Agenda packet — Vallejo City Council, February 24, 2026 (part 2 of 14)

Date: February 24, 2026
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

AWARDING AND APPROVING THE CONSTRUCTION CONTRACT WITH
MOUNTAIN CASCADE, INC. FOR THE DEMOLITION AND REPLACEMENT OF SKYVIEW TANK FOR A NOT-TO-EXCEED AMOUNT OF $16,823,596, REJECTING

ALL OTHER BIDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME

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In general, the work includes, but is not necessarily limited to:
• Demolition of the existing Skyview Reservoir
• Erosion control, dust control, and storm water pollution prevention measures • Dewatering and site earthwork, including excavation, fill, and compaction • Post-demolition geotechnical investigation and hazardous materials testing • Design and construction of a new prestressed concrete tank, including foundation, walls, roof, vaults, and liner system
• Mechanical, electrical, instrumentation, and control systems • Steel piping, valves, fittings, penetrations, ladders, railings, and safety features • Cathodic protection, coatings, and painting
• Site utilities, drainage, paving, fencing, gates, security systems, and lighting • Final site restoration and cleanup
Procurement Process
The project was publicly advertised for construction bids on October 1, 2025, with bids received on November 20, 2025. Bids were reviewed for responsiveness and responsibility in accordance with City procurement requirements. Mountain Cascade, Inc. was determined to be the lowest responsive and responsible bidder.

The bids received are tabulated below. The Engineer’s Estimate for this project was $17,760,919.

Bidder Bid Amount
Mountain
Cascade, Inc.
$16,823,596
Thompson
Builders
Corporation
$20,659,738.08

FISCAL IMPACT
The Skyview Tank Replacement Project is funded through the Water Capital Improvement Program and is financed with Water Enterprise funds. There is no impact on the General Fund. Sufficient appropriations are available for this project within the approved CIP budget (Project# WT7099).

ENVIRONMENTAL REVIEW
This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). The action is exempt under CEQA Guidelines Section 15302 (Replacement or Reconstruction), as the project involves replacement of an existing facility with a new facility of substantially the same purpose and capacity, with no expansion of use.

ATTACHMENTS

1. Mountain Cascade- Reso_CAO Stamp

2. 1. Front Ends - final

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Date: February 24, 2026
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

AWARDING AND APPROVING THE CONSTRUCTION CONTRACT WITH
MOUNTAIN CASCADE, INC. FOR THE DEMOLITION AND REPLACEMENT OF SKYVIEW TANK FOR A NOT-TO-EXCEED AMOUNT OF $16,823,596, REJECTING

ALL OTHER BIDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME

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3. SECTION A SPECIAL PROVISIONS -final

4. SECTION B -GENERAL PROVISIONS -final

5. SECTION C -WAGE AND EQUIPMENT RATES - final

6. SkyviewReservoirReplacement_SECTION D-TECH SPECS_BidSet

7. SkyviewReservoirReplacement_SECTION E-DRAWINGS_BidSet

8. City of Vallejo - MCI# 91707, Skyview Reservoir Replacement Project

9. Skyview Reservoir Replacment Project -- Addendum No. 1

10. Skyview Reservoir Replacment Project -- Addendum No. 2

11. Skyview Reservoir Replacement Project -- Addendum No. 3

12. Skyview Reservoir Replacement Project -- Addendum No. 4

13. Skyview Reservoir Replacement Project -- Addendum No. 5

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

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Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 26-________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AWARDING THE CONSTRUCTION CONTRACT WITH MOUNTAIN CASCADE, INC. FOR THE DEMOLITION

AND REPLACEMENT OF SKYVIEW TANK FOR A NOT-TO-EXCEED AMOUNT OF $16,823,596, REJECTING ALL OTHER BIDS AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONSTRUCTION CONTRACT AND RELATED DOCUMENTS WHEREAS, the City of Vallejo owns and operates the Skyview Reservoir, a critical potable water storage facility; and
WHEREAS, engineering evaluations and leak testing have confirmed that the existing Skyview Reservoir has experienced significant leakage and has reached the end of its useful service life; and
WHEREAS, the Water Department has completed design of a replacement reservoir consistent with AWWA D110 standards; and
WHEREAS, the City publicly advertised the Skyview Tank Replacement Project for construction bids on October 1, and bids were received on November 20; and WHEREAS, the City received bids from Mountain Cascade, Inc. in the amount of $16,823,596.00 and from Thompson Builders Corporation in the amount of $20,659,738.08; and WHEREAS, Mountain Cascade, Inc. was determined to be the lowest responsive and responsible bidder; and
WHEREAS, funding for the project is available within the Water Capital Improvement Program; NOW THEREFORE, BE IT RESOLVED NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby rejects the bid of Thompson Builders Corporation and awards the construction contract for the Skyview Tank Replacement Project to Mountain Cascade, Inc. for a total not-to-exceed amount of $16,823,596 and authorizes the City Manager to execute the construction contract and related documents.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on February 24, 2026, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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_________________________________________

ANDREA SORCE, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK

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TABLE OF CONTENTS
Page

1. Notice to Contractors 6

2. Instructions to Bidders 10

3. Proposal Form 15

4. Bid Sheet 18

5. Bidder’s Bond 21

6. Contractor Qualifications 24

7. Designation of Subcontractors 26

8. Noncollusion Affidavit 28

9. Nondiscrimination Clause 29

10. Contract 30

11. Faithful Performance Bond 36

12. Payment (Labor and Materials) Bond 38

13. Contractor Qualification Questionnaire 40

14. Contract Change Order Form 44

SPECIAL PROVISIONS
SECTION A: DESCRIPTION OF PROJECT

1. Location of Work A-1

2. Scope of Work A-1

3. Pre-Construction Conference A-1

4. Underground Utilities A-1

5. Materials and Tests A-1

6. City Furnished Materials A-1

7. Water A-2

8. Sequence of Construction to Maintain Traffic A-2

9. Construction Upon Private Property A-2

10. Watermain Tie-Ins A-2

11. As-Built Drawings A-3

12. Hazardous Waste in Excavation A-3

13. Supplemental Materials A-3

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SECTION B: GENERAL PROVISIONS

1. Definitions and terms B-1

2. Proposal requirements and conditions B-11

3. Award and execution of contract B-15

4. Scope of work B-17

5. Control of work B-23

6. Control of materials B-31

7. Legal relations and responsibility B-43

8. Prosecution and progress B-88

9. Measurement and payment B-100
SECTION C: WAGE AND EQUIPMENT RATES

1. Prevailing Wage Rates C-1

2. Payroll Records C-1

3. Equipment Rental Rates C-2

4. CA Department of Industrial Relations C-3

5. Project Labor Agreement and Agreement To Be Bound C-5 SECTION D: TECHNICAL SPECIFICATIONS

1. Division 01 General Requirements 01110-1

2. Division 02 Site Construction 02001-1

3. Division 03 Concrete 03055-1

4. Division 05 Metals 05120-1

5. Division 07 Thermal and Moisture Protection 07110-1

6. Division 08 Doors and Windows 08320-1

7. Division 09 Finishes 09920-1

8. Division 11 Equipment 11122-1

9. Division 13 Special Construction 13100-1

10. Division 15 Mechanical 15050-1

11. Division 16 Electrical 16050-1

12. Division 17 Instrumentation and Controls 17050-1
SECTION E: City of Vallejo Skyview Reservoir Improvement Plans SECTION F: APPENDICES

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APPENDIX A: Draft Geotechnical and Geologic Hazards Investigation, prepared by Geocon Consultants, Inc., dated May 2023
APPENDIX B: City of Vallejo, Skyview Reservoir Improvement Plans, prepared for the City of Vallejo, prepared by Kaiser Engineers, Oakland, Ca, dated 3-8-68, job number 6529-4, as built Improvement plans
APPENDIX C: Limited Asbestos and Lead Survey Report , for Vallejo Skyiew Tank, Prepared by Essel Environmental & Emergency Response, 1035 22nd Avenue, Suite 9, Oakland, Ca 94606, (800)595-7616, dated January 27, 2023, Essel project number: 219.22002 for Justin Person, Carollo Engineers, 2880 Gateway Oaks Drive, Sue 300, Sacramento, CA 95833.

APPENDIX D: Ground Penetrating Radar (GPR) Survey, prepared by NORCAL Geophysical Consultants, dated April 12, 2018, NORCAL Job #NS186005.

APPENDIX E: Skyview Condition Assessment TM, prepared by HDR, Inc., dated August 20, 2020
APPENDIX F: Soil Corrosivity Evaluation & Recommendation for Corrosion Control Skyview Tank Replacement Project, Prepared by JDH Corrosion Consultants, Inc., Job Number 2023004, dated February 3,2023

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Skyview Reservoir Replacement Project
6 CITY OF VALLEJO

WATER DEPARTMENT

NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN THAT SEALED BIDS will be received at the Office of the City Clerk, City Hall, 3rd Floor, Vallejo, California, during the business hours of 8:30 AM through 5:00 PM, Monday through Friday, holidays excepted and/or sealed bids can be deposited into the drop box in front of City Hall, until the hour of TBD 2:00 P.M. on November 20 2025, at which time they will be publicly opened and read aloud in the City Council Chambers, 2nd Floor of said City Hall for SKYVIEW RESERVOIR REPLACEMENT PROJECT, City of Vallejo, County of Solano, California according to the drawings and specifications prepared by the City of Vallejo, Water Department.

This project is subject to A Project Labor Agreement (PLA). The PLA can be found in Section C: Wages and Equipment Rates. In order for a bid to be considered for this project, bidders must execute the Agreement to be Bound, found in section C as an attachment to the Project Labor Agreement.

This project is located near 495 Goheen Circle. This location is only accessed via Goheen Circle. There are no parking lots near this location.

The work to be done includes:

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Skyview Reservoir Replacement Project
7  Steel piping, valves, supports, and fittings
 Air vents, exhaust fans, pumps, mechanical mixers, sensors, and tank accessories
 Paintings, coatings and pipe cathodic protection system  Concrete and Asphalt paving, AB base and subbase preparation  Curb and gutter, and storm drainage system
 Miscellaneous Concrete
 Steel water lines, fittings and supports
 Site sewer pipe system
 Foundation subdrain system
 Tank electrical, cabling, transmitters, instrumentation and controls systems
 Exterior site lighting, light poles and enclosed vault lighting  Gate controllers, card readers, cameras and facility security system  Fencing, automatic gates,
 Site cleanup and site restoration
The work includes all tie-ins, reconnections, miscellaneous fittings, potholing, soil testing and investigations, rough and finish grading, backfill, temporary shoring, miscellaneous steel fabrication, site security, carpentry, rough and finish electrical work, installing an off-site potable water main located in Goheen Circle, and all other work and facilities necessary or incidental to construct the completed improvements as set forth in the plans and specifications and as directed by the Water Director or her designee.

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

Bids are required for the entire work described herein. An optional, but highly encouraged pre-bid conference will be held October 16 , 2025 @ 09:00 A.M., at the project tank site at: 495 Goheen Circle, Vallejo, California. Potential bidders shall meet at 495 Goheen Circle at the designated time and date. This meeting is to inform bidders of project requirements and subcontractors of subcontracting and material supply opportunities. All questions and responses to questions will be provided to all registered contractors by addendum.

Time of completion of the work is 730 calendar days from the date of issuance of the written notice to proceed by the City.

No bid will be accepted 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.

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Skyview Reservoir Replacement Project
8 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 Fifty Dollars ($150.00) 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. Certified payroll and daily reports must be submitted with each pay request.

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.

Documents, including Proposal documents, insurance forms and contract may be inspected and obtained online at:
https://www.cityofvallejo.net/doing_business/bids___proposals (note three underscores between “bids” and “proposals”) Users of documents posted on the internet in electronic form are cautioned that the City 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. Bidders signature signifies that the Bidder

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Skyview Reservoir Replacement Project
9 accepts all Bid documents, accompanying plans, and any other documents included with the bid as complete, biddable, and buildable.

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 CLASS A.

DAWN G. ABRAHAMSON
City Clerk
Dated: October 1, 2025

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Skyview Reservoir Replacement Project
10 WATER DEPARTMENT

SKYVIEW RESERVOIR REPLACEMENT PROJECT

INSTRUCTIONS TO BIDDERS
1) All portions of the Proposal Form must be completed before the bid is submitted.

Failure to do so may result in the bid being rejected as non-responsive. Attached to an submitted with the Proposal form, Bidder must provide the completed:
(a) Contractor Qualifications,
(b) Designation of Subcontractors,
(c) Non=Collusion Affidavit for Contractors or Subcontractor, (d) Non-Discrimination Clause,
(e) The appropriate bid security.
(f) The Agreement to be bound to the PLA.

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

Dawn G. Abrahamson, City Clerk
555 Santa Clara Street
P.O. Box 3068
Vallejo, California 94590
4) City of Vallejo has obtained the following report(s):
 Record Drawings, City of Vallejo Skyview Reservoir, dated April 1968.  Draft Geotechnical and Geologic Hazards Investigation, prepared by Geocon Consultants, Inc., dated May 2023.
 Ground Penetrating Radar (GPR) Survey, prepared by NORCAL Geophysical Consultants, dated April 12, 2018.
 Skyview Condition Assessment TM, prepared by HDR, Inc., dated August 20, 2020
 Skyview Condition Assessment TM, prepared by HDR, Inc., dated August

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Skyview Reservoir Replacement Project
11 20, 2020.
 Soil Corrosivity Evaluation & Recommendation for Corrosion Control Skyview Tank Replacement Project, Prepared by JDH Corrosion Consultants, Inc., Job Number 2023004, dated February 3,2023 The reports may contain facts that may materially affect Bidders' bids. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or reports or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in any drawings.

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

[email protected]
b) By Letter addressed to:

CITY OF VALLEJO WATER DEPARTMENT
ATTN: MELISSA CANSDALE, P.E.
202 FLEMING HILL ROAD
VALLEJO, CA 94589
Bidders are advised that oral or written communication from the City not in the form of an official addendum do not alter the Contract Documents. 6) The cut off time for submission of bid questions is at 02:00 P.M. (Pacific Time) on November 15, 2025. Any questions received after this time will not receive a response.
7) If a pre-bid conference has been scheduled at the site of the work, all Bidders, subcontractors, material suppliers and others who may be working on the work of improvement are not required to attend this pre-bid conference. However, due to the facts and circumstances of this particular project, the pre-bid conference may be the only opportunity to conduct the pre-bid investigation of the site and satisfy

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Skyview Reservoir Replacement Project
12 the pre-bid obligations set forth in these Contract Documents. If a Bidder (or others) attend the entirety of a scheduled pre-bid conference and need additional time to complete their investigation of the site or other pre-bid obligations set forth in these Contract Documents, Bidder must notify the City in writing, via certified or registered mail, no more than three work days after the scheduled pre-bid conference, to request additional time. The written request must include an estimate of the amount of additional time required by Bidder. 8) All prospective bidders, are required to fully complete and submit the Contractor Qualification Questionnaire on City’s form and furnish all required supporting documentation to enable the City to determine whether the apparent low Bidder is responsible and/or qualified to perform the work described in the Contract Documents. By submission of a bid, Bidder agrees to complete the Contractor Qualification Questionnaire, furnish all required attachments, sign the Contractor Qualification Questionnaire, all in strict conformance with the requirements of the Contract Documents and Contractor Qualification Questionnaire, sign the Agreement to Be Bound to the PLA and submit to the City as part of the bidders bid package. The City has the right to disqualify perspective bidders if the Contractor Qualification questionnaire has an unanswered question. If Bidder fails or refuses to complete the Contractor Qualification Questionnaire, furnish all required attachments, sign the Contractor Qualification Questionnaire, and submit their answers as part of the bid documents, or the Bidder fails to sign the Agreement to be bound to the PLA, Bidder will not be considered for award of the Contract, and further, Bidder agrees that the City may award the Contract to another Bidder or call for new bids. In such event, the Bidder shall be liable to the City for the difference between the amount of the disqualified bid and the larger amount for which the City procures the work plus all of the City's costs, damages, expenses and liabilities.
9) If the City receives from a Bidder within the time set forth in these Contract Documents, a complete Contractor Qualification Questionnaire and all required supporting documentation as required by the Contract Documents, and if the City determines that a Bidder is not qualified to perform the work required by the Contract Documents, and if the City elects to not award the Contract to that Bidder, the City will promptly return that Bidder's bid security. 10) Bid Protests - Only Bidders may protest bids. All bid protests must be submitted in writing along with a non-refundable $2,500.00 bid protest fee. a) All bid protests must be addressed to Director, Water Department, City of Vallejo, 555 Santa Clara Street, P. O. Box 3068, Vallejo, CA 94590 re:

SKYVIEW RESERVOIR REPLACEMENT PROJECT and received, by said Director along with the non-refundable bid protest fee, by the Bid Protest Deadline. The bid protest submitted to the Director shall include one original and two complete copies. The original bid protest and two complete copies shall be transmitted to the Director via certified mail, return receipt, or hand delivery.

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13 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 Bidder's sole and exclusive remedy in the event of a bid protest. Bidders' failure to strictly comply with these procedures and time limits shall constitute a waiver of any right to further pursue the bid protest, including but not limited to, the filing of a Government Code Claim or legal proceedings. (vi) A Bidder may not rely on a bid protest submitted by another Bidder, but must timely pursue its own bid protest.
11) Liquidated damages that may be assessed by City of Vallejo for late completion is one thousand hundred dollars ($1,000) for each calendar day delay. 12) In addition to the Designation of Subcontractors form that must be submitted with

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14 each Bidder’s proposal, within twenty-four (24) hours of the bid opening, the apparent low Bidder shall furnish the City, in writing, for all subcontractors who will perform work on the work of improvement, the subcontractor’s: Name, address, telephone number, facsimile number, email address, California contractor’s license number, DIR registration number, the bid item of work to be performed, MBE status, WBE status and the dollar amount of subcontractor’s work. This supplemental information must be furnished to:

MELISSA CANSDALE, P.E.

[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.

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Skyview Reservoir Replacement Project
15 CITY OF VALLEJO

WATER DEPARTMENT

PROPOSAL FORM

FOR THE

SKYVIEW RESERVOIR REPLACEMENT PROJECT
TO: The Honorable Mayor and City Council
City of Vallejo
Vallejo, California 94590
Name of Bidder:

Business Address:

Place of Residence:

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

Contractor’s License No.: Expiration Date:

Contractor’s Classification
Name of Contractor’s License:

DIR Registration No.: Expiration Date:

City of Vallejo Business License No.:

Business Address:

Phone: Fax:

E-mail:

Place of Residence:

Telephone No.

The work to be done consists of:

This project is located near 495 Goheen Circle. This location is only accessed via Goheen Circle. There are no parking lots near this location.

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Skyview Reservoir Replacement Project
16 The work to be done includes:

In general, the work consists of construction of a new 6.0 million gallon AWWA D110 Type I, strand-wound, prestressed concrete reservoir (Skyview Reservoir and the associated facility. The work includes but is not necessarily limited to:
 Demolition of the existing reservoir (Skyview Reservoir 1),  Installing and maintaining erosion and dust control, and storm water pollution prevention
 Dewatering
 Earthwork cut, fill and compaction
 Site excavation and material movement
 Geotechnical investigation after existing tank has been demolished and debris removed from site.
 Testing of the existing soils for hazardous material contamination.  Design of the AWWA D110 Type I tank
 Prestressed concrete steel reinforcement
 Structural concrete tank foundation
 Structural concrete tank walls, roof and vaults
 Tank Liner System
 Steel Ladders, guardrails, handrails, hatches, and tank penetrations,  Steel piping, valves, supports, and fittings
 Air vents, exhaust fans, pumps, mechanical mixers, sensors, and tank accessories
 Paintings, coatings and pipe cathodic protection system  Concrete and Asphalt paving, AB base and subbase preparation  Curb and gutter, and storm drainage system
 Miscellaneous Concrete
 Steel water lines, fittings and supports
 Site sewer pipe system
 Foundation subdrain system
 Tank electrical, cabling, transmitters, instrumentation and controls systems  Exterior site lighting, light poles and enclosed vault lighting  Gate controllers, card readers, cameras and facility security system  Fencing, automatic gates,
 Site cleanup and site restoration
The work includes all tie-ins, reconnections, miscellaneous fittings, potholing, soil testing and investigations, rough and finish grading, backfill, temporary shoring, miscellaneous steel fabrication, site security, carpentry, rough and finish electrical work, installing an offsite potable water main located in Goheen Circle, and all other work and facilities necessary or incidental to construct the completed improvements as directed by the plans, specifications and as directed by the Water Director.

The undersigned, as Bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he/she has carefully examined the location of the proposed work, the annexed proposed form of Contract, and the drawings therein referred to, and all of the Contract Documents; and he/she proposes and agrees if this proposal is accepted, that

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Skyview Reservoir Replacement Project
17 he/she will contract with the City of Vallejo, in the form of the copy of the contract annexed hereto, to provide all necessary labor, materials, machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take in full payment therefore the following item prices, to wit:

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

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

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Skyview Reservoir Replacement Project
18 CITY OF VALLEJO

WATER DEPARTMENT

BID SHEET

FOR THE

SKYVIEW RESERVOIR REPLACEMENT PROJECT
Item
No. Description of Item Estimated Quantity Unit Unit Price Total Amount 1 Mobilization & Demobilization 1 LS $ $
2 Demolition 1 LS $ $
3 Sitework 1 LS $ $
4 Yard Piping 1 LS $ $
5 Prestressed Concrete Reservoir 1 LS $ $
6 Reservoir Control Valve Vault 1 LS. $ $
7 Electrical and Instrumentation 1 LS. $ $
8 Goheen Circle Water Main 1 LS. $ $
9 Dust Control and Storm Water Pollution
Prevention 1 LS. $ $
10 Temporary Excavation Support 1 LS. $ $
11 Traffic Control 1 LS $ $
12 Potholes 1 LS $ $
13 All Remaining Work Not Included in Bid Items 1
through 12 1 LS $ $
14 Daily Delay Damages 60 Day. $ $

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

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

In case of discrepancy between the Unit Prices and the Total Amount for a bid item, the Unit Price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a Unit Price for a said item is not readable or otherwise not clear, or is omitted, or is the same amount as the entry in the Total Amount column, then the amount set forth in the Total Amount column for the line item shall prevail and shall be divided by the Estimated Quantity for said item and the price thus obtained shall be the Unit Price amount.

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19 (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, onehundredth, 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 Engineer's Cost Estimate. (c) In order for a bid to be valid, all aspects of the Bid Sheet must be filled out completely.

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

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

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

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

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

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

BIDDER’S BID IS BASED ON and includes the following Addenda issued: (Bidder must list all addenda issued by City, below, or Bidder’s bid may be rejected by the City as non-responsive.

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

PROVIDING FOR THE REGISTRATION OF CONTRACTORS,
License No.:

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

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

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21 CITY OF VALLEJO

WATER DEPARTMENT

BIDDER'S BOND
KNOW ALL MEN/WOMEN BY THESE PRESENTS, THAT WE, __________________, as Principal, and __________________, as Surety, are held and firmly bound unto the City of Vallejo, hereinafter called CITY, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Vallejo, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, administrators, and executors and successors, jointly and severally, firmly by these presents; in the sum of:
$

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

FURNISHING AND INSTALLATION OF THE FOLLOWING (ALL QUANTITIES ARE APPROXIMATE):

The work to be done includes:

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22  Air vents, exhaust fans, pumps, mechanical mixers, sensors, and tank accessories
 Paintings, coatings and pipe cathodic protection system  Concrete and Asphalt paving, AB base and subbase preparation  Curb and gutter, and storm drainage system
 Miscellaneous Concrete
 Steel water lines, fittings and supports
 Site sewer pipe system
 Foundation subdrain system
 Tank electrical, cabling, transmitters, instrumentation and controls systems  Exterior site lighting, light poles and enclosed vault lighting  Gate controllers, card readers, cameras and facility security system  Fencing, automatic gates,
 Site cleanup and site restoration
The work includes all tie-ins, reconnections, miscellaneous fittings, potholing, soil testing and investigations, rough and finish grading, backfill, temporary shoring, miscellaneous steel fabrication, site security, carpentry, rough and finish electrical work, installing an offsite potable water main located in Goheen Circle, and all other work and facilities necessary or incidental to construct the completed improvements as directed by the plans, specifications and as directed by the Water Director.

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

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit including a reasonable attorney's fee to be fixed by the court.

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

Principal

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23 Surety

Address:

NOTES:

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

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24 CITY OF VALLEJO

WATER DEPARTMENT

CONTRACTOR QUALIFICATIONS
This form must be completed, signed by Bidder, and submitted to City of Vallejo with Bidder’s bid. Failure to complete, sign and submit with Bidder’s bid may result in Bidder’s bid being rejected as not responsive.

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

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

2. Not have any pending disciplinary proceedings or investigations by the Contractors State License Board or any within the last five (5) years.

3. Have completed to the public owner’s satisfaction, no less than five (5) public works projects in the State of California, each with an original contract price of no less than $10,000,000 within the past five years prior to the date of bid opening where the bidder was the prime Contractor and responsible for no less than $5,000,000.

4. If, within the last 5 years, the Contractor has had any suspensions, disbarments, contract terminations or similar proceedings (including stipulated agreements), restricting, limiting or prohibiting Bidder from bidding or performing other public works for any other public agency, please explain what occurred in each situation and with whom.

5. If, beyond 5 years, the Contractor has had any suspensions, disbarments, contract terminations or similar proceedings (including stipulated agreements), restricting, limiting or prohibiting Bidder from bidding or performing other public works for any other public agency, please explain what occurred in each situation and with whom.

6. Supply no less than five (5) public works references for completed Public Works projects within the State of California, each with an original contract price of no less than $10,000,000 within the past ten years prior to the date of bid opening where the bidder was the prime and responsible for no less than $5,000,000.

7. Does not have a history of surety bond claims against existing or prior companies.

8. The bidder performed at least 2 AWWA D110 Type 1 Prestressed concrete tank projects as the prime within the past 5 years. Please list the project name(s), location(s), owner(s), cost, and contact person(s).

9. The bidder performed at least 5 concrete tank projects total. Please list the project name(s), location(s), owner(s), and contact person(s).

I, being the ________________________ of Bidder herein, declare that Bidder meets all of

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25 the minimum criteria set forth above, and furthermore certify that at the time this bid is submitted, the Bidder is not identified on a list created pursuant to subdivision (b) of California Public Contract Code section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of section 2202.5, or as a person described in subdivision (b) of section 2202.5, as applicable.
(Print Name) (Signature) Date

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26 CITY OF VALLEJO

WATER DEPARTMENT

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

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

SUBCONTRACTOR NAME LICENSE
NUMBER
DIR

REGISTRATION
NUMBER

LOCATION OF

BUSINESS

DESCRIPTION OF SUBCONTRACTED

WORK & BID AMOUNT

NOTICE TO BIDDERS: Listing of subcontractors is mandatory under Sections 4100-4113 of the California Public Contract Code.

If this form is incomplete or inaccurate, your bid may be rejected.

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27 CITY OF VALLEJO

WATER DEPARTMENT

DESIGNATION OF SUBCONTRACTORS
NOTICE TO BIDDERS: Listing of subcontractors is mandatory under Sections 4100 4113 of the California Public Contract Code.

If this form is incomplete or inaccurate, your bid may be rejected.

SUBCONTRACTOR NAME LICENSE
NUMBER
DIR

REGISTRATION
NUMBER

LOCATION OF

BUSINESS

DESCRIPTION OF SUBCONTRACTED

WORK & BID AMOUNT

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28 NONCOLLUSION AFFIDAVIT
(TO BE SIGNED BY BIDDER AND SUBMITTED WITH BID)
Pursuant to section 7106 of the Public Contract Code, the undersigned declares:

I am the ___________________ of _____________________, the party making the foregoing bid.

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________________, at _____________,_______.
(Signature)

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29 CITY OF VALLEJO

WATER DEPARTMENT

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

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

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

Bidder’s Signature Date

SKYVIEW RESERVOIR REPLACEMENT PROJECT

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30 CITY OF VALLEJO

WATER DEPARTMENT

CONTRACT
FOR
SKYVIEW RESERVOIR REPLACEMENT PROJECT (WT 7099)
THIS CONTRACT (“Contract”) made and concluded in duplicate this _____ day of ________________, 20____, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, acting by and through its City Council, hereinafter called City, and _______________, hereinafter called CONTRACTOR.

WITNESSETH:

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

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

1. SCOPE OF WORK
The work to be done includes:

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31  Geotechnical investigation after existing tank has been demolished and debris removed from site.
 Testing of the existing soils for hazardous material contamination.  Design of the AWWA D110 Type I tank
 Prestressed concrete steel reinforcement
 Structural concrete tank foundation
 Structural concrete tank walls, roof and vaults
 Tank Liner System
 Steel Ladders, guardrails, handrails, hatches, and tank penetrations,  Steel piping, valves, supports, and fittings
 Air vents, exhaust fans, pumps, mechanical mixers, sensors, and tank accessories
 Paintings, coatings and pipe cathodic protection system  Concrete and Asphalt paving, AB base and subbase preparation  Curb and gutter, and storm drainage system
 Miscellaneous Concrete
 Steel water lines, fittings and supports
 Site sewer pipe system
 Foundation subdrain system
 Tank electrical, cabling, transmitters, instrumentation and controls systems  Exterior site lighting, light poles and enclosed vault lighting  Gate controllers, card readers, cameras and facility security system  Fencing, automatic gates,
 Site cleanup and site restoration
“Work includes all tie-ins, reconnections, miscellaneous fittings, potholing, soil testing and investigations, rough and finish grading, backfill, temporary shoring, miscellaneous steel fabrication, site security, carpentry, rough and finish electrical work, installing an off-site potable water main located in Goheen Circle, and all other work and facilities necessary or incidental to construct the completed improvements as directed by the plans, specifications and as directed by the Water Director.

The following documents shall constitute the Contract Documents:
(a) Notice to Contractors;
(b) Instructions to Bidders;
(c) The Bid Documents;
(d) Proposal Form
(e) Performance Bond
(f) Payment Bond
(g) Contract and Exhibits thereto;
(h) Drawings, Plans, Specifications,
(i) Special Provisions;
(j) General Provisions;
(k) Addenda and Change Orders;
(l) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2024 edition, Sections 10 through 95, all as modified

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32 herein;
(m)City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition;
(n) Vallejo Flood & Wastewater District Engineering Standards, dated July 2020; (o) City’s Safety Manual” VSFCD Contractor Risk Control Manual \ 2008 Revisions\Contractor Safety Handbook.doc.
(p) The Project Labor Agreement for the City of Vallejo dated April 1, 2024; (q) The Agreement to be Bound to the PLA executed by the Contractor; (r) Any other documents identified as such in the Contract Documents.

2. TERMS AND CONDITIONS
This Contract consists of the Contract Documents and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said Contract Documents, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with the Contract Documents.

Contractor agrees to receive and accept the prices set forth in the Contract as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents.

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

Pursuant to section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the Office of the City Clerk, City of Vallejo, City Hall, 555 Santa Clara Street, Vallejo, California CA. Those copies shall be made available to any interested party upon request. The Contractor shall forfeit, as penalty to the City, Fifty Dollars ($50.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.

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33 City shall pay Contractor the sums set forth on Exhibit A, hereto, in accordance with all of the terms and conditions of the Contract Documents.

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

The person signing this Contract for Contractor hereby represents and warrants that he/she is fully authorized to sign this Contract on behalf of Contractor. [SIGNATURES ON FOLLOWING PAGE]

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34 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.

CITY OF VALLEJO,
a municipal corporation
CONTRACTOR:

By: By:

Andrew Murray, City Manager (Signature of Authorized Agent) Attest: Print Name:

By: Print Title:

Dawn Abrahamson, City Clerk
Approved as to Content:

By: (City Seal)
Beth Schoenberger, Water Director
Approved as to Form:

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

By:

Armond Sarkis, Risk Manager

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35 EXHIBIT A
[BID SHEET TO BE INSERTED]

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Bond Number: ___________________
Premium: ___________________
Skyview Reservoir Replacement Project
36 CITY OF VALLEJO

WATER DEPARTMENT

FAITHFUL PERFORMANCE BOND

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

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

SKYVIEW RESERVOIR REPLACEMENT 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.

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Faithful Performance Bond

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37 IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this ______ day of __________________, 20______. The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

PRINCIPAL SURETY
SURETY INFORMATION:

Contact Person:

Name of Company:

Address:

Telephone No.: Fax No.:

NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.

APPROVED AS TO FORM:

Veronica Nebb
City Attorney

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Bond Number: ___________________
Premium: ___________________
Skyview Reservoir Replacement Project
38 CITY OF VALLEJO

WATER DEPARTMENT

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

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

NOW, THEREFORE, We, the Principal, and ________________, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation, hereinafter called City, in the penal sum of ____________________ Dollars ($________________), and no more, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, as herein provided.

The condition of this obligation is such that, if said Principal, or his/her or its Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of California Civil Code, commencing with Section 9550, and providing that the persons, companies or corporations so furnishing said materials, provisions, or other supplies, appliances or power used in, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation, renting, or hiring implements, or machinery, or power, for, or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said Title 15, the Surety, or Sureties, hereon will pay the same in an amount not exceeding the sum specified in his/her or its bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

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Payment (Labor and Materials) Bond

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39 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.: Fax No.:

NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.

APPROVED AS TO FORM:

Veronica Nebb
City Attorney

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40 CITY OF VALLEJO

WATER DEPARTMENT

CONTRACTOR QUALIFICATION QUESTIONNAIRE
Bidder agrees to complete, sign and return this Contractor Qualification Questionnaire, including all required supporting documentation, with the bid proposal. If Bidder fails or refuses to complete the Contractor Qualification Questionnaire, furnish all required attachments, sign the Contractor Qualification Questionnaire 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.

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

1. State the full legal name of the Bidder.

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

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

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

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

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.

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Skyview Reservoir Replacement Project
41 10. Has bidders ever failed to complete a construction contract? If so, please state the project name(s), location(s), contact person, and reason(s) for failure to complete.

Please also state the name, address and telephone number of the owner(s), including the name and contact person.

11. Has Bidders performance bond provider/surety been contacted within the last 5 years? If so, Bidder must provide its Experience Modification Rating.

12. Has Bidder received a stop work notice by project owner on any project in the last 5 years? If so, Bidder must provide its Experience Modification Rating.

13. Has Bidder been assessed a lien on any project within the last 5 years? If so, Bidder must provide its Experience Modification Rating.

14. Has bidder been found out of compliance with labor laws or DIR within the last 5 years? If so, Bidder must provide its Experience Modification Rating.

15. Has bidder performed at least 2 AWWA D110 Type 1 Prestressed concrete tank projects as the prime within the past 5 years? If so, please list the project name(s), location(s), owner(s), cost, and contact person(s).

16. Has bidder performed at least 5 concrete tank projects total? If so, please list the project name(s), location(s), owner(s), and contact person(s).

17. Has Bidder's control over a work of improvement, ever been terminated? If so, Bidder must provide its Experience Modification Rating.

18. For each scope of work 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.

19. For every public 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 $5,000,000, but not more than $10,000,000, state the name, address and telephone number of the owner and principal designer (architect or engineer).

20. 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. If so, Bidder must provide its Experience Modification Rating.

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42 21. 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.

22. 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.

23. 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.?

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

25. 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.)

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

27. 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 and provide Bidder’s Experience Modification Rating.

28. Has any surety ever paid or satisfied any claim on behalf of Bidder? If so, Bidder must provide its Experience Modification Rating.

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

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

31. State Bidder's annual gross sales for each of the last five fiscal years.

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

CONTRACTOR MUST FURNISH: ☒ YES ☐ NO

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

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE

STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE THOROUGHLY REVIEWED THE ATTACHED CONTRACTOR

QUALIFICATION QUESTIONNAIRE AND ATTACHMENTS, IF ANY, AND KNOW

ITS CONTENTS, AND SAID CONTRACTOR QUALIFICATION

QUESTIONNAIRE AND ATTACHMENTS, IF ANY, ARE TRUTHFUL, COMPLETE AND ACCURATE; AND CITY OF VALLEJO MAY RELY UPON THE CONTENTS AS BEING TRUTHFUL, COMPLETE AND ACCURATE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ, PERTAINING

TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT

SUBMISSION OR CERTIFICATION OF A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL CONSEQUENCES.

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

Dated: Bidder
By:
(Printed name of signor)
(Title of signor)

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Bond Number: ___________________
Premium: ___________________
Skyview Reservoir Replacement Project

CITY OF VALLEJO

WATER DEPARTMENT

CONTRACT CHANGE ORDER

CONTRACT CHANGE
ORDER NO.:
___________________ DATE: ___________________
TO: ______________________
PROJECT: SKYVIEW RESERVOIR REPLACEMENT PROJECT
FROM: ______________________
This change order modifies and amends the provisions of that certain Contract dated ___________________ by and between the City and ________________________ (“Contractor”).

REFERENCE: Contract drawings, Sheet No.
or other drawings attached
Contractor is hereby directed to make the following changes to the Work:

By signing this Change Order, Contractor understands and agrees that it is accepting the specified sums and adjustment of contract time of completion (if any) set forth herein as full, final and complete satisfaction of any and all claims by Contractor for all costs and expenses of Contractor and anyone for whom Contractor may be responsible for the work referred to herein, including but not limited to costs or expenses of the Contractor or any of its subcontractors, materials suppliers, vendors or anyone else for whom Contractor is responsible, for labor, materials, services or equipment, no matter how characterized, whether known or unknown to Contractor, including but not limited to, all field and home office overhead, delay costs/claims, acceleration costs/claims, unabsorbed or underabsorbed 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:

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Skyview Reservoir Replacement Project
45 FORCE ACCOUNT:

BASE CONTRACT PRICE:

PREVIOUS CONTRACT CHANGE ORDER:

NEW ADJUSTED CONTRACT PRICE:

EXCEPT AS SET FORTH ABOVE, ALL TERMS AND PROVISIONS OF THE

CONTRACT AND ALL PRIOR CHANGE ORDERS REMAIN IN FULL FORCE AND EFFECT.

RECOMMENDED:

NAME TITLE
Execution of this Change Order by both parties constitutes a binding agreement. This document constitutes the entire agreement between the parties. The person signing this Change Order for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

ACCEPTED AND AGREED:

Contractor: Date:
(Name and Title)
City: Date:
(Engineer)

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Section A: Special Provisions for Bid Documents for the Skyview Reservoir Replacement Project A-1
SECTION A – SPECIAL PROVISIONS

1. Location of Work – The work is located in the vicinity of 485 Goheen Circle, Vallejo, CA 94591.

2. Scope of Work - For all work on this project the Contractor shall furnish all labor, materials, tools, equipment, transportation, appliances and services required to completely execute the work as set forth on the Contract Documents. Refer to Section 01110 - Summary of Work for additional information.

3. Pre-Construction Conference - The Contractor, Engineer and other interested parties shall meet at a pre-construction conference to be scheduled after execution of the construction Contract and prior to the start of construction. The purpose of this conference is to review job schedules, traffic control, affirmative action, and to discuss various other aspects of the work and to clarify procedures. Refer to Section 01312 - Project Meetings for additional information.

The Contractor shall submit the following to the Water Department Engineer by the date of the pre-construction conference:

A. Detailed CPM Construction Schedule for review and approval.

B. Detailed Traffic Control Plan for review and approval.

C. Detail Stage Construction and Traffic Handling Plan for review D. A plan and documentation for legal disposal of trench spoils and materials for review and approval.

E. Construction safety plan, material shop drawings, any and all other material or required submittals for review and approval. All submittals shall be in writing.

F. "Notice" to homeowners, residents, commuters and/or affected parties for review and approval.

4. Underground Utilities - The Contractor shall locate all underground obstructions and utilities - gas, electric, water lines, etc. Repair of damage of any utility lines shall be made at the Contractor's expense. See applicable drawings, if any.

5. Materials and Tests - Refer to the Technical Specifications for materials and testing requirements.

6. City Furnished Materials - The City will furnish to the Contractor free of charge for use under these Specifications the following materials:

A. Potable water, except for retesting of the concrete tank as described in Section 01759 - Water Leakage Test for Concrete Structures.

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Section A: Special Provisions for Bid Documents for the Skyview Reservoir Replacement Project A-2
B. Surveillance cameras, cellular equipment, and gate access card reader as described in the Technical Specifications. The City will furnish this equipment to be installed by the Contractor.

7. Water – To be drawn from a Water Department designated fire hydrant after the Contractor has applied to the Water Department for a temporary water meter.

Contractor may transfer/relocate the temporary meter to approved hydrant locations as needed only after the Contractor notifies the City or its representative and upon approval. The Contractor shall be responsible for the temporary meter until it is duly returned and accepted by the City or its representative upon the project’s completion.

8. Sequence of Construction to Maintain Traffic -The Contractor must submit a detailed schedule of operations to the Engineer for review and acceptance prior to starting work on the project.

See the “Traffic Control” section of the technical specifications for compensation.

9. Construction Upon Private Property - The Contractor shall note that the work may be performed on or in the vicinity of private property. The Contractor shall, at all times, remove all litter, debris, and construction waste, minimize noise, dust, standing water, vibrations, hazardous 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 Water Department Director.

No separate payment shall be made for the above considerations. Full compensation for the above construction restrictions shall be considered as included in the price paid for the various items of work involved.

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

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

B. If the Contractor schedules a tie-in with the Maintenance Inspector and is not ready for the tie-in on the scheduled date, the contractor will be charged

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Section A: Special Provisions for Bid Documents for the Skyview Reservoir Replacement Project A-3
for the Maintenance Inspector's time, unless, the Contractor cancels the inspection 24 hours in advance.

11. As-Built Drawings - The Contractor will keep up to date at all times, a complete and accurate set of record prints, which shall be corrected regularly, showing every change from the Contract Documents, including all addendum, Change Orders, job decisions, etc. Upon completion of the work, a set of as-built prints shall be made by the Contractor after consultation with the project Engineer and all changes noted. All changes shall be neatly and legibly drawn to scale on the set of prints using standard architectural or engineering drafting practices.

12. Hazardous Waste in Excavation – If the Contractor encounters material in excavation, which the contractor has reason to believe may be hazardous waste as defines by Section 25117 of the Health and Safety Code, the contractor shall immediately so notify the Engineer in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation by more than one (1) working day, the Contractor shall be granted an extension of time as provided in Section 8-1.07, “Liquidated Damages,” of the General Provisions. Upon authorization from the Engineer to proceed, the Contractor shall resume excavation operations per the requirements of the plans and specifications.

If such suspension delays the current controlling operation by more than two (2) working days, the delay shall be considered a right of way delay and the Contractor shall be compensated for such delay as provided in Section 8-1.09, “Right of Way Delays,” of the General Provisions.

The City reserves the right to use other forces for exploratory work to identify and determine the extent of hazardous material and to remove such material.

13. Supplemental Materials – The following materials will be made available in section F of these bid package. This information is to be used by bidders for informational purposes only and the materials are not made part of the Contract Documents.

The City assumes no responsibility for the completeness or accuracy of survey investigations, record drawings, records compiled therefrom, or interpretations contained in subsequent reports.

APPENDIX C: Limited Asbestos and Lead Survey Report , for Vallejo Skyiew Tank, Prepared by Essel Environmental & Emergency Response, 1035 22nd Avenue, Suite 9, Oakland, Ca 94606, (800)595-7616, dated January 27, 2023,

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Section A: Special Provisions for Bid Documents for the Skyview Reservoir Replacement Project A-4
Essel project number: 219.22002 for Justin Person, Carollo Engineers, 2880 Gateway Oaks Drive, Sue 300, Sacramento, CA 95833.

APPENDIX D: Ground Penetrating Radar (GPR) Survey, prepared by NORCAL Geophysical Consultants, dated April 12, 2018, NORCAL Job #NS186005.

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-1

SECTION B - GENERAL PROVISIONS

DEFINITIONS AND TERMS
1-1.01 GENERAL
Unless the context otherwise requires, wherever in the Specifications and other Contract Documents the following abbreviations and terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as provided in this Section One. Working titles having a masculine gender, such as "workman" and "journeyman" and the pronoun "he,” are utilized in the Specifications for the sake of brevity, and are intended to refer to persons of either gender.
1-1.02 ABBREVIATIONS
AAN American Association of Nurserymen
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
APHA American Public Health Association
API American Petroleum Institute
AREA American Railway Engineering Association
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gage
AWPA American Wood Preservers' Association
AWS American Welding Society
AWWA American Water Works Association
EIA Electronic Industries Association
IEEE Institute of Electrical and Electronics Engineers
NACE National Association of Corrosion Engineers
NEMA National Electrical Manufacturers Association
NSF National Sanitation Foundation
OSHA Occupational Safety and Health Administration
UL Underwriters' Laboratories Inc.
1-1.02A UNITS OF MEASUREMENT
These General Provisions contain units in the United States Standard Measures. Some of the symbols for United States Standard Measures units of measurement used in the Specifications and in the Engineer's Estimate are defined as follows.

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-2
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 contract which has been completed in all respects in accordance with the plans and Specifications and any modifications thereof previously authorized in writing. 1-1.04 (BLANK)
1-1.05 BASE
A layer of specified material of planned thickness placed immediately below the pavement or surfacing.
1-1.06 BASEMENT MATERIAL
The material in excavation or embankments underlying the lowest layer of subbase, base, pavement, surfacing or other specified layer which is to be placed.

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-3
1-1.07 BIDDER
Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
1-1.08 BRIDGE
Any structure, with a bridge number, which carries a utility facility, or railroad, highway, pedestrian or other traffic, over a water course or over or under or around any obstruction. 1-1.082 CITY
City of Vallejo – See 1-1.18 for reference.
1-1.085 CONDUIT
A pipe or tube in which smaller pipes, tubes or electrical conductors are inserted or are to be inserted.
1-1.09 CONTRACT
The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the work. The Contract shall include:
(a) Notice to Contractors;
(b) Instructions to Bidders;
(c) The Bid Documents;
(d) Proposal Form
(e) Performance Bond
(f) Payment Bond
(g) Contract and Exhibits thereto;
(h) Drawings;Plans, Specifications
(i) Special Provisions;
(j) General Provisions;
(k) Addenda and Change Orders;
(l) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2024 edition, Sections 10 through 95, all as modified herein;
(m)City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition;
(n) Vallejo Flood & Wastewater District Engineering Standards, dated July 2020; (o) Any other documents identified as such in the Contract Documents.

All documents comprising the Contract may also be referred to as the “Contract Documents.”

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-4
1-1.10 CONTRACTOR
The person or persons, firm, partnership, corporation, or combination thereof, private or municipal, who have entered into a Contract with the City of Vallejo, as party or parties of the second part or their legal representatives.
1-1.11 CULVERT
Any structure, other than a bridge, which provides an opening under a roadway for drainage or other purposes.
1-1.12 DAYS
Unless otherwise designated, days as used in the Specifications will be understood to mean calendar days.
1-1.13 DEPARTMENT
The City of Vallejo Water Department
1-1.14 DETOUR
A temporary route for traffic around a closed portion of a road. 1-1.15 DIRECTOR
The City of Vallejo Water Department Director, or his/her authorized representative. 1-1.16 DIVIDED HIGHWAY
A highway with separated traveled ways for traffic, generally in opposite directions. 1-1.17 (BLANK)
1-1.18 ENGINEER
The City of Vallejo, Water Department, 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."

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-5
1-1.20 FEDERAL AGENCIES
Whenever, in the Specifications, reference is made to any Federal agency or officer, the reference shall be deemed made to any agency or officer succeeding in accordance with law to the powers, duties, jurisdiction and authority of the agency or officer mentioned. 1-1.21 FIXED COSTS
Any necessary labor, material and equipment costs directly expended on the item or items under consideration which remain constant regardless of the quantity of the work done. 1-1.22 FRONTAGE ROAD
A local street or road auxiliary to and located generally on the side of an arterial highway for service to abutting property and adjacent areas and for control of access. 1-1.23 GRADING PLANE
The surface of the basement material upon which the lowest layer of subbase, base, pavement, surfacing or other specified layer is placed. 1-1.24 HIGHWAY
The whole right of way or area which is reserved for and secured for use in constructing the roadway and its appurtenances.
1-1.25 LABORATORY
Any testing laboratory identified as such by City of Vallejo. 1-1.255 LEGAL HOLIDAYS
Those days designated as City observed holidays specifically:
a) New Year's Day, b) Martin Luther King, Jr. Day, c) President’s Day, d) Memorial Day, e) Independence Day, f) Labor Day, g) Indigenous People’s Day, h) Veterans' Day, i) Thanksgiving Day, j) Day after Thanksgiving, k) Christmas Day, l) Juneteenth 1-1.26 LIQUIDATED DAMAGES
The amount prescribed in the Contract Documents, to be paid to the City of Vallejo or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the work beyond the time allowed in the Contract Documents.
1-1.265 MUTCD OR CAMUTCD

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-6
The State of California, Department of Transportation publication entitled “California Manual on Uniform Traffic Control Devices.”
1-1.27 MEDIAN
That portion of a divided highway separating the traveled ways for traffic in opposite directions including inside shoulders.
1-1.275 OFFICE OF STRUCTURE DESIGN
The State of California Office of Structure Design of the Department of Transportation.

When the Specifications require working drawings to be submitted to the State Office of Structure Design, the drawings shall be submitted to: Office of Structure Design, Documents Unit, Mail Station 9, 1801 30th Street, Sacramento, CA 95816, Telephone (916) 227-8252.
1-1.28 PAVEMENT
The uppermost layer of material placed on the traveled way or shoulders. This term is used interchangeably with surfacing.
1-1.29 PLANS
The official project plans and Standard Plans, profiles, typical cross sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of the work to be performed. These documents are to be considered as a part of the plans. In the above definition, the following terms are defined as follows:
 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.
 Standard Plans
The Standard Plans issued by the State of California, Business, Transportation and Housing Agency, Department of Transportation dated 2024 and City of Vallejo Regulations and Standard Specifications for Public Improvements December 2011 edition, and Vallejo Flood and Wastewater District Engineering Standards dated 2020.
1-1.30 PROCESSING
Any operation or operations of whatever nature and extent required to produce a specified material.

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-7
1-1.31 PROPOSAL
The offer of the Bidder for the work when made out and submitted on the prescribed proposal form, properly signed and guaranteed.
1-1.32 PROPOSAL FORM
The approved form upon which the City of Vallejo requires formal bids be prepared and submitted for the work.
1-1.33 PROPOSAL GUARANTY
The cash, cashier's check, certified check or bidder's bond accompanying the proposal submitted by the bidder, as a guaranty that the bidder will enter into a contract with the City of Vallejo for the performance of the work if the Contract is awarded to the bidder. 1-1.34 ROADBED
The roadbed is that area between the intersection of the upper surface of the roadway and the side slopes or curb lines. The roadbed rises in elevation as each increment or layer of subbase, base, surfacing or pavement is placed. Where the medians are so wide as to include areas of undisturbed land, a divided highway is considered as including 2 separate roadbeds.
1-1.35 ROADWAY
That portion of the highway included between the outside lines of sidewalks, or curbs, slopes, ditches, channels, waterways, and including all the appertaining structures, and other features necessary to proper drainage and protection. 1-1.36 SHOULDERS
The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. 1-1.37 SPECIAL PROVISIONS (SECTION A)
The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Specifications. 1-1.38 SPECIFICATIONS
The directions, provisions and requirements contained in the General and Special Provisions, Wage and Equipment Rate and Technical Specifications section as supplemented by the Standard Specifications, City of Vallejo Standard Specifications and

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-8
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, 2018 edition, Sections 10 through 96 only.
1-1.39 STATE
The State of California.
1-1.40 (BLANK)
1-1.41 SUBBASE
A layer of specified material of planned thickness between a base and the basement material.
1-1.42 SUBGRADE
That portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of any other material is placed.
1-1.43 SUBSTRUCTURE
All that part of the bridge below the bridge seats, tops of piers, haunches of rigid frames, or below the spring lines of arches. Backwalls and parapets of abutments and wingwalls of bridges shall be considered as parts of the substructure. 1-1.44 SUPERSTRUCTURE
All that part of the bridge except the bridge substructure. 1-1.45 SURFACING
The uppermost layer of material placed on the traveled way, or shoulders. This term is used interchangeably with pavement.
1-1.46 TRAFFIC LANE
That portion of a traveled way for the movement of a single line of vehicles. 1-1.47 TRAVELED WAY
That portion of the roadway for the movement of vehicles, exclusive of shoulders. 1-1.48 WORK
All the work specified, indicated, shown, contemplated or inferable from the Contract

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-9
Documents to construct the improvement, including all alterations, amendments or extensions thereto made by Contract change order.
1-1.49 OWNER
The City of Vallejo, Water Department, acting either directly or through properly authorized agents, the agents acting within the scope of the particular duties delegated to them.

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-10

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-11

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 plans 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, the plans and Specifications, and the proposal and Contract forms therefor, 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 bid 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 proposal, plans, Specifications and the Contract.

Where the City of Vallejo has made investigations of site conditions, including subsurface conditions in areas where work is to be performed under the Contract, or in other areas, some of which may constitute possible local material sources, bidders and Contractor may, upon written request, inspect the records of the City of Vallejo as to those investigations subject to and upon the conditions hereinafter set forth. The investigations are made only for the purpose of study and design.

The records of investigations, project records, log of test borings, record of geotechnical data, investigation of subsurface conditions, “Materials Information,” cross-sections, contour maps, and any other investigations provided by City of Vallejo, are not a part of the Contract and are available solely for the convenience of the bidder or Contractor. It is expressly understood and agreed that the City of Vallejo assumes no responsibility whatsoever in respect to the sufficiency or accuracy of the above described documents or of the interpretations set forth therein or made by the City of Vallejo in its use thereof and there is no warranty or guaranty, either express or implied, as to the completeness or accuracy of the documents, that the conditions indicated by the documents are representative of those existing in or throughout those areas, or any part thereof, or that

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unlooked-for developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered.

The availability or use of information described in this section is not to be construed in any way as a waiver of the provisions of the first paragraph in this section and a bidder or Contractor shall make their own investigation and examination to be satisfied as to conditions to be encountered in the performance of the work.

No information derived from the inspection of investigations or compilation thereof made by the City of Vallejo or from the Engineer, or their consultants, will in any way relieve the bidder or Contractor from any risk or from properly fulfilling the terms of the Contract. 2-1.04 ADDENDUM
If discrepancies or apparent errors are found in the Contract Documents prior to the date of bid opening, bidders shall submit a written request for clarification to Water Director, 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 plans, Specifications, or other Contract Documents, or any interpretation thereof, during the bidding period will be made only by an addendum issued in writing by the City of Vallejo. A copy of each such addendum issued by the City of Vallejo will be electronically mailed, faxed 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.
2-1.054 (BLANK)
2-1.056 (BLANK)
2-1.06 (BLANK)
2-1.07 PROPOSAL GUARANTY
The proposal must be accompanied by cash, a bidder's bond, certified check, or cashier's check in an amount not less than ten percent (10%) of the amount bid. The bidder's bond must be signed in favor of the City of Vallejo, and the certified check or cashier's check must be made payable to the City of Vallejo.

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2-1.08 WITHDRAWAL OF PROPOSALS
Any bid may be withdrawn at any time prior to the date and time fixed for the opening of bids only by written request for the withdrawal of the bid filed at the location at which the bid was received by the City of Vallejo. The request shall be executed by the bidder or the bidder's duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed for the opening of bids. 2-1.09 PUBLIC OPENING OF PROPOSALS
Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2-1.095 RELIEF OF BIDDERS
Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in the bid presented, the Bidder shall give the City of Vallejo written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. 2-1.10 DISQUALIFICATION OF BIDDERS
More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which that individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the Bidders any or all proposals may be rejected. Proposals in which the prices appear unbalanced may be rejected.
2-1.105 (BLANK)
2-1.108 (BLANK)
2-1.11 (BLANK)
2-1.12 (BLANK)

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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 90 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 base bid and all alternates (if any). The City of Vallejo 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.
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

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the Contract. It is understood and agreed that the surety or sureties waive the right of special notification of any modifications or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by the City of Vallejo or its authorized agents under the terms of the Contract; and failure to so notify the surety companies of such changes shall in no way relieve the surety or sureties of their obligations under this Contract. The surety expressly waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. 3-1.03 EXECUTION OF CONTRACT
The Contract shall be signed by the successful bidder and returned, together with the Contract bonds, within 10 days after the bidder has received the Contract for execution. 3-1.04 FAILURE TO EXECUTE CONTRACT
The Contractor shall pay to the City of Vallejo such sums from said cash, bond, certified check, or cashier's check as necessary to 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 said cash, bond, certified check, or cashier's check shall not be deemed to constitute a penalty or liquidated damages.

The City of Vallejo shall not be precluded by such cash, bond, certified check, or cashier's check from recovering from the defaulting bidder damages in excess of the amount of said cash, bond, certified check, or cashier's check incurred as a result of the failure of the successful bidder to complete, sign and return in strict compliance with these Contract Documents, if requested to do so, Contractor's Qualification Questionnaire, or enter into a Contract.
3-1.05 RETURN OF PROPOSAL GUARANTIES
The proposal guaranties accompanying the proposals of the first, second and third lowest bidders will be retained until the Contract has been finally executed, after which those proposal guaranties, may be returned to the respective bidders whose proposals they accompany. The proposal guaranties, other than bidder's bonds, submitted by all other unsuccessful bidders will be returned upon determination, by the City of Vallejo, of the first, second and third lowest responsible Bidders.

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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 plans 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 plans 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 first 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

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Documents. In the event any RFI is answered or reasonably inferable from the Contract Documents, Contractor agrees to pay the City of Vallejo the reasonable cost, time and expenses associated with reviewing and responding to RFI's which are already answered or reasonably inferable from the Contract Documents. In the event of a disagreement over such compensation, the judgment of the Engineer shall be final. 4-1.02 FINAL CLEANING UP
Before final inspection of the work, the Contractor shall clean the project site, material sites and all ground occupied by the Contractor in connection with the work of all rubbish, excess materials, falsework, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and no separate payment will be made therefore.
4 -1.03 CHANGES
The City reserves the right without changing the scope of work, to make such alterations deviations, additions to or deletions from the plans 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 unit bid prices. The City also reserves the right without changing the scope of work, to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated. Such increases or decreases in quantities shall not be a basis for change in character of the work.

The City of Vallejo may request that Contractor provide City of Vallejo with estimated costs for proposed changes to the work. Contractor agrees to promptly provide City of Vallejo with detailed, itemized costs for proposed changes to the work and scheduling data demonstrating the impact, if any, of the proposed changes to the work and the time for completion. Adjustments, if any, in the amount to be paid the Contractor by reason of any modifications of the work as set forth in a Contract change order, Construction Change Directive, or arising from claims shall be determined by one or more of the following methods as elected by the City of Vallejo:

A. Lump Sum Price - By an acceptable lump sum price fixed in agreement between the City of Vallejo and the Contractor.

B. Unit Prices - By unit prices fixed by agreement between the City of Vallejo and the Contractor.

C. Force Account - By directing the Contractor to proceed with the work and to keep and present in such form as the City of Vallejo may direct, a correct account of the cost of the change, together with all vouchers therefor. The Contractor will be paid for labor, materials, equipment rental, etc. actually used on change order work performed under Force Account as per Section 9-1.03 of these specifications.

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The amount of payment agreed upon or, in the absence of agreement, selected by the City of Vallejo shall be set forth in the change order or construction change directive.

Upon receipt of a Contract change order authorized by the Engineer, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of an authorized Contract change order therefor. In those cases, the Engineer will, as soon as practicable, issue a Contract change order for the ordered work and the provisions in Section 4-1.03A, "Procedure and Protest," shall be fully applicable to the subsequently issued Contract change order.

When the compensation for an item of work is subject to adjustment under the provisions of this Section 4-1.03, the Contractor shall, upon request, furnish the Engineer with adequate detailed cost data for that item of work. If the Contractor requests an adjustment in compensation for an item of work, the cost data shall be submitted with the request. 4-1.03A PROCEDURE AND PROTEST
A Contract change order authorized by the Engineer may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in an authorized Contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the Contract change order. The protest shall state the points of disagreement, and the Contract specification references, quantities and costs involved. If a written protest is not submitted, payment will be made as set forth in the Contract change order, and Contractor agrees that payment shall constitute full compensation for all work included therein or required thereby. Unprotested Contract change orders will be considered as executed Contract change orders.

Where the protest concerning an authorized Contract change order relates to compensation, the compensation payable for all work specified or required by that Contract change order to which the protest relates will be determined as provided in Section 4-1.03D. The Contractor shall keep full and complete records of the cost of that work and shall permit the Engineer to have access thereto as may be necessary to assist in the determination of the compensation payable for that work.

Where the protest concerning an accepted Contract change order relates to the adjustment of Contract time for the completion of the work, the time to be allowed therefor will be determined as provided in Section 8-1.07, "Liquidated Damages." Proposed Contract change orders may be presented to the Contractor for consideration prior to authorization by the Engineer. If the Contractor signifies acceptance of the terms and conditions of the proposed Contract change order by executing the document and if 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.

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The Engineer may provide for an adjustment of compensation as to a Contract item of work included in a Contract change order determined as provided in Section 4-1.03D, if that item of work is eligible for an adjustment of compensation thereunder.

Change orders shall be in the form provided by City of Vallejo in the Contract Documents. 4-1.03B (NOT USED)
4-1.03C (NOT USED)
4-1.03D EXTRA WORK
New and unforeseen work will be classed as extra work when determined by the Engineer that the work is not covered by any of the various items for which there is a bid 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 plans or Specifications.

The Contractor shall do the extra work and furnish all labor, material and equipment therefor upon receipt of an accepted Contract change order or other written order of the Engineer, and in the absence of an accepted Contract change order or other written order of the Engineer the Contractor shall not be entitled to payment for the extra work.

Payment for extra work required to be performed pursuant to the provisions in this Section 4-1.03D, in the absence of an executed Contract change order, will be made by force account as provided in Section 9-1.03; or as agreed to by the Contractor and the Engineer.
4-1.04 DETOURS
The Contractor shall construct and remove detours and detour bridges for the use of public traffic as provided in the Contract Documents or as directed by the Engineer.

Payment for this work will be made as set forth in the Contract Documents or at the Contract prices for the items of work involved if the work being performed is covered by Contract items of work and no other method of payment therefor is provided in the special provisions, otherwise the work will be paid for as extra work as provided in Section 4-1.03D.

The cost of repairing damage to detours caused by public traffic will be paid for as extra work as provided in Section 4-1.03D.

When public traffic is routed through the work, provision for a passageway through construction operations will not be considered as detour construction or detour maintenance, and this work shall conform to and be paid for as provided in Section 7-1.08, "Public Convenience," unless otherwise specified in the Specifications..

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Detours used exclusively by the Contractor for hauling materials and equipment shall be constructed and maintained by the Contractor at the Contractor's expense.

The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until the detours are in satisfactory condition for use by public traffic.

Where the Contractor's hauling is causing such damage to the detour that its maintenance in a condition satisfactory for public traffic is made difficult or costly, the Engineer shall have authority to regulate the Contractor's hauling over the detour. 4-1.05 USE OF MATERIALS FOUND ON THE WORK
Unless designated as selected material as provided in these Specifications, the Contractor, with the acceptance of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excavation of those materials at the Contract price for the excavation, but the Contractor shall replace at the Contractor's expense with other suitable material all of that portion of the material so removed and used which was contemplated for use in the work, except that the Contractor need not replace, at the Contractor's expense, any material obtained from structure excavation used as structure backfill. No charge for materials so used will be made against the Contractor. The Contractor shall not excavate or remove any material from within the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer.

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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 plans 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 PLANS AND WORKING DRAWINGS
The Contract 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 plans shall be in writing.

The Contract plans shall be supplemented by such working drawings prepared by the Contractor as are necessary to adequately control the work. No change shall be made by the Contractor in any working drawing after it has been accepted by the Engineer.

Working drawings for any part of the permanent work shall include, but not be limited to stress sheets, anchor bolt layouts, shop details, erection plans, equipment lists and any other information specifically required elsewhere in the Specifications.

Working drawings for cribs, cofferdams, falsework, temporary support systems, haul bridges, centering and form work and for other temporary work and methods of construction the Contractor proposes to use, shall be submitted when required by the Contract Documents or ordered by the Engineer. Working drawings shall be subject to City of Vallejo review insofar as the details affect the character of the finished work and for compliance with design requirements applicable to the construction when specified or called for, but details of design will be left to the Contractor who shall be responsible for the successful construction of the work.

Working drawings shall be reviewed by the Engineer before any work involving the drawings is performed. It is expressly understood that review of the Contractor's working drawings shall not relieve the Contractor of any responsibility under the Contract for the successful completion of the work in conformity with the requirements of the plans and Specifications. Review of working drawings shall not operate to waive any of the requirements of the plans 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

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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 5 feet or more in depth shall not begin until the Contractor has prepared detailed plans for worker protection from the hazards of caving ground during the excavation of that trench.

The detailed plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation. No plan shall allow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health. If the plan complies with the shoring system standards established by the Construction Safety Orders, the plan shall be submitted at least 5 days before the Contractor intends to begin excavation for the trench. If the plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil Engineer in the State of California, and the plan and design calculations shall be submitted at least 3 weeks before the Contractor intends to begin excavation for the trench.
5-1.03 CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE

DEVIATIONS
Contractor’s work and materials shall strictly conform to the lines, grades, typical cross sections, dimensions and material requirements, including tolerances, required in the Contract Documents. Although measurement, sampling and testing may be considered evidence as to conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the plans 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 plans, Specifications, special provisions, Contract change orders and all supplementary documents are essential parts of the Contract, and a requirement occurring in one Contract Document is as binding as though occurring in all. They are intended to be complementary, and to describe and provide for a complete work.

In the event of a conflict between the project plans, Specifications and Standard Plans and Standard Specifications of the State of California, Business, Transportation and Housing Agency, Department of Transportation, 2024 edition, City of Vallejo Standard Specifications and Standard Plans, December 2011 edition, or Vallejo Flood and Wastewater District Engineering Standards, dated July 2020, the project plans, and Specifications shall control. Project plans shall govern over Standard Plans; Standard Plans and project plans shall govern over the Standard Specifications; and the specifications shall govern over both the Standard Specifications and the project plans.

The specific shall control over the general.

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Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contract Documents, the Contractor shall apply in writing to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Contract Documents, reference in writing shall be made to the Engineer, whose decision thereon shall be final.

In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings. 5-1.05A ORDER OF WORK
When required by the Contract Documents, the Contractor shall follow the sequence of operations as set forth therein.

Full compensation for conforming to those requirements will be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
5-1.05B HOURS OF WORK
Regular working hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays observed by the City. No work outside of the regular working hours shall be done unless previously requested by the Contractor in writing and approved by the Engineer in writing. Contractor is subject to reimbursing the City for the costs of providing inspection outside of regular working hours.

OFFICIAL CITY HOLIDAYS

HOLIDAY DATE
4 th of JULY July 4th
LABOR DAY The 1st Monday of September
INDIGENOUS PEOPLES’ DAY The Monday closest to October 12th VETERAN’S DAY November 11th
THANKSGIVING The 4th Thursday of November
FRIDAY AFTER THANKSGIVING The 4th Friday of November
CHRISTMAS DAY December 25th
NEW YEAR’S DAY January 1st
MARTIN LUTHER KING, JR. The Monday closest to January 17th PRESIDENT’S DAY The Monday closest to February 22nd
MEMORIAL DAY The last Monday of May
JUNETEENTH June 19th
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

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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 shall have the authority to represent and act for the Contractor.

The Superintendent shall be present at the site of the work at all times while work is actually in progress on the Contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.

Whenever the Contractor or the Contractor's Superintendent is not present on any particular part of the work where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the foreman or other individual who may have charge of the particular work in reference to which the orders are given.

Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing. 5-1.07 LINES AND GRADES
Stakes or marks for horizontal and vertical control will be set by the Contractor 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.

Stakes and marks set by the Contractor shall be carefully preserved by the Contractor.

In case the stakes and marks are destroyed or damaged, the Contractor shall replace the stakes and marks.
5-1.08 INSPECTION
The Engineer shall, at all times, have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Contract Documents. All work done and all materials furnished shall be subject to the Engineer's inspection.

Neither the inspection by an inspector, City of Vallejo, Engineer, nor any measurement, approved or unapproved modification, Submittals, shop drawing, order, or certificate, nor acceptance of any part or whole of the work, or payment of money, nor any possession or use by the City of Vallejo or its agents, shall operate as a waiver of any provisions of the Contract or of any power or authority reserved therein, or of any right to damages thereunder; nor shall the waiver of any breach of this Contract be held to be a waiver of any subsequent or other breach.

Projects financed in whole or in part with State or Federal funds shall be subject to inspection at all times by the State or Federal agency involved, or their authorized

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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 plans or established by the Engineer, or any extra work done without written authority will be considered as unauthorized work and will not be paid for. Upon order of the Engineer unauthorized work shall be remedied, removed or replaced at the Contractor's expense.

Upon failure of the Contractor to comply promptly with any order of the Engineer made under this Section 5-1.09, the City of Vallejo may cause rejected or unauthorized work to be remedied, removed or replaced, and to deduct the costs from any moneys due or to become due the Contractor.
5-1.10 EQUIPMENT AND PLANTS
Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the project.

Plants shall be designed and constructed in accordance with general practice for the equipment and shall be of sufficient capacity to ensure the production of sufficient material to carry the work to completion within the time limit.

The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer shall remove unsuitable equipment from the work and discontinue the operation of unsatisfactory plants.

The Contractor shall identify each piece of equipment, other than hand tools, by means of an identifying number plainly stenciled or stamped on the equipment at a conspicuous location, and shall furnish to the Engineer a list giving the description of each piece of equipment and its identifying number. In addition, the make, model number and empty gross mass of each unit of compacting equipment shall be plainly stamped or stenciled in a conspicuous place on the unit. The gross mass shall be either the manufacturer's rated mass or the scale weight, expressed in metric units {United States Standard Measures}.

The make, model, serial number and manufacturer's rated capacity in metric units {United States Standard Measures} for each scale shall be clearly stamped or stenciled on the load receiving element and its indicator or indicators. All meters shall be similarly identified, rated and marked. Upon request of the Engineer, the Contractor shall furnish a statement by the manufacturer, designating sectional and weighbridge capacities of portable vehicle scales.

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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.

The Contractor may request, in writing, permission from the Engineer to use equipment of a different size or type in place of the equipment specified.

The Engineer, before considering or granting the request, may require the Contractor to furnish, at the Contractor's expense, evidence satisfactory to the Engineer that the equipment proposed for use by the Contractor is capable of producing work equal to, or better than, that which can be produced by the equipment specified.

If permission is granted by the Engineer, it shall be understood that the permission is granted for the purpose of testing the quality of work actually produced by the equipment and is subject to continuous attainment of results which, in the opinion of the Engineer, are equal to, or better than, that which can be obtained with the equipment specified. The Engineer shall have the right to withdraw permission at any time that the Engineer determines that the alternative equipment is not producing work that is equal, in all respects, to that which can be produced by the equipment specified. Upon withdrawal of permission by the Engineer, the Contractor will be required to use the equipment originally specified and shall, in accordance with the directions of the Engineer, remove and dispose of or otherwise remedy, at the Contractor's expense, any defective or unsatisfactory work produced with the alternative equipment.

The Contractor shall not have any claim against the City of Vallejo for either the withholding or the granting of permission to use alternative equipment, or for the withdrawal of the permission.

Permission to use alternative equipment in place of equipment specified will only be granted where the equipment is new or improved and its use is deemed by the Engineer to be in furtherance of the purposes of this Section 5-1.11. The permission for use of particular equipment on any project shall in no way be considered as permission of the use of the equipment on any other project.

Nothing in this Section 5-1.11 shall relieve the Contractor of the responsibility for furnishing materials or producing finished work of the quality specified in the Contract Documents
5-1.12 ALTERNATIVE METHODS OF CONSTRUCTION
Whenever the plans 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

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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 of any work under the Contract, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the Engineer's determination whether or not an adjustment of the Contract is warranted.

No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. Contractor agrees that failure to provide written notice to Engineer as required herein, or failure to otherwise abide by this Section, shall be a waiver by Contractor of any claim, demand, compensation or adjustment in the Contract time or working days.

No Contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work.

Any Contract adjustment warranted due to differing site conditions will be made in conformance with the provisions in Section 4-1.03, "Changes," except as otherwise provided.
5-1.14 CHARACTER OF WORKERS
If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, they shall be discharged immediately on the request of the Engineer, and that person shall not again be employed on the work.
5-1.15 FINAL INSPECTION
When the work has been completed, the Engineer will make the final inspection.

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5-1.16 MEANS AND METHODS
City of Vallejo will not have control over, be in charge of, nor be responsible for construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the work, since these are solely Contractor's responsibility.

The City of Vallejo or adjacent property owner may perform other work adjacent to or within the project area, concurrent with the Contractor's operations. The Contractor shall cooperate fully with City of Vallejo in all operations which coincide with other work being performed, and provide City of Vallejo with such scheduling and other information as may be required by City of Vallejo to perform such other work. The Contractor shall conduct operations to minimize interference with the work of other forces or contractors performing such work. This work performed by a second contractor may include work which is incomplete or in dispute with the Contractor.

Any disputes or conflicts which may arise between the Contractor and any other forces or contractors retained by the City of Vallejo, causing delays or hindrance to each other, shall be referred to the Engineer for resolution.

The City of Vallejo shall have the right at any time during the progress of this work to take over and place in service any completed or partially completed portion of the work, notwithstanding the time for completion of the entire work or such portions which may not have expired; but such taking possession thereof shall not be deemed an acceptance of any of the work, nor work on those portions not completed in accordance with the Contract Documents.

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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 plans and Specifications.

Materials to be used in the work will be subject to inspection and tests by the Engineer or the Engineer's designated representative. The Contractor shall furnish without charge such samples as may be required.

The Contractor shall furnish the Engineer a list of the Contractor's sources of materials and the locations at which those materials will be available for inspection. The list shall be submitted on a form acceptable to the Engineer and shall be furnished to the Engineer in sufficient time to permit inspecting and testing of materials to be furnished to the listed sources in advance of their use. The Engineer may inspect, sample or test materials at the source of supply or other locations, but the inspection, sampling or testing will not be undertaken until the Engineer is assured by the Contractor of the cooperation and assistance of both the Contractor and the supplier of the material. The Contractor shall assure that the Engineer or the Engineer's authorized representative has free access at all times to the material to be inspected, sampled or tested. It is understood that the inspections and tests if made at any point other than the point of incorporation in the work in no way shall be considered as a guaranty of acceptance of the material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City of Vallejo shall not relieve the Contractor or the Contractor's suppliers of responsibility for quality control.

Manufacturers' warranties, guaranties, instruction sheets and parts lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the Contract.

Reports and records of inspections made and tests performed, when available at the site of the work, may be examined by the Contractor.

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6-1.02 CITY FURNISHED MATERIALS
Materials which are listed as City of Vallejo-furnished materials in the special provisions will be available to the Contractor free of charge.

The Contractor shall submit a written request to the Engineer for the delivery of City of Vallejo-furnished material at least 15 days in advance of the date of its intended use. The request shall state the quantity and the type of each material.

The City of Vallejo-furnished materials will be available to the Contractor free of charge will be designated in the special provisions. In those cases, the materials shall be hauled to the site of the work by the Contractor at the Contractor's expense, including any necessary loading and unloading that may be involved. All costs of handling and placing City of Vallejo-furnished material shall be considered as included in the price paid for the Contract item involving the City of Vallejo-furnished material.

The Contractor shall be responsible for all City of Vallejo-furnished materials furnished to the Contractor, and shall pay all demurrage and storage charges. City of Vallejo-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor at the Contractor's expense. The Contractor shall be liable to the City of Vallejo for the cost of replacing City of Vallejo-furnished material, and those costs may be deducted from any moneys due or to become due the Contractor. All City of Vallejo-furnished material that is not used on the work shall remain the property of the City of Vallejo and shall be delivered to the Engineer’s designated location at no cost to the City.
6-1.03 STORAGE OF MATERIALS
Articles or materials to be incorporated in the work shall be stored in such a manner as to ensure the preservation of their quality and fitness for the work, and to facilitate inspection.
6-1.04 DEFECTIVE MATERIALS
All materials which the Engineer has determined do not strictly conform to the requirements of the Contract Documents will be rejected whether in place or not. The rejected materials shall be removed immediately from the site of the work, unless otherwise permitted in writing by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work, unless authorization in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions in this section, the Engineer shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.

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

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accept the nonconforming work, materials, or equipment, Contractor agrees to sign a Contract Change Order or otherwise reimburse City of Vallejo in a sum equal to the cost to remedy the nonconforming work, materials, or equipment. It is expressly understood and agreed that the City of Vallejo will be entitled to recover from Contractor the full cost of remedying nonconforming work, materials, or equipment, and that diminution in value will not be considered as a method for valuing the City of Vallejo's damages for nonconforming work, materials, or equipment, and further that the doctrine of economic waste will not be a defense to the City of Vallejo's recovery from Contractor of the full and complete cost and expense of remedying nonconforming work, materials, or equipment.

Re-examination of any work may be ordered by the Engineer, and such work must be uncovered by the Contractor. The Contractor shall pay the entire cost of such uncovering, re-examination, and replacement if the work does not conform to the Contract Documents.
6-1.05 TRADE NAMES AND ALTERNATIVES
For convenience in designation on the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and the manufacturer's catalogue information. The use of an alternative article or material which is of equal or superior quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:

The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and the Contractor shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials, and the Engineer's decision shall be final.

Whenever the Contract Documents permit the substitution of a similar or equivalent material or article, no tests or action relating to the acceptance of the substitute material will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the material or article proposed.

Request for such substitution shall be made in writing by the Contractor within thirty (30) days of the Notice to Proceed. Failure by the Contractor to request substitution within thirty (30) days of the Notice to Proceed constitutes an agreement by Contractor to furnish only the materials or equipment listed in the Contract Documents. Until and unless such substitutions are authorized in writing by the Engineer, no deviations from the specifications shall be allowed.
6-1.06 PLANT INSPECTION
The Engineer may inspect the production of material or the manufacture of products at the source of supply.

Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer's authorized representative shall have free entry at all times to those parts of the plant as concerns the manufacture or production of the materials.

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Adequate facilities shall be furnished free of charge to make the necessary inspection.

The City of Vallejo assumes no obligation to inspect materials at the source of supply. 6-1.07 CERTIFICATES OF COMPLIANCE
A Certificate of Compliance shall be furnished prior to the use of any materials for which the Contract Documents require that a certificate be furnished. In addition, when so authorized in the Contract Documents, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract Documents. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.

Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection whether in place or not.

The City of Vallejo reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.
6-1.08 FOREIGN MATERIALS
Materials which are manufactured, produced or fabricated outside of the United States shall be delivered to a distribution point in California, unless otherwise required in the Contract Documents, where they shall be retained for a sufficient period of time to permit inspection, sampling and testing.

Attention is directed to the provisions in Section 8-1.07, "Liquidated Damages." The Contractor shall not be entitled to an extension of time for acts or events occurring outside of the United States, and it shall be the Contractor's responsibility to deliver materials obtained from outside of the United States to the point of entry into the continental United States in sufficient time to permit timely delivery to the job site.

The Contractor, at no cost to the City of Vallejo, shall supply the facilities and arrange for any testing required in California which the City of Vallejo is not equipped to perform. All testing by the Contractor shall be subject to witnessing by the Engineer.

The manufacturer, producer or fabricator of foreign material shall furnish to the Engineer a Certificate of Compliance in conformance with the provisions in Section 6-1.07, "Certificates of Compliance." In addition, certified mill test reports clearly identifiable to the lot of material shall be furnished where required in the Contract Documents or

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otherwise requested by the Engineer.

If the welding of steel for structural steel members or the casting and prestressing of precast, prestressed concrete members is to be performed outside of the United States, the following requirements shall apply:

A. The fabrication shall be performed only within the plants and by fabricators who have previously established, to the satisfaction of the Engineer, that they have the experience, knowledge, trained manpower, quality controls, equipment and other facilities required to produce the quality and quantity of work required. At the option of the Engineer, prequalification of the plant and fabricator will be established either by the submission of detailed written proof thereof or through in-plant inspection by the Engineer or the Engineer's representative, or both.

B. The Contractor shall make written application to the Engineer for acceptance for the foreign fabrication at the earliest possible time and in no case later than 50 days in advance of the planned start of fabrication. The application shall list the specific units or portion of a work which will be fabricated outside of the United States.

C. The Contractor shall advise the Engineer, in writing, at least 20 days in advance of the actual start of any of the foreign fabrication.

D. All documents pertaining to the Contract, including but not limited to, correspondence, bid documents, working drawings and data shall be written in the English language and all numerical data shall use the International System of Units (SI) {United States Standard Measures} for measurement.

The use of steel manufactured outside of the United States as unidentified stock material, as provided in Section 55-2.07, "Unidentified Stock Material," will not be allowed. 6-1.09 STATE SPECIFICATION NUMBERS
The State Specification number of material furnished on the Contract shall conform to the number specified in these Specifications or the special provisions for the material involved, except that material conforming to a later specification issue will be acceptable. 6-2 LOCAL MATERIALS
6-2.01 GENERAL
Local material is rock, sand, gravel, earth or other mineral material, other than local borrow or selected material, obtained or produced from sources in the vicinity of the work specifically for use on the project. Local material does not include materials obtained from established commercial sources.

Local materials shall be furnished by the Contractor from any source the Contractor may

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elect, except that when mandatory local material sources of certain materials are designated in the Contract Documents, the Contractor shall furnish material from those designated mandatory sources.

The Contractor shall be responsible for making all arrangements necessary to obtain materials from any local material source other than a mandatory local material source. If the Contractor elects to obtain materials from a possible local material source, subject to the provisions in Section 6-2.02, "Possible Local Material Sources," the Contractor shall comply with the requirements of that section. If the Contractor elects to obtain material from any other non-mandatory source, the Contractor shall furnish the Engineer with satisfactory evidence that the Contractor has entered into an agreement with the property owner for obtaining material from that source and with copies of any necessary permits, licenses and environmental clearances before removing any material from those sources.

The furnishing of local materials from any source is subject to the provisions in Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work," and in Section 6-2, "Local Materials."
Unless described in the Contract Documents as a mandatory local material source, or authorized in writing by the Engineer, material sources shall not be excavated at locations where the resulting scars will present an unsightly appearance from any highway. No payment will be made for material obtained in violation of this provision.

The Contractor shall, at the Contractor's expense, make any arrangements necessary for hauling over local public and private roads from any source.

When requested by the Contractor in writing, the City of Vallejo will test materials from any local material source, which has not been previously tested, at Contractor’s cost and expense.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in conforming to the provisions in this Section 6-2.01, for furnishing and producing materials from any source shall be considered as included in the price paid for the Contract item of work involving the material and no additional compensation will be allowed therefor.
6-2.02 POSSIBLE LOCAL MATERIAL SOURCES
Where the City of Vallejo has made arrangements with owners of land in the vicinity of a project for the obtaining of material from an owner's property, the arrangements are made solely for the purpose of providing all Bidders an equal opportunity to obtain material from that property. Bidders or Contractors may, upon written request, inspect the documents evidencing those arrangements between property owners and the City of Vallejo. The Contractor may, if the Contractor so elects, exercise any rights that have been obtained, which may be exercised by a Contractor under the arrangements, subject to and upon the conditions hereinafter set forth.

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Arrangements made by the City of Vallejo are not a part of the Contract, and it is expressly understood and agreed that the City of Vallejo assumes no responsibility to the Bidder or Contractor whatsoever in respect to the arrangements made with the property owner to obtain materials therefrom and that the Contractor shall assume all risks in connection with the use of the property, the terms upon which the use shall be made, and there is no warranty or guaranty, either express or implied, as to the quality or quantity of materials that can be obtained or produced from the property or the type or extent of processing that may be required in order to produce material conforming to the requirements of the Contract Documents.

In those instances in which the City of Vallejo has compiled "Materials Information" as referred to in Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work," the compilation may include the documents setting forth the arrangement made with some of the property owners for the obtaining of material from those owners' properties. The inclusion of these documents therein shall not in any respect operate as a waiver of any of the provisions in this Section 6-2.02 concerning the documents.

All necessary permits, licenses and environmental clearances needed to enable the Contractor to use a possible local material source for which the "Materials Information" compilation for the project does not include permits, licenses and environmental clearances issued to the City of Vallejo (whether or not the arrangement made by the City of Vallejo with the owner of the property is included in the compilation) shall be obtained by the Contractor, and copies thereof shall be furnished the Engineer before any material is removed from the source.

The Bidder and Contractor shall make such independent investigation and examination as the Contractor deems necessary to be satisfied as to the quality and quantity of materials available from the property, the type and extent of processing that may be required in order to produce material conforming to the requirements of the Contract Documents and the rights, duties and obligations acquired or undertaken under the arrangement with the property owner.

Notwithstanding that the Contractor may elect to obtain materials from any such property owner's property, no material may be obtained from the property unless the Contractor has first either:

A. Executed a document that will guarantee to hold the owner harmless from all claims for injury to persons or damage to property resulting from the Contractor's operations on the property owner's premises and also agree to conform to all other provisions set forth in the arrangement made between the City of Vallejo and the property owner, or
B. Entered into an agreement with the owner of the material source on any terms mutually agreeable to the owner and the Contractor, provided that the Contractor shall furnish to the Engineer a release, in a form satisfactory to the Engineer, executed by the owner, relieving the City of Vallejo of any and all obligations under the City of Vallejo's arrangement with the owner.

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If the Contractor elects to obtain material under (1), the use of the site shall be subject to the terms, conditions and limitations of the arrangement made between the property owner and the City of Vallejo, and the Contractor shall pay the charges as are provided for in the arrangement made by the City of Vallejo with the property owner. Deductions will be made from any moneys due or that may become due the Contractor under the Contract sufficient to cover the charges for the material removed.

If the Contractor elects to obtain material under (2), the Contractor shall pay the charges as are provided for in the agreement between the owner and the Contractor, and deductions will not be made from any moneys due or that may become due the Contractor under the Contract to cover the charges.

Before acceptance of the Contract, the Engineer may require the Contractor to submit written evidence that the owner of the material source is satisfied that the Contractor has satisfactorily complied with the provisions of either— (1), the arrangement between the City of Vallejo and the owner, or (2), the agreement between the owner and the Contractor, as the case may be.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and producing specified materials from possible local material sources, including the construction of any access roads or fences and any clearing, grubbing and stripping of material sources, and all processing of whatever nature and extent required, shall be considered as included in the price paid for the Contract item of work involving the material and no additional compensation will be allowed therefor.
6-2.03 MANDATORY LOCAL MATERIAL SOURCES
The Contractor shall perform all work required to obtain and produce acceptable materials from the mandatory local material sources designated in the Contract Documents and shall have no right to obtain the materials from any other source or sources. As part of the work in producing acceptable materials from the mandatory sources, it will be necessary for the Contractor to perform certain processing of the material as set forth in the Contract Documents. Any processing of the material required in addition to that specified in the Contract Documents which, in the opinion of the Engineer, is necessary to produce acceptable material from the mandatory sources will be paid for as extra work as provided in Section 4-1.03D.

If the Engineer determines that the designated mandatory local material source or sources are no longer to be used because they are exhausted or for other reasons, the Engineer will designate an alternative mandatory local material source or sources from which the Contractor shall obtain the balance of the material required.

In this case the City of Vallejo will pay the Contractor for the cost of moving the Contractor's plant to the new mandatory source and erecting the plant as extra work as provided in Section 4-1.03D. Construction of access roads, fences, clearing and grubbing or stripping of the new mandatory source, ordered by the Engineer to be performed, will be paid for as extra work as provided in Section 4-1.03D. The City of Vallejo will also

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allow or deduct, as the case may be, the increase or decrease in haul cost due to an increase or decrease in the length of haul involved. Increased haul costs will be paid for as extra work as provided in Section 4-1.03D, and deductions for decreased haul will be determined in the same manner. No allowance or additional compensation will be made for lost time or for delay in completing the work due to moving the Contractor's plant from the designated mandatory source to the alternative mandatory source, other than an extension of time pursuant to the provisions in Section 8-1.07, "Liquidated Damages." Any processing of the material required in addition to that specified in the special provisions for the originally designated mandatory source which, in the opinion of the Engineer, is necessary to produce acceptable material from the alternative mandatory source will be paid for as extra work as provided in Section 4-1.03D. The Contractor will be charged the same royalty as provided in the special provisions for the original designated mandatory local material source.

The Contractor shall, prior to entering a mandatory local material source or an alternative mandatory local material source, execute a document that will guarantee to hold the owner of the property harmless from all claims for injury to persons or damage to property resulting from the Contractor's operations on the property owner's premises. The document will be prepared by the Engineer for execution by the Contractor.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in obtaining and producing specified materials from mandatory sources, including the construction of any access roads or fences and any clearing, grubbing and stripping of mandatory local material sources, except as otherwise provided for in this Section 6-2.03, shall be considered as included in the price paid for the Contract item of work involving the material and no additional compensation will be allowed therefor.
6-3 TESTING
6-3.01 GENERAL
All materials incorporated in the project shall meet the requirements of tests specified in the Standard Specifications and other minimum requirements specified herein or in the Contract documents.

The Contractor shall furnish written laboratory reports from a reputable testing or inspection agency, or written certification from the manufacturer as to compliance with the Specifications as to the composition, durability and performance of the all materials used in the project. Certain specification sections may require special items or materials to be included in the submittal. Reference is made to the technical specifications Section D for specific instructions.

These reports on any material must be submitted to the Engineer in writing and approved by the Engineer before incorporating that material in the work. All materials shall be adequately identified by tags or other means as that material which has been tested and approved. Lack of proper identification shall be considered adequate cause for rejection of any material, which cannot be properly inspected on the job.

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The City reserves the right to make such additional inspections or tests as it may require prior to acceptance of any materials, and also reserves the right to reject any material previously approved because of serious defects or damage discovered subsequent to such acceptance. Any material rejected by the City shall immediately be removed from the job site, and no payment will be allowed therefor.

The Contractor shall bear the expense for all unsatisfactory tests and deductions will be made from any moneys due or to become due the Contractor, sufficient to cover the cost of the tests.

Unless otherwise specified, all tests shall be performed in accordance with the methods used by the City of Vallejo Water Department and shall be made by the Engineer or the Engineer's designated representative.

The State of California has developed methods for testing the quality of materials and work. These methods are identified by number and are referred to in the Specifications as California Test. Copies of individual California Tests are available at the Transportation Laboratory, Sacramento, California, and will be furnished to interested persons upon request.

Whenever the Specifications require compliance with specified values for the following properties, tests will be made by the California Test indicated unless otherwise specified:

Properties California Test
Relative Compaction 216 or 231
Sand Equivalent 217
Resistance (R-value) 301
Grading (Sieve Analysis) 202
Durability Index 229
Whenever a reference is made in the Specifications to a California Test by number, it shall mean the California Test in effect on the day the Notice to Contractors for the work is dated.

Whenever the Specifications provide an option between 2 or more tests, the Engineer will determine the test to be used.

Whenever a reference is made in the Specifications to a specification, manual or test designation either of the American Society for Testing and Materials, the American Association of State Highway and Transportation Officials, Federal Specifications or any other recognized national organization, and the number or other identification representing the year of adoption or latest revision is omitted, it shall mean the specification, manual or test designation in effect on the day the Notice to Contractors for the work is dated. Whenever the specification, manual or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of those

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reports, identified as to the lot of material, shall be furnished to the Engineer. The manufacturer's test reports shall supplement the inspection, sampling and testing provisions in Section 6, "Control of Materials," and shall not constitute a waiver of the City of Vallejo's right to inspect. When material which cannot be identified with specific test reports is proposed for use, the Engineer may, at the Engineer's discretion, select random samples from the lot for testing. Test specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced specification and furnished by the Contractor at the Contractor's expense. The number of the samples and test specimens shall be entirely at the discretion of the Engineer.

Unidentified metal products, such as sheet, plate and hardware shall be subject to the requirements of Section 55-2.07, "Unidentified Stock Material." When requested by the Engineer, the Contractor shall furnish, without charge, samples of all materials entering into the work, and no material shall be used prior to acceptance by the Engineer, except as provided in Section 6-1.07, "Certificates of Compliance." Samples of material from local sources shall be taken by or in the presence of the Engineer; otherwise, the samples will not be considered for testing. 6-3.02 TESTING BY CONTRACTOR
The Contractor shall be responsible for controlling the quality of the material entering the work and of the work performed, and shall perform testing as necessary to ensure control.

The test methods used for quality control testing shall be as determined by the Contractor.

The results of the testing shall be made available to the Engineer upon request. These tests are for the Contractor's use in controlling the work and will not be accepted for use as acceptance tests.

Full compensation for performing quality control tests and making the results available to the Engineer shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.

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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 and employees to observe and comply with all existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City of Vallejo, and all officers and employees thereof connected with the work, including but not limited to the Director and the Engineer, against any claim or liability arising from or based on the violation of any law, ordinance, regulation, order or decree, whether by the Contractor or the Contractor's employees. If any discrepancy or inconsistency is discovered in the Contract Documents for the work in relation to any law, ordinance, regulation, order or decree, each Bidder and the Contractor shall forthwith report the same to the Engineer in writing.
7-1.01A LABOR CODE REQUIREMENTS
Attention is directed to the following requirements of the Labor Code:
7-1.01A(1) HOURS OF LABOR
Eight hours labor constitutes a legal day's work. The Contractor or any subcontractor under the Contractor shall forfeit, as a penalty to the State of California, $25 for each worker employed in the execution of the Contract by the respective Contractor or subcontractor for each calendar day during which that worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the requirements of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of Contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay, as provided in Section 1815 thereof. 7-1.01A(2) PREVAILING WAGE
The Contractor and any subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the City of Vallejo or political subdivision on whose behalf the Contract is made or awarded a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements

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of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime Contractor of the project is not liable for the penalties described above unless the prime Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime Contractor fails to comply with all of the following requirements:

A. The Contract executed between the Contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.

B. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

C. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

D. Prior to making final payment to the subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.

Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages

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and if the City of Vallejo did not retain sufficient money under the Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the City of Vallejo. These moneys shall be retained by the City of Vallejo pending the final decision of an enforcement action.

Pursuant to the requirements in Section 1773 of the Labor Code, the City of Vallejo has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

General prevailing wage rates are also available from the California State Department of Industrial Relations' Internet Web Site at:
http://www.dir.ca.gov/OPRL/dprewagedetermination.htm
The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates. Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the Contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the Contract. The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.

Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.

Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to Contractors for the project.

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

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Contractor.
7-1.01A(2)(A) TRAVEL AND SUBSISTENCE PAYMENTS
Attention is directed to the requirements in Section 1773.8 of the Labor Code. The Contractor shall make travel and subsistence payments to each workman, needed to execute the work, in conformance with the requirements in Labor Code Section 1773.8.

Full compensation for conforming to the requirement of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.
7-1.01A(3) PAYROLL RECORDS
Attention is directed to the requirements in Labor Code Section 1776, a portion of which is quoted below. Regulations implementing Labor Code Section 1776 are located in Sections 16016 through 16019 and Sections 16207.10 through 16207.19 of Title 8, California Code of Regulations.

A. Each Contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

B. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.

2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the Contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.

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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.

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All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). Payrolls shall contain the full name, address and social security number of each employee, the employee's correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll on which that name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or the employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Contract. The "Statement of Compliance" shall be on forms furnished by the City of Vallejo or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.

If by the 15th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the City of Vallejo may retain an amount equal to 10 percent of the estimated value of the work performed (exclusive of Mobilization) during the month from the next monthly estimate, except that this retention shall not exceed $10,000 nor be less than $1,000.

Retentions for failure to submit satisfactory payrolls shall be additional to all other retentions provided for in the Contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.

The Contractor and each subcontractor shall preserve their payroll records for a period of 3 years from the date of completion of the Contract. 7-1.01A(4) LABOR NONDISCRIMINATION
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." Attention is directed to the following "Nondiscrimination Clause" that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.

NONDISCRIMINATION CLAUSE
“During the performance of this Contract, Contractor and its SUBCONTRACTORS shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and SUBCONTRACTORS shall ensure that the evaluation and treatment of their

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employees and applicants for employment are free of such discrimination.

Contractors and SUBCONTRACTORS shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its SUBCONTRACTORS shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.”
The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract. 7-1.01A(5) APPRENTICES
Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Code of Regulations Section 200 et seq. To ensure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each Contractor or subcontractor should, where some question exists, contact the Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, CA 94102, or one of its branch offices prior to commencement of work on the public works Contract. Responsibility for compliance with this section lies with the Contractor.

It is City of Vallejo policy to encourage the employment and training of apprentices on public works Contracts as may be permitted under local apprenticeship standards.

A. Only registered apprentices within a written agreement in an approved apprenticetraining program providing no less than 2,000 hours of continuous employment and education are eligible for employment on public works (in compliance with Labor Section 3077).

B. A contractor is no longer required to submit Form DAS-7, but must submit award information to the local applicable joint apprenticeship committee. The award information must include:
 an estimate of the journeyman hours;
 the number of apprentices to be employed; and
 the approximate dates of apprentice employment.

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

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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

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occupations within these sections.
7-1.01A(6) WORKERS' COMPENSATION
Pursuant to the requirements in Section 1860 of the Labor Code, the Contractor will be required to secure the payment of workers' compensation to the Contractor's employees in conformance with the requirements in Section 3700 of the Labor Code.

Prior to the commencement of work, the Contractor shall sign and file with the Engineer a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." This certification is incorporated in the Contract by reference, and signature and return of the Contract as provided in Section 3-1.03, "Execution of Contract," shall constitute signing and filing of the certificate.
7-1.01A(7) SUITS TO RECOVER PENALTIES AND FORFEITURES
Attention is directed to Sections 1730 to 1733, inclusive, of the Labor Code concerning suits to recover amounts withheld from payment for failure to comply with requirements of the Labor Code or Contract provisions based on those laws.

Those sections provide that a suit on the Contract for alleged breach thereof in not making the payment is the exclusive remedy of the Contractor or the Contractor's assignees with reference to amounts withheld for those penalties or forfeitures; and that the suit must be commenced and actual notice thereof received by the awarding authority prior to 90 days after completion of the Contract and the formal acceptance of the job. 7-1.01B FAIR LABOR STANDARDS ACT
The attention of Bidders is invited to the fact that the City of Vallejo has been advised by the Wage and Hour Division, U.S. Department of Labor, that Contractors engaged in highway construction work are required to meet the provisions of the Fair Labor Standards Act of 1938 and as amended (52 Stat. 1060).
7-1.01C CONTRACTOR'S LICENSING LAWS
Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code concerning the licensing of Contractors. Contractor shall be properly licensed at all times during the performance of the work and performance of the Contract.

All Bidders and Contractors shall be licensed in accordance with the laws of this State and any bidder or Contractor not so licensed is subject to the penalties imposed by those

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laws.

Attention is also directed to the requirements in Public Contract Code Section 10164. In all projects where Federal funds are involved, the Contractor shall be properly licensed at the time the Contract is awarded.
7-1.01D VEHICLE CODE
Pursuant to the authority contained in Vehicle Code Section 591, the City of Vallejo has determined that within those areas that are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code.

Attention is directed to the statement in Vehicle Code Section 591 that this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of the Contractor's equipment and the protection of the public from injury and damage from the Contractor's equipment.
7-1.01E TRENCH SAFETY
Attention is directed to the requirements in Section 6705 of the Labor Code concerning trench excavation safety plans.

The Contractor is warned that when the work involves existing sewers and appurtenances that have been exposed to sewage and industrial wastes, these facilities shall be considered contaminated with disease-causing organisms. Personnel in contact with contaminated facilities, debris, waste water, or similar items shall be advised by the Contractor of the necessary precautions that must be taken to avoid becoming diseased.

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.

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7-1.01F AIR POLLUTION CONTROL
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code.

Unless otherwise provided in the special provisions, material to be disposed of shall not be burned, either inside or outside the highway right of way. 7-1.01G WATER POLLUTION CONTROL
7-1.01G(1) GENERAL
The intent of these requirements is to enforce federal, state, and other local agency regulation prohibiting storm water pollution from construction sites. The storm drain system discharges directly to creeks and the San Francisco Bay without treatment.

Therefore, pollutant discharge into the storm drain system is strictly prohibited. Here pollutant discharge means any substance, material, or waste, and discharges NOT permitted under the National Pollutant Discharge Elimination System (NPDES) regulated by the State of California Regional Water Quality Control Board (RWQCB) or the United States Environmental Protection Agency (EPA) other than uncontaminated stormwater.

The Contractor shall conform to all applicable local, state and Federal regulations and laws pertaining to water pollution control. As applicable, the Contractor shall obtain Water Pollution Control Permits and file all documents including, but not limited to, the State of California Construction General Permit, Stormwater Pollution Prevention Plan. The Contractor shall conduct and schedule operations and follow and implement Best Management Practices (BMPs) in such a manner as to prevent water pollution. The Contractor shall also conform to the following requirements:
1) Sediments shall not be discharged to a storm drain system or receiving waters. In this subsection, the term "storm drain system" shall include storm water conduits, storm drain inlets and other storm drain structures, street gutters and paved surfaces. In this subsection “receiving waters” shall include channels, watercourses, creeks, lakes, the Mare Island Strait, the Carquinez Strait, and the San Francisco Bay.
2) Sediments generated on the Work site shall be contained within the Work site using appropriate BMPs.
3) No construction-related materials, waste, spill or residue shall be discharged from the Work site to streets, drainage facilities, receiving waters or adjacent property by wind or runoff.
4) Non-storm water runoff from equipment, vehicle washing or any other activity shall be contained within the Work site using appropriate BMPs.

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5) Erosion shall be prevented. Erosion-susceptible slopes shall be covered, planted or otherwise protected in a way that prevents discharge from the Work site.

In this subsection, the term “storm drain system” shall include water conduits, storm drain inlets and other storm drain structures, street gutters and paved surfaces, channels, watercourses, creek, lakes, the estuary, and the San Francisco Bay.

The Engineer will notify the Contractor of the acceptance or rejection of any submitted or revised water pollution control program.

The City of Vallejo will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised water pollution control program, nor for any delays to the work due to the Contractor's failure to submit an acceptable water pollution control program.

Nothing in the terms of the Contract Documents nor in the provisions in this Section 7

1.01G Water Pollution Control shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution. 7-1.01G(2) BEST MANAGEMENT PRACTICES (BMP)
For the purpose of eliminating stormwater pollution, the Contractor shall implement effective control measures known as Best Management Practices (BMPs). BMPs include schedules of activities, prohibition of practices, general good housekeeping practices, operational practices, pollution prevention practices, maintenance procedures, and other management procedures to prevent pollutant discharge directly or directly into the storm drain system. BMPs also include the construction of some facilities that may be required to prevent, control, and abate stormwater pollution.

The Contractor shall implement and maintain such BMPs as are relevant to the work, and as are specifically required by the project plans or Specifications. The Contractor shall be responsible throughout the Contract duration for installing, constructing, inspecting, maintaining, removing and disposing of BMPs for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and materials pollution control. Unless otherwise directed by the Engineer, the Contractor shall be responsible for BMP implementation and maintenance throughout any temporary suspension of the Work. Guidance for appropriate implementation of BMPs can be found in the 7-1.01G(5) Reference Publications, below.
7-1.01G(3) STORM WATER POLLUTION PREVENTION PLAN (SWPPP) When so specified in the Specifications, or if so required by a jurisdictional regulatory agency, the Contractor shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall conform to the requirements specified in the Specifications and those of the jurisdictional regulatory agency. The Notice of Intent will be filed by the City.

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-55
7-1.01G(4) DEWATERING
Dewatering shall be performed by the Contractor when specifically required by the project plans 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/wq o2012_0006_dwq.pdf

2. California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook. Available at: the following website:
www.casqa.org/resources/bmp-handbooks/construction

3. Erosion and Sediment Control Field Manual, San Francisco Regional Water Quality Control Board (SFRWQCB) Available from Friends of the San Francisco Estuary, 1515 Clay Street, Suite 1400, Oakland, CA 94612 (510) 622-2419 or (510) 622-2337. Available at: the following website:
www.abag.ca.gov/abag/overview/pub/erosion.html

4. Manual of Standards for Erosion and Sediment Control Measures. Association of Bay Area Governments (ABAG.) Available from ABAG, 101 8th Street, Oakland, CA 94607, (510) 464-7900. Available at: the following website:

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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 (VFWWD) 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

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Contractor shall filter the saw-cutting wastewater through filtering materials and methods meeting ABAG Standards for Erosion and Sedimentation Control Measures (latest edition) before discharging this wastewater to the storm drain. 7-1.01G(8) PAVEMENT OPERATIONS
The Contractor shall prevent the discharge of pollutants from paving operations by using measures to prevent run-on and runoff pollution, properly disposing of wastes, and by implementing the following Best Management Practices:
a. No paving during wet weather.
b. Store materials as required by 7-1.01G(6) Material Storage, c. Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, fog seal, etc.
d. Place drip pans or absorbent materials under paving equipment when not in use.

During wet weather store contaminated paving equipment indoors or cover with tarp or other waterproof covering.
e. Sweep work site daily to prevent sand, gravel or excess asphalt from entering, or being transported by rain, into the storm drain system. f. Keep ample supplies of drip pans or absorbent materials on-site. g. If paving involves Portland cement concrete, refer to 7-1.01G(6) Material Storage. 7-1.01G(9) CONCRETE OPERATIONS
The Contractor shall prevent pollutant discharge from concrete operations by using measures to prevent run-on and runoff pollution, by properly disposing of wastes, and by implementing the following BMPs:
a. Store all materials in waterproof containers or under cover away from drain inlets or drainage areas.
b. Avoid mixing excess amounts of Portland cement materials. c. Do not wash out concrete trucks into storm drains, open ditches, streets, streams etc. Whenever possible, perform washout of concrete trucks off site where discharge is controlled and not permitted to discharge to the storm drain system.

For on-site washout:
i. Locate washout area at least 50 feet from storm drains, open ditches or other water bodies, preferably in a dirt area. Prevent runoff from this area by constructing a temporary pit or bermed area large enough to store the

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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 VFWWD 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 VFWWD and the Engineer. 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.

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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 VFWWD and the Engineer.

The Contractor shall dispose of wash water from the cleaning of water-based paint equipment and tools to the sanitary sewer.

When using oil-based paint the Contractor shall, to the maximum extent practicable, filter the paint thinner and solvents for reuse. Any waste thinner, solvent, and sludge from the cleaning of equipment and tools shall be disposed as hazardous waste. 7-1.01G(13) CONTRACTOR TRAINING AND AWARENESS
The Contractor shall train all employees on the water pollution prevention requirements contained in these specifications. The Contractor shall inform all subcontractors of the water pollution prevention contract requirements and include appropriate subcontract provisions to ensure that these requirements are met.

The Contractor shall mark all new catch basins constructed as part of the project with storm drain markers with the logo "No Dumping: Drains to the Bay". Storm drain markers shall be approved by the Water Director.
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.

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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 VFWWD and the Engineer or recycle wash water. Refer to 7-1.01G(9) Concrete Operations. f. Inspect vehicles and equipment arriving on-site for leaking fluids and promptly repair leaking vehicles and equipment. Use drip pans to catch leaks until repairs are made.
g. Avoid spills by handling materials carefully. Keep a stockpile of spill materials, such as rags or absorbents, readily accessible on-site. Clean up all spills immediately to prevent any material from being discharged to the storm drain system. Refer to 7-1.01G(11) Spill Prevention and Control. h. Train employees regularly on good housekeeping practices and BMPs. Assign specific employees responsibility for BMPs, good housekeeping practices, and actions to take in the event of a spill. Refer to 7-1.01G(13) Contractor Training and Awareness.
i. Maintain and replace all sediment and water pollution control devices as necessary to ensure that said controls are working effectively (e.g. inspect all sediment ponds or sandbag sedimentation/filtering systems after each rain. Remove accumulated sediment and debris and replace or repair damaged sandbags immediately.) 7-1.01G(15) PAYMENT
Unless otherwise specified in the Specifications, payment for implementation and maintenance of BMPs, implementing SWPPP measures and other work of this section (including dewatering) shall be deemed included in the price paid for associated contract bid items, and no additional payment shall be made therefor. 7-1.01G(16) ENFORCEMENT
Various sections of the Vallejo Municipal 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

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listed in 7-1.01G(1) General, or implement equally effective alternatives approved by the Engineer on all projects within the City of Vallejo.
7-1.01H USE OF PESTICIDES
The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations, City of Vallejo Standard Specifications and all other agencies which govern the use of pesticides required in the performance of the work on the Contract.

Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants and repellents.

Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, rodents, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide.
7-1.01I SOUND CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the Contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without the muffler.

The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 7:00 a.m. shall not exceed 50 dBA and between the hours of 7:00 a.m. and 9:00 p.m. shall not exceed 80 dBA at a distance of 50 feet.

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
7-1.01J ASSIGNMENT OF ANTITRUST ACTIONS
The Contractor's attention is directed to the following requirements in Public Contract Code 7103.5 and Government Code Sections 4553 and 4554, which shall be applicable to the Contractor and the Contractor's subcontractors:

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"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 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

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operation of hauling equipment. Damage to curing seal or base shall be repaired promptly by the Contractor, at the Contractor's expense, as directed by the Engineer.

Within the limits of the project and subject to the control of the Engineer, and provided that the Contractor, at the Contractor's expense, shall provide such protective measures as are deemed necessary by the Engineer and shall repair any damage caused by the operations, the Contractor will be permitted to:

Make transverse crossings of those portions of an existing public road or street that are within the highway right of way, with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code.

Make transverse crossings of treated bases, surfacing or pavement which are under construction or which have been completed, with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code.

Cross bridge structures that are not open to public traffic and which are designed for HS20-44 Live Loading (culverts and pipes excluded), with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code, but not exceeding the load limitations hereinafter specified, provided that the Contractor furnishes to the Engineer the dimensions and maximum axle loadings of equipment proposed for use on bridge structures:

The maximum loading on bridge structures due to pneumatic-tired truck and trailer combinations shall not exceed (1) 28,000 pounds for single axles, (2) 48,000 pounds for tandem axles, nor (3) 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.

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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})
4 28,000
5 29,000
6 30,000
7 32,000
8 34,000
9 37,000
10 and over 40,000
Minimum axle spacing:

For 3-axle earthmovers
Axles 1 to 2 = 8 feet
Axles 2 to 3 = 20 feet
For 2-axle earthmovers
Axles 1 to 2 = 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 plans. If the conditions are not set forth on the plans, 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 130,000 pounds, per single axle or pair of axles less than 8 feet apart, or above 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 plans 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 plans, 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

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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 plans 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

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Contractor must obtain from local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of those statutes in obtaining the permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.

In the event that the City of Vallejo has obtained permits, licenses or other authorizations, applicable to the work, in conformance with the requirements in the Environmental Quality Act or any other authority, the Contractor shall comply with the provisions of those permits, licenses and other authorizations.
7-1.05 PATENTS
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work, and agrees to indemnify and save harmless the City of Vallejo, the Director, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes. 7-1.06 SAFETY AND HEALTH PROVISIONS
The Contractor shall conform to all applicable occupational safety and health standards, rules, regulations and orders established by the State of California.

Working areas utilized by the Contractor to perform work during the hours of darkness, shall be lighted to conform to the minimum illumination intensities established by California Division of Occupational Safety and Health Construction Safety Orders.

All lighting fixtures shall be mounted and directed in a manner precluding glare to approaching traffic.

Full compensation for conforming to the provisions in this section shall be considered as included in the Contract prices paid for the various items of work involved and no separate payment will be made therefor.
7-1.07 (BLANK)
7-1.08 PUBLIC CONVENIENCE
This Section 7-1.08 defines the Contractor's responsibility with regard to convenience of the public and public traffic in connection with the Contractor's operations.

Attention is directed to Section 4-1.04, "Detours," for provisions relating to the passage of traffic around the work over detours.

Attention is directed to Section 7-1.09, "Public Safety," for provisions relating to the Contractor's responsibility for the safety of the public. The provisions in Section 7-1.09 are in addition to the provisions in this Section 7-1.08, and the Contractor will not be relieved of the responsibilities as set forth in Section 7-1.09 by reason of conformance

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with any of the provisions in this Section 7-1.08.

Attention is directed to Section 12, "Construction Area Traffic Control Devices," for provisions concerning flagging and traffic-handling equipment and devices used in carrying out the provisions in this Section 7-1.08 and Section 7-1.09.

In the event of a suspension of the work, attention is directed to Section 8-1.05, "Temporary Suspension of Work."
The Contractor shall so conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public.

Unless otherwise provided in the special provisions, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Where possible, public traffic shall be routed on new or existing paved surfaces.

Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at the Contractor's expense.

Existing traffic signals and highway lighting shall be kept in operation for the benefit of the traveling public during progress of the work, and other forces will continue routine maintenance of existing systems.

Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.

Convenient access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When the abutting property owner's access across the right of way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.

The Contractor may be required to cover certain signs which regulate or direct public traffic to roadways that are not open to traffic. The Engineer will determine which signs shall be covered. Except as otherwise provided for construction area signs in Section 12, "Construction Area Traffic Control Devices," furnishing, installing and removing covers will be paid for as extra work as provided in Section 4-1.03D.

Roadway excavation and the construction of embankments shall be conducted in such a manner as to provide a reasonably smooth and even surface satisfactory for use by public traffic at all times; sufficient fill at culverts and bridges to permit traffic to cross shall be placed in advance of other grading operations; and if ordered by the Engineer roadway cuts shall be excavated in lifts and embankments constructed part width at a time, construction being alternated from one side to the other and traffic routed over the side opposite the one under construction. Culvert installation or culvert construction shall be conducted on but one-half the width of the traveled way at a time, and that portion of the

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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 various Contract items of work and no additional compensation will be allowed therefor.

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Contractor shall furnish, install and maintain all traffic warning and directional signs necessary to maintain the facility in a passable condition at all times. Traffic control shall meet the requirements of the latest State of California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. The contractor shall submit a Traffic Control Plan for review and acceptance by the Engineer at the preconstruction 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.

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."

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Signs, lights, flags, and other warning and safety devices and their use shall conform to the requirements set forth in the current Manual of Traffic Controls. Signs or other protective devices furnished and erected by the Contractor, at the Contractor's expense, as above provided, shall not obscure the visibility of, nor conflict in intent, meaning and function of either existing signs, lights and traffic control devices or any construction area signs and traffic control devices for which furnishing of, or payment for, is provided elsewhere in the Specifications. Signs furnished and erected by the Contractor, at the Contractor's expense, shall be approved by the Engineer as to size, wording and location.

The installation of general roadway illumination shall not relieve the Contractor of the responsibility for furnishing and maintaining any of the protective facilities herein before specified.

Construction equipment shall enter and leave the highway via existing ramps and crossovers and shall move in the direction of public traffic. All movements of workmen and construction equipment on or across lanes open to public traffic shall be performed in a manner that will not endanger public traffic.

The Contractor's trucks or other mobile equipment which leave a freeway lane, that is open to public traffic, to enter the construction area, shall slow down gradually in advance of the location of the turnoff to give following public traffic an opportunity to slow down.

When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

Lanes, ramps and shoulders shall be closed in accordance with the details shown on the plans, 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

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-71
passage of public traffic, and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic.

Temporary facilities which the Contractor uses to perform the work shall not be installed or placed where they will interfere with the free and safe passage of public traffic.

Temporary facilities which could be a hazard to public safety if improperly designed shall comply with design requirements specified in the Contract for those facilities or, if none are specified, with standard design criteria or codes appropriate for the facility involved.

Working drawings and design calculations for the temporary facilities shall be prepared and signed by an engineer who is registered as a Civil Engineer in the State of California and shall be submitted to the Engineer for review pursuant to Section 5-1.02, "Plans and Working Drawings." The submittals shall designate thereon the standard design criteria or codes used. Installation of the temporary facilities shall not start until the Engineer has reviewed and accepted the drawings.

Should the Contractor appear to be neglectful or negligent in furnishing warning devices and taking protective measures as above provided, the Engineer may direct attention to the existence of a hazard and the necessary warning devices shall be furnished and installed and protective measures taken by the Contractor at the Contractor's expense.

Should the Engineer point out the inadequacy of warning devices and protective measures, that action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate the obligation to furnish and pay for these devices and measures.

Provision for the payment for signs, lights, flares, temporary railing (Type K), barricades, and other facilities by extra work as provided in Section 7-1.08, "Public Convenience," or by Contract item as provided in Section 12, "Construction Area Traffic Control Devices," shall in nowise relieve the Contractor from the responsibility as provided in this Section 7-1.09.

Except as otherwise provided in this Section 7-1.09 or in the special provisions, full compensation for conforming to all of the provisions in this Section 7-1.09 shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.

The Contractor shall note that the work may be performed on or in the vicinity of private property. The Contractor shall, at all times, remove all litter, debris, and construction waste, minimize noise, dust, standing water, vibrations, hazardous conditions and provide safe access to these properties. The Contractor is prohibited from using any and all privately owned utilities. The Contractor's materials and equipment shall not be stored upon private property without written approval from the resident and/or owner.

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No separate payment shall be made for the above considerations. Full compensation for the above construction restrictions shall be considered as included in the price paid for the various items of work involved.
7-1.10 USE OF EXPLOSIVES
Explosives shall not be used unless explicitly required in the Contract documents.

When explosives are used, the Contractor shall exercise the utmost care not to endanger life or property.

In advance of doing any blasting work within 60 m {200 feet} of any railroad's tracks or structures, the Contractor shall notify the railroad of the location, date, time and approximate duration of the blasting operations.
7-1.11 PRESERVATION OF PROPERTY
Attention is directed to Section 7-1.12, "Indemnification and Insurance," and to Section 8-1.10, "Utility and Non-Highway Facilities." Due care shall be exercised to avoid injury to existing highway improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs and other plants that are not to be removed.

Roadside trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and water lines, all highway facilities and any other improvements or facilities within or adjacent to the highway shall be protected from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, accepted by the Engineer, to protect the objects from injury or damage. If the objects are injured or damaged by reason of the Contractor's operations, the objects shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications accompanying the Contract, if any of the objects are a part of the work being performed under the Contract. The Engineer may make or cause to be made those temporary repairs that are necessary to restore to service any damaged highway facility. The cost of the repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due to the Contractor under the Contract.

The fact that any underground facility is not shown upon the plans 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

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-73
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 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, 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, 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;
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;

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F. Failure of Contractor to comply with the provisions of the Contract Documents relating to insurance; and,
G. Any violation or infraction by Contractor of any law, order, citation, rule, regulation, standard, ordinance, or statute in any way relating to the occupational, health, or safety of employees.

The indemnities set forth in this section shall not be limited by the insurance requirements set forth in these Contract Documents.

Contractor's indemnification of City of Vallejo will not include indemnification for claims which arise as the result of the active negligence of City of Vallejo, or the sole negligence or willful misconduct of City, its agents, servants or independent contractors who are directly responsible to City, or for defects in design furnished by such persons. 7-1.12B INSURANCE
Insurance shall conform to the following requirements: The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her agents, representatives, employees or SUBCONTRACTORS. Such insurance shall not be construed to relieve the Contractor of any liability in excess of such coverage.

The cost of such insurance shall be included in the Contractor's bid.

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

1. Comprehensive General Liability Insurance Services.

2. Automobile Liability insurance.

3. Umbrella/Excess Liability insurance.

4. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

5. Pollution Liability Insurance.

B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence. $2,000,000 general aggregate for bodily injury, personal injury, and property damage including blanket contractual liability. $2,000,000 completed operations aggregate that shall extend a minimum of three (3) years’ beyond project completion.

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2. Automobile Liability: $1,000,000 per occurrence, including owned, non-owned and hired vehicles.

3. Umbrella/Excess Liability: $8,000,000; for bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages above, including commercial general liability and employer’s liability, to include the following terms and conditions:
a. A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
i. Pay on Behalf of Insured” wording (NOT reimbursement) ii. Concurrency of effective dates with primary policies; and iii. Policies shall follow form to the underlying primary policies.

4. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

5. Pollution Liability Insurance: $2,000,000 per claim and in the aggregate.

6. Contractor’s Professional Liability Insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor.

Contractor’s Professional Liability:

Each Claim: $2,000,000.

Annual Aggregate: $4,000,000.

C. Deductibles and Self Insured Retention
Any deductibles or self - insured retention must be declared to and accepted

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Section B: General Provisions for the Skyview Reservoir Replacement Project B-76
by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured retention as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions

1. General Liability and Automobile Liability Coverage
a. The City must be named an additional insured on the ACORD form and on an endorsement form using the following
language: “The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, including the insured's general supervision of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the
Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers and the Engineer, its officers, directors, employees and subconsultants.”
b. The endorsement must state that the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers and the Engineer, its officers, directors, employees and subconsultants shall be excess of the Contractor's insurance and shall not contribute with it. c Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers and the Engineer, its officers, directors, employees and subconsultants.
d. The Contractor's coverage applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

2. Workers' Compensation and Employers Liability Coverage a. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City and the Engineer, its officers, directors, employees and subconsultants.

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3. All Coverage
a. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City.
b. Each policy shall contain a cross-liability letter or severability of interest clause of endorsement.

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

F. Verification of Coverage
Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and accepted by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Include insurer’s NAIC numbers on ACCORD form.

G. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

I. Exclusions
This insurance does not cover tools owned by mechanics, any tools, equipment, scaffolding, staging, towers, and forms rented or owned by the Contractor, the capital value of which is not included in the cost of the work or any shanties or other structures erected for the sole convenience of the workers.

J. Cancellation or Non-Renewal
Policies must provide that notice of cancellation or non-renewal must be received by the City at least thirty days prior to such event.

K. Builder’s Risk [Armond to send]

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7-1.12B(4) ENFORCEMENT
The City of Vallejo may take any steps as are necessary to assure Contractor's compliance with its obligations. Should any insurance policy lapse or be canceled during the Contract period the Contractor shall, within thirty (30) days prior to the effective expiration or cancellation date, furnish the City of Vallejo with evidence of renewal or replacement of the policy. Failure to continuously maintain insurance coverage as herein provided is a material breach of Contract. In the event the Contractor fails to maintain any insurance coverage required, the City of Vallejo may, but is not required to, maintain this coverage and charge the expense to the Contractor or terminate Contractor’s control over the work. The required insurance shall be subject to the review and acceptance of City of Vallejo, but any acceptance of insurance certificates by the City of Vallejo shall in no way limit or relieve the Contractor of the Contractor's duties and responsibilities under the Contract to indemnify, defend and hold harmless the City of Vallejo, its officers, agents, and employees. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City of Vallejo from taking other actions as is available to it under any other provision of the Contract or law. Failure of the City of Vallejo to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at a later date.
7-1.12B(5) SELF-INSURANCE
Self-insurance programs and self-insured retentions in insurance policies are subject to separate annual review and acceptance by the City of Vallejo of evidence of the Contractor's financial capacity to respond. Additionally, self-insurance programs or retentions must provide the City of Vallejo with at least the same protection from liability and defense of suits as would be afforded by first-dollar insurance. 7-1.12B(6) MISCELLANEOUS
Nothing contained in the Contract is intended to make the public or any member thereof a third party beneficiary of the Insurance or Indemnity provisions of these Standard Specifications, nor is any term, condition or other provision of the Contract intended to establish a standard of care owed to the public or any member thereof. 7-1.125 LEGAL ACTIONS AGAINST THE CITY OF VALLEJO
In the event litigation is brought against the City of Vallejo concerning compliance by the City of Vallejo with State or Federal laws, rules or regulations applicable to public works construction, the provisions of this Section 7-1.125 shall apply.

A. If, pursuant to court order, the City of Vallejo prohibits the Contractor from performing all or any portion of the work, the delay will be considered a right of way delay within the meaning of Section 8-1.09, "Right of Way Delays," unless the Contract is terminated as hereinafter provided.

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Vallejo City CouncilFebruary 24, 2026

Vallejo City Council
February 24, 2026