Vallejo City Council
February 24, 2026

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B. If, pursuant to court order (other than an order to show cause) the City of Vallejo is prohibited from requiring the Contractor to perform all or any portion of the work, the City of Vallejo may, if it so elects, eliminate the enjoined work pursuant to Section 4-1.03, "Changes," or terminate the Contract.

C. If the final judgment in the action prohibits the City of Vallejo from requiring the Contractor to perform all or any portion of the work, the City of Vallejo will either eliminate the enjoined work pursuant to Section 4-1.03, "Changes," or terminate the Contract.

D. If the Contract is to be terminated, the termination and the determination of the total compensation payable to the Contractor shall be governed by the provisions in Section 8-1.11, "Termination of Contract."
7-1.13 DISPOSAL OF MATERIAL OUTSIDE THE PUBLIC RIGHT OF WAY If the Contractor elects to dispose of materials at locations other than those where arrangements have been made by the City of Vallejo, or, if material is to be disposed of and the City of Vallejo has not made arrangements for disposal of the material, the Contractor shall make arrangements for disposing of the materials outside the public right of way and shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and obtaining necessary permits, licenses and environmental clearances. Before disposing of any material outside the public right of way, the Contractor shall furnish to the Engineer satisfactory evidence that the Contractor has entered into agreements with the property owners of the site(s) involved and has obtained the appropriate permits, licenses and clearances.

When any material is to be disposed of outside the public right of way, and the City of Vallejo has not made arrangements for disposal of the material, the Contractor shall first obtain written authorization from the property owner on whose property the disposal is to be made and the Contractor shall file with the Engineer the authorization or a certified copy thereof together with a written release from the property owner absolving the City of Vallejo from any and all responsibility in connection with the disposal of material on the property. Before any material is disposed of on the property, the Contractor shall obtain written permission from the Engineer to dispose of the material at the location designated in the authorization.

When material is disposed of as above provided and the disposal location is visible from public view, the Contractor shall dispose of the material in a neat and uniform manner to the satisfaction of the Engineer.

Where the City of Vallejo has made arrangements with owners of land in the vicinity of a project for the disposal of materials on an owner's property, the arrangements are made solely for the purpose of providing all Bidders an equal opportunity to dispose of the materials on the property. Bidders or Contractors may, upon written request, inspect the documents evidencing the arrangements between property owners and the City of Vallejo. The Contractor may, if the Contractor so elects, exercise any rights that have been obtained, which may be exercised by a Contractor under the arrangements, subject

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to and upon the conditions hereinafter set forth.

Such arrangements are not a part of the Contract and it is expressly understood and agreed that the City of Vallejo assumes no responsibility to the Bidder or Contractor whatsoever in respect to the arrangements made with the property owner to dispose of materials thereon and that the Contractor shall assume all risks in connection with the use of the property, the terms upon which the use shall be made, and there is no warranty or guaranty, either express or implied, as to the quantity or types of materials that can be disposed of on the property, or that any material can be disposed of on the property.

In those instances in which the City of Vallejo has compiled "Materials Information" as referred to in Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work," the compilation will include the documents setting forth the arrangement made with some of the property owners for the disposal of material on those owners' properties.

The inclusion of the documents therein shall not in any respect operate as a waiver of any of the provisions in this Section 7-1.13 concerning the documents.

The Bidder or Contractor shall make such independent investigation and examination as the Bidder or Contractor deems necessary to be satisfied as to the quantity and types of materials which may be disposed of on the property (if any) and the rights, duties and obligations acquired or undertaken under the arrangement with the property owner.

Notwithstanding that the Contractor may elect to dispose of materials on any such property owner's property, no material may be disposed of on that property unless the Contractor has first either:

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

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

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

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Contractor under the Contract to cover the charges.

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

Full compensation for all costs involved in disposing of materials as specified in this Section 7-1.13, including all costs of hauling, shall be considered as included in the price paid for the Contract item of work involving the materials and no additional compensation will be allowed therefor.
7-1.14 COOPERATION
Should construction be under way by other forces or by other Contractors within or adjacent to the limits of the work specified or should work of any other nature be under way by other forces within or adjacent to those limits, the Contractor shall cooperate with all the other Contractors or other forces to the end that any delay or hindrance to their work will be avoided. The City reserves the right to perform, or to have performed, other or additional work at or near the site (including material sources) at any time, by the use of other forces, without changing the character of the work.

When 2 or more Contractors are employed on related or adjacent work, or obtain materials from the same material source, as provided in Section 6-2.02, "Possible Local Material Sources," or Section 6-2.03, "Mandatory Local Material Sources," each shall conduct their operations in such a manner as not to cause any unnecessary delay or hindrance to the other.

Each Contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by their operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion. 7-1.15 RELIEF FROM MAINTENANCE AND RESPONSIBILITY
Upon request of the Contractor, the Director, or the Director’s designated representative, may relieve the Contractor of the duty of maintaining and protecting certain portions of the work as described below, which have been completed in all respects in accordance with the requirements of the Contract and to the satisfaction of the Engineer, and thereafter except with the Contractor's consent, the Contractor will not be required to do further work thereon. In addition, the action by the Director will relieve the Contractor of responsibility for injury or damage to those completed portions of the work resulting from use by public traffic or from the action of the elements or from any other cause but not from injury or damage resulting from the Contractor's own operations or from the Contractor's negligence.

Portions of the work for which the Contractor may be relieved of the duty of maintenance and protection as provided in the above paragraph include, but are not limited to, the

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following:

A. The completion of 0.5-km {0.3-mile} of roadway or 0.5-km {0.3-mile} of one roadway of a divided highway or a frontage road including the traveled way, shoulders, drainage control facilities, planned roadway protection work, lighting and any required traffic control and access facilities.

B. A bridge or other structure of major importance.

C. A complete unit of a traffic control signal system or of a highway lighting system.

D. Non-highway facilities constructed for other agencies.

However, nothing in this Section 7-1.15 providing for relief from maintenance and responsibility will be construed as relieving the Contractor of full responsibility for making good any defective work or materials found at any time before the formal written acceptance of the entire Contract by the Director. Furthermore, nothing in this section shall obligate the Director to relieve the Contractor for responsibility for any portion of the work and the Director may refuse to relieve the Contractor from responsibility for any reason, at the Director’s (or his delegee’s) sole discretion. 7-1.16 CONTRACTOR'S RESPONSIBILITY FOR THE WORK AND MATERIALS The Contractor shall be completely responsible for the care and condition of the project improvements in their entirety until completion of the maintenance period and acceptance by the City. The Contractor shall provide all watchmen, guards, and security devices, as he/she deems necessary.

Until the acceptance of the Contract, the Contractor shall have the charge and care of the work and of the materials to be used therein (including materials for which the Contractor has received partial payment as provided in Section 9-1.06, "Partial Payments," or materials which have been furnished by the City of Vallejo) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work, except as provided in Sections 7-1.08, "Public Convenience," and 7-1.15, "Relief From Maintenance and Responsibility." The Contractor shall rebuild, repair, restore, and make good all injuries, losses or damages to any portion of the work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except as otherwise expressly provided in Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," and in Section 19-2.04, "Slides and Slipouts," and except for those injuries, losses, or damages that are directly and proximately caused by acts of the Federal Government or the public enemy. Where necessary to protect the work or materials from damage, the Contractor shall, at the Contractor's expense, provide suitable drainage of the roadway and erect those temporary structures that are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of the responsibility for the work and materials as herein specified. If ordered by the Engineer, the Contractor shall, at the Contractor's expense, properly store materials which have been partially paid for by the

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City of Vallejo or which have been furnished by the City of Vallejo. Storage by the Contractor shall be on behalf of the City of Vallejo and the City of Vallejo shall at all times be entitled to the possession of the materials, and the Contractor shall promptly return the materials to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored except on written authorization from the Engineer. 7-1.165 DAMAGE BY STORM, FLOOD, TSUNAMI OR EARTHQUAKE
Attention is directed to Section 7-1.16, "Contractor's Responsibility for the Work and Materials." In the event damage to the work is caused by a storm, flood, tsunami, earthquake or other natural disaster which constitutes an "Occurrence," as hereinafter defined, the provisions in this Section 7-1.165 shall be applicable, and the Contractor may apply in writing to the Engineer for the City of Vallejo to pay or participate in the cost of repairing damage to the work from that cause or, in lieu thereof, and at the sole discretion of the City of Vallejo, terminate the Contract and relieve the Contractor of further obligation to perform the work, subject to the following:

A. Occurrence - "Occurrence" shall include tsunamis, earthquakes in excess of a magnitude of 3.5 on the Richter Scale, and storms, floods and other natural disasters as to which the Governor has proclaimed a state of emergency when the damaged work is located within the territorial limits to which the proclamation is applicable or, which were, in the opinion of the Engineer, of a magnitude at the site of the work sufficient to have caused such a proclamation had they occurred in a populated area or in an area in which such a proclamation was not already in effect.

B. Application by Contractor - The Contractor's written request for the City of Vallejo to pay or to participate in the cost of rebuilding, repairing, restoring or otherwise remedying the damage to the work caused by the Occurrence shall be submitted to the Engineer before performing any work other than emergency work, including emergency work necessary to provide for passage of public traffic.

C. Protecting the Work from Damage - Nothing in this section shall be construed to relieve the Contractor of the responsibility to protect the work from damage. The Contractor shall bear the entire cost of repairing damage to the work caused by the Occurrence which the Engineer determines was due to the failure of the Contractor to comply with the requirements of the Contract Documents, take the best measures to protect the work or exercise the best engineering and construction practices in the conduct of the work, and those repair costs shall be excluded from consideration under the provisions of this section.

D. Repair Work - Repair of damaged work under the provisions of this section shall be pursuant to a Contract change order issued hereunder and specifying the repair work to be performed on the damaged facility. The repair work shall consist of restoring the in-place construction (for the purposes of this section erected falsework and formwork shall be considered in-place construction) to the same state of completion to which the work had advanced prior to the Occurrence.

Emergency work which the Engineer determines would have been part of the

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repair work if it had not previously been performed, will be considered to be part of the repair work.

The City of Vallejo reserves the right to make changes in the plans and Specifications applicable to the portions of the work to be repaired, and if those changes will increase the cost of repairing the damage over the Engineer's estimate of the cost of repair without the changes, the Contractor will be paid for the increased costs in accordance with Subsection E and the increased cost amount shall not be considered in determining the cost of repair to be borne by the Contractor under Subsection F.

Nothing in this section shall be construed to relieve the Contractor of full responsibility for the risk of injury, loss or damage to materials not yet incorporated in the work and to materials, tools and equipment (except erected falsework and formwork) used to perform the work, or to relieve the Contractor of responsibility under Section 7-1.12, "Indemnification and Insurance." The provisions of this section shall not be applicable to the repair of damage caused by an Occurrence to any portion of the work as to which the Contractor has been granted relief from maintenance and responsibility pursuant to Section 7-1.15, "Relief From Maintenance and Responsibility," or to the removal of slides and slipouts or the repair and restoration of damage to the work resulting from slides and slipouts pursuant to Section 19-2.04, "Slides and Slipouts." E. Determination of Costs - Unless otherwise agreed between the Engineer and the Contractor, the cost of the work performed pursuant to this Section 7-1.165 will be determined in conformance with the provisions in Section 9-1.03, "Force Account Payment," except there shall be no markup allowance pursuant to Section 9-1.03A, "Work Performed by Contractor," unless the Occurrence that caused the damage was a tsunami or earthquake. The cost of emergency work, which the Engineer determines would have been part of the repair work if it had not previously been performed, will be determined in the same manner as the authorized repair work. The cost of repairing damaged work which was not in compliance with the requirements of the plans and Specifications shall be borne solely by the Contractor, and those costs shall not be considered in determining the cost of repair under this Subsection E.

G. Termination of Contract - If the City of Vallejo elects to terminate the Contract, the termination and the determination of the total compensation payable to the Contractor shall be governed by the provisions of Section 8-1.11, "Termination of Contract."
7-1.17 ACCEPTANCE OF CONTRACT
When the Engineer has made the final inspection as provided in Section 5-1.13, "Final Inspection," and determines that the Contract work has been completed in all respects in accordance with the Contract Documents, the Engineer will recommend that the Director formally accept the Work as complete. Upon satisfactory completion of the Work and following the written acceptance of the Work as such by the Director or the Director’s designated representative, the Engineer shall recommend the acceptance of the Contract to the City Council. Upon acceptance of the Contract as complete by the City Council,

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the said Council shall cause a Notice of Completion to be filed and recorded in the records of the Solano County Recorder's Office.
7-1.18 PROPERTY RIGHTS IN MATERIALS
Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or soil or after partial payment has been made as provided in Section 9-1.06, "Partial Payments," for material delivered on the ground or stored subject to or under the control of the City of Vallejo and unused. All the material shall become the property of the City of Vallejo upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City of Vallejo and unused, as provided in Section 9-1.06.
7-1.19 RIGHTS IN LAND AND IMPROVEMENTS
Nothing in these Contract Documents shall be construed as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the limits of the Contract for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City of Vallejo and any owner, former owner, or tenant of the land, structure, or building.

The Contractor shall not occupy City of Vallejo-owned property outside the right of way as shown on the plans or maps, unless the Contractor enters into a rental agreement with the City of Vallejo. The agreement will be based on the fair rental values. 7-1.20 PERSONAL LIABILITY
Neither the Director, the Engineer nor any other officer or authorized employee of the City of Vallejo, nor any officer or employee of any county, city or district shall be personally responsible for any liability arising under or by virtue of the Contract. 7-1.21 REPAIR OF EQUIPMENT
The work of installing, assembling, repairing or reconditioning, or other work of any nature on machinery, equipment or tools used in or upon the work shall be considered a part of the work to be performed under the Contract and any laborers, workers or mechanics working on the machinery, equipment or tools, unless employed by bona fide commercial repair shops, garages, blacksmith shops or machine shops, which have been established and operating on a commercial basis for a period of at least 2 months prior to the award of the Contract, shall be subject to all the requirements relating to labor set forth in these Contract Documents.
7-1.22 MATERIAL PLANTS
The construction, erection and operation of material production, proportioning or mixing plants from which material is used wholly on the Contract or on Contracts with the City of Vallejo shall be considered a part of the work to be performed under the Contract and any

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laborers, workers or mechanics working on those plants shall be subject to all of the requirements relating to labor set forth in these Contract Documents.

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PROSECUTION AND PROGRESS
8-1.01 SUBCONTRACTING
The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the work under the Contractor's control.

No subcontractor will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor and the Contractor will be held responsible for their work, which shall be subject to the provisions of the Contract Documents.

The Contractor shall perform, with the Contractor's own organization, Contract work amounting to not less than 50 percent of the original total Contract price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any designated "Specialty Items" performed by subcontract may be deducted from the original total Contract price before computing the amount of work required to be performed by the Contractor with the Contractor's own organization. When items of work in the Engineer's Estimate are preceded by the letters (S) or (S-F), those items are designated as "Specialty Items." Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract item bid price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract item bid price, determined from information submitted by the Contractor, subject to acceptance by the Engineer.

Subcontracts shall include provisions that the Contract between the City of Vallejo and the Contractor is part of the subcontract, and that all terms and provisions of the Contract are incorporated in the subcontract. Subcontracts shall also contain certification by the subcontractor that the subcontractor is experienced in and qualified to do, and knowledgeable about, the subcontracted work. Copies of subcontracts shall be available to the Engineer upon written request, and shall be provided to the Engineer within three (3) days of the Engineer’s request.

Before work is started on a subcontract, the Contractor shall file with the Engineer a written statement showing the work to be subcontracted, the names of the subcontractors and the description of each portion of the work to be subcontracted.

Pursuant to the provisions of Section 6109 of the Public Contract Code, the Contractor shall not perform work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City of Vallejo, the subcontractor shall be removed immediately on the request of the Engineer and shall not again be employed on the work.

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The roadside production of materials produced by other than the Contractor's forces shall be considered as subcontracted. Roadside production of materials shall be construed to be production of aggregates of all kinds with portable, semi portable or temporary crushing or screening, proportioning and mixing plants established or reopened for the purpose of supplying aggregate or material for a particular project or projects. The erection, establishment or reopening of the plants and the operation thereof in the production of materials for use on the work shall conform to the requirements relating to labor set forth in these Specifications and in the special provisions.

When any portion of the work which has been subcontracted by the Contractor is not being prosecuted in a satisfactory manner, the subcontract for such work shall be terminated immediately by the Contractor upon written notice from the Engineer, and the subcontractor shall not again be employed on the type of work in which his or her performance was unsatisfactory.

In no case shall the use of subcontractors in any way alter the position of the Contractor or Contractor's sureties with relation to this Contract. When a subcontractor is used, the responsibility for every portion of the work shall still remain with the Contractor.

The Contractor shall pay, when due, all valid claims of subcontractors, suppliers, and workmen with respect to the project.

The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference being made herein merely for the purpose of explaining the specific duty or responsibility. 8-1.02 ASSIGNMENT
The performance of the Contract may not be assigned, except upon the written consent of the Director. Consent will not be given to any proposed assignment which would relieve the original Contractor or the Contractor's surety of their responsibilities under the Contract nor will the Director consent to any assignment of a part of the work under the Contract.

The Contractor may assign moneys due or to become due the Contractor under the Contract and the assignment will be recognized by the City of Vallejo, if given proper notice thereof, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set-offs in favor of the City of Vallejo and to all deductions provided for in the Contract and particularly all money withheld, whether assigned or not, shall be subject and subordinate to claims of the City of Vallejo. 8-1.03 BEGINNING OF WORK
The Contractor shall begin work within 10 calendar days after the first working day stated on the Notice to Proceed, and shall diligently prosecute the same to completion within the time limit provided in the Notice to Contractors.

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The Contractor shall notify the Engineer, in writing, of the Contractor's intent to begin work at least 72 hours before work is begun. The notice shall be delivered to the Engineer and shall specify the date the Contractor intends to start. If the project has more than one location of work, a separate notice shall be given for each location.

Should the Contractor begin work in advance of receiving written Notice to Proceed, any work performed by the Contractor in advance of the date of Notice to Proceed shall be considered as having been done by the Contractor at the Contractor's own risk and as a volunteer.

The Notice to Proceed shall constitute authority for the Contractor to enter upon the site of the work and to begin operations, upon condition that the Contractor has strictly complied with all requirements of these Contract Documents, including but not limited to, furnishing all required documentation and certificates of insurance. If Contractor has not provided City of Vallejo with all documents required by these Contract Documents as of the date of the Notice to Proceed, Contractor shall not be allowed on the site of the work or allowed to start work on the Project, notwithstanding the issuance of a Notice to Proceed.

When the Contractor has started work on the Project, the Contractor shall diligently prosecute the work to completion within the time limit provided in the Contract Documents.

The counting of working days shall begin on the date stated as the first working day on the Notice to Proceed, whether or not Contractor is allowed on the work site due to Contractor's failure to furnish City of Vallejo with all documentation required by these Contract Documents. In no event shall there be a period of time greater than thirty (30) days, from the time the Contract forms are first received by the Contractor and the commencement of the contract time, regardless of the receipt or lack thereof by City of Vallejo of all documents required by these Contract Documents. The Contractor shall, on commencing operations, take all precautions required for public safety and shall observe all the provisions in these Specifications and the special provisions. 8-1.04 (BLANK)
8-1.05 TEMPORARY SUSPENSION OF WORK
The Engineer shall have the authority to suspend the work wholly or in part, for any time period as the Engineer deems necessary, due to unsuitable weather, or to such other conditions considered unfavorable for the suitable prosecution of the work, or for any time period as the Engineer deems necessary due to the failure on the part of the Contractor to carry out orders given, or to perform any provision of the Contract, or for any other reason. The Contractor shall immediately comply with the written order of the Engineer to suspend the work wholly or in part. The suspended work shall be resumed when conditions are favorable and methods are corrected, as ordered or accepted in writing by the Engineer, or as directed by the Engineer.

In the event that a suspension of work is ordered as provided above, and should that

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suspension be ordered by reason of the failure of the Contractor to carry out orders or to perform any provision of the Contract; or by reason of weather conditions being unsuitable for performing any item or items of work, which work, in the sole opinion of the Engineer, could have been performed prior to the occurrence of the unsuitable weather conditions had the Contractor diligently prosecuted the work when weather conditions were suitable; the Contractor, at the Contractor's expense, shall do all the work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public traffic during the period of that suspension as provided in Sections 7-1.08, "Public Convenience," and 7-1.09, "Public Safety," and as specified in the special provisions for the work. In the event that the Contractor fails to perform the work above specified, the City of Vallejo will perform that work and the cost thereof will be deducted from moneys due or to become due the Contractor.

In the event that a suspension of work is ordered by the Engineer due to unsuitable weather conditions, and in the sole opinion of the Engineer, the Contractor has prosecuted the work with energy and diligence prior to the time that operations were suspended, the cost of providing a smooth and unobstructed passageway through the work will be paid for as extra work as provided in Section 4-1.03D or, at the option of the Engineer, that work will be performed by the City of Vallejo at no cost to the Contractor.

If the Engineer orders a suspension of all of the work or a portion of the work which is the current controlling operation or operations, due to unsuitable weather or to other conditions considered unfavorable to the suitable prosecution of the work, the days on which the suspension is in effect shall not be considered working days as defined in Section 8-1.06, "Time of Completion." If a portion of work at the time of the suspension is not a current controlling operation or operations, but subsequently does become the current controlling operation or operations, the determination of working days will be made on the basis of the then current controlling operation or operations.

If a suspension of work is ordered by the Engineer, due to the failure on the part of the Contractor to carry out orders given or to perform any provision of the Contract, the days on which the suspension order is in effect shall be considered working days if those days are working days within the meaning of the definition set forth in Section 8-1.06, "Time of Completion."
No Contract adjustment will be allowed under the provisions specified in this section to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any term or condition of this Contract.

Any Contract adjustment warranted due to suspension of work ordered by the Engineer will be made in the same manner as provided for right of way delays in Section 8-1.09, "Right of Way Delays."
In the event of a suspension of work under any of the conditions set forth in this Section 8-1.05, the suspension of work shall not relieve the Contractor of the responsibilities as set forth in Section 7, "Legal Relations and Responsibility."

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8-1.06 TIME OF COMPLETION
The Contractor shall complete all or any designated portion of the work called for under the Contract Documents in all parts and requirements within the time set forth in the Contract Documents.
8-1.07 LIQUIDATED DAMAGES
It is agreed by the parties to the Contract that in case all the work called for under the Contract in all parts and requirements is not completed within the number of calendar days as set forth in the Contract Documents, damage will be sustained by the City of Vallejo, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City of Vallejo will sustain in the event of and by reason of the delay; and it is therefore agreed that the Contractor will pay to the City of Vallejo, the sum set forth in the Contract Documents per day for each and every calendar day's delay in completing the work in excess of the number of working days prescribed; and the Contractor agrees to pay the liquidated damages herein provided for, and further agrees that the City of Vallejo may deduct the amount thereof from any moneys due or that may become due the Contractor under the Contract.

The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the Contract Documents for the completion of the work caused by acts of God or of the public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargoes, provided that the Contractor shall notify the Engineer in writing of the causes of delay within 3 days from the beginning of that delay.

The Engineer shall ascertain the facts and the extent of the delay, and the Engineer's findings thereon shall be final and conclusive.

No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that the Contractor has made every effort to obtain the materials from all known sources in a diligent and timely manner, and further proof in the form of supplementary progress schedules, as required in Section 8-1.04, "Progress Schedule," that the inability to obtain the materials when originally planned, did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of the Contractor's operations. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials.

Except for the additional compensation provided for in Section 8-1.09, "Right of Way Delays," the Contractor shall have no claim for damage or compensation for any delay or hindrance.

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It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this Section 8-1.08 TERMINATION OF CONTROL
Whenever, in the opinion of the City of Vallejo, the Contractor has failed to supply an adequate force of labor, equipment, or materials of proper quality, or has failed in any other respect to prosecute the work with the diligence specified in the Contract; or if Contractor should refuse or fail to comply with laws, ordinances, or directions of the Engineer; or if Contractor should fail to make prompt payments to subcontractors or for labor or materials; or otherwise be in breach of this Contract; the City of Vallejo may give written notice of at least five (5) calendar days to the Contractor and Contractor's sureties that if the defaults are not remedied within a time specified in such notice, the Contractor's control over the work will be terminated.

If the Contractor should be adjudged a bankrupt, or make an assignment for the benefit of Contractor's creditors, or if a receiver should be appointed on account of Contractor's insolvency, the City of Vallejo may declare the Contractor's control over the work terminated, and so notify the Contractor and Contractor's sureties.

Upon such termination, the City of Vallejo may take possession, and use all or any part, of the Contractor's materials, tools, equipment, and appliances upon the premises to complete the work; the City of Vallejo assuming responsibility for the final relinquishment of such equipment at the conclusion of the work, or sooner, at its option, in as good condition as when it was taken over, reasonable wear and tear excepted; and the City of Vallejo agrees to pay for such materials and the use of said equipment at a reasonable compensation.

Upon such termination or the City of Vallejo's declaration that the Contractor is in default, the City of Vallejo may direct the surety to complete, or cause to be completed, the Contract work, or the City of Vallejo may direct that all or any part of the work be completed by day labor, or by employment of other contractors on informal contracts, or both. If the City of Vallejo directs the surety to complete or cause to be completed, the Contract work, Contractor's performance bond surety agrees to immediately undertake to complete or cause to be completed, all Contract work. If surety fails or refuses to immediately complete or cause to be completed, all Contract work, surety agrees that damage will be sustained by the City of Vallejo, and that it is and will be impracticable to determine the actual amount of damage by reason of such acts; and the Contractor and surety agree that in addition to any other damages City of Vallejo may sustain and may be recovered pursuant to these Contract Documents, including but not limited to, other liquidated damages for delay, or actual damages, the sum of FIVE HUNDRED DOLLARS ($500.00) is a reasonable amount to be charged as liquidated damages for each day surety fails or refuses to complete or cause to be completed, all Contract work, and it is therefore agreed that the Contractor and surety will pay to the City of Vallejo this sum, for each and every calendar day surety fails or refuses to complete or cause to be completed, the Contract work; and the Contractor and surety further agree that the City

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of Vallejo may deduct and retain the amount thereof from any monies due the Contractor under the Contract.

If the Contractor's control over the work is terminated as provided above, the Contractor is not entitled to receive any portion of the amount to be paid under the Contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the City of Vallejo in finishing the work, plus all damages sustained, or to be sustained, by the City of Vallejo, plus any unpaid claims on account of labor, materials, tools, equipment, or supplies contracted for by the Contractor for the work herein contemplated, the excess not otherwise required by these Contract Documents to be retained shall be paid the Contractor. If the sum so expended exceeds the unpaid balance, the Contractor and Contractor's surety are liable to the City of Vallejo for the amount of such excess. If the surety completes the Contract work as provided above, such surety shall be subrogated to money due under the Contract, and to money which shall become due in the course of completion by the surety. However, Contractor and surety agree that any subrogation rights of surety are subordinate to and inferior to rights of City of Vallejo.

The City of Vallejo reserves the right to terminate the work for its convenience upon written notice to Contractor. In such event, the Contractor shall be paid its reasonable costs for that portion of the work performed to the date of termination, reasonable costs associated with demobilization, plus fifteen percent (15%) of all such costs for overhead and profit.
8-1.09 RIGHT OF WAY DELAYS
If, through the failure of the City of Vallejo to acquire or clear right of way, the Contractor sustains loss which could not have been avoided by the judicious handling of forces, equipment and plant, there shall be paid to the Contractor that amount that the Engineer may find to be a fair and reasonable compensation for that part of the Contractor's actual loss, that, in the opinion of the Engineer, was unavoidable, determined as follows:

Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a force account basis, as provided in Section 9-1.03A(3), "Equipment Rental," with the following exceptions:

A. The right of way delay factor for each classification of equipment shown in the State Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is a part of the Contract, will be applied to that equipment rental rate.

B. The time for which the compensation will be paid will be the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day.

C. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay, except

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that when rental of equipment is paid for under the provisions in Section 9-1.03A (3b), "Equipment not on the Work," no payment will be made for right of way delays in conformance with the provisions in this Section 8-1.09.

Actual loss shall be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment and cost of longer hauls. Compensation for idle time of equipment will be determined as provided in this Section 8-1.09 and compensation for idle time of workers will be determined as provided in Section 9-1.03A(1), "Labor," and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work as provided in Section 4-1.03D.

If performance of the Contractor's work is delayed as the result of the failure of the City of Vallejo to acquire or clear right of way, an extension of time determined pursuant to the provisions in Section 8-1.07, "Liquidated Damages," will be granted. 8-1.10 UTILITY AND NON-HIGHWAY FACILITIES
It is anticipated that some or all of the utility and other non-highway facilities, both above ground and below ground, that are required to be rearranged (as used herein, rearrangement includes installation, relocation, alteration or removal) as a part of the highway improvement will be rearranged in advance of construction operations. Where it is not anticipated that the rearrangement will be performed prior to construction, or where the rearrangement must be coordinated with the Contractor's construction operations, the existing facilities that are to be rearranged will be indicated on the plans or in the special provisions. Where a rearrangement is indicated on the plans or in the special provisions, the Contractor will have no liability for the costs of performing the work involved in the rearrangement.

The right is reserved to the City of Vallejo and the owners of facilities, or their authorized agents, to enter upon the highway right of way for the purpose of making those changes that are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in this work and shall conduct operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by the other forces.

Wherever necessary, the work of the Contractor shall be coordinated with the rearrangement of utility or other non-highway facilities, and the Contractor shall make arrangements with the owner of those facilities for the coordination of the work.

Attention is directed to the possible existence of underground facilities and utilities not indicated in the Contract Documents and to the possibility that utilities may be in a location different from that which is indicated in the Contract Documents. The Contractor shall ascertain the exact location of all utilities, the location of their service laterals or other appurtenances, and of existing service lateral or appurtenances of any other underground facilities prior to doing work.

If the Contractor cannot locate an underground facility or utility whose presence is indicated in the Contract Documents after a diligent search and investigation, the

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Contractor shall immediately so notify the Engineer in writing. If the facility for which the notice is given is in a substantially different location from that indicated on the plans or in the special provisions, the additional cost of locating the facility will be paid for as extra work as provided in Section 4-1.03D.

If the Contractor discovers utilities not indicated in the Contract Documents, the Contractor shall immediately give the Engineer and the Utility Company written notification of the existence of those facilities. The utilities shall be located and protected from damage as directed by the Engineer, and the cost of that work will be paid for as extra work as provided in Section 4-1.03D. The Contractor shall, if directed by the Engineer, repair any damage which may occur to the utilities. The cost of that repair work, not due to the failure of the Contractor to exercise reasonable care or to comply with the terms of the Contract Documents, will be paid for as extra work as provided in Section 4-1.03D. Damage due to the Contractor's failure to exercise reasonable care or comply with the Contract Documents shall be repaired at the Contractor's cost and expense.

Where it is determined by the Engineer that the rearrangement of an underground facility is essential in order to accommodate the highway improvement and the plans and Specifications do not provide that the facility is to be rearranged, the Engineer will provide for the rearrangement of the facility by other forces or the rearrangement shall be performed by the Contractor and will be paid for as extra work as provided in Section 4-1.03D.

When ordered by the Engineer in writing, the Contractor shall rearrange any utility or other non-highway facility necessary to be rearranged as a part of the highway improvement, and that work will be paid for as extra work as provided in Section 4-1.03D.

Should the Contractor desire to have any rearrangement made in any utility facility, or other improvement, for the Contractor's convenience in order to facilitate the Contractor's construction operations, which rearrangement is in addition to, or different from, the rearrangements indicated on the plans or in the special provisions, the Contractor shall make whatever arrangements are necessary with the owners of the utility or other non-highway facility for the rearrangement and bear all expenses in connection therewith.

The Contractor shall immediately notify the Engineer of any delays to the Contractor's operations as a direct result of underground main or trunk line facilities which were not indicated on the plans or in the special provisions or were located in a position substantially different from that indicated on the plans or in the special provisions, or as a direct result of utility or other non-highway facilities not being rearranged as herein provided (other than delays in connection with rearrangements made to facilitate the Contractor's construction operations or delays due to a strike or labor dispute). These delays will be considered right of way delays within the meaning of Section 8-1.09, "Right of Way Delays," and compensation for the delay will be determined in conformance with the provisions in Section 8-1.09. The Contractor shall be entitled to no other compensation for that delay.

Any delays to the Contractor's operations as a direct result of utility or other non-highway

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facilities not being rearranged as provided in this Section 8-1.10, due to a strike or labor dispute, will entitle the Contractor to an extension of time as provided in Section 8-1.07, "Liquidated Damages." The Contractor shall be entitled to no other compensation for that delay.
8-1.11 TERMINATION OF CONTRACT
The Contract may be terminated by the Director when termination is authorized by Section 7-1.125, "Legal Actions Against the City of Vallejo," Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," or by other provisions of the Contract which authorize termination. The City of Vallejo also reserves the right to terminate the Contract at any time upon a determination by the Director that termination of the Contract is in the best interest of the City of Vallejo.

If the Director elects to terminate the Contract, the termination of the Contract and the total compensation payable to the Contractor shall be governed by the following:

A. The Engineer will issue the Contractor a written notice signed by the Director, specifying that the Contract is to be terminated. Upon receipt of the written notice, the Contractor will be relieved of further responsibility for damage to the work (excluding materials) as specified in Section 7-1.16, "Contractor's Responsibility for the Work and Materials," and, except as otherwise directed in writing by the Engineer, the Contractor shall:

1. Stop all work under the Contract except that specifically directed to be completed prior to acceptance.

2. Perform work the Engineer deems necessary to secure the project for termination.

3. Remove equipment and plant from the site of the work.

4. Take action that is necessary to protect materials from damage.

5. Notify all subcontractors and suppliers that the Contract is being terminated and that their Contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.

6. Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the work and not yet used in the work, including its storage location, and such other information as the Engineer may request.

7. Dispose of materials not yet used in the work as directed by the Engineer.

It shall be the Contractor's responsibility to provide the City of Vallejo with good title to all materials purchased by the City of Vallejo hereunder, including materials for which partial payment has been made as provided in

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Section 9-1.06, "Partial Payments," and with bills of sale or other documents of title for those materials.

8. Subject to the prior written acceptance of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City of Vallejo all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder.

9. Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.

10. Take other actions directed by the Engineer.

B. Acceptance of the Contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows:

1. The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Section 9-1.06, "Partial Payments," and for materials furnished by the City of Vallejo for use in the work and unused shall terminate when the Engineer certifies that those materials have been stored in the manner and at the locations the Engineer has directed.

2. The Contractor's responsibility for damage to materials purchased by the City of Vallejo subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of those materials has been taken by the City of Vallejo.

When the Engineer determines that the Contractor has completed the work under the Contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Engineer will recommend that the Director formally accept the Contract.

C. Termination of the Contract shall not relieve the Contractor or surety of their obligation for any claims arising out of the work performed.

D. The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:

1. The reasonable cost to the Contractor, without profit, for all work performed under the Contract, including mobilization, demobilization and work done to

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secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. Deductions will also be made, when the Contract is terminated under the authority of Section 7-1.165, "Damage by Storm, Flood, Tsunami or Earthquake," for the cost of materials damaged by the "occurrence."
When, in the opinion of the Engineer, the cost of a Contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing that work in compliance with the requirements of the Contract Documents and the excessive actual cost shall be disallowed.

2. A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed 4 percent of the cost.

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

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

All records of the Contractor and the Contractor's subcontractors, necessary to determine compensation in conformance with the provisions in this Section 8-1.11, shall be open to inspection or audit by representatives of the City of Vallejo at all times after issuance of the notice that the Contract is to be terminated and for a period of 3 years, thereafter, and those records shall be retained for that period.

After acceptance of the work by the Director, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in conformance with the provisions in Section 9-1.07B, "Final Payment and Claims," when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled.

All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.

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MEASUREMENT AND PAYMENT
9-1.01 MEASUREMENT OF QUANTITIES
All work to be paid for at a Contract price per unit of measurement will be measured by the Engineer in accordance with the International System of Units (SI) {United States Standard Measures. A ton shall consist of 2,000 pounds avoirdupois}.

Unless shipped by rail, material paid for by mass shall be weighed on scales furnished by and at the expense of the Contractor or on other sealed scales regularly inspected by the Division of Measurement Standards or its designated representative.

Weighing, measuring and metering devices used to measure the quantity of materials used in the work shall be suitable for the purpose intended and shall conform to the tolerances and Specifications as outlined in Title 4, Chapter 9 of the California Code of Regulations, the provisions of the California Business and Professions Code, Division 5, and these Specifications. Devices not Type-approved by the Division of Measurement Standards shall be Type-approved in conformance with the requirements in California Test 109.

Elements of the material plant controller which affect the accuracy or delivery of data shall be made available for the application of security seals. These devices will be inspected and adjusting elements sealed prior to the first production of materials for the Contract.

The security seals will be furnished by the Engineer. Material production shall cease when alteration, disconnection or otherwise manipulation of the security seals occur, and production shall not resume until the device is inspected and resealed by the Engineer.

Weighing, measuring or metering devices used to determine the quantity of materials to be paid for will be considered to be "commercial devices" and shall be sealed by the Division of Measurement Standards or its authorized representative as often as the Engineer may deem necessary. The installation of all portable vehicle scales must be accepted by the Engineer prior to sealing.

Vehicle scales shall be of sufficient size to permit the entire vehicle or combination of vehicles to rest on the scale deck while being weighed. Combination vehicles may be weighed as separate units provided they are disconnected while being weighed. The maximum concentrated load shall not exceed the manufacturer's designed sectional capacity of the scale.

Weighing, measuring or metering devices required by these Specifications for the purpose of proportioning a material or product will be considered to be "non-commercial devices" and shall be tested and accepted in conformance with the requirements in California Test 109. This testing shall be done by one of the following, in the presence of the Engineer, as often as the Engineer deems necessary:

A. A County Sealer of Weights and Measures;

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B. A Scale Service Agency; or
C. A Division of Measurement Standards Official.

The Contractor shall notify the Engineer at least 24 hours in advance of testing the device.

Undersupports for scale bearing points shall be constructed of Portland cement concrete produced from commercial quality aggregates and cement, which contains not less than 275 kg of cement per cubic meter {463 pounds of cement per cubic yard}. Undersupports shall be constructed in a manner to prevent any shifting or tilting of the support and shall have a minimum height of 350 mm {14 inches} above ground line. The footings shall have a minimum depth of 150 mm {6 inches} below the ground line. The bearing surface of the footings shall have a minimum width of 760 mm {30 inches} and shall be of sufficient area so the pressure does not exceed 200 kPa {4,000 pounds per square foot}.

Adequate drainage shall be provided to prevent saturation of the ground under the scale.

Scale bulkheads shall be of adequate material and strength to resist displacement. If timber bulkheads are used, the minimum cross section shall be 200 mm x 200 mm {8 inches x 8 inches}. Wedges shall not be used to shim the supports. If shimming is necessary, the shimming shall be done by securely attached metal shims, or by grouting.

Shimming shall not exceed 75 mm {3 inches}. The approach ramps shall be level with the scale deck for a distance of not less than one-half the length of the scale deck. The mechanical indicating elements shall be installed level and plumb and shall be rigidly mounted upon a concrete foundation.

The lever system and mechanical indicating elements of hopper scales shall be rigidly attached to non-yielding supports in such a manner as to prevent any loss in weight due to bending and distortion of the supports.

When a multiple beam type scale is used in proportioning materials, an over and under indicator shall be provided which will give positive visible evidence of the amount of any over and under weight. The indicator shall be so designed that the indicator will operate during the addition of the last 90 kg {200 pounds} of any weighing. The over-travel of the indicator shall be at least one-third of the loading travel. Indicators shall be enclosed against moisture and dust.

Over and under dials, and other indicators for weighing and measuring systems used in proportioning materials shall be grouped so that the smallest increment for each indicator can be accurately read from the point at which the proportioning operation is controlled.

The Contractor shall bear the expense of all service fees for testing and approving of "non-commercial devices." The cost of the equipment, labor and materials furnished by the Contractor to assist in the testing of weighing, measuring or metering devices will be considered as included in the Contract prices paid for the various Contract items of work requiring the weighing, measuring or metering and no separate payment will be made therefor.

Whenever pay quantities of material are determined by weighing, the scales shall be

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operated by a weighmaster licensed in conformance with the requirements in the California Business and Professions Code, Division 5, Chapter 7. The Contractor shall furnish a Public weighmasters certificate or certified daily summary weigh sheets. A representative of the City of Vallejo may, at the discretion of the Engineer, be present to witness the weighing and to check and compile the daily record of the scale weights.

When required by the Engineer, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver that slip to the Engineer at the point of delivery of the material.

If material is shipped by rail, the car mass will be accepted provided that actual mass of material only will be paid for and not minimum car mass used for assessing freight tariff, and provided further that car mass will not be acceptable for material to be passed through mixing plants.

Vehicles used to haul material being paid for by mass shall be weighed empty daily and at additional times as the Engineer may direct. Each vehicle shall bear a plainly legible identification mark. Vehicles may from time to time be required by the Engineer to have the mass of the material to be paid for verified by weighing the empty and loaded vehicle on such other scales as the Engineer may designate.

Materials which are specified for measurement by volume, i.e. cubic yard, cubic foot, etc., shall be measured completed as-constructed. Whenever earthwork is to be measured by volume, it shall be measured “in-situ,” unless otherwise specified in the Contract documents. Materials "measured in the vehicle" shall be hauled in vehicles of such type and size that the actual contents may be readily and accurately determined. Unless all vehicles are of uniform capacity, each vehicle must bear a plainly legible identification mark indicating its water level capacity. Vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. Loads hauled in vehicles not meeting the above requirements or loads of a quantity less than the capacity of the vehicle, measured after being leveled off as above provided, will be subject to rejection, and no compensation will be allowed for that material.

When material is to be measured and paid for on a volume basis and it is impractical to determine the volume by the specified method of measurement, or when requested by the Contractor in writing and accepted by the Engineer in writing, the material will be weighed in accordance with the requirements specified for mass measurement and the mass will be converted to volume measurement for payment purposes. Factors for conversion from mass measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before that method of measurement of pay quantities will be adopted.

Quantities of material wasted or disposed of in a manner not called for under the Contract; or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the Contract; or material not unloaded from the transporting vehicle; or material placed outside of the lines indicated on the plans or established by the Engineer; or material remaining on hand after

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completion of the work will not be paid for, and those quantities will be deducted from the final total quantities. No compensation will be allowed for hauling and disposing of rejected material.

The mass of all aggregate or other roadway material which is to be paid for on a mass basis, except imported borrow, imported topsoil, straw, fiber, aggregate sub bases, aggregate bases or aggregate for cement treated bases, will be determined by deducting from the mass of material, the mass of water in the material at the time of weighing in excess of 3 percent of the dry mass of the material. When imported borrow, imported topsoil or aggregate subbase is being paid for on a mass basis, the mass to be paid for will be determined by deducting from the mass of the material, the mass of water in the material at the time of weighing in excess of 6 percent of the dry mass of the material.

When straw is being paid for on a mass basis, the mass to be paid for will be determined by deducting from the mass of straw, the mass of water in the straw at the time of weighing in excess of 15 percent of the dry mass of the straw. When fiber is being paid for on a mass basis, the mass of water in the fiber at the time of weighing shall not exceed 15 percent of the dry mass of the fiber. No deduction will be made for the mass of water in fiber. The percentage of water in the material shall be determined by California Test 226.

The mass of aggregate base and aggregate for cement treated bases which are to be paid for on a mass basis, will be determined as provided in Section 26, "Aggregate Bases," and Section 27, "Cement Treated Bases," respectively.

The mass of water deducted as provided in this Section 9-1.01 will not be paid for.

Full compensation for all expense involved in conforming to the requirements specified in this Section 9-1.01 shall be considered as included in the unit prices paid for the materials being measured or weighed and no additional compensation will be allowed therefor. 9-1.015 FINAL PAY ITEMS
When an item of work is designated as (F) or (S-F) in the BID SHEET, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions, except as otherwise provided for minor structures in Section 5.1-1.22, "Measurement." If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.

The estimated quantity for each item of work designated as (F) or (S-F) in the BID SHEET, shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.

In case of discrepancy between the quantity shown in the bid sheet for a final pay item

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and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the BID SHEET.

Under no circumstances will Contractor be entitled to payment for any final pay quantity that is greater than the unit quantity price for the final pay quantity item set forth in the proposal form.
9-1.02 SCOPE OF PAYMENT
The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work required under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the Director and for all risks of every description connected with the prosecution of the work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the work according to the Contract Documents.

No compensation will be made in any case for loss of anticipated profits. 9-1.03 FORCE ACCOUNT PAYMENT
When extra work is to be paid for on a force account basis, the labor, materials and equipment used in the performance of that work shall be subject to the review and acceptance of the Engineer and compensation will be determined as follows:
9-1.03A WORK PERFORMED BY CONTRACTOR
The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work determined as hereinafter provided in Sections 9-1.03A (1), "Labor," 9-1.03A (2), "Materials," and 9-1.03A(3), "Equipment Rental," except where agreement has been reached to pay in conformance with the provisions in Section 9-1.03B, "Work Performed by Special Forces or Other Special Services." To the total of the direct costs computed as provided in Sections 9-1.03A(1), "Labor," 9-1.03A(2), "Materials," and 9-1.03A(3), "Equipment Rental," there will be added a markup of 33 percent to the cost of labor, 15 percent to the cost of materials and 15 percent to the equipment rental.

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

When extra work to be paid for on a force account basis is performed by a subcontractor, approved in conformance with the provisions in Section 8-1.01, "Subcontracting," an

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additional markup of 5 percent will be added to the total cost of that extra work including all markups specified in this Section 9-1.03A. The additional 5 percent markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor. 9-1.03A(1) LABOR
The Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer), used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor, subcontractor or other forces, will be the sum of the following:
9-1.03A(1A) ACTUAL WAGES
The actual wages paid shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation and similar purposes. 9-1.03A(1B) LABOR SURCHARGE
To the actual wages, as defined in Section 9-1.03A(1a), will be added a labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished. The labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in Section 9-1.03A(1A) and subsistence and travel allowance as specified in Section 9-1.03A(1C). 9-1.03A(1C) SUBSISTENCE AND TRAVEL ALLOWANCE
The actual subsistence and travel allowance paid to the workers. 9-1.03A(2) MATERIALS
The City of Vallejo reserves the right to furnish any materials it deems advisable, and the Contractor shall have no claims for costs and markup on those materials.

Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of those materials will be the cost to the purchaser, whether Contractor, subcontractor or other forces, from the supplier thereof, except as the following are applicable:
9-1.03A(2A)
If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City of Vallejo notwithstanding the fact that the discount may not have been taken.

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9-1.03A(2B)
If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to the purchaser, the cost of those materials shall be deemed to be the price paid to the actual supplier as determined by the Engineer plus the actual costs, if any, incurred in the handling of the materials. 9-1.03A(2C)
If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of those materials shall not exceed the price paid by the purchaser for similar materials furnished from that source on Contract items or the current wholesale price for those materials delivered to the jobsite, whichever price is lower. 9-1.03A(2D)
If the cost of the materials is, in the opinion of the Engineer, excessive, then the cost of the material shall be deemed to be the lowest current wholesale price at which the materials were available in the quantities concerned delivered to the jobsite, less any discounts as provided in Section 9-1.03A(2a).
9-1.03A(2E)
If the Contractor does not furnish satisfactory evidence of the cost of the materials from the actual supplier thereof within 60 days after the date of delivery of the material or within 15 days after acceptance of the Contract, whichever occurs first, the City of Vallejo reserves the right to establish the cost of the materials at the lowest current wholesale prices at which the materials were available in the quantities concerned delivered to the location of the work, less any discounts as provided in Section 9-1.03A(2a). 9-1.03A(3) EQUIPMENT RENTAL
The Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, regardless of ownership and any rental or other agreement, if they may exist, for the use of that equipment entered into by the Contractor, except that for those pieces of equipment with a rental rate of $10.00 per hour or less as listed in the Labor Surcharge And Equipment Rental Rates publication and which are rented from a local equipment agency, other than Contractor owned, the Contractor will be paid at the hourly or daily rate shown on the rental agency invoice or agreement for the time used on force account work as provided in Section 9-1.03A(3a), "Equipment on the Work." If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor.

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

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shall only be paid for actual hours of usage as documented on daily extra work reports and the cost of mobilization to bring to the job site. The Engineer shall determine if equipment not on the job site is required to be mobilized to perform extra work.

If it is deemed necessary by the Engineer to use equipment not listed in the Labor Surcharge And Equipment Rental Rates publication, a suitable rental rate for that equipment will be established by the Engineer. The Contractor shall furnish all cost data which might assist the Engineer in the establishment of the rental rate. If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply.

The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals.

Operators of rented equipment will be paid for as provided in Section 9-1.03A(1), "Labor." All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used.

Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.

Individual pieces of equipment or tools not listed in the Labor Surcharge and Equipment Rental Rate publication and having a replacement value of $500 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor.

Rental time will not be allowed while equipment is inoperative due to breakdowns. 9-1.03A(3A) EQUIPMENT ON THE WORK
The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return the equipment to the original location or to another location requiring no more time than that required to return the equipment to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than the extra work.

The following shall be used in computing the rental time of equipment on the work:

A. When hourly rates are listed, less than 30 minutes of operation shall be considered to be 0.5-hour of operation.

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B. When daily rates are listed, less than 4 hours of operation shall be considered to be 0.5-day of operation.
9-1.03A(3B) EQUIPMENT NOT ON THE WORK
When extra work, other than work specifically designated as extra work in the plans and specifications, is to be paid for on a Force Account basis and the Engineer determines that such extra work requires the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the performance of the contract, the Engineer may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions:

A. The Engineer shall specifically approve the necessity for the use of particular equipment on such work.

B. The Contractor shall establish to the satisfaction of the Engineer that such equipment cannot be obtained from his/her normal equipment source or sources and those of his/her subcontractors.

C. The Contractor shall establish to the satisfaction of the Engineer that the proposed equipment rental rate for such equipment from his/her proposed source is reasonable and appropriate for the expected period of use.

D. The Engineer shall approve the equipment source and the equipment rental rate to be paid by the City of Vallejo before the Contractor begins work involving the use of said equipment.

For the use of equipment moved in on the work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, or determined as provided in Section 9-1.03A(3) and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:

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

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

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

D. The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each hour that the equipment is actually used at the

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site of the extra work, excluding Saturdays, Sundays and legal holidays unless the equipment is used to perform the extra work on those days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of the equipment. The rental time to be paid for equipment not on the work shall be the time the equipment is actually in operation on the extra work being performed and in accordance with the following:

The hours to be paid for equipment which is operated less than 8 hours due to breakdowns, shall not exceed 8 hours less the number of hours the equipment is inoperative due to breakdowns.

When hourly rates are listed, less than 30 minutes of operation shall be considered to be 0.5-hour of operation.

When daily rates are listed, less than 4 hours of operation shall be considered to be 4 hours of operation. No payment will be made if the equipment is not used. If the equipment is used more than 4 hours of operation, payment will be made for one day.

E. Should the Contractor desire the return of the equipment to a location other than its original location, the City of Vallejo will pay the cost of transportation in accordance with the above provisions, provided the payment shall not exceed the cost of moving the equipment to the work.

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

9-1.03A(3C) OWNER-OPERATED EQUIPMENT
When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:

C. Payment for the equipment will be made in conformance with the provisions in Section 9-1.03A(3), "Equipment Rental."
D. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workers operating similar equipment already on the project or, in the absence of other workers operating similar equipment, at the rates for that labor established by collective bargaining agreements for the type of workers and location of the work, whether or not the owner-operator is actually covered by an agreement. A labor surcharge will be added to the cost of labor described herein, in conformance with the provisions in Section 9-1.03A(lb), "Labor Surcharge."
E. To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided in Section 9-

1.03A, "Work Performed by Contractor."

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9-1.03A(3D) DUMP TRUCK RENTAL
Dump truck rental shall conform to the provisions in Sections 9-1.03A(3), "Equipment Rental," 9-1.03A(3a), "Equipment on the Work," and 9-1.03A(3b), "Equipment not on the Work," except as follows:

Fully maintained and operated rental dump trucks used in the performance of extra work paid for on a force account basis will be paid for at the same hourly rate paid by the Contractor for use of fully maintained and operated rental dump trucks in performing Contract item work.

In the absence of Contract item work requiring dump truck rental, the Engineer will establish an hourly rental rate to be paid. The Contractor shall provide the Engineer with complete information on the hourly rental rates available for rental of fully maintained and operated dump trucks.

The provisions in Section 9-1.03A(1), "Labor," shall not apply to operators of rented dump trucks.

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

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

The provisions in Section 9-1.03A(3c), "Owner-Operated Equipment," shall not apply to dump truck rentals.
9-1.03B WORK PERFORMED BY SPECIAL FORCES OR OTHER SPECIAL

SERVICES
When the Engineer and the Contractor, by agreement, determine that a special service or an item of extra work cannot be performed by the forces of the Contractor or those of any of the Contractor's subcontractors, that service or extra work item may be performed by a specialist.
9-1.03C RECORDS
The Contractor and all subcontractors shall maintain records in such a manner as to provide a clear distinction between the direct costs of extra work paid and the costs of other operations.

From the above records, the Contractor shall furnish the Engineer completed daily extra work reports, either on forms furnished by the City of Vallejo or on computerized facsimiles of the City of Vallejo's forms acceptable to the Engineer, for each day's extra

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work to be paid for on a force account basis. The daily extra work reports shall itemize the materials used, and shall state the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor or other forces, except for charges described in Section 9-1.03B, "Work Performed by Special Forces or Other Special Services." The daily extra work reports shall provide names, identifications, and classifications of all workers, the hourly rate of pay and hours worked, and also the size, type and identification number of equipment, and hours operated.

Material charges shall be substantiated by valid copies of vendor's invoices. The invoices shall be submitted with the daily extra work reports, or if not available, the invoices shall be submitted within 30 days after the submittal of the daily extra work report or 30 days after the date of delivery of the material, whichever occurs first. Contractor waives payment for material charges not substantiated by valid copies of vendor’s invoices submitted within the times provided.

Daily extra work reports shall be signed by the Contractor or the Contractor's authorized representative, and shall be submitted to the City on the day the work is performed, or within 24 hours if authorized by the Engineer. Daily extra work reports shall be signed by the designated representative of the City to acknowledge the labor hours, materials, and equipment used to perform the work. Signature by the City’s representative does not constitute approval for payment. All daily extra work reports are subject to review and approval by the Engineer for conformance to the Contract Documents prior to payment.

The City reserves the right to make adjustments to the amount to be paid for extra work based upon daily extra work reports at any time prior to project acceptance, even if payment has been made under a progress payment. Contractor waives payment for that portion of Force Account work in which a daily extra work report has not been signed by the City’s designated representative and/or submitted to the City within the time specified above.

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

The Contractor's and all subcontractors’ records pertaining to the Project shall be open to inspection or audit by representatives of the City of Vallejo, during the life of the Contract and for a period of not less than 3 years after the date of acceptance thereof, and the Contractor and all subcontractors shall retain those records for that period.

Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to ensure that the cost records of those other forces will be open to inspection and audit by representatives of the City of Vallejo on the same terms and conditions as the cost records of the Contractor.

If an audit is to be commenced more than 60 days after the acceptance date of the Contract, the Contractor will be given a reasonable notice of the time when the audit is to begin.

Section B: General Provisions for the Skyview Reservoir Replacement Project B-112
9-1.03D PAYMENT
Payment as provided in Sections 9-1.03A, "Work Performed by Contractor," and 9-1.03B, "Work Performed by Special Forces or Other Special Services," shall constitute full compensation to the Contractor for performance of work paid for on a force account basis and no additional compensation will be allowed therefor. The payment will be made in conformance with the provisions in Section 9-1.06, "Partial Payments." The Engineer's receipt of a proposed progress schedule and monthly updated progress schedules, all in strict compliance with these Contract Documents shall be conditions precedent to the Engineers acceptance of the Contractor's periodic pay requests and/or the City of Vallejo's obligation to pay Contractor.
9-1.04 (BLANK)
9-1.05 STOP NOTICES
The City of Vallejo, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 3179 et seq. of the Civil Code. In cases where the contractor chooses to Bond around the Stop Notice, the Bond shall be of a form approved by the City.
9-1.06 PARTIAL PAYMENTS
The City of Vallejo, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in the special provisions and are furnished and delivered by the Contractor on the ground and not used or are furnished and stored for use on the Contract, if the storage is within the City of Vallejo and the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored subject to or under the control of the City of Vallejo, to the time of the estimate, and the value thereof. The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than 5 calendar days, not including Saturdays, Sundays and legal holidays, prior to the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate.

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

Unless otherwise approved by the Engineer in writing, Contractor shall submit to Engineer on or before the tenth (10th) day of the month, an itemized application for payment for the cost of the work in permanent place, which has been completed in strict accordance with

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the Contract Documents as of the last day of the preceding month, less amounts previously paid. The application for payment shall be prepared in a form acceptable to Engineer, and shall contain itemized amounts in accordance with the Contract Documents. The applications for payment shall not include requests for payment on account of changes which have not been authorized by Change Orders, or for amounts Contractor does not intend to pay a subcontractor because of a dispute or other reason.

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

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

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

Defective work not remedied;
Third-party claims against Contractor or City of Vallejo arising from the acts or omissions of Contractor or subcontractors;
Stop notices;
Failure of Contractor to make timely payments due to subcontractors for material or labor; A reasonable doubt that the work can be completed for the balance of the Contract price then unpaid;
Damage to the City of Vallejo or others for which Contractor is responsible; Reasonable evidence that the work cannot be completed within the Contract time, and the unpaid balance of the Contract price would not be adequate to complete the work and cover City of Vallejo's damages for the anticipated delay; Failure of Contractor to maintain, update, and submit record documents; Failure of Contractor to submit schedules or their updates as required by the Contract Documents;

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Performance of the work by Contractor without properly processed shop drawings; Liquidated damages assessed;
Any other failure of Contractor to perform its obligations under the Contract Documents.

The Engineer will, within 7 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment or return the Application to Contractor indicating in writing the Engineer reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.

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

The availability of money in this fund, and City of Vallejo's ability to draw from this fund, are conditions precedent to City of Vallejo's obligation to make payments to Contractor.

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

Cost of the work in permanent place as of the end of the preceding month as set forth and approved on the certificate for payment; and
Less amounts previously paid.
9-1.065 PAYMENT OF WITHHELD FUNDS
Upon the Contractor's request, the City of Vallejo will make payment of funds withheld from progress payments to ensure performance of the Contract if the Contractor deposits in escrow with the City of Vallejo, or with a bank acceptable to the City of Vallejo, securities equivalent to the amount withheld. The Contractor shall be beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.

Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.

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

Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest and payments received by the escrow agent from the City of

Section B: General Provisions for the Skyview Reservoir Replacement Project B-115
Vallejo.

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

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

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

The Contractor shall obtain the written consent of the surety to the agreement. 9-1.07 PAYMENT AFTER ACCEPTANCE
After the work has been accepted in writing by the Director, as provided in Section 7-1.17, "Acceptance of Contract," payments will be made to the Contractor subject to the provisions in this Section 9-1.07.
9-1.07A PAYMENT PRIOR TO PROPOSED FINAL ESTIMATE
After acceptance of the work by the Director, the Engineer will make an estimate of the total amount of work done under the Contract and the City of Vallejo will make a final monthly payment pending issuance of the proposed final estimate. The City of Vallejo will pay the balance thereon found to be due after deduction of all previous payments, all amounts to be kept or retained under the provisions of the Contract and those further amounts that the Engineer determines to be necessary pending issuance of the proposed final estimate and payment thereon.
9-1.07B FINAL PAYMENT
After written acceptance of the Work as complete by the Director, or the Director’s designated representative, the Engineer will prepare and issue to the Contractor a

Section B: General Provisions for the Skyview Reservoir Replacement Project B-116
proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of the total amount, segregated as to Contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the Contract. All prior estimates and payments shall be subject to correction in the proposed final estimate.

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

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

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

If the Contractor within the specified period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City of Vallejo will pay the sum so found to be due. The semifinal estimate and payment thereon shall be conclusive and binding against the Contractor on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder.
9-1.07C CLAIMS
A. General. A “Claim” means a written demand or written assertion by Contractor to adjust, alter, modify, or otherwise change the Contract price or the Contract time, or both. All claims filed hereunder shall strictly comply with all requirements of the Contract Documents.

In order to qualify as a “Claim,” the written demand must state that it is a claim submitted under Section 9-1.07C of the Contract Documents. A letter, voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim under the Contract Documents. If such a request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements.

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A Claim must be stated with specificity, including identification of the event or occurrence giving rise to the Claim, the date of the event, and the asserted affect on the Contract price and the Contract time, if any. The Claim shall include adequate supporting data. Adequate supporting data for a Claim for an adjustment of the Contract time shall include scheduling data demonstrating the impact of the event on the controlling operation and completion of the Project. Adequate supporting data for a Claim for an adjustment in the Contract price shall include a detailed cost breakdown of items included within the Claim and documentation supporting each item of cost.

Notwithstanding and pending the resolution of any Claim, the Contractor shall diligently prosecute the disputed work to final completion of the work. Contractor shall impose the Claim notice and documentation requirements in this Contract on Contractor’s subcontractors of all tiers, and require them to submit to the Contractor all Claims against Contractor and/or City within the times and containing the documentation required by these provisions. The Claim notice and documentation procedure described in these provisions applies to all claims and disputes arising under the Contract Documents, whether or not specifically referred to in any specific portion of the Contract.

If additional information or details are required by the Engineer to determine the basis and amount of any Claims, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the fifteenth day after receipt of the written request from the Engineer.

If the fifteenth day falls on a Saturday, Sunday or legal holiday, then receipt of the information or details by the Engineer shall not be later than close of business of the next business day. Contractor understands and agrees that failure to submit the information and details to the Engineer within the time specified shall be result in Contractor waiving that Claim.

The Contractor and all subcontractors shall keep full and complete records of the costs and additional time incurred for any work for which a Claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Contractor agrees that failure to permit access to those records waives Contractor’s Claims.

The City of Vallejo, or its authorized representatives, shall have access, upon reasonable notice, during normal business hours, to Contractor and subcontractors' books, documents and accounting records, including but not limited to, bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data, accounting records, payroll records, time sheets, canceled checks, profit and loss statements, balance sheets, project correspondence including but not limited to all correspondence between Contractor and its sureties and subcontractors/vendors, project files, scheduling information, and other records of the Contractor and all subcontractors directly or indirectly pertinent to

Section B: General Provisions for the Skyview Reservoir Replacement Project B-118
the work, original as well as change and claimed extra work, to verify and evaluate the accuracy of cost and pricing data submitted with any change order, prospective or completed, or any claim for which additional compensation has been requested or claim has been tendered. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions, and photocopies at City of Vallejo's cost.

The parties agree that in the event Contractor or any subcontractor fails to comply with this section, it would be difficult for the City of Vallejo to determine its actual damages; therefore, Contractor agrees to pay City of Vallejo, as liquidated damages, the sum of Two hundred fifty dollars ($250.00), which Contractor agrees is reasonable under the circumstances, for each and every calendar day which Contractor or a subcontractor fails or refuses to provide the City of Vallejo, access to the materials specified in this section.

B. Disputes
Contract Interpretation Disputes: Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor shall give written notice to the City of Vallejo. The Contractor shall bear all costs incurred in the giving of such notice.

All issues regarding the interpretation of the plans or specifications shall be referred to the City for interpretation. The City shall have the right but not the obligation to affirm or disaffirm any interpretation of the plans or specifications, which affirmance or disaffirmance shall be final. If the Contractor should disagree with the City’s decision, the Contractor’s sole and exclusive remedy is to file a Claim in accordance with these provisions.

Work Disputes: Should any dispute arise under the Contract Documents respecting the true value of any work performed, the implementation of the Work required by the Contract Documents, any Work omitted, any extra work which the Contractor may be required to perform or time extensions, respecting the size of any payment to the Contractor during the performance of the Contract Documents, or of compliance with Contract Documents procedures, the dispute shall be decided by the City of Vallejo and its decision shall be final and conclusive. If the Contractor disagrees with the City’s decision, the Contractor’s sole and exclusive remedy is to file a claim in accordance with these provisions.

C. Delays. As used herein, the following terms shall have the following meanings:
"Excusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time caused by conditions beyond the control and without the fault or negligence of the Contractor such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions in which the work cannot continue. The

Section B: General Provisions for the Skyview Reservoir Replacement Project B-119
financial inability of the Contractor or any subcontractor and default of any subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. An Excusable Delay may entitle the Contractor to an adjustment in the Contract time.
"Compensable Delay" means any delay of the completion of the work beyond the expiration date of the Contract time caused by the gross negligence or willful acts of the City of Vallejo, and which delay is unreasonable under the circumstances involved, and not within the contemplation of the parties. A Compensable Delay may entitle the Contractor to an extension of the Contract time and/or Contract price. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. "Unexcusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time resulting from causes other than those listed above.

An Unexcusable Delay shall not entitle the Contractor to an extension of the Contract time or an adjustment of the Contract price.

The Contractor may make a Claim for an extension of the Contract time, for an Excusable Delay or a Compensable Delay, subject to the following:

1. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract time shall be the number of days from the commencement of the first delay to the cessation of the delay which ends last.

2. If an Unexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract time shall be the number of days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Unexcusable Delay.

3. If an Unexcusable Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension in the Contract time shall be the number of days, if any, by which the number of days determined pursuant to Subparagraph (a) exceeds the number of days of the Unexcusable Delay.

4. For a Compensable Delay, the Contractor shall only be entitled to an adjustment in the Contract price in an amount equal to the actual additional labor costs, material costs, and unavoidable equipment costs incurred by the Contractor as a result of the Compensable Delay, plus the actual additional wages or salaries and fringe benefits and payroll taxes of supervisory and administrative personnel necessary and directly employed at the Project site for the supervision of the work during the period of Compensable Delay. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. There shall be no Compensable Delay unless the event or occurrence giving rise to the Compensable Delay extends the actual

Section B: General Provisions for the Skyview Reservoir Replacement Project B-120
completion of the Project past the Contract time.

The parties agree that the City of Vallejo's exercise of its right to order changes in the work, regardless of the extent and number of changes, or to suspend the work, is within the contemplation of the parties and shall not be the basis for any Claim for Compensable Delay. The rights of the Contractor to adjustments of the Contract time and the Contract sum, based on changes ordered in the work or suspension of the work, shall be governed by this provision.

Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, Contractor shall not cause any delay, cessation, or termination in or of Contractor's performance of the work, but shall diligently proceed with performance of the work in accordance with the Contract Documents.

Contractor agrees that the daily Contractor Delay Damages as set forth in the Proposal Form shall be full compensation to Contractor, all subcontractors and anyone for whom they may be legally responsible, for each day of delay that may be caused by City of Vallejo or anyone for whom City of Vallejo is legally responsible, including but not limited to, extended field costs, extended home overhead costs, impact, inefficiency, unabsorbed home office overhead, underabsorbed home office overhead, hindrance, disruption or any other damage arising from delay, no matter how characterized and regardless of the cause, extent or duration of the delay. Inclusion of Contractor Delay Damages within the Proposal Form is solely for the purpose of determining the low bidder and establishing the City of Vallejo’s maximum daily liability as a result of City of Vallejo delays to Contractor, if any, and City of Vallejo has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City of Vallejo becomes liable to Contractor for compensable delays, City of Vallejo agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.

D. Claim Procedures. Should any clarification, determination, action or inaction by the City, Work, or any event, in the opinion of the Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in the Contractor seeking additional compensation in time or money for any reason (collectively “Disputed Work”), then the Contractor and the City shall make good faith attempts to resolve informally any and all such issues and/or disputes. The Contractor must file a written Notice of Potential Claim with the City on the form provided in the Contract Documents before commencing the Disputed Work, or within seven (7) calendar days after Contractor’s first knowledge of the Disputed Work, whichever is earlier, stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written Notice of Potential Claim is not filed within this time period, or if the Contractor proceeds with the Disputed Work without first having filed the notice required by these provisions, the Contractor shall waive any rights to further claim on the specific issue.

Section B: General Provisions for the Skyview Reservoir Replacement Project B-121
The City will review the Contractor’s timely Notice of Potential Claim and provide a decision. The City may require supplemental information from the Contractor to clarify that contained in the Notice of Potential Claim. If, after receiving the City’s decision, the Contractor disagrees with the decision, the Contractor shall so notify the City, in writing, within seven (7) calendar days after receiving the decision, that a formal Claim will be filed. The Contractor shall submit the Claim in the form specified herein and all arguments, justification, costs or estimates, schedule analyses, and detailed documentation supporting the Contractor’s position within thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim. The Contractor’s failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar days will result in the Contractor waiving all rights to the subject Claim.

If Disputed Work persists longer than thirty (30) calendar days after receiving the City’s decision on the Notice of Potential Claim, then the Contractor shall, every thirty (30) calendar days until the Disputed Work ceases, submit to the City a document titled “Claim Update” which shall update and quantify all elements of the Claim as completely as possible. The Contractor’s failure to submit a Claim Update or to quantify all costs and impacts every thirty (30) days shall result waiver of that portion of the Claim for that thirty (30) day period. Claims or Claim Updates stating that damages will be determined at a later date shall not comply with the requirements of these provisions and shall result in the Contractor waiving such Claim(s) and/or Claim Updates.

All Claims must be submitted to Engineer before the issuance of the final estimate.

Contractor hereby expressly waives all Claims not submitted, in complete and proper form, on or before the date of issuance of the final estimate.

Upon receipt of the Contractor’s formal Claim including all arguments, justifications, costs or estimates, schedule analyses, and documentation supporting the Contractor’s position as previously stipulated, the City or its designate will review the Claim and render a final determination. If the Contractor’s Claims at project completion total less than $375,000, then claims resolution shall proceed in the manner prescribed by Article 1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Code.

Claims shall be calculated in the same manner as extra work using the procedures set forth in Section 9-1.03 “Force Account Payment.” This method applies in all cases of Claims, regardless of type, whether in negotiation, arbitration, litigation, and even applies in the event of fault, negligence, strict liability, or tort claims of all kinds, including strict liability or negligence. No other costs arising out of or connected to with the performance of Claims, of any nature, may be recovered by the Contractor. Except where provided by law, or elsewhere in these Contract Documents (if applicable), the City shall not be liable for special or consequential damages, and Claims shall not include special or consequential damages.

Contractor shall be limited in its recovery on Claims to the calculations set forth in Section 9-1.03 of these provisions.

Section B: General Provisions for the Skyview Reservoir Replacement Project B-122
E. Claim Format. The Contractor shall submit the Claim justification in the following format:

1. Cover letter and certification of the accuracy of the contents of the Claim;

2. Summary of Claim including underlying facts, entitlement, quantum calculations and Contract Document provisions supporting relief;

3. List of documents relating to Claim including plans, specifications, clarifications/requests for information, schedules and others;

4. Chronology of events and correspondence;

5. Analysis of Claim merit;

6. Analysis of Claim costs;

7. Attached supporting documents referenced in Item 3.) above.

F. Exclusive Remedy. The Contractors performance of its duties and obligations specified in these provisions and submission of a Claim as provided in these provisions is the Contractor’s sole and exclusive remedy for the payment of money, extension of time, adjustment or interpretation of Contract Documents terms or other contractual or tort relief arising from the Contract Documents. This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout the Contract Documents) apply notwithstanding the completion, termination, suspension, cancellation, breach or rescission of the Work or the Contract Documents, negligence or strict liability by the City of Vallejo, its representatives, consultants or agents, or the transfer of the Work or the Project to the City for any reason whatsoever. The Contractor waives all claims of waiver, estoppel, release, bar, or any other type of excuse for non-compliance with the Claim submission requirements. Compliance with the notice and Claim submission procedures described in these provisions is a condition precedent to the right to commence litigation, file a Government Code Claim, or commence any other legal action. No Claim or issues not raised in a timely protest and timely Claim submitted under these provisions may be asserted in any Government Code Claim, subsequent litigation, or legal action. The City of Vallejo shall not have deemed to waive any provision under this Section, if at the City’s sole discretion, a Claim is accepted in a manner not in accord with this Section.

G. Mediation. All Claims not subject to the Claim resolution procedures set forth in these provisions shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non-binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected by the American Arbitrator Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following

Section B: General Provisions for the Skyview Reservoir Replacement Project B-123
the mediation’s conclusion. All unresolved claims shall be submitted to the same mediator. The cost of mediation shall be equally shared. 9-1.075 FALSE CLAIMS
California Penal Code section 72, provides that any person who presents for payment with intent to defraud any district board or officer, any false or fraudulent claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,000.00) and/or imprisonment in the state prison.

Government Code sections 12650, et seq., pertains to civil penalties that may be recovered from persons (including corporations, etc.) for presenting a false claim for payment or approval, presents a false record or statement to get a false claim paid or approved, or other acts, to any officer or employee of any political subdivision of the State of California. Any person or corporation violating the provisions of Government Code sections 12650, et seq., shall be liable for three times the amount of the damages of the political subdivision, plus a civil penalty, plus costs.

All Claims by Contractor, shall include the following certification, properly completed and executed by Contractor or an officer of Contractor:

I, __________________, BEING THE _________________ (MUST BE AN OFFICER) OF _____________________ (CONTRACTOR), DECLARE UNDER PENALTY OF

PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE THOROUGHLY REVIEWED

THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION AND/OR EXTENSION

OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ, PERTAINING TO

FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMISSION OR

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

Contractor agrees that submission of a Claim, in strict conformance with all of the requirements of this Contract, and rejection of all or part of said Claim by City of Vallejo, is a condition precedent to any action by Contractor against City of Vallejo, including but not limited to, the submission of a claim pursuant to Government Code section 900, et seq., and the filing of a lawsuit.

Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant provided by Contractor with the claim.

Contractor agrees that any costs or expenses incurred by the City of Vallejo in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records, or the Contract, shall be deemed to be damages incurred by the City of Vallejo

Section B: General Provisions for the Skyview Reservoir Replacement Project B-124
within the meaning of the California False Claims Act.

Upon final determination of the claims, the Engineer will then make and issue the Engineer's final estimate in writing and within 30 days thereafter the City of Vallejo will pay the entire sum, if any, found due thereon. That final estimate shall be conclusive and binding against Contractor on all questions relating to the amount of work done and the compensation payable therefor.
9-1.08 (BLANK)
9-1.09 CLERICAL ERRORS
Notwithstanding the provisions in Section 9-1.07, "Payment After Acceptance," for a period of 3 years after acceptance of the work, all estimates and payments made pursuant to Section 9-1.07, including the final estimate and payment, shall be subject to correction and adjustment for clerical errors in the calculations involved in the determination of quantities and payments. The Contractor and the City of Vallejo agree to pay to the other any sum due under the provisions of this Section 9-1.09, provided, however, if the total sum to be paid is less than $200, no payment shall be made. 9-1.10 (BLANK)
9-1.11 CONTRACTOR NOT AN AGENT OF THE CITY OF VALLEJO
The right of general supervision shall not make the Contractor an agent of the City of Vallejo, and the liability of the Contractor for all damages to persons or to public or private property arising from the performance of the work shall not be lessened because of such general supervision.
9-1.12 THIRD-PARTY CLAIMS
The Contractor shall be responsible for all third-party claims, and for costs or injuries incurred by a third party which result from the operations of the Contractor, or its performance under the Contract.
9-1.13 GUARANTEE
Should any failure of the work occur within a period of one year after recordation of the notice of completion of the project or portions thereof, which can be attributed to faulty materials, poor workmanship, or defective equipment, the Contractor shall promptly make the needed repairs at Contractor's expense.

The City of Vallejo is hereby authorized to make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) days after Contractor is given written notice of such failure and without notice to the surety provided, however, that in case of emergency where, in the opinion of the City of Vallejo, delay would cause serious loss or damages, or a serious hazard to the public, the repairs may be made or lights, signs, and barricades erected, without prior notice to the Contractor or

Section B: General Provisions for the Skyview Reservoir Replacement Project B-125
surety, and the Contractor shall pay the entire costs thereof. 9-1.14 MISCELLANEOUS PROVISIONS
This Contract shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor, and to the successors in interest of City of Vallejo, in the same manner as if such parties had been expressly named herein.

This Contract shall be governed by the laws of the State of California.

If any one or more of the provisions contained in the Contract should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

This Contract constitutes the full and complete understanding of the parties, and supersedes any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may only be modified by a written instrument signed by both parties.

Contractor hereby assigns to City of Vallejo all its first-tier subcontracts now or hereafter entered into by Contractor for performance of any part of the work. The assignment will be effective upon acceptance by City of Vallejo in writing, and only as to those subcontracts which City of Vallejo designates in writing. Such assignment is part of the consideration to City of Vallejo for entering into the Contract with Contractor, and may not be withdrawn.

The provisions of the Contract Documents shall be included in all subcontracts. 9-1.15 PUBLIC CONTRACT CODE SECTION 20104, ET SEQ.

Public Contract Code section 20104, et seq., requires that the following language be set forth in the specifications:
§ 20104. Application of article; provisions included in plans and specifications (i) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(ii) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California.

Section B: General Provisions for the Skyview Reservoir Replacement Project B-126

(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by the local agency.
(iii) The provisions of this article or a summary thereof shall be set forth in the plans or specification for any work which may give rise to a claim under this article. (iv) This article applies only to contracts entered into on or after January 1, 1991. § 20104.2. Claims; requirements; tort claims excluded
For any claim subject to this article, the following requirements apply:
(v) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (vi) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (vii) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.

Section B: General Provisions for the Skyview Reservoir Replacement Project B-127
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(viii) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(ix) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division

3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (x) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
§ 20104.4. Civil action procedures; mediation and arbitration; trial de novo; witnesses The following procedures are established for all civil actions filed to resolve claims subject to this article:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(ii) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding

Section B: General Provisions for the Skyview Reservoir Replacement Project B-128
Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(4) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
§ 20104.6. Payment on undisputed portion of claim; interest on arbitration awards or judgments
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.

In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

Section C: Wage and Equipment Rates for Bid Documents for Cleaning and Repair of Potable Water Storage Tanks C-1

SECTION C -WAGE AND EQUIPMENT RATES

1. Prevailing Wage Rates
In accordance with the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages applicable to the work to be done, and a current copy of said prevailing wages is on file with the City Clerk. Should the minimum Federal Wage Rate be higher than the rate determined by the Director of the Department of Industrial Relations, then the Federal Wage Rate Determination shall govern.

The successful bidder will be required to post a copy of these general prevailing rates of per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein.

In addition, the City Charter of the City of Vallejo requires that the Contractor and all his/her Subcontractors shall pay their employees on said work a salary or wage at least equal to the prevailing salary or wage for work of similar character in the locality in which the public work is performed. The Contractor shall, as a penalty, forfeit to the City FIFTY DOLLARS ($50.00) for each calendar day or portion thereof, for each employee paid less than the prevailing salary or wage for any public work done under the contract by him/her or any subcontractor under him/her.

The State Labor Code states that for violations of public works laws relating to payment of prevailing wages, the City of Vallejo will be required to withhold from any progress payments owed to a contractor any amounts that have been forfeited as penalties, or as wages owed to employees, who have not been paid the prevailing wage for work performed. Effective 1/1/93, the City is required to directly transfer all withheld wages and penalties to the Labor Commissioner for disbursement in those cases where a contractor fails to bring a lawsuit for amounts withheld within 90 days after the completion of the public works contract and formal acceptance of the job by the City.

Also, the Labor Commissioner is permitted to intervene in any lawsuit brought by the contractor against an awarding body for recovery of amounts withheld. In the event that the contract does not prevail in the lawsuit to recover the amounts withheld, the wages and penalties will then be forwarded to the Labor Commissioner for disbursement in the manner previously described.

2. Payroll Record
In accordance with the provisions of Section 1776 of the Labor Code of the State of California, the Contractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid

Section C: Wage and Equipment Rates for Bid Documents for Skyview Reservoir Replacement Project C-2
to each journeyman, apprentice, worker or other employee employed by the Contractor in connection with this project. This payroll record shall be certified and available for inspection at all reasonable hours at the principal office of the successful bidder and a certified copy shall be furnished within ten (10) days after receipt of a written request by the following parties:

A. An employee or his/her authorized representative
B. City's representative
C. Representative of Labor Standard Enforcement and Division of Apprenticeship Standard of Department of Industrial Relations.

Any copy of the payroll record made available for inspection and furnished to the public through the above entities shall not disclose names, addresses or social security numbers of individual employees except the name and address of the Contractor.

In the event of non-compliance with the requirement of this subdivision, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notices from the State or City. If the non-compliance is still evident after the ten-day period, the Contractor shall, as a penalty, forfeit to the City TWENTYFIVE DOLLARS ($25.00) for each calendar day, for each employee, until strict compliance is effectuated.

3. Equipment Rental Rates
Equipment rental will be paid for as provided under Section 9-1.03A of the State Standard Specifications at the rates listed in the EQUIPMENT RENTAL RATES TABLE of the State of California, Department of Public Works, Division of Highways, latest issue, for use in their Special Provisions, a copy of which Table of Rates is filed in the Water Director’s Office.

Section C: Wage and Equipment Rates for Bid Documents for Cleaning and Repair of Potable Water Storage Tanks C-3

STATE OF CALIFORNIA - DEPARTMENT OF INDUSTRIAL RELATIONS

DIVISION OF APPRENTICESHIP STANDARDS
TO: California Department of Industrial Relations
Division of Apprenticeship Standards
P.O. Box 603
San Francisco, CA 94101
FROM: City of Vallejo
Water Department
202 Fleming Hill Rd.

Vallejo, CA 94589
833690000
A contract to perform public works under Labor Code §1777.5 has been awarded to:

Name of General Contractor: Contractor's License Number:

Mailing Address: City:

Zip code: Telephone Number:
( )
Address or Location of Work Site (include City and/or County):

Contract or Project Number: Dollar Amount of Contract Award:

Starting Date (Estimated or Actual)
Month Day Year
/ /
Completion Date (Estimated or Actual)
Month Day Year
/ /
Number of Working Days:

Type of Construction (Highway, school, hospital, etc): G NEW CONSTRUCTION G ALTERATIONS Classification or Type of Workman (Carpenter, Plumber, etc.):

Is language included in the Contract Award to effectuate the provisions of Section 1777.5 as required by the Labor Code? G YES G NO
Is Language included in the Contract Award to effectuate the provisions of Section 1776 as required by the Labor Code? G YES G NO
Signature: Title: Date:

Printed or Typed Name: Telephone Number:
( )
Duplication of this form is permissible DAS 13 (RV. 7/85)

Section C: Wage and Equipment Rates for Bid Documents for Skyview Reservoir Replacement Project C-4

STATE OF CALIFORNIA
Gavin Newsom, Governor

DEPARTMENT OF INDUSTRIAL RELATIONS
Katie Hagen, Director

CALIFORNIA DIVISION OF APPRENTICESHIP STANDARDS
Diane Ravnik, Chief Deputy Director
455 Golden Gate Avenue, 9th Floor
San Francisco, California 94102
Telephone (415) 703-4920

DISTRICT OFFICES ADDRESS TELEPHONE
Fresno 93721 2550 Mariposa St., Room 3080 559/445-5431
Los Angeles 90013 320 West 4th Street, Suite 950 213/897-1385 San Francisco 94102 455 Golden Gate Ave., 9th Flr 415/703-1128 Sacramento 95834 160 Promenade Circle, Suite 320 916/920-6111 San Jose 95113 100 Paseo De San Antonio, Room 125 408/277-1273 San Diego 92108 7575 Metropolitan Dr, Suite 209 619/767-2045

RESOLUTION NO. 24-040 N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING

A PROJECT LABOR AGREEMENT WITH THE NAPA SOLANO BUILDING AND

CONSTRUCTION TRADES COUNCIL AND ITS AFFILIATED LOCAL UNIONS WHEREAS, a project labor agreement (PLA) is a pre-hire collective bargaining agreement between one or more labor organizations (often negotiated by the local Building Trades and Construction Council) and the owner of a project, which establishes the terms and conditions of employment on the project work; and
WHEREAS, the purpose of a PLA is to facilitate the delivery of the project with minimal laborrelated disruptions which would adversely impact the public and/or delay the project; and WHEREAS, the terms of the PLA apply to all contractors and subcontractors who are awarded contracts on the project and supplement or supersede any existing collective bargaining agreements; and
WHEREAS, the PLA includes provisions that prohibit workers from engaging in strikes, work stoppages, and slowdowns for the duration of the term of the agreement and in exchange for the commitment not to engage in such activities, the PLA requires that contractors hire workers who are referred from union hiring halls; and
WHEREAS, the PLA requires contractors pay the workers prevailing wage, contribute to union trust funds, and abide by certain dispute and grievance resolution procedures; and WHEREAS, the PLA applies to future City capital projects exceeding the threshold is set at $750,000; and
WHEREAS, the PLA has an initial five-year term, with the ability with the ability to renew for additional years upon mutual agreement by both parties; and WHEREAS, the PLA ensures future projects will not be subject to strikes, sympathy strikes, work stoppages, picketing, hand-billing or otherwise advising the public that a labor dispute exists, slowdowns, refusal to work, walk-off, sit down, stand-in, wobble, boycott of any kind, for any reason, by the Unions or employees employed on a project, at the job site of a Project or any other facility of City because of a dispute on a Project; nor will there be lockouts by the contractor or employer on a project.

WHEREAS, the Unions covered by the PLA are recognized as the sole bargaining representative of all craft employees performing covered work, and all such employees must be represented by a Union for the duration of their employment on a project; and WHEREAS, the PLA agrees to prioritize employment of Local Area residents (with City of Vallejo, then Solano County being priority) and to use resources in the Local Area in construction of the Project; and
DocuSign Envelope ID: 37E92666-1970-409F-862B-2583C9DECB6C

WHEREAS, the PLA agrees to provide the City of Vallejo with quarterly reports to monitor the progress of local workforce development efforts; and
WHEREAS, the projects will employ apprentices from a California state-approved Joint Apprenticeship Training Program, with the goal of helping to develop workers in the construction industry; and
WHEREAS, labor disputes, grievances, or actions relating to discipline will be resolved through procedures established with the affiliated Unions; any grievances not settled between the parties would be subject to arbitration for resolution; and
NOW, THEREFORE, BE IT RESOLVED that:

1. The City Council of the Vallejo hereby approves the Project Labor Agreement with the Napa Solano Building and Construction Trades Council and its affiliated local Unions attached hereto as Exhibit A and incorporated by reference; and

2. The City Manager is authorized to execute and implement the PLA agreement in its entirety.

Adopted by the City Council of the City of Vallejo at a regular meeting held on March 26, 2024, with the following vote:

AYES: Vice Mayor Loera-Diaz, Councilmembers Arriola, Bregenzer, Matulac, Palmares and Verder-Aliga
NOES: Mayor McConnell
ABSENT: None
ABSTAIN: None
ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
DocuSign Envelope ID: 37E92666-1970-409F-862B-2583C9DECB6C

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

FOR THE CITY OF VALLEJO

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

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

WHEREAS, the timely and successful completion of Covered Projects is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, large numbers of workers of various skills are required in the performance of construction work on Covered Projects who will be represented by the Unions who are signatory to this Agreement and employed by the Contractors and subcontractors who are also signatory to this Agreement; and
WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and WHEREAS, it is recognized that on Covered Projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption may be substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers are best served if the construction work proceeds in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and
WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on Covered Projects and to encourage close cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist among the parties to this Agreement; and

Project Labor Agreement
for the City of Vallejo
2 WHEREAS, the parties agree that one of the primary purposes of this Agreement is to avoid the tensions that might arise on the Covered Projects if Union and non-union workers of different employers were to work side by side on the Covered Projects, potentially leading to labor disputes that could delay completion of the Covered Projects; and WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of this Agreement, insofar as a legally binding agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail. It is understood that Contractor(s)/Employer(s) are bound and shall remain bound, for the duration of this Agreement, by the terms of this Agreement and the applicable local and national collective bargaining agreements for the craft work performed, established between the signatory Unions and Contractors/Employers, in effect and covering the area of these Covered Projects; and
WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and military veterans, and recognizes the ability of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, the contract(s) for construction work on Covered Projects will be awarded in accordance with the applicable provisions of the California State Public Contract Code, the Charter of the City of Vallejo, the Vallejo Municipal Code, and all state, local and federal laws; and
WHEREAS, The City has adopted this Agreement which will provide construction employment and training opportunities in ways calculated to mitigate the harms caused by poverty, unemployment, and underemployment; and
WHEREAS, this Agreement reflects a commitment by all parties to the diversity in the workforce on Covered Projects to the extent allowed by law, to reflect levels of minority, women and other worker utilization at levels which are representative of the relevant workforce of these groups in the Vallejo area as determined by the U.S. Census Bureau; and WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of all Covered Projects;

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

ARTICLE I

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

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

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

ARTICLE II

SCOPE OF AGREEMENT

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

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

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5 2.3 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or repair of buildings, structures and other works, and related activities for a Covered Project that is within the craft jurisdiction of one of the Unions and that is part of a Covered Project, including, without limitation the following examples: geotechnical and exploratory drilling, soils and materials testing and inspection , temporary HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve a Covered Project), pumps, pump stations, start-up, modular furniture installation (as covered by California Prevailing Wage Determinations) included as part of the Covered Project, and final clean-up.

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

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

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

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

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

2.3.4 This Agreement covers all construction trucking work, including the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process as well as the off-hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation materials, construction debris and excess fill, material and/or mud. Contractor(s)/Employer(s), including brokers, of persons providing

Project Labor Agreement
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6 construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by the bid specifications.

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

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

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

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

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

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

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

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

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

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

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

Project Labor Agreement
for the City of Vallejo
7 2.4.9 Contracts that are outside the scope of this Agreement.

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

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

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

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

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

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

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

2.5 Award of Contracts: The City holds the right to select any qualified bidder for the award of Construction Contracts for Covered Projects under this Agreement. The bidder shall be responsive, responsible, willing, ready and able to execute and comply with this Agreement as it

Project Labor Agreement
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8 applies to a Covered Project. This Agreement shall be included in all invitations to bid or solicitations for proposals from Contractors or subcontractors for work on Covered Projects. A copy of all invitations to bid for Covered Projects shall be provided to the Trades Council at the time of issuance.

ARTICLE III

EFFECT OF AGREEMENT

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

3.2 By accepting the award of work under a Construction Contract for a Covered Project, whether as a Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum 1. 3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract on the Covered Project.

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

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

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

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

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

ARTICLE IV

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE V

CRAFT ASSIGNMENT PRE-JOB CONFERENCES

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

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

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

Project Labor Agreement
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12 (f) Discussion of pre-fabricated materials.

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

ARTICLE VI

NO DISCRIMINATION

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

ARTICLE VII

UNION REPRESENTATION AND REFERRAL

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

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

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

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

1. Appearance on the Contractor/Employer’s active payroll for at least the last sixty (60) out of the one hundred (100) working days

Project Labor Agreement
for the City of Vallejo
13 prior to award of a Construction Contract;

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

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

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

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

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

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

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

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

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

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

ARTICLE VIII

WAGES AND BENEFITS

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

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

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

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

Project Labor Agreement
for the City of Vallejo
15 ARTICLE IX

LOCAL HIRE, APPRENTICES, AND WORKFORCE DEVELOPMENT

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

Priority 1: Residents of the City of Vallejo.

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

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

Priority 4: All other areas.

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

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

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

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

9.5 When Local Residents are requested by the Contractor/Employers, the Unions will grant priority referral to such workers. In the event that a Contractor/Employer, having not achieved its targeted hiring participation levels, requests a Local Resident from the Union hiring facility, and is referred a worker who is not a Local Resident the Contractor/Employer is under no obligation to hire the referred worker for the C ov e r ed Project work and shall notify

Project Labor Agreement
for the City of Vallejo
16 the Union hiring facility and the Jobs Coordinator and shall request another referral of another Local Resident. The Contractor/Employer shall not be required to hire that worker unless there is no Local Resident available for hire.

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

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

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

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

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

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

Project Labor Agreement
for the City of Vallejo
17 ARTICLE X

HELMETS TO HARDHATS

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

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

ARTICLE XI

COMPLIANCE

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

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

ARTICLE XII

GRIEVANCE ARBITRATION PROCEDURE

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

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

12.3 No grievance shall be recognized unless the grieving party (Union or Trades Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more

Project Labor Agreement
for the City of Vallejo
18 than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties.

12.4 Grievances shall be settled according to the following procedures:

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

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

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

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

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

Project Labor Agreement
for the City of Vallejo
19 ARTICLE XIII

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

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

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

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

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

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

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

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

ARTICLE XIV

MANAGEMENT RIGHTS

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

ARTICLE XV

SAFETY AND DRUG AND ALCOHOL POLICY

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

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

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

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

ARTICLE XVI

SAVINGS CLAUSE

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

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

16.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or enjoins the City from complying with all or part of the Agreement’s provisions, and the City accordingly determines that compliance with this Agreement will not be required in

Project Labor Agreement
for the City of Vallejo
21 order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article IV.

ARTICLE XVII
TERM

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

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

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

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

ARTICLE XVIII

MISCELLANEOUS PROVISIONS

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

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

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

18.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the

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

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

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

Project Labor Agreement
for the City of Vallejo
23 CITY OF VALLEJO
Michael Malone, City Manager
Date: ___________________
Approved as to Form
Veronica A.F. Nebb, City Attorney
Date: __________________

NAPA-SOLANO BUILDING AND

CONSTRUCTION TRADES COUNCIL
Danny Bernardini, Secretary-Treasurer
Date:

Project Labor Agreement
for the City of Vallejo
24 [UNION SIGNATURES]

Project Labor Agreement
for the City of Vallejo
25 Addendum 1

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

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

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

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

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

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

CONTRACTOR/SUBCONTRACTOR:____________________________________________ California Contractor State License No. or Motor Carrier (CA) Permit No.: ________________ Name of Authorized Person (print): ________________________________________________ Signature of Authorized Person: ___________________________________________________ Title of Authorized Person: ______________________________________________________ Telephone Number of Authorized Person:___________________________________________ Address of Authorized Person:____________________________________________________ State Public Works Registration Number: __________________________________________ 156657\1448596

2795 MITCHELL DRIVE • WALNUT CREEK, CALIFORNIA 94598 • P 925-932-1710 pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/00002

SKYVIEW RESERVOIR REPLACEMENT PROJECT
CITY PROJECT NO. WT-7099

SECTION D

TECHNICAL SPECIFICATIONS

BID DOCUMENTS
SEPTEMBER 2025

Discipline Seals
00007-1 201631 September 2025
pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/00007 (BidSet)

CITY OF VALLEJO WATER DEPARTMENT

SKYVIEW RESERVOIR REPLACEMENT PROJECT

DISCIPLINES RESPONSIBLE FOR SPECIFICATIONS
Justin C. Peterson
Carollo Engineers
2880 Gateway Oaks Drive, Suite 300
Sacramento, CA 95833
(916) 565-4888
Project Manager, Civil and Mechanical
James A. Doering
Carollo Engineers
3150 Bristol Street, Suite 500
Costa Mesa, California 92626
(714) 593-5101
Structural
John G. Briones
Carollo Engineers
3150 Bristol Street, Suite 500
Costa Mesa, California 92626
(714) 593-5101
Electrical
Digitally signed by Justin C. Peterson
Contact Info: Carollo Engineers, Inc.

Date: 2025.09.10 16:39:36-07'00'
Digitally signed by James A. Doering
Contact Info: Carollo Engineers, Inc.

Date: 2025.09.11 07:40:02-07'00'
Digitally signed by John G. Briones
Contact Info: Carollo Engineers, Inc.

Date: 2025.09.11 15:52:41-07'00'

Discipline Seals
00007-2 201631 September 2025
pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/00007 (BidSet) Daniel Robinson
Carollo Engineers
2880 Gateway Oaks Drive, Suite 300
Sacramento, CA 95833
(916) 565-4888
Instrumentation
J. Darby Howard
JDH Corrosion Consultant, Inc.
1100 Willow Pass Court
Concord, CA 94520
(925) 927-6630
Corrosion
Digitally signed by Daniel S. Robinson
Contact Info: Carollo Engineers, Inc.

Date: 2025.09.10 16:40:36-07'00'

Table of Contents
00010-1 201631 September 2025
pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/00010 (BidSet a)

CITY OF VALLEJO WATER DEPARTMENT

SKYVIEW RESERVOIR REPLACEMENT PROJECT

TABLE OF CONTENTS

SECTION D - TECHNICAL SPECIFICATIONS
DIVISION 01 - GENERAL REQUIREMENTS
SECTION NO. TITLE
01110 SUMMARY OF WORK
01116 CONTRACT DOCUMENT LANGUAGE
01140 WORK RESTRICTIONS
01220 MEASUREMENT AND PAYMENT
01243 VALUE ENGINEERING
01260 CONTRACT MODIFICATION PROCEDURES
01292 SCHEDULE OF VALUES
01312 PROJECT MEETINGS
01321 SCHEDULES AND REPORTS
01330 SUBMITTAL PROCEDURES
01331 SUBMITTAL FORMS
01340 PHOTOGRAPHIC AND VIDEOGRAPHIC DOCUMENTATION
01354 HAZARDOUS MATERIAL PROCEDURES
01357 DELEGATED DESIGN PROCEDURES
01410 REGULATORY REQUIREMENTS
01450 QUALITY CONTROL
01455 REGULATORY QUALITY ASSURANCE
01460 CONTRACTOR QUALITY CONTROL PLAN
01500 TEMPORARY FACILITIES AND CONTROLS
01601 PRODUCT REQUIREMENTS
01722 FIELD ENGINEERING
01734 WORK WITHIN PUBLIC RIGHT-OF-WAY
01735 TRAFFIC CONTROL
01738 SELECTIVE ALTERATIONS AND DEMOLITION
01739 SITE CONSTRUCTION: RECYCLABLE MATERIALS
01756 COMMISSIONING
01757 DISINFECTION
01759 WATER LEAKAGE TEST FOR CONCRETE STRUCTURES
01770 CLOSEOUT PROCEDURES
01782 OPERATION AND MAINTENANCE MANUALS
01783 WARRANTIES AND BONDS
01850 DESIGN CRITERIA

Table of Contents
00010-2 201631 September 2025
pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/00010 (BidSet a) DIVISION 02 - SITE CONSTRUCTION
SECTION NO. TITLE
02001 COMMON WORK RESULTS FOR GENERAL PIPING
02003 PIPE IDENTIFICATION
02005 PIPING SPECIALTIES
02007 PIPE COUPLINGS
02009 PIPING SYSTEMS TESTING
02050 SOILS AND AGGREGATES FOR EARTHWORK
02084 PRECAST DRAINAGE STRUCTURES
02200 SITE CLEARING
02241 DEWATERING
02260 EXCAVATION SUPPORT AND PROTECTION
02280 SUBSURFACE UTILITY ENGINEERING
02300 EARTHWORK
02312 CONTROLLED LOW STRENGTH MATERIAL (CLSM)
02318 TRENCHING
02372 STONE SLOPE PROTECTION
02581 PRECAST ELECTRICAL HANDHOLES AND ELECTRICAL MANHOLES 02620 FILTER FABRIC
02621 STABILIZATION FABRIC
02666 HIGH DENSITY POLYETHYLENE GEOMEMBRANE LINERS
02693 DUCTILE IRON PIPE: AWWA C151
02696 STEEL PIPE: BURIED
02705 POLYVINYL CHLORIDE (PVC) PIPE: GRAVITY
02707 HIGH DENSITY POLYETHYLENE (HDPE) PIPE: AWWA C906
02742A ASPHALTIC CONCRETE PAVING
02772 CONCRETE CURBS, GUTTERS, AND SIDEWALKS
02820 FENCES AND GATES
02952 PAVEMENT RESTORATION AND REHABILITATION
DIVISION 03 - CONCRETE
SECTION NO. TITLE
03055 ADHESIVE-BONDED REINFORCING BARS AND ALL THREAD RODS IN

CONCRETE
03071 EPOXIES
03102 CONCRETE FORMWORK
03150 CONCRETE ACCESSORIES
03154 HYDROPHILIC RUBBER WATERSTOP
03200 CONCRETE REINFORCING
03300 CAST-IN-PLACE CONCRETE
03366 CONCRETE FINISHES
03600 GROUTING
03931 EPOXY INJECTION SYSTEM
03933 HYDROPHOBIC FOAM POLYURETHANE RESIN INJECTION SYSTEM

Table of Contents
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SECTION NO. TITLE
05120 STRUCTURAL STEEL FRAMING
05190 MECHANICAL ANCHORING AND FASTENING TO CONCRETE AND

MASONRY
05500 METAL FABRICATIONS
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
SECTION NO. TITLE
07110 DAMPPROOFING
07900 JOINT SEALANTS
DIVISION 08 - DOORS AND WINDOWS
SECTION NO. TITLE
08320 FLOOR ACCESS DOORS
DIVISION 09 - FINISHES
SECTION NO. TITLE
09920 GRAFFITI-RESISTANT COATING
09960 HIGH-PERFORMANCE COATINGS
09986 PAINTING PRESTRESSED CONCRETE WATER TANKS
DIVISION 11 - EQUIPMENT
SECTION NO. TITLE
11122 POTABLE WATER TANK MIXER
11312J SUBMERSIBLE SUMP PUMPS
DIVISION 13 - SPECIAL CONSTRUCTION
SECTION NO. TITLE
13100 CATHODIC PROTECTION
13207 STRAND-WOUND CIRCULAR PRESTRESSED CONCRETE TANK WITH

A TYPE I CORE WALL AND FLAT ROOF
13447 ELECTRIC ACTUATORS
DIVISION 15 - MECHANICAL
SECTION NO. TITLE
15050 COMMON WORK RESULTS FOR MECHANICAL EQUIPMENT
15061 PIPE SUPPORTS
15062 PREFORMED CHANNEL PIPE SUPPORT SYSTEM
15108 RUBBER “DUCK BILL” CHECK VALVE
15110 COMMON WORK RESULTS FOR VALVES
15111 BALL VALVES
15112 BUTTERFLY VALVES
15114 CHECK VALVES
15115 GATE, GLOBE, AND ANGLE VALVES

Table of Contents
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pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/00010 (BidSet a) 15117 SPECIALTY VALVES
15119 AIR AND VACUUM RELIEF VALVES
15286 STAINLESS STEEL PIPE AND TUBING
15294 RUBBER HOSE
15500 COMMON WORK RESULTS FOR HVAC
15830 FANS
15954 TESTING, ADJUSTING, AND BALANCING FOR HVAC
15958 MECHANICAL EQUIPMENT TESTING
DIVISION 16 - ELECTRICAL
SECTION NO. TITLE
16050 COMMON WORK RESULTS FOR ELECTRICAL
16060 GROUNDING AND BONDING
16070 HANGERS AND SUPPORTS
16075 IDENTIFICATION FOR ELECTRICAL SYSTEMS
16123 600-VOLT OR LESS WIRES AND CABLES
16130 CONDUITS
16133 DUCT BANKS
16134 BOXES
16140 WIRING DEVICES
16150 LOW VOLTAGE WIRE CONNECTIONS
16285 SURGE PROTECTIVE DEVICES
16305 ELECTRICAL SYSTEM STUDIES
16411 DISCONNECT SWITCHES
16412 LOW VOLTAGE MOLDED CASE CIRCUIT BREAKERS
16445 PANELBOARDS
16510 LIGHTING: LED LUMINAIRES
16950 FIELD ELECTRICAL ACCEPTANCE TESTS
16990 CONDUIT SCHEDULE
DIVISION 17 - INSTRUMENTATION AND CONTROLS
SECTION NO. TITLE
17050 COMMON WORK RESULTS FOR PROCESS CONTROL AND

INSTRUMENTATION SYSTEMS
17100 CONTROL STRATEGIES
17405 PRESSURE/VACUUM MEASUREMENT: DIRECT
17950 COMMISSIONING FOR INSTRUMENTATION AND CONTROLS

Summary of Work
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SUMMARY OF WORK
PART 1 GENERAL

1.01 SUMMARY
A. Section includes:

1. Detailed description of the Work.

1.02 THE WORK
A. The Work consists of:

1. Construction of a new nominal 6 million gallon AWWA D110 Type I, strandwound, prestressed concrete reservoir (Skyview Reservoir 2), including demolition of the existing reservoir (Skyview Reservoir 1) and excavation to the new subgrade of Skyview Reservoir 2 due to a difference in finished floor elevation of approximately 2 feet, completion of associated site improvements, and construction of an off-site potable water main along Goheen Circle as indicated on the Drawings.

2. Commissioning of the Work.

1.03 LOCATION OF PROJECT
A. The Work is located in the vicinity of 485 Goheen Circle, Vallejo, CA 94591.

1.04 CITY DIRECTED SUBCONTRACTORS
A. City will enter into contract directly with Subcontractors for:

1. Network access systems installation.
a. Access Systems, Inc., 4947 Hillsdale Circle, El Dorado Hills, CA 95762. b. Contractor shall coordinate with City Directed Subcontractor as required to complete the Work as indicated on the Drawings and as specified.

1.05 CITY FURNISHED EQUIPMENT
A. City will furnish:

1. Network access equipment products as specified in Section 17050 - Common Work Results for Process Control and Instrumentation Systems.

B. City will:

1. Arrange for and deliver necessary Shop Drawings, product data, and samples to City Directed Subcontractor and Contractor as required.

2. Arrange and pay for product delivery to site in accordance with construction schedule.

3. Deliver Supplier’s bill of materials to Contractor.

4. Inspect deliveries jointly with Contractor.

5. Submit claims for transportation damage.

Summary of Work
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6. Arrange for replacement of damaged, defective, or missing items.

7. Arrange for manufacturer's warranties, bonds, service, and inspections.

C. Contractor's responsibility for City-furnished products:

1. Coordination with City Directed Subcontractor as required to complete the Work.

2. Designating delivery date for each City-furnished product.

3. Reviewing Shop Drawings, product data, and samples.

4. Submitting notification of discrepancies or anticipated problems.

5. Receiving and unloading products at site.

6. Promptly inspecting products jointly with City and recording shortages, and damaged or defective items.

7. Handling products at site, including uncrating and storage.

8. Protecting products from damage, including safeguarding from theft, damage, and negligence until equipment and materials have been installed and accepted.

9. Installing, including assembly, connections, adjustments, and commissioning in accordance with Contract Documents.

10. Providing operating oils, lubricants, and incidental materials required for complete installation.

11. Repairing or replacing items damaged after receipt until date of Completion of the Work by City.

D. When City fails to deliver products in accordance with accepted Construction Schedule, adjustments will be made to Contract Times and Contract Price as stipulated in the Specifications.

PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)

END OF SECTION

Contract Document Language
01116-1 201631 September 2025
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CONTRACT DOCUMENT LANGUAGE
PART 1 GENERAL

1.01 SUMMARY
A. Section Includes: Explanation of arrangement, language, reference standards, and format.

1.02 REFERENCES
A. Construction Specifications Institute (CSI):

1. MasterFormat™.

2. SectionFormat™.

3. PageFormat™.

1.03 PROJECT MANUAL ARRANGEMENT
A. Document and Section numbers used in Project Manual, and Project Manual arrangement are in accordance with CSI MasterFormat™, except where departures have been deemed necessary.

B. Sections are written in CSI SectionFormat™, Three-Part Section Format, except where departures have been deemed necessary.

C. Page format for Sections in the Project Manual is in PageFormat™, except where departures have been deemed necessary.

1.04 CONTRACT DOCUMENT LANGUAGE
A. Specification Section Paragraphs entitled "Section Includes" summarize briefly what is generally included in the section.

1. Requirements of Contract Documents are not limited by "Section Includes" paragraphs.

B. Specifications have been partially streamlined by intentionally omitting words and phrases, such as "the Contractor shall," "in conformity therewith," "shall be" following "as indicated," "a," "an," "the" and "all."

1. Assume missing portions by inference.

C. Phrase "by Engineer" modifies words such as "accepted," "directed," "selected," "inspected," and "permitted," when they are unmodified.

D. Phrase "to Engineer" modifies words such as "submit," "report," and "satisfactory," when they are unmodified.

Contract Document Language
01116-2 201631 September 2025
pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/01116 (BidSet) E. Colons (:) are used to introduce a list of particulars, an appositive, an amplification, or an illustrative quotation:

1. When used as an appositive after designation of product, colons are used in place of words "shall be."
F. Word "provide" means to manufacture, fabricate, deliver, furnish, install, complete, assemble, erect in place, test, or render ready for use or operation, including necessary related material, labor, appurtenances, services, and incidentals.

G. Words "Contractor shall" are implied when direction is stated in imperative mood.

H. Term "products" includes materials and equipment as specified in Section 01601 - Product Requirements.

PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)

END OF SECTION

Work Restrictions
01140-1 201631 September 2025
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WORK RESTRICTIONS
PART 1 GENERAL

1.01 SUMMARY
A. Section includes: Requirements for sequencing and scheduling the Work.

1.02 SUBMITTALS
A. Baseline Schedule with MOP tasks.

B. Method of Procedure (MOP) Form.

C. Method of Procedure (MOP) Log.

D. Progress Schedule with MOP tasks.

1.03 METHOD OF PROCEDURE (MOP)
A. Comply with MOP Instructions as specified in Attachment A - Method of Procedure (MOP).

B. Prepare MOP for the following conditions:

1. Shutdowns, diversions, and tie-ins to the existing facility.

2. Process start-up activities.

3. Power interruption and tie-ins.

4. Switch over between temporary and permanent facilities, equipment, piping, and electrical and instrumentation systems.

5. Process constraints requiring interruption of operating processes or utilities.

C. Other Work not specifically listed may require MOPs as determined necessary by the Contractor or Engineer.

D. Submit Baseline Schedule, as specified in Section 01321 - Schedules and Reports with proposed MOPs.

E. Submit MOP Log at construction progress meetings.

F. No consideration will be given to claims of additional time and cost associated to preparing MOPs required by the Engineer to complete this work in a manner that facilitates proper operation of the facility and compliance with effluent discharge criteria.

G. Where required to minimize utility process while complying with specified constraints, provide temporary pumping, power, lighting, controls, instrumentation, and safety devices.

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1.04 GENERAL CONSTRAINTS ON WORK AND SCHEDULING OF WORK A. Contractor access shall be limited to the following routes:

1. As indicated on Drawing G06.

2. Any deviations from the access routes shown on Drawing G06, if requested, shall be approved in writing by the City prior to use.

B. Shutdown times for active pipelines shall be limited to 4 hours. Notify Engineer a minimum of 5 working days in advance of requested shutdown period.

C. Post-demolition geotechnical investigation:

1. Schedule:
a. Contractor’s schedule for demolition of Skyview Reservoir 1 shall be submitted to the Engineer a minimum of 3 weeks prior to beginning of demolition activities.

2. Sequencing:
a. Demolish the existing reservoir (Skyview Reservoir 1) and provide for City access to complete the post-demolition geotechnical investigation. b. Remove all concrete, piping, prepared subgrade materials, and appurtenant facilities within the footprint of Skyview Reservoir 1, exposing native soil.
c. Construct a minimum 12-foot wide earthen ramp, not exceeding 5 percent grade, to allow for access of a truck-mounted drilling rig to access the native soil within the Skyview Reservoir 1 footprint.
d. City’s geotechnical engineer will obtain geotechnical boring samples and ground penetrating radar data over a period of three working days. e. Laboratory testing and evaluation of subsurface soil conditions by the City’s geotechnical engineer will be conducted over a period of 12 weeks. f. Findings of the post-demolition geotechnical investigation will be communicated to the Contractor, Tank Contractor, and Tank Prestressor in writing within two weeks of completion of laboratory testing and evaluation.
g. No additional work within the reservoir footprint is permitted until the laboratory testing and evaluation of subsurface soil conditions is completed.
h. Contractor may submit shop drawings for the new reservoir (Skyview Reservoir 2) following receipt of laboratory testing and evaluation of findings.

D. Primary staging area:

1. Primary staging area is indicated on Drawing C01.

2. Contractor shall make every reasonable effort to stage all equipment, materials, and temporary facilities within the primary staging area or other areas within the limit of the Work.

E. Secondary staging area:

1. At sole discretion of the Engineer, the Contractor may be permitted to use the secondary staging area as indicated on Drawing C01.

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2. Erect noise barriers, visual barriers, and install other measures as required by the Engineer to minimize impacts to nearby residents.

3. The final limits of the secondary staging area will be determined by the Engineer.

F. Green Sand Sequestration and Disposal:

1. Contractor is advised that “green sand” was encountered during the geotechnical investigation as shown in Appendix A.

2. If green sand, or similar materials of concern as indicated by the Engineer, are encountered during demolition and excavation activities, all green sand or such similar materials shall be sequestered on the project site for hazardous materials testing by the Engineer or designated materials testing laboratory.

3. If the materials are determined to be non-hazardous, Contractor shall off-haul and dispose of the materials at no additional cost to the City.

4. If the materials are determined to be hazardous, Contractor shall off-haul and dispose of the materials as directed by the Engineer.

5. Green sand, or similar materials of concern as indicated by the Engineer, shall not be used as fill.

G. Perform abandoned pipe Work as specified in Section 01738 - Selective Alterations and Demolition.

H. Water projects:

1. Conduct Work such that the City's ability to meet its customer's demands for treated drinking water shall not be impaired or reduced in terms of supplied quantity or quality of treated water.

1.05 COMPLIANCE WITH DRINKING WATER PERMIT
A. The existing facility is operating under the terms of a Drinking Water permit issued by the state of California.

1. A copy of the existing permit is on file for review at the City.

B. Perform work in a manner that will not prevent the existing facility from achieving the drinking water quality requirements established by regulations.

C. Bear the cost of penalties imposed on the City for water quality violations caused by actions of the Contractor.

D. Bear the costs for exceeding the drinking water standards of $10,000 per day for each day of the occurrence and each subsequent day of a boil water notice.

1.06 UTILITIES
A. Provide advance notice to and utilize services of Services Alert (U.S.A.) for location and marking of underground utilities operated by utility agencies other than the City.

B. Maintain electrical, telephone, water, gas, sanitary facilities, and other utilities within the limit of the Work in service. Provide temporary utilities when necessary.

Work Restrictions
01140-4 201631 September 2025
pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/01140 (BidSet) C. New yard utilities and Goheen Circle water mains were designed using existing facility drawings.

1. Field verification of utilities locations was not performed during design.

2. Services crossed or located nearby by new yard utilities may require relocation and possible shutdowns.

3. Pipe alignments as indicated on the Drawings.

1.07 WORK BY OTHERS
A. Where proper execution of the Work depends upon work by others, inspect and promptly report discrepancies and defects.

1.08 SHUTDOWN CONSTRAINTS
A. General shutdown constraints:

1. Execute the Work while the existing facility is in operation.

2. Some activities may be accomplished without a shutdown.

3. Apply to activities of construction regardless of process or work area.

4. Activities that disrupt utilities operations must comply with these shutdown constraints.

5. Organize work to be completed in a minimum number of shutdowns.

6. Provide thorough advanced planning, including having required equipment, materials, and labor on hand at time of shutdown.

7. Shutdown MOPs:
a. Advise the Engineer a minimum of 3 weeks prior to need for any shutdown for tie-ins.
b. Prepare and submit MOP to Engineer for any shutdown required a minimum of 2 weeks prior to the shutdown.
c. City’s written approval of MOP is required prior to beginning Work.

8. Final determination of the permitting of shutdowns will be the sole judgment of the City.

9. City maintains the ability to abort on the day of the scheduled shutdown.

10. Unplanned shutdowns due to emergencies are not specified in this Section.

11. All existing valves or controls will be operated by City staff.

B. Potable water transmission and distribution system.

1. Maximum shutdown duration: 4 hours.

2. Only 1 shutdown of the potable water transmission and distribution system will be allowed to make piping connections.

1.09 WORK RESTRICTIONS
A. Maintain safe, continuous access to all areas of the site for City operations and maintenance personnel.

Work Restrictions
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PART 3 EXECUTION (NOT USED)

END OF SECTION

Work Restrictions
01140-Attachment A 201631 September 2025
pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/01140 (BidSet)

ATTACHMENT A - METHOD OF PROCEDURE (MOP)

Work Restrictions
01140-Attachment A-1 201631 September 2025
pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/01140 (BidSet) “METHOD OF PROCEDURE” (MOP)
Instructions and Forms
Definition and Purpose
“Method of Procedure” (MOP) is a detailed document submitted by the Contractor to request process shutdown(s), utility tie-in(s), work in areas that may risk unanticipated outages, or flow diversions to accommodate site construction activities during a project. Such activities may include (but are not limited to) new tie-ins to utilities or structures, mechanical modifications to process piping or equipment, demolition, bulkhead installation, and cleaning processes.

The MOP provides a detailed plan to the City that describes specific aspects of the work including purpose, time of execution, and anticipated impacts on utility processes. The MOP also includes contingency measures and provisions for rapid closure in the event that shutdown or work progress difficulties are encountered. Information from relevant trades associated with the requested shutdown, diversion, or tie-in is also included.

The City should use the information within the MOP to define operational procedures and methods to safely and successfully assist the Contractor.

MOP Process Summary

WHO STEP TIMING
Contractor 1. Identify MOPs needed on MOP Log and
Baseline Schedule.

No later than 7 days
prior to Preconstruction
Scheduling Meeting
Contractor, City,
Engineer

2. Pre-MOP Meeting. More than 28 days prior
to work
Contractor 3. Submits MOP. No later than 28 days
prior to work
City 4. Reviews MOP.

City 5. MOP finalized. No later than 7 days
prior to work
Contractor 6. Complete Readiness Checklist. No later than 5 days prior to work
Contractor 7. Complete Safety Checklist. Immediately prior to commencing work
Contractor 8. Complete Work.

Contractor 9. Update MOP Log and Progress
Schedules.

Monthly

Work Restrictions
01140-Attachment A-2 201631 September 2025
pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/01140 (BidSet) MOP Process Detail
STEP 1. Identifies MOPs needed on MOP Log and Baseline Schedule.

Contractor submits a preliminary list of anticipated project MOPs on MOP Log. MOPs identified but not limited to those shutdowns, diversions, or tie-ins described in the Contract Documents.

Incorporate MOPs as tasks in Baseline Schedule. Date scheduled MOPs to coincide with the appropriate construction activities.

STEP 2. Pre-MOP Meeting.

Contractor requests a Pre-MOP Meeting with the City to discuss the nature of the shutdown, diversion, or tie-in, and to gather the information necessary to complete the MOP Form. The pre-MOP meeting may be waived by the City or Engineer if the work is deemed to be minor.

STEP 3. Submits MOP.

Contractor completes the MOP Form and submit 3 copies for approval to the City.

STEP 4. Reviews MOP.

OPM distributes MOP Form for review by the City. Review MOP Form for completeness, accuracy, compliance with both the construction schedule, constraints defined in contract documents, and to ensure that the requested work does not negatively impact operations or other concurrent project activities. Additional information may be requested to better understand the nature of and method for completing the Work.

STEP 5. MOP finalized.

Once the MOP is agreed to by all parties, the MOP will be finalized by signature. Copies are distributed to the City and Contractor.

STEP 6. Complete Readiness Checklist.

Contractor verifies everything is ready for the work.

STEP 7. Complete Safety Checklist.

Contractor ensures safety.

STEP 8. Complete work.

Contractor complete work.

STEP 9. Update MOP Log and Progress Schedules.

Contractor updates MOP Log weekly and distributes at the regularly scheduled construction progress meetings.

Work Restrictions
01140-Attachment B 201631 September 2025
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ATTACHMENT B - METHOD OF PROCEDURE (MOP) FORM

Work Restrictions
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METHOD OF PROCEDURE
(MOP) FORM
Owner: Date:

Contractor: Carollo Project No.:

Project
Name: Submittal No.:

Submittal
Title:

Spec/Dwg.

Reference:

MOP # Task Title (Provide <10 word title): Submittal Date: (No later than 28 days prior to work)
SCHEDULE OF WORK ACTIVITY START: (Date/Time) END: (Date/Time) REQUESTOR:

PRIMARY POINT OF CONTACT: PHONE/PAGER:

SECONDARY POINT OF CONTACT: PHONE/PAGER:

NOTIFY Control Room, Phone Security, Phone
BUILDING: LOCATION OF WORK FLOOR/LEVEL:

DESCRIPTION OF WORK: (Provide sufficient details on process isolation, work sequencing, and safety (i.e., control of significant hazards unique to the work) to demonstrate an understanding of the work and how it will be completed within the constraints, and its impact on the processes and facility.) Task Summary:

Processes
Affected:

Trades Affected:

WORK PLAN:

Work Sequencing:

Process Isolation:

Spill Prevention
Plan:

Contingency
Plans:

CRITICAL EQUIPMENT/TOOLS: (pumps and discharge hoses with correct fittings, blind flanges and pipe plugs, no-hub fittings, properly sized electrical service components, generators, portable lighting, chlorine for potable water pipe breaks, etc.)
Acoustic Ceiling/or Walls
Access
Excavation Permit Lock Out/Tag Out
Chemical Use Approval Fire Sprinkler Impairment Life Safety Systems Confined Space Permit Flammable Materials Roof Protocol Critical Lift Plan Flush / Discharge Work After Dark
Energized Electrical Work High Pressure Test
Elect. Panel Schedules Hot Work/Open Flame
EXISTING SERVICE(S) AT RISK:

Breathing Air Elect Normal Process Access Telephones
Chemical
Distribution
Fire Protection Safety Showers UPS
City Water HVAC SCADA VAX/DATA
Communication Inert Gas Security
Domestic Drain Instrument - Air Solvent Drain

Work Restrictions
01140-Attachment B-2 201631 September 2025
pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/01140 (BidSet) Elect-Bus Duct Life Safety
System
Specialty Gases
Elect Emergency Natural Gas Storm Drain
REVIEWER’S INSTRUCTIONS /
COMMENTS:

PREJOB BRIEFING MUST BE COMPLETED PRIOR TO COMMENCING WORK:

Full Name (printed) Signature Phone Date
Submitted By
System Owner
Reviewer (if
needed)

Reviewer (if
needed)

Reviewer (if
needed)

Reviewer (if
needed)

Work Restrictions
01140-Attachment C 201631 September 2025
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ATTACHMENT C - READINESS CHECKLIST

Work Restrictions
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READINESS CHECKLIST
(5 days prior to work)
Checklist provided as a guide but is not all inclusive.

1. Confirm all parts and materials are on site:

2. Review work plan:

3. Review contingency plan:

Work Restrictions
01140-Attachment D 201631 September 2025
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ATTACHMENT D - SAFETY CHECKLIST

Work Restrictions
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SAFETY CHECKLIST
(Just prior to commencing work)
Checklist provided as a guide but is not all inclusive.

1. Location awareness:
a. Emergency exits:
b. Emergency shower and eyewash:
c. Telephones and phone numbers:
d. Shut-off valve:
e. Electrical disconnects:

2. Inspect work area:
a. Take time to survey the area you are working in. Ensure that what you want to do will work. Do you have enough clearance? Is your footing secure? Do you have adequate lighting and ventilation? Are surrounding utilities out of the way for you to perform your work?

3. SDS (Safety Data Sheets):
a. Understand the chemicals and substances in the area you are working in by reading the SDS.

4. Lockout/Tagout Procedure:
a. Lockout/tagout energy sources before beginning work. b. Make sure all valves associated with the work are locked out and tagged out on each side of the penetration.
c. Make sure the lines are depressurized.

5. Overhead work:
a. Use appropriate personal protective equipment; i.e., safety harness, lifeline, etc. b. Select appropriate tie-off points; i.e., structurally adequate, not a pipe or conduit, etc. c. Spotter assigned and in position.
d. Pipe rack access; i.e., check design capacity, protective decking or scaffolding in place, exposed valves or electrical switches identified and protected.

6. Safety equipment:
a. Shepherd's hook.
b. ARC flash protection.
c. Fire extinguisher.
d. Other: .

7. Accidents:
a. Should accidents occur, do not shut off and do not attempt to correct the situation, unless you are absolutely positive that your action will correct the problem and not adversely affect other people or equipment.

8. Review process start-up documents:
a. In the event the system is shutdown, the Control Center should have a working knowledge of the process start-up procedures in order to deal effectively with unforeseen events.

9. Evacuation procedures:
a. Do not obstruct evacuation routes.
b. Take time to survey the area for evacuation routes.

Work Restrictions
01140-Attachment E 201631 September 2025
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ATTACHMENT E - METHOD OF PROCEDURE (MOP) LOG

Work Restrictions
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METHOD OF PROCEDURE (MOP) LOG
Sample
MOP
Number Task Title
Date
Requested
Date
Approved
Date Work
Planned
Work
Completed
(yes/no)
001
002
003

Measurement and Payment
01220-1 201631 September 2025
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MEASUREMENT AND PAYMENT
PART 1 GENERAL

1.01 SUMMARY
A. Section includes:

1. Procedures for measurement and payment of Work under this Contract for lump sum items and unit prices.

1.02 LUMP SUM ITEMS (BASE SCOPE)
A. Bid Item 1: Mobilization and Demobilization (Not to be Greater than 10 percent of the Total Unit Price Bid).

1. Bid Item Description: Work in this bid item includes mobilization and demobilization, complete as specified, including (but not necessarily limited to) performing preconstruction video and picture documentation; cost of obtaining all necessary permits not obtained by the City; cost for complying with all conditions set by all of the required permits; move in of equipment, tools, supplies, materials, and manpower to the jobsite; installation and maintenance of temporary facilities; move out; cleanup and topsoil removal, restoration; and fine grading of the job site after the project is complete and accepted by the City.

2. Measurement: Measurement for this bid item is by Lump Sum.

3. Payment: Contractor may apply for payment for this Bid Item by lump sum in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

4. Requirements for Mobilization and Demobilization are generally specified in (but not limited to) Section A, Section B, and Division 01 – General Requirements, and indicated on the General and Civil Drawings.

B. Bid Item 2: Demolition.

1. Bid Item Description: Work in this bid item includes demolition of all existing site features as indicated on the drawings, including (but not necessarily limited to) sequestration, off site hauling, and disposal of all debris and soil spoils, as indicated on the drawings. This item shall include all costs for construction of an earthen ramp within the Skyview 1 footprint as indicated in Section 01140 - Work Restrictions and related scheduling restrictions described therein.

2. Measurement: Measurement for this bid item is by Lump Sum.

3. Payment: Contractor may apply for payment for this bid item by lump sum in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

4. Requirements for Demolition are generally specified in (but not limited to) Section 01354 - Hazardous Material Procedures, Section 01738 - Selective Alterations and Demolition, Section 01739 - Site Construction: Recyclable

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C. Bid Item 3: Sitework.

1. Bid Item Description: Work in this bid item includes all materials, labor, and equipment to complete sitework activities including (but not necessarily limited to) clearing and grubbing, earthwork, grading, fencing, paving, grading, compaction, surface treatments, and all related work (excluding items included in other bid items) as indicated in the Contract Documents.

2. Measurement: Measurement for this bid item is by Lump Sum.

3. Payment: Contractor may apply for payment for this bid item by lump sum in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

4. Requirements for Sitework are generally specified in (but not limited to) Division 01 – General Requirements, Division 02 – Site Construction, and indicated on the General and Civil Drawings.

D. Bid Item 4: Yard Piping.

1. Bid Item Description: Work in this bid item includes all materials, labor, and equipment to complete installation of water and drainage piping outside of the footprint of Skyview Reservoir 2 and the Reservoir Control Valve Vault, including (but not necessarily limited to) subsurface utility engineering, connections to existing pipelines and structures, protection and support of adjacent utilities, excavation, soil hauling and disposal, stabilization, bedding, installation, backfilling, compaction, fine grading, cathodic protection, testing, marking, and other appurtenant work and materials (excluding items included in other bid items) as indicated in the Contract Documents. Contractor shall be responsible for furnishing all fittings and adapters required to reroute pipelines in accordance with notes shown on the drawings.

2. Measurement: Measurement for this bid item is by Lump Sum.

3. Payment: Contractor may apply for payment for this bid item by lump sum in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

4. Requirements for Yard Piping are generally specified in (but not limited to) Division 01 – General Requirements, Division 02 – Site Construction, Section 09960 - High-Performance Coatings, Section 13100 - Cathodic Protection, Division 15 – Mechanical, and indicated on the Civil and Corrosion Protection Drawings.

E. Bid Item 5: Prestressed Concrete Reservoir.

1. Bid Item Description: Work in this bid item includes installation of the 6.0 MG (nominal) prestressed concrete reservoir. Work includes (but is not necessarily limited to) reservoir earthwork and subgrade preparation, over-excavation, foundation construction, piping and mechanical equipment within the footprint of Skyview Reservoir 2, mechanical mixer, ladders, appurtenances, monitoring and control equipment, and construction of Skyview Reservoir 2 and the Drain/Overflow Catch Basin complete and in place in accordance with these specifications, specified testing procedures and all related Work (excluding items included in other bid items) as indicated in the Contract Documents.

2. Measurement: Measurement for this bid item is by Lump Sum.

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3. Payment: Contractor may apply for payment for this bid item by lump sum in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

4. Requirements for Prestressed Concrete Reservoir are generally specified in (but not limited to) Division 01 – General Requirements, Division 02 – Site Construction, Division 03 – Concrete, Division 05 – Metals, Section 07900 - Joint Sealants, Section 08320 - Floor Access Doors, Section 09920 - Graffiti-Resistant Coating, Section 09986 - Painting Prestressed Concrete Water Tanks, Section 09960 - High-Performance Coatings, Section 11122 - Potable Water Tank Mixer, Section 11312J - Submersible Sump Pumps, Section 13207 - Strand-Wound Circular Prestressed Concrete Tank with a Type I Core Wall and Flat Roof, Division 15 – Mechanical, and indicated on the Structural Drawings.

F. Bid Item 6: Reservoir Control Valve Vault.

1. Bid Item Description: Work in this bid item includes installation of the Reservoir Control Valve Vault as indicated on the drawings. Work includes (but is not necessarily limited to) earthwork and subgrade preparation, structural concrete, piping, instrumentation, and mechanical equipment complete and in place in accordance with these specifications, specified testing procedures and all related Work (excluding items included in other bid items) as indicated in the Contract Documents.

2. Measurement: Measurement for this bid item is by Lump Sum.

3. Payment: Contractor may apply for payment for this bid item by lump sum in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

4. Requirements for Reservoir Control Valve Vault are generally specified in (but not limited to) Division 01 – General Requirements, Division 02 – Site Construction, Division 03 – Concrete, Division 05 – Metals, Section 07900 - Joint Sealants, Section 08320 - Floor Access Doors, Section 09960 - High-Performance Coatings, Section 11122 - Potable Water Tank Mixer, Section 11312J - Submersible Sump Pumps, Section 13207 - Strand-Wound Circular Prestressed Concrete Tank with a Type I Core Wall and Flat Roof, Section 13447 - Electric Actuators, Division 15 – Mechanical, and indicated on the Mechanical Drawings.

G. Bid Item 7: Electrical and Instrumentation.

1. Bid Item Description: Work in this bid item includes (but is not necessarily limited to) all materials, labor, and equipment to complete installation of electrical duct banks, conduits, cables, instrumentation, lighting fixtures, beacons, and other appurtenant work and materials (excluding items included in other bid items) as indicated in the Contract Documents.

2. Measurement: Measurement for this bid item is by Lump Sum.

3. Payment: Contractor may apply for payment for this bid item by lump sum in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

4. Requirements for Electrical and Instrumentation are generally specified in (but not limited to) Division 01 – General Requirements, Division 02 – Site Construction, Division 05 – Metals, Section 07110 - Dampproofing, Division 16 – Electrical, Division 17 – Instrumentation and Controls, and indicated on the Electrical and Instrumentation Drawings.

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pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/01220 (BidSet) H. Bid Item 8: Goheen Circle Water Main.

1. Bid Item Description: Work in this bid item includes (but is not necessarily limited to) all materials, labor, and equipment to complete installation of the Goheen Circle water main and related improvements as indicated on the drawings, including connections to existing pipelines and structures, water service relocations, protection and support of adjacent utilities, excavation, soil hauling and disposal, stabilization, bedding, installation, backfilling, compaction, cathodic protection, testing, and other appurtenant work and materials (excluding items included in other bid items) as indicated in the Contract Documents. Contractor shall be responsible for furnishing all fittings and adapters required to reroute pipelines in accordance with notes shown on the drawings.

2. Measurement: Measurement for this bid item is by Lump Sum.

3. Payment: Contractor may apply for payment for this bid item by lump sum in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

4. Requirements for Goheen Circle Water Main are generally specified in (but not limited to) Division 01 – General Requirements, Division 02 – Site Construction, Section 13100 - Cathodic Protection, Division 15 – Mechanical, and indicated on Drawings C06 and C07.

I. Bid Item 9: Dust Control and Storm Water Pollution Prevention.

1. Bid Item Description: Work in this bid item includes (but is not necessarily limited to) all materials, labor, equipment, and other activities required for complying with Yolo-Solano Air Quality Management District regulations and preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan in accordance with City of Vallejo, Solano County, and California requirements, and all other work (excluding items included in other bid items) per the Contract Documents.

2. Measurement: Measurement for this bid item is by Lump Sum.

3. Payment: Contractor may apply for payment for this bid item by lump sum in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

4. Requirements for Dust Control and Storm Water Pollution Prevention are generally specified in (but not limited to) Section A, Section B, Division 01 – General Requirements, Division 02 – Site Construction, and indicated on the General and Civil Drawings.

J. Bid Item 10: Temporary Excavation Support.

1. Bid Item Description: Work in this bid item includes (but is not necessarily limited to) all materials, labor, and equipment to provide sheeting, shoring, and bracing, or equivalent method for the protection of life and limb in trenches and open excavation, in accordance with California Labor Code §6707 and Section 02260 - Excavation Support and Protection.

2. Measurement: Measurement for this bid item is by Lump Sum.

3. Payment: Contractor may apply for payment for this bid item by lump sum in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

4. Requirements for Temporary Excavation Support are generally specified in (but not limited to) Section A, Section B, Division 01 – General Requirements,

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K. Bid Item 11: Traffic Control.

1. Bid Item Description: Work in this bid item includes (but is not necessarily limited to) all materials, labor, and equipment to provide traffic control required for completion of the Work (excluding items included in other bid items) per the Contract Documents.

2. Measurement: Measurement for this bid item is by Lump Sum.

3. Payment: Contractor may apply for payment for this bid item by lump sum in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

4. Requirements for Traffic Control are generally specified in (but not limited to) Section A, Section B, Section 01734 - Work Within Public Right-of-Way, Section 01735 - Traffic Control, Section 02318 - Trenching, and Drawing G06.

L. Bid Item 12: Potholes.

1. Bid Item Description: Work in this bid item includes (but is not necessarily limited to) all materials, labor, and equipment to complete utility potholing for construction of the concrete tank and Goheen Circle Water Main. Contractor shall confirm the horizontal and vertical locations of all existing utilities within the concrete tank and water main corridor. Pothole locations include all existing utility crossings along the Goheen Circle Water Main and the connections to existing 14-inch and 24-inch water mains.

2. Measurement: Measurement for this bid item is by lump sum.

3. Payment: Contractor may apply for payment for this bid item in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

4. Requirements for Potholing are generally specified in (but not limited to) Section A, Section B, Division 01 – General Requirements, Section 02280 - Subsurface Utility Engineering, and indicated on Drawings C06 and C07.

M. Bid Item 13: All Remaining Work Not Included in Bid Items 1 through 12.

1. Bid Item Description: Work in this bid item includes (but is not necessarily limited to) all ancillary materials, labor, equipment, and other activities required for completion of the Work (excluding items included in other bid items) per the Contract Documents.

2. Measurement: Measurement for this bid item is by Lump Sum.

3. Payment: Contractor may apply for payment for this bid item in accordance with the detail required to be listed in Section 01292 - Schedule of Values.

N. Bid Item 14: Daily Delay Damages.

1. Bid Item Description: Payment for Contractor’s daily delay damages shall be paid per allowable day. The bid item per day price include full compensation for each day of delay that may be caused by the City as detailed in Section B 9-107.C.

2. Measurement: Measurement for this bid item is by a per day basis.

3. Payment: Contractor may apply for payment for this Bid Item on a per day basis.

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PART 3 EXECUTION (NOT USED)

END OF SECTION

Value Engineering
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VALUE ENGINEERING
PART 1 GENERAL

1.01 SUMMARY
A. Section includes: Cost reduction proposals, referred to as Value Engineering Cost Proposal (VECP), initiated and developed by Contractor to change requirements of the Contract for sole purpose of reducing total cost of construction.

1.02 DEFINITIONS
A. Collateral Savings: Measurable net reductions in City’s costs of operation that result from VECP including maintenance, logistics and City-furnished equipment.

B. Concurrent Savings: Savings from other City contracts where Contractor is or is not participating.

C. Contractor Costs: Reasonable costs incurred by Contractor in preparing VECP and making the change, such as cancellation or restocking charges.

D. Future Contract Savings: Reductions in cost of performance of future contracts for essentially the same item resulting from VECP submitted by Contractor.

E. Gross Savings Amount: The gross savings amount to Contract, before deductions of City and Contractor Costs.

F. VECP Construction Savings Amount: Net amount of Contract Price reduction to be realized by implementation of VECP; the Gross Savings Amount less City and Contractor Costs.

G. City’s Costs: Reasonable costs, including associated engineering costs, incurred by City for evaluating and implementing VECP, such as redesign, testing, and effect on other contracts, including right of way acquisition costs.

1.03 VECP REQUIREMENTS
A. It is the intent that the VECP Construction Savings Amount will be shared between Contractor and City.

B. VECP, if adopted, shall result in a savings to City by providing a decrease in cost for performing the Work without impairing any of the essential functions and characteristics such as service life, reliability, economy of operation, ease of maintenance, desired appearance, and safety features.

C. Do not base VECP solely upon a change in specified quantities.

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pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/01243 (BidSet) D. Contractor may withdraw the whole or part of a submitted VECP prior to acceptance by City.

E. VECP proposals minimum VECP Construction Savings Amount: $20,000.

1. Minimum City savings after expenses: $10,000.

F. Concurrent contract savings:

1. Concurrent contract savings on other City contracts where Subcontractor is participating are not allowed.

G. VECP time restrictions:

1. Submit for City review within 30 calendar days of Notice to Proceed or within 15 calendar days following receipt of post-demolition geotechnical findings as described in Section 01140 - Work Restrictions.

1.04 AREAS NOT TO BE CONSIDERED FOR VECP
A. The following areas will not be considered for VECP submissions:

1. Changing the design capacity of Skyview Reservoir 2.

2. Changing the pipeline alignment or minimum depth.

3. Changing the pipeline material or material thickness.

4. Changes that would result in violating environmental, regulatory, or permit requirements.

5. Equipment or other items that are sole sourced or listed with "no equal."

1.05 PREPROPOSAL SCREENING
A. Upon request, and with approval of Engineer, a preproposal screening meeting will be scheduled for Contractor to present anticipated proposal.

B. Engineer, Contractor's engineer, Contractor, City and, if applicable, Subcontractor or Supplier will be present at meeting.

C. Engineer and City will render a preliminary opinion as to relative merits of proposal during meeting.

1. Contractor's engineer or City concurrence with merits of preliminary proposal does not constitute acceptance of VECP.

D. If proposal is found to have merit, Engineer will confirm minimum technical content requirements to be submitted by Contractor with the intent to minimize proposal resubmittals.

E. Any VECP received that has not been introduced in a preproposal screening may be rejected without review.

1.06 VECP PROPOSAL SUBMITTAL
A. Prepare and submit as specified in Section 01330 - Submittal Procedure.

B. Identify as VECP proposal at the time of submission.

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pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/01243 (BidSet) C. Include, as a minimum, the following information with each VECP:

1. Description of the difference between existing Contract requirement and VECP.

2. Comparative advantages and disadvantages between Contract requirement and VECP.

3. Itemization of requirements of Contract that must be changed if VECP is adopted, and a recommendation as to how to make such change (e.g., drawing numbers and specifications).
a. Include all redesign required for the VECP including any other items affected by the VECP.

4. Justification for change in function or characteristic of each affected item and effect of change on performance of end item.

5. VECP construction savings amount:
a. Exclude Contractor's cost of preparing the VECP proposal and City’s costs of investigating a VECP proposal, including any portion thereof paid by Contractor.
b. Include itemized breakdown containing quantities and unit prices for both original design and proposed change.
c. Include Contractor Costs, including amounts attributable to subcontracts. d. Include basis for estimate.

6. Prediction of effects VECP would have on City Costs, such as additional engineering costs, City-furnished equipment costs, costs of related items, and costs of maintenance and operation.

7. Statement of time by which a Change Order adopting VECP must be issued, so as to obtain maximum cost reduction and to avoid and minimize schedule extensions.

8. Proposed revisions to construction schedule, if any.

9. Detailed design of the VECP stamped and signed by a professional engineer licensed in the state of where the project is located.

10. Any additional costs, construction, or engineering requirements, and coordination efforts required to implement or accommodate the VECP into the work shall be the responsibility and risk of Contractor.

11. Contractor accepts the risk of any unanticipated cost or time which may become evident during implementation of the VECP.

D. Contractor may restrict City’s right to use any portion of a VECP or its supporting data, submitted pursuant to this Section, in accordance with the terms of the following if it is noted on such.

1. "This data is furnished pursuant to a value engineering change proposal and shall not be disclosed to an entity other than City, Engineer, or to be duplicated, used or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal, without Contractor's written authorization. This restriction does not limit City's right to use information contained in this data if it is or has been obtained from another independent source or is otherwise publicly available without limitations. If such a proposal is accepted by City by issuance of a Change Order, City shall have the right to duplicate, use and disclose any data pertinent to the proposal as accepted, in any manner and for any purpose whatsoever."

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pw://Carollo/Documents/CA/Vallejo/201631-100000/04 Design/04 Specs/Carollo/01243 (BidSet) E. Contractor may withdraw part or all of any VECP at any time prior to acceptance by City.

1. Such withdrawal shall be made in writing to the Engineer.

F. The VECP shall remain valid for a period of 60 days from the date submitted, unless extended by agreement between Contractor and City.

1. If the VECP is withdrawn prior to the expiration of this period, or prior to acceptance of the VECP by City, whichever is earlier, Contractor shall be liable for the costs incurred by City in reviewing the withdrawn VECP.

G. Engineer has right to reject, without review, any VECP that does not contain required documentation specified in this Section.

H. City and Engineer shall not be liable for Contractor delays in acting upon, or for failure to act upon, a submitted VECP.

1.07 CITY DECISION ON VECP
A. City has the sole discretion for rejecting or accepting VECP proposals within 60 days from the date submitted.

1. City may accept, in whole or in part, submitted VECP.

2. City may modify a VECP, with concurrence of Contractor, to make it acceptable.

3. Acceptance or rejection of a VECP shall be final, cannot be appealed, and shall not be subject to the "Claims" clause of Contract.

1.08 CONSTRUCTION SAVINGS SHARING
A. Construction shared savings shall be calculated in accordance with the following:

1. For VECP proposals with a VECP construction savings amount of less than $150,000 the resulting deductive Change Order shall be 50 percent of the VECP construction savings amount.

2. For VECP proposals with a VECP construction savings amount of greater than $150,000 the resulting deductive Change Order shall be 50 percent of the VECP construction savings amount for the first $150,000 and 60 percent for savings above this amount.

B. The sharing of savings as specified in this Section shall constitute the sole and entire compensation for acceptance and unrestricted use of the VECP by City, whether under this Contract or in other uses.

1.09 EXECUTABLE VECP
A. Contractor shall remain obligated to perform in accordance with terms and conditions of the Contract, unless and until a VECP Change Order is executed by both parties.

B. Accepted VECP requires the following actions:

1. Engineer notifies Contractor the VECP is accepted and a Change Order is being prepared.

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2. Contractor provide written acceptance of VECPs within 7 days after receipt of notice from the Engineer.

3. Engineer prepares a deductive Change Order, in accordance with this Section and Section 01260 - Contract Modification Procedures, adjusting Contract Price and other affected provisions.
a. Acceptance of VECP and performance of the Work shall not extend Contract Times, unless specifically provided for in the Change Order authorizing VECP.
b. Contractor's profit shall not be reduced by application of VECP. c. Contractor is not entitled to share in concurrent, collateral, or future contract savings.

4. Contractor grants City rights to use, duplicate, or disclose in whole or part, in any manner and for purpose whatsoever, and to have or permit others to do so, any data reasonably necessary to fully utilize such proposal.

1.10 NONEXECUTABLE VECP
A. City rejected VECP requires the following actions:

1. Engineer will notify Contractor in writing, explaining reasons for rejection.

2. Contractor's costs of development of VECP will not be paid by City.

PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)

END OF SECTION

Contract Modification Procedures
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CONTRACT MODIFICATION PROCEDURES
PART 1 GENERAL

1.01 SUMMARY
A. Section Includes:

1. Administrative and procedural requirements for executing a change in the Work.

1.02 PRELIMINARY REQUIREMENTS
A. Change Order Cost Basis Summary Form:

1. Submit a sample to Engineer for review within 15 calendar days following Notice to Proceed.
a. Items will be reviewed and their value, percentage, or calculation method mutually agreed to by the Contractor and City prior to executing a Change Order on the Project.

2. Used by the Contractor for pricing each Change Order required for additions, deletions, or revisions in the Work.

3. Include the following information:
a. Agreed upon markups, percentages, and procedures for calculating all surcharges, etc. associated with the Cost of the Change Order Work. b. References for unit price information and special unit price information. c. Attachments with the following information:
1) Certified labor rates breakdown.
2) Equipment rates.
3) Bond and insurance rates (PI&I).

1.03 REQUEST FOR INFORMATION OR INTERPRETATION (RFI)
A. Contractor may issue RFIs to request interpretation of the documents or to request for information that may be missing.

B. General Instructions:

1. Number RFIs consecutively.
a. Add a consecutive letter to the RFI number on modified submittals of the same RFI (i.e., RFI 4B).

2. Provide RFI for 1 item.
a. There may be exceptions when multiple items are so functionally related that expediency indicates review of the group of items as a whole. b. RFIs with multiple items will be rejected without review.

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3. Contractor sign and date RFIs indicating review and approval. a. Contractor’s signature indicates that they have satisfied RFI review responsibilities and constitutes Contractor's written approval of RFI. b. RFIs without Contractor's signature will be returned to the Contractor unreviewed. Subsequent submittal of this information will be counted as the first resubmittal.

C. Engineer will render a written clarification, interpretation, or decision on the issue submitted or initiate an amendment or supplement to the Contract within 21 days.

1. In the event the Contractor identifies an RFI as critical to the progress of the project, Engineer will make every effort to reduce the RFI response time.

1.04 PRELIMINARY PROCEDURES
A. Engineer may initiate changes by submitting a Request for Proposal (RFP) to Contractor including the following information:

1. Detailed description of the Change, Products, and location of the change in the Project.

2. Supplementary or revised drawings or specifications.

3. Projected time span for making the change, and a specific statement if overtime work is authorized.

4. A specific period of time during which the requested price will be considered valid.

5. Such request is for information only, and is not an instruction to execute the changes, or to stop work in progress.

B. Contractor may initiate changes by submitting a Change Proposal to Engineer containing the following:

1. Description of proposed changes.

2. Reason for making changes.

3. Specific period of time during which requested price will be considered valid.

4. Effect on Total Contract Cost and/or Contract Time.

5. Documentation supporting any change in Total Contract Cost and/or Contract Time, as appropriate.

1.05 WORK CHANGE DIRECTIVE AUTHORIZATION
A. In lieu of a Request for Proposal (RFP), Engineer may issue a Work Change Directive Authorization for Contractor to proceed with a change for subsequent inclusion in a Change Order.

B. Authorization will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change and will designate method of determining any change in the Contract Sum and/or the Contract Time, as appropriate.

C. Engineer will sign and date the Work Change Directive Authorization as authorization for the Contractor to proceed with the changes.

D. Contractor may sign and date the Work Change Directive Authorization to indicate agreement with the terms.