Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 3 Exhibit C – Insurance Requirements
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant , their agents, representatives, or employees or subcontractors.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
Pollution Legal Liability
2. Minimum Limits of Insurance . Consultant shall maintain limits no less than:
A. General Liability: $2 ,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation and Employer’s Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers ’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
D. Pollution Legal Liability : $ 2,000,000 limit per occurrence , and annual aggregate.
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Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 3 Exhibit C – Insurance Requirements
3. Deductible and Self-Insured Retention. Any deductibles or self -insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City of Vallejo , its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant ; premises owned, occupied or used by the Consultant ; or automobiles owned, leased hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to this project, the Consultant ’s insurance coverage shall be primary insurance as respects the City of Vallejo , its officers, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
D. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days ’ prior written notice by certified mail, return receipt requested, has been given to the City.
F. The w orkers’ compensation and e mployer’s liability policy required hereunder shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
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Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 3 Exhibit C – Insurance Requirements
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
7. Subcontractors. Consultant shall include all sub contractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
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CONSENT CALENDAR 8.F.
DATE: September 8, 2026
TO: Mayor and Members of the City Council
FROM: Jason Ackley, Assistant to the City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE CONSULTANT
AND PROFESSIONAL SERVICES AGREEMENT WITH AKIN GUMP STRAUSS HAUER & FELD, LLP TO PROVIDE CONTINUED FEDERAL LEGISLATIVE CONSULTANT SERVICES AND INCREASE COMPENSATION BY $170,000 WITH A NEW NOT-TO- EXCEED TOTAL AMOUNT OF $350,000 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving a first Amendment to the Consultant and Professional Services Agreement with Akin Gump Strauss Hauer & Feld, LLP to provide continued federal legislative consultant services and increase compensation an additional $170,000 for a new not-to-exceed total of $350,000, and authorize the City Manager to execute same.
REASONS FOR RECOMMENDATION
Approval of this amendment provides continuity for legislative support and advocacy efforts. Akin Gump provides the City with professional services in support of the City's legislative and grant funding priorities.
BACKGROUND AND DISCUSSION
Akin Gump has been contracted to provide legislative support to the City of Vallejo since April 2020.
Additionally, Akin Gump has provided similar support to the Solano Transportation Authority (STA) and related entities pursuant to a separate contract since 2007. As a member of the Joint Powers Authority, the City of Vallejo is a party to the professional services agreement with Akin Gump and utilizes the firm's services via the cooperative STA agreement to establish and advocate for legislative priorities for the City of Vallejo related to transportation and transit infrastructure.
In April 2020, the City Manager entered into a separate Consultant and Professional Services Agreement with Akin Gump to expand legislative support to include the City's economic development, water, housing, and public safety legislative priorities.
The current agreement with Akin Gump, which is viable until June 30, 2027, is for a not-to-exceed amount of $180,000. City Staff recommends continuing the relationship with Akin Gump, and are requesting authorization to amend the current agreement to increase compensation by $170,000 in additional funds to continue service through FY2026-2027.
FISCAL IMPACT
The services covered by this Agreement are budgeted for in the City Manager's Office budget for FY 2026- 2027. Funding for the services provided in future fiscal years would be requested as part of future annual budgets.
ENVIRONMENTAL REVIEW
Date: September 8, 2026
Subject: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE CONSULTANT
AND PROFESSIONAL SERVICES AGREEMENT WITH AKIN GUMP STRAUSS
HAUER & FELD, LLP TO PROVIDE CONTINUED FEDERAL LEGISLATIVE CONSULTANT SERVICES AND INCREASE COMPENSATION BY $170,000 WITH A NEW NOT-TO-EXCEED TOTAL AMOUNT OF $350,000 AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. RESO AkinGump First Amendment - CAO Stamp
2. 25CM150 AKIN GUMP STRAUSS HAUER & FELD LLP Consulstant and Professional Services Agreement
CONTACT
Jason Ackley, Assistant to the City Manager (707) 648-4577 [email protected]
RESOLUTION NO. 2_-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE FIRST
AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH
AKIM GUMP STRAUS HAUER & FELD, LLP TO INCREASE COMPENSATION FOR A NEW NOT-TO-EXCEED AMOUNT OF $350,000 THROUGH JUNE 30, 2027
WHEREAS, Akin Gump Straus Hauer & Feld, LLP (Consultant) has been contracted to provide legislative support to the City of Vallejo (City) since April of 2020 to establish and advocate for legislative priorities for the City; and
WHEREAS, the City wishes to retain the services of Consultant through the remainder of Fiscal Year 26/27 and additional funding is necessary to compensate Consultant for its continued provision of services.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the First Amendment to the Consultant and Professional Services Agreement between the City of Vallejo and Akin Gump Straus Hauer & Feld, LLP to increase the compensation by $170,000 for a new not-to-exceed amount of THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($350,000) and authorizes the City Manager to execute same.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on ______________, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST
ANDREA SORCE, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
0DU
30
Date Originated:
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Consultant and Professional Services Agreement Page 1 of 10
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this March , 2025, by and between the City of Vallejo, a municipal corporation ("City"), and Akin Gump Straus Hauer & Feld, LLP, a Limited Liability Partnership, hereinafter referred to as “Consultant”, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work” attached hereto and incorporated herein by reference.
2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation” attached hereto and incorporated herein by reference. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, officer, official, director, agent, volunteer, affiliate, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law with the exception of the negligence or willful misconduct of the City.
The provisions of this section shall survive the expiration or termination of this Agreement.
5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Consultant” attached hereto and incorporated herein by reference. Failure to 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement Page 2 of 10 maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Consultant is an independent contractor.
Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement Page 3 of 10 and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
10. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.
11. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
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Consultant and Professional Services Agreement Page 4 of 10
12. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
13. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant or its subcontractors Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
14. Consultant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
15. Term. The term of this Agreement shall commence on January 1, 2025 and shall continue in full force and effect until June 30, 2027.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed five years. Notwithstanding the above, Consultant may be compelled to withdraw from providing services sooner than the designated notice or other time period by applicable rules or other laws.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
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Consultant and Professional Services Agreement Page 5 of 10
16. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.
Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
17. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
18. Other Rights. For the avoidance of doubt, City and Consultant shall each retain all intellectual property that they owned prior to the start of any engagement, and this agreement shall not be interpreted or construed to grant a party any rights, title interest or license in the other party’s pre-existing intellectual property. Nothing in this Agreement shall be construed to (i) waive Consultant’s rights with respect to its own confidential and privileged materials (e.g. intrafirm communications with City’s general counsel’s office) or (ii) prohibit Consultant from retaining copies of 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement Page 6 of 10 its work product for its use, including administrative and accounting records, conflicts and new business intake materials, internal documents, attorney notes, firm form files, and materials and/or communications not related to the substance of the Services.
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.
20. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance, which may be withheld for any reason or no reason whatsoever. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
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Consultant and Professional Services Agreement Page 7 of 10 Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to CITY: Andrew Murray
City Manager
555 Santa Clara Street
Vallejo, CA 94590
If to CONSULTANT: Susan Lent
Partner
Akin Gump Strauss Hauer & Feld, LLP
2001 K Street NW
Washington, DC 20006
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement Page 8 of 10 Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California
without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. 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 terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neutral, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings . 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.
31. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement Page 9 of 10 indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.
A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
32. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
33. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
34. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
35. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
36. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.
37. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement Page 10 of 10 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
Akin Gump Strauss Hauer & Feld, LLP
a Limited Liability Partnership
By:
Susan Lent
Partner
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Andrew Murray
City Manager
DATE:
ATTEST:
By:
Dawn Abrahamson
City Clerk
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
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Consultant and Professional Services Agreement Page 1 of 2
EXHIBIT A
SCOPE OF WORK
1. Representatives. The City Representative for this Agreement is:
Jason Ackley, Assistant to the City Manager
555 Santa Clara Street
Vallejo, CA 94590
(707) 648-4577
[email protected]
The Consultant’s Representative for this Agreement is:
Susan Lent, Partner
Akin Gump Strauss Hauer & Feld, LLP
2001 K Street N.W.
Washington, D.C. 20006
(202) 887-4559
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.
2. Services to be Provided. Consultant has various services that City can utilize as needed:
x Developing comprehensive strategic and tactical plans to achieve specific legislative, policy or regulatory objectives at all levels of government in the United States and internationally.
x Direct advocacy with government decision-makers.
x Forming and coordinating professional teams (e.g., media, local counsel and/or other consultants) to advance client objectives at a single level of government or in multiple government venues (e.g., state/federal, multistate and international). x Supporting advocacy by client government relations staff. x Drafting, analyzing and monitoring legislation, policy and regulations. x Legislative and oversight investigation, including witness hearing preparation. x Forming and managing coalitions.
x Managing and organizing grassroots and grasstops lobbying efforts. x Advocacy related to mergers and acquisitions.
x Planning and communicating public policy initiatives. x Counseling on election law, ethics rules and political compliance. x Advocacy and managing state referenda and initiatives. 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement Page 2 of 2
3. Time for Performance. Consultant will perform the services according to the schedule below. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.
4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.
Key personnel are as follows: Susan Lent; Dario Frommer. 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement Page 1 of 3 Exhibit B - Compensation
EXHIBIT B
COMPENSATION
1. Consultant’s Compensation.
A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed ONE HUNDRED AND EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($180,000.00).
Consultant shall notify City in writing no later than thirty (30) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.
City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement upon satisfactory completion of the services and delivery of the work product as follows:
x $10,000 per month.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
2. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
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Consultant and Professional Services Agreement Page 2 of 3 Exhibit B - Compensation
3. Payments to Consultant.
A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed. Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Consultant shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to Consultant for correction. City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.
D. Request for payment shall be sent to:
Narcissa Wilson, Executive Secretary
City of Vallejo, City Manager’s Office
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
4. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.
The obligations of Consultant under this section shall survive this Agreement.
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Consultant and Professional Services Agreement Page 3 of 3 Exhibit B - Compensation
5. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City. 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement Page 1 of 3 Exhibit C – Insurance Requirements
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Consultant under this agreement.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $100,000 per accident for bodily injury and property damage.
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Consultant and Professional Services Agreement Page 2 of 3 Exhibit C – Insurance Requirements
C. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
3. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, its elected and appointed officers, officials, employees, agents, contractors and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its elected and appointed officers, officials, employees, agents contractors or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo its elected and appointed officers, officials, employees, agents contractors or volunteers before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured.
C. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its elected and appointed officers, officials, employees, agents, contractors and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
D. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
E. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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Consultant and Professional Services Agreement Page 3 of 3 Exhibit C – Insurance Requirements
F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
4. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
5. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
6. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
7. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required herein, are canceled or Consultant otherwise ceases to be insured as required herein. 'RFXVLJQ(QYHORSH,'
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This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04-01-2 Policy No. 71740180 Endorsement No.
Premium $ Incl.Insured AKIN GUMP STRAUSS HAUER & FELD LLP Insurance Company 9LJLODQWInsurancH Company
Countersigned By
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
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1983 National Council on Compensation Insurance.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION FOR WHOM
THE NAMED INSURED HAS AGREED BY
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For policies or exposure in Missouri:
Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. 4VSHYGIV'ST]
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CONSENT CALENDAR 8.G.
DATE: September 8, 2026
TO: Mayor and Members of the City Council
FROM: Leonard Job, Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING AN ON-CALL FIRE APPARATUS SERVICES AGREEMENT WITH I-505 TRUCK REPAIR, LLC IN AN AMOUNT NOT TO EXCEED $300,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving an on-call fire apparatus services agreement with I-505 Truck Repair, LLC for apparatus repairs in an amount not to exceed $300,000 and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
To continue repair efforts on fire apparatuses in a timely manner, an on-call services agreement is needed. It is in the City’s best interests to award a contract to I-505 Truck Repair, LLC for an amount not to exceed $300,000.
BACKGROUND AND DISCUSSION
The Public Works Department, Fleet Section, is responsible for maintaining and repairing the City’s fleet. The City currently utilizes one other vendor that concentrates on repairs to fire apparatuses. To ensure continuity of service and avoid disruptions to the City’s ability to obtain specialized repairs for critical Fire Department apparatuses, staff have identified the need for an additional qualified vendor to provide greater flexibility and maintain timely repair services.
I-505 Truck Repair, LLC specializes in Cummins engines and related fire equipment used by the City’s fleet.
The vendor is also locally based, allowing for faster turnaround times, reduced transportation costs, and minimized operational disruptions.
In addition to the vendor’s familiarity with Cummins engines and specialized fire apparatus equipment, due to the urgency of returning these emergency response vehicles to operational status, the time and cost associated with the solicitation of multiple quotes were determined to be impractical. Obtaining additional quotes would have required staff to transport apparatuses to multiple out-of-town repair facilities for assessments, each typically involving evaluation fees, which would result in additional delays and postponed completion of critical repairs. I-505 Truck Repair, LLC has knowledge of the engines and equipment installed in the City’s fire apparatuses and has the ability to provide timely repair services. Furthermore, pursuant to Vallejo Municipal Code Section 3.20.090 (A)(12) the procurement of these services without additional competitive quotations is in the best interests of the City for the reasons described above.
Date: September 8, 2026
Subject: ADOPT A RESOLUTION APPROVING AN ON-CALL FIRE APPARATUS SERVICES AGREEMENT WITH I-505 TRUCK REPAIR, LLC IN AN AMOUNT NOT TO EXCEED $300,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Staff recommend awarding an on-call fire apparatus services agreement to I-505 Truck Repair, LLC for an amount not to exceed $300,000. Failure to approve the proposed agreement would significantly limit the City’s ability to perform necessary repairs to the Fire Department’s apparatuses and related equipment, potentially resulting in extended downtime for emergency response vehicles and reduced operational readiness.
FISCAL IMPACT
Payment for services to be provided under this agreement with I-505 Truck Repair, LLC will come from City Council approved annual appropriation to the Fleet Maintenance Fund (#501).
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. RESO Approving Agreement - I-505 Truck Repair LLC_CAO Stamp
2. I-505 Truck Repair LLC - On Call Service Agreement_CAO Stamp (1)
CONTACT
Leonard Job, Public Works Director, 707-648-4433
[email protected]
RESOLUTION NO. 26-______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING AN ON-CALL FIRE APPARATUS SERVICES AGREEMENT WITH I-505 TRUCK REPAIR, LLC IN AN AMOUNT NOT TO EXCEED $300,000 AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME
WHEREAS, to ensure continuity of service and avoid disruptions in the City’s ability to obtain specialized repairs for critical Fire Department apparatuses, staff have identified the need for an additional qualified vendor; and
WHEREAS, I-505 Truck Repair, LLC specializes in Cummins engines and related fire equipment used by the City’s fleet and is locally based; and
WHEREAS, in addition to the vendor’s familiarity with Cummins engines and specialized fire apparatus equipment, due to the urgency of returning these emergency response vehicles to operational status, the time and cost associated with solicitating multiple quotes were determined to be impractical; and
WHEREAS, in order to continue repair efforts on fire apparatuses, staff is recommending approval of an On-Call Fire Apparatus Services Agreement in the total amount not to exceed $300,0000 over the term of the Agreement.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby finds that in accordance with Vallejo Municipal Code Section 3.20.090(A)(12), it is in the best interest of the City to enter into this On-Call Fire Apparatus Services Agreement because of an existing need for an additional qualified vendor to provide greater flexibility and maintain timely repair services on fire apparatuses.
BE IT FURTHER RESOLVED that the City Council hereby approves the On-Call Fire Apparatus Services Agreement by and between the City of Vallejo and I-505 Truck Repair, LLC in an amount not to exceed $300,000.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute same, with any modifications recommended by the City Attorney and the City Clerk to attest the signing of that Agreement.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on September 8, 2026, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST
ANDREA SORCE, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
ON-CALL FIRE APPARATUS SERVICES AGREEMENT
This On-Call Fire Apparatus Services Agreement (“Agreement”) is made at Vallejo, California, dated for reference this 9th day of September 2026, by and between the City of Vallejo, a municipal corporation (“City”), and I-505 Truck Repair, LLC, a California limited liability company, hereinafter referred to as “Service Provider”, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Service Provider shall provide the City services including but not limited to diagnostic troubleshooting of vehicles, apparatus and equipment, tests and calibrations, mechanical repairs as specified in Exhibit A, entitled “Scope of Work.”
2. Payment. City shall pay Service Provider for services rendered pursuant to this agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Service Provider for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Service Provider shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. Service Provider shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Service Provider’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Service Provider’s operations, or any subcontractor’s operations, to be performed under this agreement for Service Provider’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Service Provider, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
Service Provider shall also indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Service Provider’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Service Provider’s operations, or any subcontractor’s operations, related to costs or benefits associated with
California Public Employment Retirement System (CalPERS) membership where Service Provider supplies a CalPERS member who CalPERS determines is subject to enrollment.
The provisions of this section shall survive the expiration or termination of this Agreement.
5. Insurance Requirements. Service Provider agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Service Provider.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Service Provider shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Service Provider warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Service Provider’s family, business, real property or financial interests and the services to be provided under this Agreement. Service Provider shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Service Provider’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Service Provider shall disclose such conflict in writing to City. Every individual who performs services on behalf of Service Provider pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Service Provider is an independent contractor. Neither Service Provider nor any of Service Provider’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Service Provider only insofar as the results of Service Provider’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Service Provider accomplishes services pursuant to this Agreement.
9. Licenses, Permits, Etc. Service Provider represents and warrants to City that all Service Provider services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Service Provider has all the permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Service Provider to practice its profession.
10. Business License. Service Provider, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Service Provider until such business license(s) has been obtained.
11. Standard of Performance. Service Provider shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Service Provider’s profession currently practicing in California.
Service Provider is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation, applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Service Provider is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Service Provider is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Service Provider of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Service Provider.
Service Provider’s responsibilities under this section shall not be delegated. Service Provider shall be responsible to City for acts, errors, or omissions of Service Provider’s subcontractors.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Service Provider is unable to meet the completion date or schedule of services, Service Provider shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Service Provider agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Service Provider pursuant to this Agreement shall be the full and complete compensation to which Service Provider and Service Provider’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Service Provider nor Service Provider’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Service Provider. The City shall not be required to pay any workers’ compensation insurance on behalf of Service Provider.
Service Provider shall pay, when and as due, any and all taxes incurred as a result of Service Provider’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
15. General Prohibition on Assignment of CalPERS Members and Annuitants.
Service Provider shall not hire, employ, or use, as an employee, subcontractor or agent of Service Provider (Assigned Individual) any California Public Employment Retirement System (CalPERS) member or annuitant in connection with the provision of services under this Agreement. Nor shall Service Provider allow any of its subcontractors, agents, or other representatives to employ CalPERS members or annuitants for the purpose of performing work under this Agreement. Failure to comply with the provisions of this section shall constitute a material breach of Service Provider’s obligations under this Agreement and shall be grounds for termination.
The City Manager and the Human Resources Director may together approve an exception which they determine either: (i) meets the requirements of CalPERS relating to Independent Contractors; or (ii) where such Assigned Individual who is an Annuitant, has not, and will not, exceed 960 total hours in a fiscal year (July 1 to June 30) for all CalPERS
employers combined, and satisfies all other CalPERS annuitant requirements. No Assigned Individual, regardless of CalPERS membership at the time the labor is provided, may exceed 1,000 hours in a fiscal year (July 1 to June 30).
16. Service Provider Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Service Provider shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Service Provider shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
17. Term. The term of this Agreement shall commence on September 9, 2026, and shall continue in full force and effect until June 30, 2028.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Service Provider. The total duration of this Agreement, including the exercise of any options under this section, shall not extend beyond June 30, 2029.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to effect such continued payment are not appropriated, Service Provider agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
18. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Service Provider. Upon receipt of a notice of termination, Service Provider shall perform no further work except as specified in the notice. Before the date of termination, Service Provider shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Service Provider for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Service Provider for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Service Provider for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
19. Products of Service Provider. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other
work products, whether complete or incomplete, of Service Provider resulting from services rendered pursuant to this Agreement, shall become the property of City. Service Provider agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Service Provider makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Service Provider in the performance of Service Provider’s services hereunder.
21. Assignment and Subcontracting. Service Provider shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Service Provider shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Service Provider. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Service Provider to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Service Provider’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
22. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
23. Non-Discrimination/Fair Employment Practices.
(a) Service Provider shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of
any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Service Provider warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Service Provider for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Service Provider of Service Provider’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Service Provider shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Service Provider agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
24. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Leonard Job
Public Works Director
City of Vallejo- Public Works Dept.
555 Santa Clara Street
Vallejo, CA 94590
If to Service Provider: Ryan Ruffer
Fleet Manager
I-505 Truck Repair, LLC
251 Crocker Dr
Vacaville, CA 95688
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
25. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
26. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
27. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
28. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
29. Ambiguity. 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 terms and conditions of this Agreement are not to be construed against any party on the basis of such party’s draftsmanship thereof.
30. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
31. Headings. 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.
32. Compliance with Laws. Service Provider will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
33. Confidentiality of City Information. During the performance of services under this Agreement, Service Provider may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as “City Information”) which are valuable, special and unique assets of the City. Service Provider agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Service Provider’s scope of work , to
protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Service Provider shall treat all records and work product prepared or maintained by Service Provider in the performance of this Agreement as confidential.
A violation by Service Provider of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Service Provider’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
34. News and Information Release. Service Provider agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
35. City Representative. The City Representative specified in Exhibit A, or the representative’s designee, shall administer this Agreement for the City.
36. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
37. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise. Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement.
The failure to send an original shall not affect the binding nature of this Agreement.
38. Authority. The person signing this Agreement for Service Provider hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Service Provider.
39. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
I-505 TRUCK REPAIR, LLC
a California limited liability company
BY:____________________
Ryan Ruffer
Fleet Manager
DATE: __________________
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:___________________________
Harry E. Black
Interim City Manager
DATE: _____________________
ATTEST:
___________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
___________________________
Leonard Job
Public Works Director
APPROVED AS TO FORM:
___________________________
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
___________________________
Armond Sarkis
Risk Manager
EXHIBIT A - SCOPE OF WORK
1. Representatives. The City Representatives for this Agreement are:
Luis Marrero, Fleet Parts Specialist
Vallejo Corporation Yard
111 Amador Street
Vallejo, CA 94590
[email protected]
The Service Provider’s Representative for this Agreement is:
Ryan Ruffer
I-505 Truck Repair, LLC
251 Crocker Dr
Vacaville, CA 95688
(707) 316-8900
[email protected]
All routine administrative communication between the parties will be between the above- named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Service Provider’s Representative and City’s Representative.
2. Services to be Provided. Service Provider shall provide repair and maintenance services to fire apparatuses and associated equipment for the City on an on-call, as- needed basis, including, but not limited to, the following:
a) Diagnostic troubleshooting of apparatuses and associated equipment, including performing applicable inspections, tests and calibrations.
b) Completing mechanical repairs, including repairing or replacing unserviceable parts, assemblies, subassemblies and components; refinishing, fabricating parts, making modifications; repairing accessories and auxiliary equipment; providing, issuing, and adding all replenishment fluids/ lubricants (engine oils, transmission, brake and hydraulic fluids, gear lubricants, coolants, etc.) per industry standards.
c) Service Provider shall repair all units to meet both City and industry standards in compliance with operating manuals and manufacturer guidelines.
d) Service Provider shall provide to City, when applicable, material and workmanship warranty documentation.
Upon request by City to perform any of the services identified above, Service Provider shall provide City a price estimate for the specific project being
requested, including the estimated time to complete the project. Service Provider shall not commence work until City has agreed to the price estimate and provided a written notice to proceed.
3. Time for Performance. Service Provider shall perform requested services upon receipt of written notice(s) to proceed according to the schedule(s) identified in said notice(s). If the schedule calls for the services to be performed in phases or discrete increments, Service Provider shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.
EXHIBIT B - COMPENSATION
1. Compensation. City agrees to pay Service Provider, at the rate below for the services set in Exhibit A, for a total not to exceed Three Hundred Thousand Dollars ($300,000.00).
Price is to include all costs chargeable to the City.
Service Provider shall notify City in writing no later than thirty (30) days prior to the estimated date when Service Provider will have billed City the maximum payment amount permitted under this Agreement, and Service Provider shall provide City with an estimate of the additional compensation required to complete the project.
Service Providers hourly rate for labor is $235.00 per hour. Materials and supplies will be invoiced at market rate at time of order.
2. Invoicing. Service Provider shall invoice City in a timely manner upon completion of each service provided in a form approved by the City Representative.
Invoices shall contain the following information:
A. Invoice number and date of invoice
B. City Purchase Order (PO) number
C. Remit to address
D. Vehicle make, model, series, license number, and vehicle mileage E. Description of all work performed
F. Itemized list of parts including part numbers
G. Total labor hours at the hourly labor rate
H. Total cost for labor and parts including sales tax on parts/materials payable by the City
I. Attached copy of approved quotation
J. An acceptable proof of delivery
Invoices shall be emailed/submitted to: [email protected]
3. Payment. City agrees to pay Service Provider for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, within thirty (30) days after the City has approved the invoice upon satisfactory completion of the services.
Request for payment shall be sent according to the direction provided by the City representative who ordered the specific service(s).
4. Accounting Records of Service Provider. Service Provider shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Service Provider’s direct salary costs for all services performed under this Agreement and records of Service Provider’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Service Provider shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Commented [LZ1]: Please spell check. This
can’t be right.
Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice. The obligations of Service Provider under this section shall survive this Agreement.
5. Taxes. Service Provider shall pay, when and as due, any and all taxes incurred as a result of Service Provider’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6. Taxpayer Identification Number. Service Provider shall provide City with Service Provider’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
EXHIBIT C – INSURANCE REQUIREMENTS
The Service Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, his/her agents, representatives, employees or subcontractors. Such insurance shall not be construed to relieve the Service Provider of any liability in excess of such coverage. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Service Provider under this Agreement.
A. Minimum Scope of Insurance Coverage shall be at least as broad as:
1. Comprehensive General Liability Insurance Services.
2. Automobile Liability insurance.
3. Garage keeper’s legal liability insurance.
B. Minimum Limits of Insurance
Service Provider shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence, $1,000,000 general aggregate for bodily injury, personal injury, and property damage including blanket contractual liability. $2,000,000 completed operations aggregate that shall extend a minimum of three (3) years beyond project completion.
2. Automobile Liability: $1,000,000 liability coverage per occurrence for bodily injury and property damage, including owned, non-owned and hired vehicles.
3. Garage keeper’s legal liability insurance with a minimum limit of equal to the value of the maximum number of automobiles that may be in the Service Provider’s custody.
C. Deductibles and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and accepted by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retention as respects the City, its officers, officials, employees and volunteers; or
the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
1. General Liability and Automobile Liability Coverage
a. The City must be named an additional insured on the ACORD form and on an endorsement form using the following language: “The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider, including the insured's general supervision of the Service Provider; products and completed operations of the Service Provider, premises owned, occupied or used by the Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers and the City, its officers, directors, employees and subcontractors.” b. The endorsement must state that the Service Provider's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers and the City, its officers, directors, employees and subcontractors shall be excess of the Service Provider's insurance and shall not contribute with it.
c Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers and the City, its officers, directors, employees and subcontractors. d. The Service Provider's coverage applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2. All Coverage
a. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A:VII.
F. Verification of Coverage
Service Provider shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and accepted by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
All verification of coverage and other insurance documents shall be mailed to the following address:
City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
G. Subcontractors
Service Provider shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
H. Cancellation or Non-Renewal
Policies must provide that notice of cancellation or non-renewal must be received by the City at least thirty days prior to such event.
I. Enforcement
The City of Vallejo may take any steps that are necessary to assure Service Provider's compliance with its obligations. Should any insurance policy lapse or be canceled during the Contract period the Service Provider shall, within thirty (30) days prior to the effective expiration or cancellation date, furnish the City of Vallejo with evidence of renewal or replacement of the policy. Failure to continuously maintain insurance coverage as herein provided is a material breach of Contract. In the event the Service Provider fails to maintain any insurance coverage required, the City of Vallejo may, but is not required to, maintain this coverage and charge the expense to the Service Provider or terminate Service Provider’s control over the work. The required insurance shall be subject to the review and acceptance of City of Vallejo, but any acceptance of insurance certificates by the City of Vallejo shall in no way limit or relieve the Service Provider of the Service Provider's duties and responsibilities under the Contract to indemnify, defend and hold harmless the City of Vallejo, its officers, agents, and employees. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Service Provider for liability in excess of such coverage, nor shall it preclude the City of Vallejo from taking other actions as is available to it under any other provision of the Contract or
law. Failure of the City of Vallejo to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at a later date.
J. Self-Insurance
Self-insurance programs and self-insured retentions in insurance policies are subject to separate annual review and acceptance by the City of Vallejo of evidence of the Service Provider’s financial capacity to respond. Additionally, self-insurance programs or retentions must provide the City of Vallejo with at least the same protection from liability and defense of suits as would be afforded by first-dollar insurance.
K. Payment Withhold
City will withhold payments to Service Provider if the certificates of insurance and endorsements required mentioned above are canceled or Service Provider otherwise ceases to be insured as required herein.
CONSENT CALENDAR 8.H.
DATE: September 8, 2026
TO: Mayor and Members of the City Council
FROM: Leonard Job, P.E., Public Works Director
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF VALLEJO: 1) FINDING THE 2026 CONCRETE IMPROVEMENTS PROJECT (PHASE 1 OF CAPE SEAL PROJECT; PROJECT NO. MP2026) CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(c) - "EXISTING FACILITIES"; 2) APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR THE PROJECT; 3) AWARDING A CONSTRUCTION CONTRACT TO FBD VANGUARD CONSTRUCTION, INC. OF LIVERMORE, CALIFORNIA, IN THE AMOUNT OF $1,334,550 AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, AND REJECTING ALL OTHER BIDS; AND 4) AUTHORIZING
THE CITY MANAGER TO EXECUTE THE CONTRACT
RECOMMENDATION
Adopt a Resolution of the City Council of Vallejo: 1) finding the 2026 Concrete Improvement Project (Phase 1 of Cape Seal Project; Project MP2026) categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c); 2) approving the Plans and Specifications for the Project; 3) approving and awarding a construction contract to FBD Vanguard Construction Inc., Livermore, California in the amount of $1,334,550 as the lowest responsive and responsible bidder and rejectingall other bids; and 4) authorizing the City Manager to execute the contract.
REASONS FOR RECOMMENDATION
The Project is part of the City's ongoing efforts to enhance and improve Vallejo's roads and is funded with Measure P and Senate Bill 1/Road Maintenance Rehabilitation Account (SB1/RMRA) revenues.
BACKGROUND AND DISCUSSION
The Public Works Department continues to implement the pavement improvement projects identified in the 10- Year Pavement Management Plan. The 2026 Concrete Improvements Project (Phase 1 of Cape Seal Project), Project No. MP2026, is the first of three construction projects that comprise the MP2026 Project. The two other projects are the 2026 Cape Seal Project (Phase 2) Project No. MP2026, and 2026 Street Rehabilitation Project (Phase 3) Project No. MP2026.
This staff report pertains to the 2026 Concrete Improvements Project (Phase 1 of Cape Seal Project), Project No. MP2026 (Project). Plans, specifications, and estimates (PS&E) for the Project were prepared by Nichols Consulting Engineers, Inc. (NCE) under the direction of the Public Works Director. The project was advertised for bid from May 29, 2026 to July 9, 2026 on the bidding platform Planet Bids, in accordance with Vallejo Municipal Code Section 3.20.130. The Plans, Specifications, and Addendum No. 1 are available for review through the hyperlinks provided in the proposed construction contract attached to this staff report.
On March 26, 2024, the City Council adopted Resolution No. 24-040 N.C., approving a Project Labor Agreement (PLA) with the Napa-Solano Building and Construction Trades Council and affiliated local unions.
The PLA applies to all City capital projects exceeding $750,000. Because the engineer’s estimate for this project exceeded that threshold, the contract includes the requirement to comply with the PLA agreement.
Date: September 8, 2026
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF VALLEJO: 1) FINDING THE 2026 CONCRETE IMPROVEMENTS PROJECT (PHASE 1 OF CAPE SEAL PROJECT; PROJECT NO. MP2026) CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(c) - "EXISTING FACILITIES"; 2) APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR THE PROJECT; 3) AWARDING A CONSTRUCTION CONTRACT TO FBD VANGUARD CONSTRUCTION, INC. OF LIVERMORE, CALIFORNIA, IN THE AMOUNT OF $1,334,550 AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, AND REJECTING ALL OTHER BIDS; AND 4) AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT
BID RESULTS
Bids were opened on July 9, 2026, and publicly read by the Deputy City Clerk. The City received four (4) bids and the results of the bids, ranked from lowest to highest, are as follows:
Bid Order Contractor Total Bid Amount
1 FBD Vanguard Construction, Inc. $1,334,550
2 Ghilotti Bros, Inc. $1,389,640
3 Sposeto Engineering Inc. $1,479,426
4 Kerex Engineering $1,748,265
Staff has determined that FBD Vanguard Construction Inc., of Livermore, California, is the lowest responsive and responsible bidder and recommends award of a construction contract in the amount of $1,334,550 for the construction of the Project. All bid documents were reviewed and found complete and in order.
FISCAL IMPACT
This Project is funded through Council-approved Capital Improvement Program (CIP) appropriations for Project MP2026 – MP Street Project and Project PW9705 – ADA Curb Ramps.
Through the FY 2025-26 budget adoption process, City Council approved an initial Measure P allocation of $1 million for project design services. Subsequently, on February 24, 2026, City Council adopted Resolution No. 26-016, allocating an additional $11 million in Measure P funding for project construction. Through the FY 2026-27 budget adoption process, City Council also approved a $1 million allocation of SB1/RMRA funding to Project PW9705 – ADA Curb Ramps.
Of the total funding approved for the three projects, staff allocated $1,943,000 to the construction contract for the Project, which consists of ADA curb ramp improvements.
Estimated project budget and expenditures are as follows:
Description Budget Expense
Measure P Fund (#228); Project
MP2026 - MP Street Project
$ 943,000
Date: September 8, 2026
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF VALLEJO: 1) FINDING THE 2026 CONCRETE IMPROVEMENTS PROJECT (PHASE 1 OF CAPE SEAL PROJECT; PROJECT NO. MP2026) CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(c) - "EXISTING FACILITIES"; 2) APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR THE PROJECT; 3) AWARDING A CONSTRUCTION CONTRACT TO FBD VANGUARD CONSTRUCTION, INC. OF LIVERMORE, CALIFORNIA, IN THE AMOUNT OF $1,334,550 AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, AND REJECTING ALL OTHER BIDS; AND 4) AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT
SB1/RMRA Fund (#226); Project
PW9705 - ADA Curb Ramps
$ 1,000,000
Design Support During
Construction
($ 27,000.00)
Staff Time ($ 447,995.00)
Construction ($ 1,334,550.00)
Contingency - 10% ($ 133,455.00)
Total $ 1,943,000 ($ 1,943,000.00)
ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(c) "Existing Facilities", which includes the repair and maintenance of existing highways, streets, sidewalks, gutters, and similar facilities, and other alterations such as safety enhancements, high-visibility crosswalks, and warning signage.
ATTACHMENTS
1. Resolution.Awarding.MP2026.Cycle2.FBDVCInc.$1334550_CAO Stamp
2. MP 2026 -Contract Concrete Improvements_CAO Stamp
CONTACT
Leonard Job, P.E., Public Works Director (707) 648-4433 [email protected]
RESOLUTION NO. 26-______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO: 1) FINDING THE 2026 CONCRETE IMPROVEMENTS PROJECT (PHASE 1 OF CAPE SEAL PROJECT)
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(c) - "EXISTING FACILITIES"; 2) APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR THE PROJECT; 3) AWARDING A CONSTRUCTION CONTRACT TO FBD VANGUARD CONSTRUCTION, INC. OF LIVERMORE, CALIFORNIA, IN THE AMOUNT OF $1,334,550 AS
THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER AND REJECTING ALL OTHER BIDS; AND 4) AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT
WHEREAS, the proposed street segments included in the 2026 Concrete Improvements Project (Phase 1 of Cape Seal Project) (“Project”) were identified through the City of Vallejo’s (City’s) pavement management program and field evaluations conducted by Public Works staff and Nichols Consulting Engineers, Inc. (NCE). These segments were prioritized due to their deteriorating pavement conditions, which, if left unaddressed, would continue to decline and require more extensive and costly reconstruction in the future; and
WHEREAS, the 2026 Concrete Improvements Project (Phase 1 of Cape Seal Project), Project No. MP2026 (Project). Plans, specifications, and estimates (PS&E) for the Project were prepared by NCE under the direction of the Public Works Director. The project was advertised for bid from May 29, 2026, through July 9, 2026, on the bidding platform PlanetB ids, in accordance with Vallejo Municipal Code Section 3.20.130 ; and
WHEREAS, on March 26, 2024, the City Council adopted Resolution No. 24-040 N.C., approving a Project Labor Agreement (PLA) with the Napa-Solano Building and Construction Trades Council and its affiliated local unions, which applies to City capital projects exceeding a threshold of $750,000 and, because the engineer’s estimate for this project exceeds that threshold, the contract incorporates the PLA; and
WHEREAS, on July 9, 2026, four (4) sealed bids were received, opened, and publicly read by the Deputy City Clerk; and
WHEREAS, FBD Vanguard Construction Inc. submitted the lowest responsive and responsible bid in the amount of $1,334,550.00; and
WHEREAS, the Plans and Specifications were presented to and considered by the City Council at a regular meeting held on September 8, 2026. The Plans and Specifications are attached to the following Link – https://vallejo.files.com/f/00291d4c4045885e; and
WHEREAS, projects involving the repair and maintenance of existing highways and streets, sidewalks, gutters, and similar facilities (including road grading for public safety), as well as alterations such as the addition of safety enhancement facilities—including but not limited to
2 high-visibility crosswalks and advanced warning signs—are categorically exempt from environmental review pursuant to Section 15301(c) of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby finds that the proposed street segments (2026 Concrete Improvements Project (Phase 1 of Cape Seal Project) is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15301(c) because the project involves the repair and maintenance of existing streets and sidewalks, including the addition of safety enhancement facilities.
BE IT FURTHER RESOLVED that the City Council of Vallejo, having reviewed the Plans and Specifications for the 2026 Concrete Improvements Project (Phase 1 of Cape Seal Project), hereby approves and adopts said Plans and Specifications.
BE IT FURTHER RESOLVED that the Project budget is set forth in the table below:
Description Budget Expense
Measure P Fund (#228) ; Project
MP2026 - MP Street Project
$ 943,000
SB1/RMRA Fund (#226); Project
PW9705 - ADA Curb Ramps
$ 1,000,000
Design Support During
Construction
($ 27,000.00)
Staff Time ($ 447,995.00)
Construction ($ 1,334,550.00)
Contingency - 10% ($ 133,455.00)
Total $ 1,943,000 ($ 1,943,000.00)
BE IT FURTHER RESOLVED that an invitation for bids was duly advertised on May 29, 2026, and bids were received on July 9, 2026.
BE IT FURTHER RESOLVED that FBD Vanguard Construction, Inc., having submitted the lowest responsive and responsible bid, is hereby awarded a contract in the amount of $1,334,550.00.
The bid summary is as follows:
3 Bid Order Contractor Total Bid Amount
1 FBD Vanguard Construction, Inc. $1,334,550
2 Ghilotti Bros, Inc. $1,389,640
3 Sposeto Engineering Inc. $1,479,426
4 Kerex Engineering $1,748,265
The remaining bids 2, 3, and 4 are hereby deemed rejected upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the construction contract between the City of Vallejo and FBD Vanguard Construction, Inc., in the amount of $1,334,550.00, with any modifications as recommended by the City Attorney, and that the City Clerk shall attest to the signing of the contract.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute future Contract Change Orders not to exceed the approved Project budget.
Adopted by the City Council of the City of Vallejo at a regular meeting held on September 8, 2026, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
1 CONTRACT
for
CITY OF VALLEJO
2026 Concrete Improvements (Phase 1 of Cape Seal Project) PROJECT NO. MP-2026
THIS CONTRACT (“Contract”) made and entered into this 9th day of September 2026, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, hereinafter called City, and FBD Vanguard Construction Inc., hereinafter called CONTRACTOR.
WITNESSETH:
WHEREAS, the City Council of said City heretofore caused Plans and Specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said Plans and Specifications; and
WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said Plans and Specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and
WHEREAS, Contractor was the lowest responsive and responsible bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsive and responsible bidder for the work and award a contract, therefore.
NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:
1. SCOPE OF WORK
The work to be done, in general terms, consists of:
Furnishing all labor, materials, equipment, incidentals and services for the construction and completion of the 2026 Concrete Improvements Project (Phase 1 of Cape Seal Project ). The work includes but is not limited to:
• Adjusting utility covers to grade if needed
• Removing and installing concrete curb and gutter
• Removing and installing ADA compliant curb ramps (various cases) • Additional minor concrete improvements for curb ramps and sidewalks if needed • Removing and installing pedestrian push button and pole
2 The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown on the Plans and as provided for and set forth in said Plans, Specifications, and any addenda that were issued prior to the date of bid, which said Plans and Specifications are hereby referred to by such reference, incorporated herein, and made a part of this Contract.
The following documents shall constitute the Contract Documents:
(a) This Contract:
(i) Exhibit A – Compensation;
(ii) Exhibit B – Sample Contract Change Order;
(iii) Exhibit C – Insurance Requirements;
(iv) Exhibit D – Faithful Performance Bond;
(v) Exhibit E – Payment (Labor and Materials) Bond;
(vi) Exhibit F – Prevailing Wage Requirements;
(vii) Appendix A – Project Location;
(viii) Appendix B – Project Labor Agreement for the City of Vallejo; (b) Plans, prepared by Public Works - Engineering and entitled Plans for 2026 Concrete Improvements Project (Phase 1 of Cape Seal Project), signed and stamped by the City Engineer on May 28, 2026;
(c) Specifications signed and stamped by the City Engineer on May 28, 2026; (d) Standard Specifications of the State of California, Department of Transportation dated 2025;
(e) City of Vallejo Standard Specifications and Standard Drawings dated December 20, 2011;
(f) Vallejo Flood & Wastewater District Engineering Design Standards dated July 2020, and Engineering Standard Details, dated July 2020; and
(g) Any other documents identified as such in the Contract Documents.
2. TERMS AND CONDITIONS
This Contract consists of the Contract Documents identified in subsections (a) through (g) of Section 1 above, all of which are incorporated herein by reference as though set forth in full, and all of which are part of this Contract, and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with the Plans and Specifications, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with said Plans and Specifications.
3. Contractor agrees to receive and accept the prices set forth in its proposal in an amount not to exceed ONE MILLION THREE HUNDRED THIRTY -FOUR THOUSAND FIVE HUNDRED FIFTY DOLLARS AND ZERO CENTS ($1,334,550) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the
3 action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them.
By my signature as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
Pursuant to Section 1770, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are attached herein as Exhibit F. The Contractor shall forfeit, as penalty to the City, One hundred Dollars ($100.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.
City shall pay Contractor the sums set forth in its Proposal in accordance with all of the terms and conditions of the Contract Documents.
The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.
The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.
[SIGNATURES ARE ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
CONTRACTOR CITY OF VALLEJO,
a municipal corporation
By: By:
Billie Sposeto, President Harry Black
City Manager
Date: ________________ Date: ____________________________
Attest:
By:
Dawn G. Abrahamson
City Clerk
Approved as to Content:
(City Seal) By:
Leonard Job, P.E.Public Works Director
Approved as to Form:
By:
Veronica A. F. Nebb
City Attorney
Approved as to Insurance:
By:
Armond Sarkis
Risk Manager
END OF CONTRACT
5 Exhibit A
6 END OF COMPENSATION
Exhibit A
7 CITY OF VALLEJO
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
CHANGE ORDER NO. SUPPL.NUMBER
CONTRACT NUMBER CO-RTE-PM FEDERAL NUMBER(S)
SAMPLE SAMPLE
To: C ont r act or ’ s Pr oj ect M a na ger
You are directed to make the following changes from the plans and specifications or do the following described work not included in the plans and specifications for this contract. NOTE: This change order is not effective until approved by the engineer.
Description of work to be done, estimate of quantities, and process to be paid. (Segregate between additional work at contract price, agreed price, and force account.) Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Item List.
This change order modifies and amends the provisions of that certain Contract dated _________________ by and between the City of Vallejo and _________________________ (“Contractor”).
REFERENCE: Contract drawings, Sheet No.000; or other drawings attached.
CONTRACTOR IS HEREBY DIRECTED TO MAKE THE FOLLOWING CHANGES TO THE WORK:
Scope:
SAMPLE: In accordance with Section 4 -1.05, “Changes and Extra Work,” of the Standard Specifications, furnish the resources and activities required to complete the extra work described in this change order and as determined necessary by the engineer. Extra work includes the following:
Install drains that cross through and under the new sections of sidewalk at locations where there is an existing drain, but for which is not shown on the plans.
Reason for Change:
SAMPLE: During demolition of the existing sidewalk, the Contractor found drains running through and under the existing sidewalk to the face of curb, but which were not shown on the plans. This change order compensates the Contractor for replacing those drain pipes. See Attachment B
Method of Payment:
SAMPLE: Lump Sum payment of $00.00 per Extra Work Bill No. 000 See Attachment A
Time Adjustment:
SAMPLE: No Time Adjustment
By signing this Change Order, Contractor understands and agrees that it is accepting the specified sums and adjustment of contract time of completion (if any) set forth herein as full, final and complete satisfaction of any and all claims by Contractor for all costs and expenses of Contractor and anyone for whom Contractor may be responsible for the work referred to herein, including but not limited to costs or expenses of the Contractor or any of its subcontractors, materials Exhibit B
8 suppliers, vendors or anyone else for whom Contractor is responsible, for labor, materials, services or equipment, no matter how characterized, whether known or unknown to Contractor, including but not limited to, all field and home office overhead, delay costs/claims, acceleration costs/claims, unabsorbed or under -absorbed home office overhead, extended field costs, general conditions, claim preparation costs, inefficiencies, or the like, no matter how characterized.
Contractor further understands and agrees by signing this Change Order that any attempt by Contractor to purportedly reserve rights to claim additional time or compensation for the work referred to herein, is void.
ADJUSTMENT OF CONTRACT TIME OF
COMPLETION:
AGREED PRICE:
FORCE ACCOUNT:
BASE CONTRACT PRICE:
PREVIOUS CONTRACT CHANGE ORDER:
NEW ADJUSTED CONTRACT PRICE:
Execution of this Change Order by both parties constitutes a binding agreement. This document constitutes the entire agreement between the parties. The person signing this Change Order for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.
For this order, the time of completion will be adjusted as follows:
Add 15 working days
APPROVAL RECOMMENDED BY RESIDENT ENGINEER
SIGNATURE (PRINT NAME AND TITLE) DATE
Name., Resident Engineer 00/00/00
We, the undersigned contractor, have given careful consideration to the change proposed and agree to provide equipment, furnish materials, and perform the work specified above, and will accept as full payment the prices shown above. NOTE: If you do not sign this order, you are directed to proceed with the ordered work. You may file a Request for Information within the time specified.
CONTRACTOR ACCEPTANCE BY:
SIGNATURE (PRINT NAME AND TITLE) DATE
CITY OF VALLEJO SUBMITTED BY:
SIGNATURE (PRINT NAME AND TITLE) DATE
City Engineer
CITY OF VALLEJO APPROVAL RECOMMENDED BY:
SIGNATURE (PRINT NAME AND TITLE) DATE
CITY OF VALLEJO APPROVED BY:
SIGNATURE (PRINT NAME AND TITLE) DATE
9 CCO No. 0000
ATTACHMENT A
10 CITY OF VALLEJO
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
TO: FILE
CONTRACT
NO.
FROM: CO-RTE-PM
FED NO.
CHANGE ORDER NO. SUPPLEMENT NO. CONTINGENCY BALANCE (Including this change)
CHANGE ORDER AMOUNT FEDERAL APPROVAL REQUIRED? STATE APPROVAL REQUIRED?
SUPPLEMENTAL FUNDS PROVIDED DOES CHANGE COMPLY WITH ENVIRONMENTAL DOCUMENTS? $0
ORIGINAL
CONTRACT
WORKING DAYS
ADDITIONAL WORKING
DAYS PREVIOUSLY
APPROVED
TIME ADJUSTMENT
THIS CHANGE
(WDs)
NEW TOTAL
CONTRACT
WORKING DAYS
PERCENT TIME ADJUSTED
(including this change)
THIS CHANGE ORDER PROVIDES FOR:
Scope:
SAMPLE: In accordance with Section 4 -1.05, “Changes and Extra Work,” of the Standard Specifications, furnish the resources and activities required to complete the extra work described in this change order and as determined necessary by the engineer. Extra work includes the following: Install drains that cross through and under the new sections of sidewalk at locations where there is an existing drain, but for which is not shown on the plans.
Reason for Change:
SAMPLE: During demolition of the existing sidewalk, the Contractor found drains running through and under the existing sidewalk to the face of curb, but which were not shown on the plans. This change order compensates the Contractor for replacing those drain pipes. See Attachment B
Method of Payment:
SAMPLE: Lump Sum payment of $1,023.71 per Extra Work Bill No. 78480. See Attachment A
Time Adjustment:
No Time Adjustment
CONCURRED BY ESTIMATE OF COST
RESIDENT ENGINEER DATE THIS
REQUEST
BID ITEMS $
City of Vallejo Submitted By: Project Manager DATE FORCE ACCOUNT $
AGREED PRICE
Exhibit B
11 City of Vallejo Approval Recommended By: City Engineer DATE ADJUSTMENT $ TOTAL
City of Vallejo Approved By: Public Works Director DATE FUNDUNG SOURCE PERCENT
12 CCO No. 0000
ATTACHMENT A
13 END OF CONTRACT CHANGE ORDER
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.
No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Installation or Property Installation Floater coverage providing property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Vallejo’s site.
5. Contractors’ Pollution Legal Liability with limits of no less than $1,000,000 per occurrence or claim, and $1,000,000 policy aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Vallejo requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Vallejo.
SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City of Vallejo. The City of Vallejo may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Vallejo.
Exhibit C
15 OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City of Vallejo, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Vallejo.
4. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self -insurance shall be called upon to protect it as a named insured. Contractor agrees to endorse the City of Vallejo as an Additional Insured on the Umbrella or Excess policy, unless the Certificate of Insurance states the Umbrella or Excess policy provides coverage on a “Follow Form” basis.
5. The City of Vallejo reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
CLAIMS MADE POLICIES
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Vallejo for review.
16 5. If the services involve lead -based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers authorized to conduct business in the state with a current Best rating of no less than A: VII, unless otherwise acceptable to the City of Vallejo.
WAIVER OF SUBROGATION
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Vallejo for all work performed by the Contractor, its employees, agents and subcontractors.
VERIFICATION OF COVERAGE
Contractor shall furnish the City of Vallejo with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City of Vallejo before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Vallejo reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of coverage and other insurance documents shall be mailed to the following address:
City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
SUBCONTRACTORS
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Vallejo is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
PAYMENT WITHHOLD
City of Vallejo will withhold payments to Contractor if the certificates of insurance and endorsements required in this exhibit are canceled or Contractor otherwise ceases to be insured as required herein.
FAITHFUL PERFORMANCE BOND
for
CITY OF VALLEJO
2026 Concrete Improvements Project (Phase 1 of Cape Seal Project) PROJECT NO. MP-2026
KNOW ALL MEN/WOMEN BY THESE PRESENTS, THAT WE, ________________________, as Principal, and ____________________________, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation of the State of California, hereinafter called the City, in the sum of ____________________ Dollars ($________________), and no more, for the work described below, for the payments of which sum in lawful money of the United States of America well and truly to be made to the City of Vallejo, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents as herein above provided.
WHEREAS, that the Principal has entered into a contract with said City for the construction of:
2026 Concrete Improvements Project (Phase 1 of Cape Seal Project) PROJECT NO. MP-2026
NOW, THEREFORE, the condition of this obligation is such that if the above bounded Principal shall in all things stand to abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract agreed on his/her or their part to be kept and performed at the time and in the manner herein specified, and shall indemnify and save harmless the City of Vallejo, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue to guarantee Contractor’s faithful performance of its obligations in the Contract Documents, and Principal and Surety, in the event suit is brought on this bond, will pay to the Obligee such reasonable attorneys' fees as may be fixed by the Court.
The Surety herein, for value received, hereby stipulates, and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same shall in any manner affect its obligations on this bond and said Surety does hereby waive notice of any such change, extension, alteration or addition. Said Surety hereby waives the provisions of Section 2819 and 2845 of the Civil Code of the State of California.
(Signatures on the following page)
Exhibit D
18 IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this ___________ day of __________________, 20_______. The name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
PRINCIPAL SURETY
SURETY INFORMATION:
Contact Person: _________________________________________________________
Name of Company: ______________________________________________________
Address:
Telephone No.: ______________________
NOTE: (1) Signatures of those executing for the Principal and Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
END OF FAITHFUL PERFORMANCE BOND
PAYMENT (LABOR AND MATERIALS) BOND
for
CITY OF VALLEJO
KNOW ALL MEN/WOMEN BY THESE PRESENTS, WHEREAS, that the City of Vallejo, a municipal corporation of the State of California, acting through its City Council, has awarded:
_________________________, hereinafter designated as the Principal, a contract for:
2026 Concrete Improvements Project (Phase 1 of Cape Seal Project) PROJECT NO. MP-2026
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same.
NOW, THEREFORE, we, the Principal, and _____________________, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation, hereinafter called City, in the sum of _____________________________ Dollars ($_________________), and no more, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as herein provided.
The condition of this obligation is such that, if said Principal, or his/her or its Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of California Civil Code, commencing with Section 9550, and providing that the persons, companies or corporations so furnishing said materials, provisions, or other supplies, appliances or power used in, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation, renting, or hiring implements, or machinery, or power, for, or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said Title 15, the Surety hereon will pay the same in an amount not exceeding the sum specified in its bond, and also, in case suit is brought upon this bond, reasonable attorneys’ fees to be fixed by the Court, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
The Surety herein, for value received, hereby stipulates, and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications Exhibit E
20 accompanying the same, shall in any manner affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this ________ day of _____________________, 20_______. The name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
PRINCIPAL SURETY
SURETY INFORMATION:
Contact Person:
Name of Company:
Address:
Telephone No.:
NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged. (2) This Bond must be in an amount equal to 100% of the amount bid.
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
END OF PAYMENT (LABOR AND MATERIALS) BOND
21 PREVAILING WAGE REQUIREMENTS
STATE PREVAILING WAGE RATES
http://www.dir.ca.gov/dlsr/DPreWAgeDetermination.htm
FEDERAL MINIMUM WAGE RATES
http://www.access.gpo.gov/davisbacon/CA.html
Exhibit F
22 Project Location
Appendix A
23 2026 CONCRETE IMPROVEMENTS PROJECT (PHASE 1
CAPE SEAL PROJECT)
24 Street Name Beg Location End Location
ANCHETA PLACE BESTON END
ANCHOR COURT WELLFLEET END
ARROWHEAD DRIVE CORCORAN AVENUE STONEY RIDGE ROAD
BERMUDA LANE GLEN COVE PKWY WELLFLEET
BESTON WAY WELLFLEET N. REGATTA
BESTON WAY N. REGATTA END
CAMINO ALTO NORTH CAMINO ALTO AMADOR STREET
CHESLEY COURT VERVAIS AVENUE TREGASKIS AVENUE
EL CAMINO REAL AMADOR STREET VALLE VISTA AVENUE
EL CAMINO REAL VALLE VISTA (E) VALLE VISTA (W)
FALCON DRIVE MINI DRIVE PRINCETON AVENUE
FALCON DRIVE PRINCETON AVENUE CORTLAND CIRCLE (N)
FALCON DRIVE CORTLAND CIRCLE (N) VIOLET DRIVE
FULTON AVENUE MAGAZINE STREET CITY LIMIT
HILTON AVENUE SPRINGS ROAD FLORIDA STREET
HILTON AVENUE FLORIDA STREET SOUTH END
HUMBOLDT STREET SPRINGS ROAD LINCOLN ROAD EAST
HUMBOLDT STREET LINCOLN ROAD EAST TENNESSEE STREET
JORDAN STREET MAGAZINE STREET LA CANYADA DRIVE
JORDAN STREET LA CANYADA DRIVE PUEBLO WAY
JORDAN STREET PUEBLO WAY PUEBLO WAY
JORDAN STREET PUEBLO WAY (S) SEQUOIA AVENUE
JORDAN STREET SEQUOIA AVE SWANZY DAM RD/CULDESAC
LASSEN STREET TENNESSEE STREET SPRINGS ROAD
LORENZO DRIVE ELLIOTT DRIVER ROLEEN DRIVE
MARIPOSA STREET SOLANO AVENUE TENNESSEE STREET
NORTH CAMINO ALTO CAMINO ALTO VALLE VISTA AVE
NORTH CAMINO ALTO VALLEY VISTA AVE REDWOOD STREET
NORTH CAMINO ALTO REDWOOD STREET SERENO DRIVE
OHIO STREET TUOLUMNE STREET MARIPOSA STREET
OHIO STREET MARIPOSA STREET EAST END
PUEBLO WAY LINCOLN ROAD EAST JORDAN STREET
PUEBLO WAY DEL SUR ST EAST END
PUEBLO WAY JORDAN STREET DEL SUR STREET
SEAFARER COURT YATCHSMAN DRIVE END
SEQUOIA AVENUE LINCOLN ROAD EAST NAVONE ST
25 Street Name Beg Location End Location
SHASTA STREET ALABAMA STREET FLORIDA STREET
SHASTA STREET FLORIDA STREET SOLANO AVENUE
SPRINGS ROAD TUOLUMNE STREET MARIPOSA STREET
STONEY RIDGE ROAD SWAN WAY FIELDSTONE WAY
SWAN WAY CORCORAN AVENUE STONEY RIDGE ROAD
SWAN WAY STONEY RIDGE ROAD MINI DRIVE
TREGASKIS AVENUE SPRINGS ROAD CHESLEY COURT
VERVAIS AVENUE TENNESSEE STREET SPRINGS ROAD
VERVAIS AVENUE SPRINGS ROAD FLORIDA STREET
VERVAIS AVENUE FLORIDA STREET CHESLEY COURT
VIOLET DRIVE MINI DRIVE FALCON DRIVE
WASHINGTON STREET ALAMEDA ST N CAMINO ALTO
WASHINGTON STREET N CAMINO ALTO RINCON WAY
WELLFLEET DRIVE GLEN COVE PKWY END
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26 Project Labor Agreement for the City of Vallejo
Appendix B
Appendix B
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 Vallejoand 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
Project Labor Agreement
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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).
Project Labor Agreement
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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 post- Completion 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.
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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
for the City of Vallejo
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
for the City of Vallejo
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, stand- in, 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 necessary to 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
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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 anti- discrimination 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 non- Union 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
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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.
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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 o v 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 workfor 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 participationin 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]
NAPA-SOLANO BUlLDING AND
CONSTRUCTION TRADES COUNCIL
1)�1JL,_
Danny B-mtrdini, Secretary-Treasurer
Project Labor Agreement
for the City of Vallejo
Date: April 29, 2024
Date: April 29, 2024 ______ _
c I )z LfDate: =>/ / -
I
23
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
DATE:ISSUEDFOR BIDS05-28-2026
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PROJECT NO:CHECKED BY:CITY OF VALLEJO2026 CONCRETE IMPROVEMENTS PROJECT NO. MP-2026 1003 W. Cutting Blvd., Suite 110Point Richmond, CA 94804(510) 215-3620 * Fax (510) 215-2898 SCALE:FH672.10.55
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LORENZO DRIVEFALCON DRIVE
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STONEY RIDGE DRIVESWAN WAYSWAN WAYARROWHEAD DRIVEMINI DRIVE
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5
STONEY RIDGE ROADFIELDSTONE COURTSTONEY RIDGE ROADFIELDSTONE COURT
SWAN WAYCORCORAN AVENUESWAN WAYCORCORAN AVENUE
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NORTH CAMINO ALTOALTONORTH CAMINOCAMINO ALTOWASHINGTON STVALLE VISTA AVENUEWINSLOW AVENUE
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VALLE VISTA AVENUEN CAMINO ALTOALAMEDA STREETWASHINTON STREET
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OHIO STREETSPRINGS ROADSHASTA STREETCALAVERAS STREETTUOLUMNE STREET
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PROJECT NO:CHECKED BY:CITY OF VALLEJO2026 CONCRETE IMPROVEMENTS PROJECT NO. MP-2026 1003 W. Cutting Blvd., Suite 110Point Richmond, CA 94804(510) 215-3620 * Fax (510) 215-2898 SCALE:FH672.10.55
15-- VICINITY MAP 6
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HUMBOLDT STREETLASSEN STREETAVENUEHILTONVERVAIS AVENUE
AVENUEVERVAISTREGASKIS AVENUECHESLEY COURTCAROLINA STREETFLORIDA STREETSPRINGS ROAD
TENNESSEE STREETSTREETGLENWOOD
HUMBOLDT STREETTENNESSEE STREET
SPRINGS ROADHUMBOLDT STREET
AVENUEGLENWOOD
LASSEN STREETGLENWOOD STREET
DATE:ISSUEDFOR BIDS05-28-2026
SHEET #OF 30 SHEETS
DATE:DRAWN BY:02/07/2026REVISIONSNO. DATEBY
PROJECT NO:CHECKED BY:CITY OF VALLEJO2026 CONCRETE IMPROVEMENTS PROJECT NO. MP-2026 1003 W. Cutting Blvd., Suite 110Point Richmond, CA 94804(510) 215-3620 * Fax (510) 215-2898 SCALE:FH672.10.55
16--JS, AC VICINITY MAP 7
FLORIDA STREETHILTON AVENUE
FLORIDA STREETHILTON AVENUE
HILTON AVENUE
FLORIDA STREETHILTON AVENUE
FLORIDA STREETHILTON AVENUE
DATE:ISSUEDFOR BIDS05-28-2026
SHEET #OF 30 SHEETS
DATE:DRAWN BY:02/07/2026REVISIONSNO. DATEBY
PROJECT NO:CHECKED BY:CITY OF VALLEJO2026 CONCRETE IMPROVEMENTS PROJECT NO. MP-2026 1003 W. Cutting Blvd., Suite 110Point Richmond, CA 94804(510) 215-3620 * Fax (510) 215-2898 SCALE:FH672.10.55
17--JS, AC VICINITY MAP 7 CURB RAMP DETAILS 1
CAROLINA STREET
HILTON AVENUE
CAROLINA STREET
HILTON AVENUE
HILTON AVENUECAROLINA STREET
CAROLINA STREET
HILTON AVENUECAROLINA STREET
HILTON AVENUECAROLINA STREET
DATE:ISSUEDFOR BIDS05-28-2026
SHEET #OF 30 SHEETS
DATE:DRAWN BY:02/07/2026REVISIONSNO. DATEBY
PROJECT NO:CHECKED BY:CITY OF VALLEJO2026 CONCRETE IMPROVEMENTS PROJECT NO. MP-2026 1003 W. Cutting Blvd., Suite 110Point Richmond, CA 94804(510) 215-3620 * Fax (510) 215-2898 SCALE:FH672.10.55
18--JS, AC VICINITY MAP 7 CURB RAMP DETAILS 2
FIFTH STREET
FIFTH STREETSOLANO AVENUE
FIFTH STREETSOLANO AVENUE
DATE:ISSUEDFOR BIDS05-28-2026
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FULTON AVENUE
WILSHIRE AVENUEWILSHIRE AVENUE
MAGAZINE STREETHOLLYWOOD AVENUECORONEL AVENUECABRILLO AVENUEPACHECO WAYFULTON AVENUEMAGAZINE STREET DATE:ISSUEDFOR BIDS05-28-2026
SHEET #OF 30 SHEETS
DATE:DRAWN BY:02/07/2026REVISIONSNO. DATEBY
PROJECT NO:CHECKED BY:CITY OF VALLEJO2026 CONCRETE IMPROVEMENTS PROJECT NO. MP-2026 1003 W. Cutting Blvd., Suite 110Point Richmond, CA 94804(510) 215-3620 * Fax (510) 215-2898 SCALE:FH672.10.55
20-- VICINITY MAP 9
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PUEBLO WAYPUEBLO WAYJORDAN STREET
JORDAN STREETSEQUOIA AVENUE
DRIVELA CANYADA
DEL SUR STREETPALOU STREETLINCOLN ROAD EAST
FULTON AVENUE
MAGAZINE STREET
WILSHIRE AVENUE
PACHECO WAY
WILSHIRE AVENUE
PACHECO WAY
JORDAN STREETJORDAN STREET
PUEBLO WAYPALOU STREET
DATE:ISSUEDFOR BIDS05-28-2026
SHEET #OF 30 SHEETS
DATE:DRAWN BY:02/07/2026REVISIONSNO. DATEBY
PROJECT NO:CHECKED BY:CITY OF VALLEJO2026 CONCRETE IMPROVEMENTS PROJECT NO. MP-2026 1003 W. Cutting Blvd., Suite 110Point Richmond, CA 94804(510) 215-3620 * Fax (510) 215-2898 SCALE:FH672.10.55
21-- VICINITY MAP 10
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JORDAN STREETLA CANYADA DRIVEJORDAN STREETLA CANYADA DRIVE
JORDAN STREETPUEBLO WAYPUEBLO WAYDEL SUR STREET
DATE:ISSUEDFOR BIDS05-28-2026
SHEET #OF 30 SHEETS
DATE:DRAWN BY:02/07/2026REVISIONSNO. DATEBY
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22-- VICINITY MAP 10 CURB RAMP DETAILS 1
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PUEBLO WAYDEL SUR STREET
PALOU STREET
PALOU STREETPUEBLO WAY
PALOU STREETPUEBLO WAYPALOU STREETPUEBLO WAYPALOU STREET DATE:ISSUEDFOR BIDS05-28-2026
SHEET #OF 30 SHEETS
DATE:DRAWN BY:02/07/2026REVISIONSNO. DATEBY
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23-- VICINITY MAP 10 CURB RAMP DETAILS 2
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WELLFLEET DRIVE
WELLFLEET DRIVEBERMUDA LANECOURTANCHOR
PLACEANCHETAWAYBESTON
PARKWAYGLEN COVE
WAYN REGATTAANCHETA PLACEBESTON WAY
ANCHETA PLACE
BESTON WAY
WELLFLEET DRIVE
WELLFLEET DRIVEANCHOR COURT
DATE:ISSUEDFOR BIDS05-28-2026
SHEET #OF 30 SHEETS
DATE:DRAWN BY:02/07/2026REVISIONSNO. DATEBY
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24-- VICINITY MAP 11
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GLEN COVE PARKWAYBERMUDA LANE
WELLFLEET DRIVE
WELLFLEET DRIVEBERMUDA LANE
WELLFLEET DRIVEBESTON WAYGLEN COVE PARKWAYWELLFLEET DRIVE DATE:ISSUEDFOR BIDS05-28-2026
SHEET #OF 30 SHEETS
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25-- VICINITY MAP 11 CURB RAMP DETAILS 1
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BESTON WAYN REGATTA DRN REGATTA DRBESTON WAY
N REGATTA DRBESTON WAYBESTON WAYN REGATTA DR
DATE:ISSUEDFOR BIDS05-28-2026
SHEET #OF 30 SHEETS
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26-- VICINITY MAP 11 CURB RAMP DETAILS 2
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COURTSEAFARERYACHTSMAN DRIVE
SEAFARER COURT
YACHTSMAN DRIVE
SEAFARER COURTYACHTSMAN DRIVE
DATE:ISSUEDFOR BIDS05-28-2026
SHEET #OF 30 SHEETS
DATE:DRAWN BY:02/07/2026REVISIONSNO. DATEBY
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DATE:ISSUEDFOR BIDS05-28-2026
SHEET #OF 30 SHEETS
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DATE:ISSUEDFOR BIDS05-28-2026
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HMAPLUG
DATE:ISSUEDFOR BIDS05-28-2026
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PUBLIC WORKS DEPARTMENT
CONTRACT SPECIFICATIONS
SPECIAL PROVISIONS
TECHNICAL SPECIFICATIONS
for
PROJECT
2026 Concrete Improvements Project (Phase 1 of Cape Seal Project) PROJECT NO. MP-2026
FOR USE IN CONNECTION WITH CALTRANS STANDARD SPECIFICATIONS DATED 2025 AND STANDARD PLANS DATED 2025 AND THE LABOR SURCHARGE AND THE EQUIPMENT RENTAL RATES
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PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
The work embraced herein shall be done in accordance with the Standard Specifications dated 2025 and Standard Plans dated 2025, issued by the State of California Department of Transportation and the most recent edition of the Standard Plans of the City of Vallejo, insofar as the same may apply and in accordance with the Project Plans and these Special Provisions and the Technical Specifications.
These Special Provisions are additions, modifications, and/or clarifications to the State Standard Specifications. The numbers shown in parentheses in the sections and subsections headings refer to the Caltrans Standard Specifications.
Refer to Section 5 -1.04 of these Special Provisions for the order of precedence of the above - referenced contract documents in case of any conflict.
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SECTION 1: DEFINITIONS AND TERMS
1-1.01 GENERAL
Unless the context otherwise requires, wherever in the Specifications and other Contract Documents the following abbreviations and terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as provided in this Section 1. Working titles having a masculine gender, such as "workman" and "journeyman" and the pronoun "he,” are utilized in the Specifications for the sake of brevity and are intended to refer to persons of either gender.
1-1.02 ABBREVIATIONS
AAN American Association of Nurserymen
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
APHA American Public Health Association
API American Petroleum Institute
AREA American Railway Engineering Association
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gage
AWPA American Wood Preservers' Association
AWS American Welding Society
AWWA American Water Works Association
EIA Electronic Industries Association
IEEE Institute of Electrical and Electronics Engineers
NEMA National Electrical Manufacturers Association
UL Underwriters' Laboratories Inc.
1-1.02A UNITS OF MEASUREMENT
These General Provisions contain units in two systems of measurement: units shown in the International System of Units (SI or "metric") and units in the United States Standard Measures are shown in braces "{}". The Department does not warrant the accuracy of the units shown in United States Standard Measures, and any use of United States Standard Measures is at the sole risk of those agencies and others that specify United States Standard Measures units in their contracts. The measurements expressed in the two systems are not necessarily equal, and items constructed or fabricated in one system are not necessarily interchangeable with items constructed or fabricated in the other system. The project Special Provisions designate the system of units that will apply to contracts referencing these Standard Specifications.
Some of the symbols for metric units of measurement used in the Specifications and in the Engineer's Estimate are defined as follows. The symbols for other units of measurement used in the Specifications are as defined in ASTM Designation: E-380, or in the various Specifications and test referenced in the Specifications.
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Symbols as used in the
Specifications
Symbols as used in the
Engineer's Estimate
Definitions
A — amperes
— EA each
g G gram
kg KG kilogram
ha HA hectare (10 000 m2)
h H hour
J — joule
— LNKM lane kilometer
L L liter
— LS lump sum
m M meter
km KM kilometer
mm MM millimeter
μm — micrometer
nm — nanometer
m2 M2 square meter
m3 M3 cubic meter
N — newton
Nm — newton meter
Ω — ohm
Pa — pascal
kPa — kilopascal
MPa — megapascal
s — second
— STA station (100 m)
— TAB tablet
tonne TONN metric ton (1000 kg)
W — watt
V — volt
Some of the symbols for United States Standard Measures units of measurement used in the Specifications and in the Engineer's Estimate are defined as follows.
Symbol Used Definitions
A amperes
EA each
LB pound
ACRE acre
h hour
LNMI lane mile
GAL gallon
LS lump sum
LF linear foot
MI mile
MSYD thousand station yard
SF square foot
CF cubic foot
SY square yard
CY cubic yard
Ω ohm
s second
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STA 100 feet
TAB tablet
TON 2,000 pounds
W watt
V volt
MFBM thousand foot board measure
1-1.03 ACCEPTANCE
The formal written acceptance by the Vallejo City Council of an entire work of improvement that has been completed in all respects in accordance with the Contract Documents and any modifications thereto previously authorized in writing.
1-1.04 GLOSSARY
Unless noted otherwise, the following terms have the following meanings:
Addenda: Written or graphic instruments issued before the opening bids, which modify or interpret the Notice to Bidders, Instructions to Bidders, Bid Proposal Form, Addenda (if any), Special Provisions, Technical Specifications, and/or Plans by additions, deletions, clarifications, or corrections.
Agreement or Contract: The signed agreement between the City and Contractor.
Architect: The private engineering firm employed to prepare the plans, specifications, and estimate and perform design services during construction of this project.
Bid Bond: The cash, cashier’s check, certified check, or bidder’s bond companying the proposal submitted by the bidder, as a guaranty that the bidder will enter a contract with the Public Works Department of the City of Vallejo for the performance of the work if the contract is awarded to the bidder.
Bidding Documents: The Notice to Bidders, Instruction to Bidders, Bid Proposal Form, and Addenda (if any); the Special Provisions, Technical Specifications, Standard Specifications, the Exhibits (including bonds), and the Drawings (also defined as “Plans”).
Business Day: All days except Saturdays, Sundays, and any holiday set forth in California Government Code section 6700.
Calendar Day: Any day of the week including a Business Day.
Change Order: A written document duly approved and executed by the City, which changes the scope of the Work, the Contract Price, or the Contract Time.
City: The City of Vallejo, California.
City Council: The City Council of the City of Vallejo, California, or its authorized agent.
City Engineer: The City Engineer of the City of Vallejo or their authorized agent(s) acting within the scope of the duties delegated to them.
Claim: A request by the Contractor for 1) the payment of additional compensation for any issues. 2) an extension of time for the performance of the Work or 3) any other relief with reference to the terms of the Contract, including any disputes or question related to the Contract Documents.
Construction Contract or Agreement: The signed agreement between the City and Contractor.
Contract Amount or Contract Sum: The amount listed on the Construction Agreement as the contractor’s total
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compensation.
Contract Documents: All of the documents collectively listed as such in the Contract, including the Notice to Bidders; the Instructions for Bidders; Addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Award and Notice to Procced; Certifica tes of Insurance and Endorsements; the Faithful Performance, Labor and Materials, and Warranty Bonds; the Special Provisions; the Technical Specifications; the Project Drawings and Specifications; Change Orders, if any; and any other documents expressly ma de part of the Contract Documents.
Contract Price: The total compensation to be paid to the Contractor for performance of the Work, as set forth in the Contract and as amended by a Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustments due to inflation or due to the increased cost of labor, material, or equipment following submission of the Bid Proposal.
Contract Time: The number of Working Days for performance of the Work, as set forth in the Contract and as amended by a Change Order.
Contractor: The person or persons, firm partnership, corporation, or combination thereof, private of municipal, who have entered into a contract with the City of Vallejo, as party or parties of the second part of their legal representatives.
Day: A calendar day unless stated otherwise.
Department: The Public Works Department of the City of Vallejo.
Director: The Director of the Public Works of the City of Vallejo.
Drawing: The City-approved plans and graphical depictions of the Project requirements and does not include Shop Drawings.
Final Compensation: Payment to the Contractor of the unpaid Contract Price, including release of the undisputed retention, less amounts withheld pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts subject to setoff, up to 150% of any unresolved third-party claim for which Contractor is required to indemnify City, and up to 150% of any amount in dispute as authorized by Public Contract Code Section 71017.
Engineer: The City Engineer of the City of Vallejo or other authorized designee such as the City Inspector.
Laboratory: The laboratory designated by the City of Vallejo.
Legal Holidays: Those Days designated as City holidays and those days designated in the Government Code or as stated in the Standard Specifications.
Liquidated Damages: The amount prescribed in the specifications or contract, to be paid to the City of Vallejo or to be deducted from any payments due or to become due the Contractor for each day’s delay in completing the whole or any specified portion of the work beyond the time allowed in the specifications. The Liquidated Damages amount is set at $1,500.00 per Calendar Day for this contract.
Mobilization: Preparatory work that must be performed or costs incurred before starting work on the various items on the job site (Public Contract Code § 10104).
Plans: The official project plans, typical cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show location, character, dimensions, and details of the work to be performed. These documents are to be considered as a part of the plans.
Project Plans: The Project Plans are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as the same may apply.
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Project or Work: See Work.
Project Site: Location of the Work.
Project Manager: The person designated by the City of Vallejo to manage all aspects of the project, if so, designated by the Special Provisions.
Proposal Form: The approved form upon which the Public Works of the City of Vallejo requires formal bids be prepared and submitted for the work.
Public Contract Code: California Public Contract Code.
Qualified Contractor or Subcontractor: A contractor or subcontractor currently registered with the California Department of Industrial Relations and qualified to perform public work pursuant to Labor Code section 1725.
Requests for Information: A request from the Contractor, or one of its subcontractors, to the City, seeking an interpretation or clarification of some requirement of the contract documents submitted to the City in the form required by the contract. The contractor shall clearly and concisely set forth the issue for which it seeks clarification of interpretations and why a response is needed from the City. The contractor shall, in the written request, set forth interpretation or understanding of the contract’s requirements along with the reasons why it has reached such an understanding. Responses from the City shall not change any requirements of the contract documents unless noted in the Request for Information Response issued by the City.
Special Provisions: The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to the Standard Specifications.
Specifications: The directions, provisions and requirements contained in the Standard Specifications as supplemented by these Special Provisions. Whenever the term “the specifications” or “the Standard Specifications” is used in this document, it means the provisions set for in the 2025 Edition of the Caltrans Standard Specifications.
Standard Plans: The Standard Specifications and Standard Drawings issued by the Public Works Department of the City of Vallejo.
State: The State of California or the City of Vallejo as the context requires.
Submittal/Shop Drawings: Any technical submittals, shop drawings, or samples, including supporting catalog cuts, manufacturer’s literature sketches or drawings, calculations, and other pertinent data, required by any technical specification in these contract documents. The contractor shall transmit to the City submittal/shop drawings shall be in sufficient detail to enable the City to review the information and determine that the contractor clearly understands the requirements of the contract documents.
Substitution/Or Equal Submittals: A request from the contractor to substitute a material, device, product, fixture, form, type of construction or process called for in the contract documents with another item that shall be substantially equal in all respects to that indicated or supplied.
Work or Project: The entire Project which is the subject of the Contract. The term “Work” as applied to the Contractor includes any labor, materials and necessary tools and equipment.
Working Days: Working days are Monday through Friday except for Legal Holidays. 1-1.07 BIDDER
Any individual, firm, partnership, limited liability company, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
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1-1.09 CONTRACT
The written agreement covering the performance of the work and the furnishing of labor, materials, tools, and equipment in the construction of the work. All documents comprising the Contract may also be referred to as the “Contract Documents.”
1-1.10 CONTRACT DOCUMENTS
All of the documents collectively listed as such in the Contract, including the Notice to Bidders; the Instructions for Bidders; Addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Award and Notice to Procced; Certificat es of Insurance and Endorsements; the Faithful Performance, Labor and Materials, and Warranty Bonds; the Special Provisions; the Technical Specifications; the Project Drawings and Specifications; Change Orders, if any; and any other documents expressly made part of the Contract Documents. 1-1.12 DAYS
Unless otherwise designated, days as used in the Specifications will be understood to mean working days. 1-1.13 DEPARTMENT
The City of Vallejo Department of Public Works.
1-1.14 DETOUR
A temporary route for traffic around a closed portion of a road. 1-1.15 DIRECTOR
The City of Vallejo Department of Public Works Director, or his/her authorized representative. 1-1.16 (INTENTIONALLY OMITTED)
1-1.17 (INTENTIONALLY OMITTED)
1-1.18 ENGINEER
The City of Vallejo, Department of Public Works, Project Engineer, acting either directly or through properly authorized agents, the agents acting within the scope of the particular duties delegated to them. 1-1.19 ENGINEER'S ESTIMATE
The list of estimated quantities of work to be performed as contained in the "Proposal Form." 1-1.20 FEDERAL AGENCIES
Whenever, in the Specifications, reference is made to any Federal agency or officer, the reference shall be deemed made to any agency or officer succeeding in accordance with law to the powers, duties, jurisdiction and authority of the agency or officer mentioned.
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1-1.21 FIXED COSTS
Any necessary labor, material and equipment costs directly expended on the item or items under consideration which remain constant regardless of the quantity of the work done. 1-1.22 FRONTAGE ROAD
A local street or road auxiliary to and located generally on the side of an arterial highway for service to abutting property and adjacent areas and for control of access.
1-1.23 (INTENTIONALLY OMITTED)
1-1.24 HIGHWAY
The whole right of way or area which is reserved for and secured for use in constructing the roadway and its appurtenances.
1-1.25.1 LEGAL HOLIDAYS
Those days designated as City observed holidays specifically:
(a) New Year's Day,
(b) Martin Luther King, Jr. Day,
(c) President’s Day,
(d) Memorial Day,
(e) Juneteenth Day,
(f) Independence Day,
(g) Labor Day,
(h) Indigenous Peoples’ Day,
(i) Veterans' Day,
(j) Thanksgiving Day,
(k) Day after Thanksgiving,
(l) Christmas Day
1-1.26 LIQUIDATED DAMAGES
The amount prescribed in the Contract Documents, to be paid to the City of Vallejo or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the work beyond the time allowed in the Contract Documents. 1-1.26.1 MUTCD OR CA MUTCD
The State of California, Department of Transportation publication entitled “California Manual on Uniform Traffic Control Devices.”
1-1.27 (INTENTIONALLY OMITTED)
1-1.27.5 (INTENTIONALLY OMITTED)
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1-1.28 PAVEMENT
The uppermost layer of material placed on the traveled way or shoulders. This term is used interchangeably with surfacing.
1-1.29 DRAWINGS
The official project drawings (City-approved Plans) and Standard Plans, profiles, typical cross sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of the work to be performed. These documents are to be considered as a part of the drawings. In the above definition, the following terms are defined as follows:
1-1.30 PROJECT DRAWINGS
The project drawings (City-approved Plans) are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as the same may apply. 1-1.31 PROPOSAL
The offer of the Bidder for the work when made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.
1-1.32 PROPOSAL FORM
The approved form (Bid Proposal) upon which the City of Vallejo requires formal bids be prepared and submitted for the work.
1-1.33 PROPOSAL GUARANTY
The cash, cashier's check, certified check or Bidder's bond accompanying the proposal submitted by the Bidder, as a guaranty that the Bidder will enter into a contract with the City of Vallejo for the performance of the work if the Contract is awarded to the Bidder.
1-1.34 (INTENTIONALLY OMITTED)
1-1.35 ROADWAY
That portion of the highway included between the outside lines of sidewalks, or curbs, slopes, ditches, channels, waterways, and including all the appertaining structures, and other features necessary to proper drainage and protection.
1-1.36 SHOULDERS
The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.
1-1.37 SPECIAL PROVISIONS
The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and
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supplementary to these Specifications.
1-1.38 SPECIFICATIONS
The directions, provisions and requirements contained in the Special Provisions, General Provisions, Wage and Equipment Rate and Technical Specifications section as supplemented by the Standard Specifications, City of Vallejo Standard Specifications and St andard Drawings. Whenever the term "these Specifications" or "these Standard Specifications" is used in this Contract, it means the provisions set forth in this Contract. “Specifications” or “Standard Specifications” also means the State of California, D epartment of Transportation, Standard Specifications, 2025 edition, Sections 10 through 95 only. 1-1.39 STATE
The State of California.
1-1.40 (INTENTIONALLY OMITTED)
1-1.41 (INTENTIONALLY OMITTED)
1-1.42 (INTENTIONALLY OMITTED)
1-1.43 SUBSTRUCTURE
All that part of the bridge below the bridge seats, tops of piers, haunches of rigid frames, or below the spring lines of arches. Backwalls and parapets of abutments and wingwalls of bridges shall be considered as parts of the substructure.
1-1.44 SUPERSTRUCTURE
All that part of the bridge except the bridge substructure. 1-1.45 SURFACING
The uppermost layer of material placed on the traveled way, or shoulders. This term is used interchangeably with pavement.
1-1.46 TRAFFIC LANE
That portion of a traveled way for the movement of a single line of vehicles. 1-1.47 TRAVELED WAY
That portion of the roadway for the movement of vehicles, exclusive of shoulders.
1-1.48 WORK
All the work specified, indicated, shown, contemplated or inferable from the Contract Documents to construct the improvement, including all alterations, amendments or extensions thereto made by Contract Change Order.
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END OF SECTION 1
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SECTION 2: PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 CONTENTS OF PROPOSAL FORMS
Prospective bidders must use City of Vallejo proposal forms which will refer to the special provisions and project drawings for the work to be done and will include a schedule of items for which bid prices are asked, showing the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished. 2-1.02 APPROXIMATE ESTIMATE
The quantities given in the proposal form and Contract are approximate only, being given as a basis for the comparison of bids. The City of Vallejo does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work.
2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK
All bidders shall carefully and completely examine the site of the work contemplated and the Contract Documents and perform all tests and inspections necessary to inform Bidder of all conditions that may be encountered, the character, quality and scope of work to be performed, and the quantities of materials to be furnished. The submission of a Proposal Form shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality an d scope of work to be performed, the quantities of materials to be furnished and as to the requirements of the Contract Documents.
Where the City of Vallejo has made investigations of site conditions, including subsurface conditions in areas where work is to be performed under the Contract, or in other areas, some of which may constitute possible local material sources, bidders and Co ntractor may, upon written request, inspect the records of the City of Vallejo as to those investigations subject to and upon the conditions hereinafter set forth. The investigations are made only for the purpose of study and design.
The records of investigations, project records, log of test borings, record of geotechnical data, investigation of subsurface conditions, cross -sections, contour maps, and any other investigations provided by City of Vallejo, are a part of the Contract Documents.
The availability or use of information described in this section is not to be construed in any way as a waiver of the provisions of the first paragraph in this section and a Bidder or Contractor shall make their own investigation and examination to be satisfied as to conditions to be encountered in the performance of the work.
No information derived from the inspection of investigations or compilation thereof made by the City of Vallejo or from the Engineer, or their consultants, will in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract.
2-1.04 ADDENDUM
If discrepancies or apparent errors are found in the Contract Documents prior to the date of bid opening, bidders shall submit a written request for clarification to City Engineer, which response to said request will be given in the form of addenda to all bidders, if time permits.
The correction of any discrepancies in, or omissions from the drawings, Specifications, or other Contract Documents, or any interpretation thereof, during the bidding period will be made only by an addendum issued in writing by the City of Vallejo. A copy of each such addendum issued by the City of Vallejo will be electronically mailed, or delivered to each person receiving a set of the Contract Documents and shall be made a part of the Contract. Any other interpretation or explanation of such documents will not be considered binding.
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2-1.05 PROPOSAL FORMS
The City of Vallejo will furnish to each Bidder a standard Proposal Form, which, when filled out and executed may be submitted as that Bidder's bid. Bids not presented on forms so furnished, and copies or facsimiles of the Bidder's completed and executed Proposal Forms submitted as a bid may be rejected. 2-1.06 (BLANK)
2-1.07 PROPOSAL GUARANTY
The proposal must be accompanied by cash, a Bidder's bond, certified check, or cashier's check in an amount not less than ten percent (10%) of the amount bid. The Bidder's bond must be signed in favor of the City of Vallejo, and the certified check or cashier's check must be made payable to the City of Vallejo. 2-1.08 WITHDRAWAL OF PROPOSALS
Any bid may be withdrawn at any time prior to the date and time fixed for the opening of bids only by written request for the withdrawal of the bid filed at the location at which the bid was received by the City of Vallejo. The request shall be executed b y the Bidder or the Bidder's duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid. Whether or not bids are opened exactly at the time fixed for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed for the opening of bids.
2-1.09 PUBLIC OPENING OF PROPOSALS
Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2-1.095 RELIEF OF BIDDERS
Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the Bidder claims a mistake was made in the bid presented, the Bidder shall give the City of Vallejo written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. 2-1.10 DISQUALIFICATION OF BIDDERS
More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, limited liability company, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which that individual, firm, partnership, corporation, or combination thereof is interested. If there is reas on for believing that collusion exists among the Bidders any or all proposals may be rejected. Proposals in which the prices appear unbalanced may be rejected.
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END OF SECTION 2
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SECTION 3: AWARD AND EXECUTION OF CONTRACT
3-1.01 AWARD OF CONTRACT
The right is reserved to reject any and all proposals.
The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within 60 days after the opening of the proposals.
This period will be subject to extension for such further period as may be agreed upon in writing between the City of Vallejo and the Bidder concerned.
All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done.
The low bid will be determined by adding the sum of the Total Amount of Bidder’s Base Bid, the Total Amount of all alternates (if any) and the Total Amount of Bidder’s Contractor’s Daily Delay Damages. The City reserves the right to include in the Contract , if a Contract is awarded, the Base Bid only, or the Base Bid plus any alternate bid or combinations of alternates bid. When a price is quoted in both words and figures, the words shall prevail in case of a discrepancy. In the event of a discrepancy between Bidder’s Unit Price and Bidder’s Total Amount, the Unit Price shall prevail. In the event of a discrepancy between Bidder’s Total Amount and the Bid Total, the Unit Price and correct Total Amount shall prevail.
3-1.02 BONDS
Within ten (10) days of Contractor's receipt of Contract from City of Vallejo, the Contractor shall furnish corporate surety bonds to the benefit of the City of Vallejo, issued by a surety company acceptable to the City of Vallejo and authorized and admitted to do business in the State of California, as follows:
A. Faithful Performance Bond -- In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the Contractor's faithful performance of all covenants and stipulations of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
B. Payment (Labor and Materials) Bond -- In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the payment of wage, and bills contracted for materials, supplies, or equipment used in the performance of the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 to 3252, inclusive, of the Civil Code of the State of California, and Section 13020 of the Unemployment Insurance Code of the State of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
Faithful Performance Bond and Payment Bond shall be on the forms provided by City of Vallejo.
The surety companies shall familiarize themselves with all provisions and conditions of the Contract. It is understood and agreed that the surety or sureties waive the right of special notification of any modifications or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by the City of Vallejo or its authorized agents under the terms of the Contract; and failure to so notify the surety companies of such changes shall in no way relieve the surety or sureties of their obligations under this Contract. The surety expressly waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. 3-1.03 EXECUTION OF CONTRACT
The Contract shall be signed by the successful Bidder and returned, together with the Contract bonds, within 10 days after the Bidder has received the Contract for execution.
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3-1.04 FAILURE TO EXECUTE CONTRACT
The Bidder shall pay to the City of Vallejo from Bidder’s proposal guaranty, such sums as will reimburse the City of Vallejo for costs incurred for failure of the successful Bidder to complete, sign and return in strict compliance with these Contract Documents, if requested to do so, Contractor's Qualification Questionnaire, or enter into a Contract.
The amount of Bidder’s cash, bond, certified check, or cashier's check proposal guaranty shall not be deemed to constitute a penalty or liquidated damages.
The City of Vallejo shall not be precluded by such cash, bond, certified check, or cashier's check from recovering from the defaulting Bidder damages in excess of the amount of said cash, bond, certified check, or cashier's check incurred as a result of the failure of the successful Bidder to complete, sign and return in strict compliance with these Contract Documents, if requested to do so, Contractor's Qualification Questionnaire, or enter into a Contract. 3-1.05 RETURN OF PROPOSAL GUARANTIES
The proposal guaranties accompanying the proposals of the first, second and third lowest bidders will be retained until the Contract has been finally executed, after which those proposal guaranties, may be returned to the respective bidders whose proposals they accompany. The proposal guaranties, other than Bidder's bonds, submitted by all other unsuccessful bidders will be returned upon determination, by the City of Vallejo, of the first, second and third lowest responsible Bidders.
END OF SECTION 3
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SECTION 4: SCOPE OF WORK
4-1.01 INTENT OF PLANS AND SPECIFICATIONS
All work and materials shall be in full accordance with the latest adopted standards and regulations of the State Fire Marshal; the California Building Code; Title 24 of the California Code of Regulations; the California Electrical Code; the California Plumbing Code; Americans with Disabilities Act; and all other applicable codes, laws, rules or regulations. Nothing in these Contract Documents is to be construed to permit work not conforming to these requirements. Contractor agrees that immediately upon s igning of the Contract, Contractor will diligently review the Contract Documents and determine if any work described or inferred within the Contract Documents is not in conformance with these requirements. Should Contractor discover work within the Contract Documents not in conformance with these requirements, Contractor agrees to immediately notify Engineer in writing of said nonconformance, and to not proceed with nonconforming work. When the work detailed in the Contract Documents differs from governin g codes, it is understood and agreed that the Contract sum is based upon the more costly or expensive standard.
The intent of the drawings and Specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the Contract, and that the work performed under the Contract results in a complete operating system in satisfactory working condition with respect to the functional purposes of the installation, and no extra compensation will be allowed for anything omitted but fairly implied. The prices paid for the various item s in the proposal shall include full compensation for furnishing all labor, materials, tools, equipment, overhead, profit, incidentals, and doing all work necessary to complete the finished product as provided in the Contract Documents. Where the drawings or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the highest quality are to be used. The Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract to the highest possible standard of workmanship.
Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Contract Documents, the Contractor shall apply to the Engineer in writing for such further explanations as may be necessary, and the Engineer shall render his or her decisions thereon. The Contractor shall thoroughly review all Requests for Information (RFI's) submitted by subcontractors prior to submission to the Engineer to determine whether such RFI's is already answered in the Contract Documents. Contractor represents to City of Vallejo, that by submission of an RFI, Contractor has thoroughly reviewed the RFI and thoroughly reviewed the Contract Documents and determined that the RFI is not answered or reasonably inferable in the Contract Documents, and that the RFI pertains to an unforeseen condition or circumstance that is not described in the Contract Documents, that there is a conflict or discrepancy in the Contract Documents, or there is an omission in the Contract Documents. In the event any RFI is answered or reasonably inferable from the Contract Documents, Contractor agrees to pay the City of Vallejo the reasonab le cost, time and expenses associated with reviewing and responding to RFI's which are already answered or reasonably inferable from the Contract Documents. In the event of a disagreement over such compensation, the judgment of the Engineer shall be final.
4-1.02 FINAL CLEANING UP
Before final inspection of the work, the Contractor shall clean the project site, material sites and all ground occupied by the Contractor in connection with the work of all rubbish, excess materials, falsework, temporary structures and equipment in compliance with Caltrans Standard Specification 4 -1.13. All parts of the work shall be left in a neat and presentable condition. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and no separate payment will be made therefore.