Agenda packet, first session — American Canyon City Council, June 17, 2025

REGULAR CITY COUNCIL MEETING AGENDA
City Hall - Council Chambers
4381 Broadway St., Suite 201, American Canyon
June 17, 2025
6:30 PM

1. Conference with Legal Counsel – An,cipated Li,ga,on. Authorized pursuant to Government Code Section 54956.9 (d)(2). Three (3) Matters.

2. Conference with Legal Counsel - Exis,ng Li,ga,on. Authorized pursuant to Government Code Section 54956.9(d)(1):
a. City of American Canyon v. City of Vallejo, et al. (Sacramento Superior Court Case No. 34-2022-00327471).
b. City of Vallejo v. City of American Canyon et al . (Third District Court of Appeal Case No. C102070; formerly Sacramento County Superior Court Case No. 23WM000055). c. City of Vallejo v. City of American Canyon et al . (Sacramento County Superior Court Case No. 24WM000078).
d. City of Vallejo v. City of American Canyon et al. (Marin County Superior Court Case No. CV0003752).
e. Cherri Walton v. City of American Canyon (Napa Superior Court Case No. 25CV000796).
f. Joanne Perez v. City of American Canyon (Napa County Superior Court Case No. 23CV001474).

3. Ma?ers Rela,ng to Public Employment - Public Employee Appointment Pursuant to Mayor: Pierre Washington
Vice Mayor: Mark Joseph
Councilmembers: Brando Cruz, Melissa Lamattina, David Oro 2:00 P.M. – CLOSED SESSION
The mayor will call the meeting to order and conduct roll call. Council will immediately convene into Closed Session after hearing any public comment on Closed Session items. At 6:30 p.m. the Council will reconvene into Open Session and then resume Closed Session at the end of the meeting to address outstanding items, if necessary.

CALL TO ORDER - CLOSED SESSION

ROLL CALL - CLOSED SESSION

PUBLIC COMMENTS - CLOSED SESSION ITEMS
This time is reserved for members of the public to address the City Council on Closed Session Items only. Comments must be made in person and are limited to 3 minutes. Comments for items on the Open Session agenda will be taken when the item is called in Open Session. Comments for Items not on the Closed Session or Open Session agenda will be heard during the Open Session Public Comment period.

MEETING RECESS - COUNCIL TO CONVENE IN CLOSED SESSION
2:00 P.M. CLOSED SESSION ITEMS
CITY COUNCIL MEETING AGENDA JUNE 17, 2025
1 Government Code Section 54957(b).

Position: City Attorney

4. Ma?ers Rela,ng to Public Employment: Public Employee Performance Evalua,ons (pursuant to Gov. Code section 54957)
Positions: Jason Holley, City Manager

5. Minutes of Regular City Council Meeting held on June 3, 2025 Recommendation: Approve the minutes of Regular City Council Mee6ng held on June 3, 2025.

6. Report Upon Return from Closed Session for June 3, 2025 Recommendation: Approve the Report Upon Return from Closed Session for the Regular City Council Meeting held on June 3, 2025.

7. Minutes of Special City Council Closed Session Meeting held on June 6, 2025 Recommendation: Approve the minutes of the Special City Council Closed Session Mee6ng held on June 6, 2025.

8. Telstar Instruments Agreement
Recommendation: Adopt a Resolu6on approving an agreement with Telstar Instruments for a SCADA upgrade solu6on for the water reclama6on facility in an amount not to exceed $250,000.
6:30 P.M. OPEN SESSION - REGULAR MEETING

CALL TO ORDER - COUNCIL TO RECONVENE IN OPEN SESSION

PLEDGE OF ALLEGIANCE

ROLL CALL - OPEN SESSION

REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION

PROCLAMATIONS AND PRESENTATIONS

PUBLIC COMMENTS - ITEMS NOT ON CLOSED SESSION OR OPEN SESSION AGENDA This time is reserved for members of the public to address the City Council on items that are not on the Closed Session or Open Session agenda and are within the subject matter jurisdiction of the City Council. Comments are limited to 3 minutes. Comments for items on the Open Session agenda will be taken when the item is called in Open Session. The City Council is prohibited by law from taking any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the City Council does not respond to public comment at this time.

AGENDA CHANGES
The Mayor and Council may change the order of the Agenda or request discussion of a Consent Item. A member of the Public may request discussion of a Consent Item by making that request during Public Comment.

CONSENT CALENDAR
CITY COUNCIL MEETING AGENDA JUNE 17, 2025
2 9. Coastland Construction Inspection, Task Order #6
Recommendation: Adopt a Resolu6on authorizing the City Manager to execute Task Order #6 with Coastland Civil Engineering, Inc. for Construc6on Inspec6on services in an amount not to exceed $500,000.

10. Chemical Purchases FY2025-26
Recommendation: Adopt a Resolu6on authorizing the purchase of chemicals for the Water Enterprise in the amount not to exceed $585,000; for the Wastewater Enterprise in the amount of $45,000 and for the Recycled Water Enterprise in the amount of $80,000 for FY 2025/26.

11. Taylor Bailey Construction Amendment No. 2
Recommendation: Adopt a Resolu6on authorizing Amendment No. 2 to Agreement No. 2024-A134 with Taylor Bailey Construc6on for Independent Contractor Services in conjunc6on with the Water Treatment Plant sep6c system replacement for a total not to exceed $114,999.01.

12. City Hall Roof Replacement Award of Contract
Recommendation: Adopt a Resolu6on awarding a contract to Modern Method Roofing in the amount of $105,850 and authorizing the Public Works Director to approve contract change orders in an aggregate amount not to exceed the budget of $140,000 in conjunc6on with the City Hall Roof Replacement Project (CF23-0100).

13. Increase to the Fire District’s Development and Fire Capital Facili,es Fee for Fiscal Year 2025-2026 by the change in the Consumer Price Index.

Recommendation: Adopt a Resolu6on approving an increase to the American Canyon Fire Protec6on District’s Development Impact Fee and Fire Capital Facili6es Fee for All New Construc6on and New Development to Fund Fire Protec6on Services for Fiscal Year 2025- 2026 by the Change in the Consumer Price Index of 1.3%. 14 Janitorial Services Agreement
Recommendation: Authorize the City Manager to enter into an agreement with Premier Property Preserva6on, LLC for janitorial services for a term of one (1) year with the op6on for the City Manager to approve two (2) additional one (1) year extensions.

15. Appropriations Limit for Fiscal Year 2025-26
Recommendation: Adopt a Resolu6on establishing the Appropria6ons Limit of $24,403,653 for Fiscal Year 2025-26.

16. Veolia Water Technologies and Solutions Contract Amendment Recommendation: Adopt a Resolu6on authorizing Amendment No. 1 to Agreement No. 2024-A151 with Veolia Water Technologies and Solu6ons, increasing the contract amount by $46,396 for a total amount not to exceed $670,662 for Fiscal Year 25/26 and amending the Fiscal Year 2025/26 budget to increase Wastewater Opera6ons Fund 540 by $233,285 and Wastewater Capacity Fund 550 by $23,198.

17. Water Meter Purchase
Recommendation: Adopt a Resolu6on approving the purchase of water meters from CITY COUNCIL MEETING AGENDA JUNE 17, 2025
3 multiple vendors for an amount not to exceed $300,000.

18. Caltrans Maintenance Agreement
Recommendation: Adopt a Resolu6on authorizing the City Manager to execute a Maintenance Agreement with the State of California Department of Transporta6on (Caltrans) for the maintenance of sidewalk, curb, guHer, driveway and tree wells along the frontage of the property APN 058-312-010, on State Route (SR) 29 at postmile 1.053.

19. Citywide Landscaping Maintenance Services
Recommendation: Adopt a resolu6on authorizing the City manager to award an agreement with BrightView Landscape Services, Inc. for citywide maintenance for a term of three (3) years (2025 - 2028) with an option to extended for one (1) year for two (2) additional years.

20. Fiscal Year 2025/2026 Salary Schedule
Recommendation: Adopt a Resolu6on Approving the Fiscal Year 2025/2026 Salary Schedule.

21. Council Commitee Report - Mayor Pierre Washington

22. Future Agenda Items of Note

PUBLIC HEARINGS
There are no Public Hearing items.

BUSINESS

MANAGEMENT AND STAFF ORAL REPORTS

MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS
The Mayor and Council may comment on matters of public concern and announce matters of public interest; no collective council action will be taken.

FUTURE AGENDA ITEMS

ADJOURNMENT

CERTIFICATION
I, Taresa Geilfuss, City Clerk for the City of American Canyon, do hereby declare that the foregoing agenda of the City Council was posted in compliance with the Brown Act prior to the meeting date. ______________________________________
Taresa Geilfuss, CMC, City Clerk

PUBLIC PARTICIPATION
Tonight's meeting is a limited public forum. American Canyon promotes respectful and responsible behavior among its meeting participants, whether they are present in person or remotely. Using offensive language or remarks that CITY COUNCIL MEETING AGENDA JUNE 17, 2025
4 promote, foster, or perpetuate discrimination based on race, creed, color, age, religion, gender marital status, status regarding public assistance, national origin, physical or mental disability or sexual orientation/gender identification, as well as any other category protected by federal, state or local laws will not be tolerated. In the case of an occurrence, the speaker will be immediately disconnected from the microphone.

City Council and other public meetings will be conducted in person. This meeting is also available via Zoom, is broadcast live to residents on Napa Valley TV, on our website and on YouTube.

Zoom Link: Click here. Webinar ID: 847 1017 1711; Passcode: 123456. Phone in to Zoom: 408-638-0968 Oral comments, during the meeting: Oral comments can be made in person during Open and Closed Session or through Zoom in Open Session only. On Zoom use the "raise your hand" tool during any public comment period. To avoid confusion, hands raised outside of Public Comment periods will be lowered.

Written comments: Submit written comments by the eComments link, located on the Meetings & Agendas page of our website. eComments are available to council members in real time. To allow for Council review of comments, eComments will close at 3:00 pm on the day of the meeting.

The above identified measures exceed all legal requirements for participation in public comment, including those imposed by the Ralph M. Brown Act. For more information, please call the Office of the City Clerk at (707) 647-4369 or email [email protected].

AGENDA MATERIALS: City Council agenda materials are published 72 hours prior to the meeting and are available to the public via the City’s website at www.americancanyon.gov.

AMERICANS WITH DISABILITIES ACT: The City Council will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk at 4381 Broadway, Suite 201, American Canyon, CA 94503 or by email to [email protected]. Include your name, address, phone number and brief description of the requested materials, as well as your preferred alternative format or auxiliary aid, at least three calendar days before the meeting.

CITY COUNCIL MEETING AGENDA JUNE 17, 2025
5 CITY OF AMERICAN CANYON

REGULAR CITY COUNCIL MEETING

ACTION MINUTES
June 3, 2025
4:30 P.M. – CLOSED SESSION

CALL TO ORDER - CLOSED SESSION
The City Council meeting was called to order at 4:30 p.m.

ROLL CALL - CLOSED SESSION

Present: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington

Absent: None
Councilmember Brando Cruz arrived at 4:37 p.m.

PUBLIC COMMENTS - CLOSED SESSION ITEMS
Mayor Washington opened public comments. Written comments: none. Oral comments: none.

The public comment period was closed.

MEETING RECESS - COUNCIL TO CONVENE IN CLOSED SESSION
4:30 P.M. CLOSED SESSION ITEMS

1. Conference with Legal Counsel – Anticipated Litigation. Authorized pursuant to Government Code Section 54956.9 (d)(2). Three (3) Matters.

2. Conference with Legal Counsel - Existing Litigation. Authorized pursuant to Government Code Section 54956.9(d)(1):
a) City of American Canyon v. City of Vallejo, et al. (Sacramento Superior Court Case No. 34- 2022-00327471).
b) City of Vallejo v. City of American Canyon et al. (Third District Court of Appeal Case No.

C102070; formerly Sacramento County Superior Court Case No. 23WM000055). c) City of Vallejo v. City of American Canyon et al. (Sacramento County Superior Court Case No. 24WM000078).
d) City of Vallejo v. City of American Canyon et al. (Marin County Superior Court Case No.

CV0003752).
e) Cherri Walton v. City of American Canyon (Napa Superior Court Case No. 25CV000796). 6 6:30 P.M. OPEN SESSION - REGULAR MEETING

CALL TO ORDER - OPEN SESSION
The City Council meeting was called to order at 6:40 p.m.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.

ROLL CALL - OPEN SESSION

Present: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington

Absent: None

REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION A report on Closed Session and confirmation of reportable action was given by City Attorney William Ross.

PROCLAMATIONS AND PRESENTATIONS

3. Update from Napa County Supervisor Belia Ramos
Council received a presentation from Napa County Supervisor of District 5 Belia Ramos.

4. Proclamation: June 2025 as PRIDE Month
Mayor Washington announced the June 2025 as PRIDE Month proclamation. It was received by Kylee of LGBTQ Connection Napa Valley.

5. Juneteenth Proclamation and Business License Fee Waiver Mayor Washington announced Juneteenth proclamation. It was received by Brenda Knight with other community members.

Action: Motion to adopt Adopted Minute Order 2025-14 waiving Business License Fees for performers in the 2025 Juneteenth Event. made by Vice Mayor Mark Joseph,seconded by Councilmember Brando Cruz, and CARRIED by roll call vote.

Ayes: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington Nays: None
Abstain: None

Absent: None
7 PUBLIC COMMENTS - ITEMS NOT ON CLOSED SESSION OR OPEN SESSION AGENDA Mayor Washington opened public comments. Written comments: none. Oral comments: Beth Marcus was called to speak; Hugh Marquez was called to speak; Scott Myer was called to speak; Clarence Mamaril was called to speak; Valerie Zizak-Morais was called to speak; Arvind Nischal was called to speak. The public comment period was closed.

Meeting recessed at 7:28 p.m. to enjoy refreshments.

Meeting resumed at 7:45 p.m.

Mayor Washington reopened public comments. Oral comments: Fran Lemos was called to speak.

The public comment period was closed.

AGENDA CHANGES
There were no changes to the agenda.

CONSENT CALENDAR
Action: Motion to adopt the CONSENT CALENDAR made by Vice Mayor Mark Joseph, seconded by Councilmember Melissa Lamattina, and CARRIED by roll call vote.

Ayes: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington Nays: None
Abstain: None

Absent: None

6. Minutes of May 20, 2025 - Special Closed Session
Action: Approved the minutes of the Special Closed Session City Council meeting held on May 20, 2025.

7. Minutes of May 20, 2025 - Regular City Council Meeting Action: Approved the minutes of the Regular City Council meeting held on May 20, 2025.

8. Report Upon Return from Closed Session for May 20, 2025 Action: Approved the Report Upon Return from Closed Session for the Regular City Council meeting of May 20, 2025.

9. Napa Pasture Protein Grazing Agreement Amendment No. 1 Action: Adopted Resolution 2025-41 authorizing the City Manager to enter into Amendment No. 1 (Agreement 2025-76) to Agreement No. 2024-71 with Napa Pasture Protein, increasing the contract amount $118,000, for a total amount not to exceed $236, 000 for Fiscal Year 25/26 citywide grazing.
8 10. Annual Communications Services Agreement
Action: Adopted Resolution 2025-42 of the City Council of the City of American Canyon authorizing the City Manager to execute an agreement (Agreement 2025-71) with Tripepi Smith for strategic communications, graphic design, and marketing support services in the amount not to exceed $233,000 for Fiscal Year 2025/26, contingent on budget adoption for Fiscal Year 2025/26.

11. General Plan Municipal Code Consistency Updates
Action: Waived final reading, read by title only, and adopted Ordinance 2025-02 amending the Zoning Code, American Canyon Title 19 to be consistent with the General Plan and the Napa County Airport Land Use Compatibility Plan.

12. Knightsbridge Reconstruction and Water Main Improvements Project Construction Budget Action: Adopted Resolution 2025-43 amending the FY2024-25 Capital Budget and increasing Project Budget from $2,539,438 to $2,714,438 in conjunction with the Knightsbridge Reconstruction and Water Main Improvements Project (TR23-0100).

13. Permit Technician Services
Action: Adopted Resolution 2025-44 approving Amendment 3 (Agreement 2025-78) to Agreement 2022-A136 with the BPR Consulting Group to extend the contract for Permit Technician Services to the end of Fiscal Year 2025/26 and increase the total contract amount by $120,000 not to exceed $444,500.

14. Open Gov CMMS Amendment #1
Action: Adopted Resolution 2025-45 authorizing the City Manager to enter into Amendment #1 (2025-81) to Agreement 2025-08 - OpenGov (CMMS) to add the Transportation Domain.

PUBLIC HEARINGS

15. Public Hearing for Citywide LLAD Fiscal Year 2025/26 Council received a Citywide LLAD Fiscal Year 2025/26 staff report from Public Works Director Erica Ahman Smithies. Mayor Washington opened the public hearing and called for public comments. Written comments: none. Oral comments: none. The public comments period and public hearing were closed.

Action: Motion to adopt Resolution 2025-46 approving the Fiscal Year 2025/26 Annual Engineer's Report for the American Canyon Landscaping and Lighting Assessment District, approving the budgets within the Engineer's Report, confirming the assessment diagram and the annual assessment amounts, and authorizing the levy and collection of annual assessment for Fiscal Year 2025/26 made by Councilmember Brando Cruz, seconded by Vice Mayor Mark Joseph, and CARRIED by roll call vote.
9 Ayes: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington Nays: None
Abstain: None

Absent: None

16. Fiscal Year 2025-26 Recommended Budget for Adoption Council received a Fiscal Year 2025-26 Recommended Budget staff report and presentation from Assistant City Manager Juan Gomez and Finance Director Jemelyn Cruz. Mayor Washington opened the public hearing and called for public comments. Written comments: none. Oral comments: none. The public comment period and public hearing were closed.

Action: Motion to adopt Resolution 2025-47 to approve the Final Recommended Budget for Fiscal Year 2025-26 and authorize the City Manager to increase the appropriations for FY 2025-26 expenditures in an amount not to exceed the amount encumbered for expenses that did not occur prior to the end of FY 2024-25 but are expected to be expended in FY 2025-26 consistent with the original purpose. made by Vice Mayor Mark Joseph, seconded by Councilmember Melissa Lamattina, and CARRIED by roll call vote.

Ayes: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington Nays: None
Abstain: None

Absent: None

BUSINESS

17. Five-Year Capital Improvement Program (Fiscal Years 2025/26 - 2029/30) Council received a Five-Year Capital Improvement Program (Fiscal Years 2025/26 - 2029/30) staff report and presentation from Public Works Director Erica Ahman Smithies. Mayor Washington opened public comments. Written comments: none. Oral comments: Scott Myer was called to speak. The public comment period was closed.

Action: Motion to adopt Resolution 2025-48 adopting the Five-Year Capital Improvement Program for Fiscal Years 2025/26 - 2029/30. made by Councilmember Brando Cruz, seconded by Vice Mayor Mark Joseph, and CARRIED by roll call vote.

Ayes: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington Nays: None
Abstain: None

Absent: None
10 MANAGEMENT AND STAFF ORAL REPORTS
Council received oral updates from Parks & Recreation Director Alexandra Ikeda.

MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS
The mayor and council members provided oral reports and announced items of community interest

18. Council Committee Report - Mayor Pierre Washington
.

FUTURE AGENDA ITEMS

19. Future Agenda Items of Note
Future agenda items were reviewed.

ADJOURNMENT
The meeting was adjourned at 8:20 p.m.

Respectfully Submitted,
_____________________________________
Taresa Geilfuss, City Clerk
11 JUNE 3, 2025 CITY COUNCIL MEETING
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Pride Month: Kylee Dalton from LGBTQ
Connection Napa Valley received the proclamation.

Juneteenth and Business License Fee Waiver:

Brenda Knight received the proclamation along with
other members of the community.

Held a public hearing on the Citywide Landscaping and Lighting Assessment District (LLAD) for the FY 2025/26 and adopted a resolution approving the Annual Engineer’s report for the FY 2025/26 LLAD.

Adopted a Resolution approving the final recommended budget for FY 2025/26.

Adopted a Resolution adopting the Five-Year Capital Improvement Program for Fiscal Years 2025/26 - 2029/30.
12 William D. Ross
David P. Schwarz
Kypros G. Hostetter
Christina M. Bellardo
Law Offices of
William D. Ross
400 Lambert Avenue
Palo Alto, California 94306
Telephone: (650) 843-8080
www.lawross.com
Los Angeles Office:
11420 Santa Monica Blvd
#25532
Los Angeles, CA 90025
File No: 199/6
June 10, 2025

VIA E-MAIL
The Honorable Pierre Washington, Mayor
and Members of the City Council
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
Re: Report Upon Return from Closed Session; Regular City Council Closed Session Meeting of the American Canyon City Council of June 3, 2025 Dear Mayor Washington and Members of the City Council:

This communication sets forth reportable action, if any, of the City Council (“Council”) of the City of American Canyon (“City”), consistent with provisions of the Ralph M. Brown Opening Meeting Act (Government Code Section 54950, et seq.) resulting from the Closed Session of the Regular City Council Closed Session Meeting of June 3, 2025, consistent with Government Code Section 54957.1.

Mayor Washington, Vice Mayor Joseph, Council Members Oro and Lamattina convened in Open Session at 4:34 p.m. and after ascertaining that there were no public comments on the matters agendized for Closed Session consideration, adjourned to Closed Session at 4:34 p.m., with Council Member Cruz joining the Closed Session at 4:37 p.m. to address the Closed Session Agenda.

There were two (2) matters were agendized for Closed Session consideration:

1. Conference with Legal Counsel – Anticipated Litigation Authorized pursuant to Government Code Section 54956.9(d)(2). Three (3) Matters.

2. Conference with Legal Counsel – Existing Litigation. Authorized Pursuant to Government Code Section 54956.9(d)(1)
a. City of American Canyon v. City of Vallejo, et al. (Sacramento Superior Court Case No. 34-2022-00327471).
13 The Honorable Pierre Washington, Mayor
and Members of the City Council
June 10, 2025

Page 2 ends

b. City of Vallejo v. City of American Canyon et al. (Third District Court of Appeal Case No. C102070; formerly Sacramento County Superior Court Case No. 23WM000055).
c. City of Vallejo v. City of American Canyon et al. (Sacramento County Superior Court Case No. 24WM000078).
d. City of Vallejo v. City of American Canyon et al. (Marin County Superior Court Case No. CV0003752).
e. Cherri Walton v. City of American Canyon (Napa Superior Court Case No. 25CV000796).

With respect to Closed Session Agenda Item No. 1., there was no reportable action with respect to each of the three (3) matters considered under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(2).

With respect to Closed Session Agenda Item No. 2.a., there was reportable action in the form of unanimous Council direction (5-0) to consent to having City Attorney William D. Ross designated as a person most knowledgeable for depositions concerning the matters set forth in the Petition and to Consent to continued representation by Mr. Ross as Counsel in representation of the City in the matter, notwithstanding a potential conflict of interest created by his role as a PMK witness. Confirmation of that consent to representation is enclosed as Exhibit “A.” Except as indicated, there was no other reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(1).

With respect to Closed Session Agenda Item Nos. 2.b., 2.c., 2.d. and 2.e., there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(1).

The Closed Session concluded at 6:31 p.m.

After convening in Open Session, City Attorney Ross stated that a written report upon return from Closed Session consistent with Government Code Section 54957.1 would be prepared concerning the matters agendized for Closed Session review.

This communication should be reviewed under the Consent portion of the Agenda of your next Regular or Special City Council Meeting.
/
/
14 The Honorable Pierre Washington, Mayor
and Members of the City Council
June 10, 2025

Page 3 ends

Should you have questions concerning this Report, it may be taken off the Consent calendar when agendized in the future, or our office may be contacted in the interim.

Very truly yours,
William D. Ross
City Attorney
WDR:jf
Enclosure: Exhibit A – Consent to Representation
cc: Jason B. Holley, City Manager
Juan Gomez, Assistant City Manager
Taresa Geilfuss, City Clerk
15 CITY OF AMERICAN CANYON

SPECIAL CITY COUNCIL CLOSED SESSION MEETING

ACTION MINUTES
June 6, 2025
PUBLIC ADDRESS – CLOSED SESSION 8:00 A.M.

CALL TO ORDER
The meeting was called to order at 8:15 a.m.

ROLL CALL

Present: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington

Absent: None
Excused: None

PUBLIC COMMENT
Mayor Washington opened public comments. Written comments: none. Oral comments: none. The public comment period was closed.

CLOSED SESSION ITEMS

1. Matters Relating to Public Employment - Public Employee Appointment Pursuant to Government Code Section 54957(b). Position: City Attorney

ADJOURNMENT
The meeting was adjourned at 4:37 p.m.

CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, City Clerk
16 CITY COUNCIL AGENDA
JUNE 17, 2025

STAFF REPORT

CONSENT
ITEM NUMBER: 8.

TITLE
Telstar Instruments Agreement

RECOMMENDATION
Adopt a Resolu&on approving an agreement with Telstar Instruments for a SCADA upgrade solu&on for the water reclamation facility in an amount not to exceed $250,000.

CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
Norman Woods, Assistant Public Works Director - Utilities and Environmental Services Juan Gomez, Assistant City Manager

BACKGROUND & ANALYSIS
Since 2002, City staff has relied on the originally installed legacy Supervisory Control and Data Acquisi&on (SCADA) system at the Water Reclama&on Facility (WRF), which runs RSView Works so<ware by Rockwell Automa&on (Allen-Bradley). Although a so<ware upgrade was implemented in 2014, RSView is now significantly outdated and limits the op&miza&on of opera&onal controls.

Addi&onally, the rise of modern cybersecurity threats poses increased risk to the integrity of cri&cal infrastructure systems like the WRF.

The WRF treats two parallel process streams, domestic and industrial, making it a vital component of both public health and economic stability for the community. Upgrading the SCADA system is necessary to modernize facility opera&ons, improve data collec&on and management, enhance regulatory compliance, strengthen cybersecurity protec&ons, and support the ongoing health and safety of the community. As the City con&nues to grow, so do the domes&c and industrial demands placed on the WRF, necessita&ng more robust opera&onal capabili&es, staff training, and technology solutions.

The proposed SCADA upgrade will enable WRF staff to efficiently monitor and control facility opera&ons, both on-site and remotely. Key func&onali&es will include real-&me data collec&on, alarm management, emergency response coordina&on, li< sta&on monitoring, and automated control adjustments. The system will also improve the accuracy and accessibility of reports, data tracking, and trend analysis—tools that are essen&al for informed opera&onal planning and longterm strategy development. These enhancements will beDer posi&on the WRF to meet the 17 challenges of a growing city and ensure continued compliance with evolving state regulations.

A request for proposals was issued through the City's online portal OpenGov on February 26, 2025 and 5 responses were received on March 24, 2025. Out of the 6 submiDals, Telstar Instruments was selected for the SCADA Project at the Water Reclama&on Facility based on several cri&cal factors that set the company apart as the most qualified vendor. Their close proximity to the facility ensures limited emergency response &mes, allowing for rapid on-site support when urgent issues arise.

Telstar has provided over a decade of consistent and dependable technical assistance to the facility, developing a strong working knowledge of its systems and infrastructure. In addi&on, the company holds an excellent reputa&on in the industry, supported by strong references and a proven track record. Their deep historical knowledge of the facility’s current SCADA so<ware makes them uniquely equipped to implement system upgrades efficiently and with minimal opera&onal disruption.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."

FISCAL IMPACT
The Water Reclama&on SCADA upgrade implementa&on cost of $250,000 has already been budgeted in FY 2024/25 under capital project WW16-0300. Annual Igni&on SCADA so<ware service fees of $2,800 for FY 2025/26 and $3,000for FY 2026/27 will be included in each division’s Informa&on Technology Support Services account (42150). If the City elects to con&nue the Igni&on SCADA agreement beyond the ini&al term, annual costs will increase by 4% each fiscal year. Longterm savings are an&cipated as a result of improved facility control, enhanced cybersecurity, and more proactive emergency response staffing.

ENVIRONMENTAL REVIEW
15378(b) - The ac&on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec&ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

1. Resolution SCADA_6-17-2025

2. Testar Cost and Proposal of Work
18 RESOLUTION NO. 2025-

APPROVING AN AGREEMENT WITH TELSTAR INSTRUMENTS FOR THE SCADA UPGRADE SOLUTION FOR THE WATER RECLAMATION FACILITY IN AN AMOUNT NOT TO EXCEED $250,000 WHEREAS, the City has operated its Water Reclamation Facility (WRF) using a legacy Supervisory Control and Data Acquisition (SCADA) system running RSView Works software by Rockwell Automation (Allen-Bradley) since 2002; and
WHEREAS, although a software upgrade was completed in 2014, the SCADA system has become outdated, limiting the optimization of operational controls and increasing vulnerability to modern cybersecurity threats; and
WHEREAS, the WRF is a critical facility that treats both domestic and industrial wastewater, and is essential to maintaining public health, regulatory compliance, and economic stability; and WHEREAS, the City has determined that upgrading the SCADA system is necessary to modernize operations, enhance data collection and management, support emergency response, and meet growing demands on facility performance and security; and
WHEREAS, the proposed SCADA upgrade will provide real-time monitoring and control capabilities, including remote access, alarm management, lift station monitoring, emergency coordination, and improved reporting and data analysis; and
WHEREAS, the implementation cost of $250,000 has been budgeted in Fiscal Year 2024/25 under capital project WW16-0300, and annual software service fees of $2,800 for FY 2025/26 and $3,000 for FY 2026/27 will be budgeted in the Information Technology Support Services account (42150); and WHEREAS, the City anticipates long-term cost savings and operational benefits from the upgraded SCADA system through improved facility control, enhanced cybersecurity, and proactive staffing responses;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of American Canyon as follows:

1. The City Council hereby approves the contract with Telsar Instruments for the SCADA system upgrade at the Water Reclamation Facility in the amount of $250,000.

2. The City Manager, or their designee, is authorized to execute the agreement and any related documents necessary to implement the SCADA upgrade, subject to approval as to form by the City Attorney.

3. The Finance Department is authorized to make the necessary budget appropriations and adjustments consistent with the contract.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 17th day of June, 2025 by the following vote:
19 2
AYES:

NOES:

ABSTAIN:

STAFF REPORT

CONSENT
ITEM NUMBER: 9.

TITLE
Coastland Construction Inspection, Task Order #6

RECOMMENDATION
Adopt a Resolu)on authorizing the City Manager to execute Task Order #6 with Coastland Civil Engineering, Inc. for Construction Inspection services in an amount not to exceed $500,000.

CONTACT
Erica Ahmann Smithies, P.E., Public Works Director

BACKGROUND & ANALYSIS
Demand for development construc)on inspec)on fluctuates over )me. Staff currently expects the need for assistance with development projects will remain high for the foreseeable future. The City maintains permanent staffing levels at the mid-range of demands; it does not “staff up” to accommodate peak demands. Instead, the City maintains a cadre of experienced outside consultants to assist City staff as needed throughout the year.

Coastland Civil Engineering, Inc. (Coastland) has been providing Construc)on Inspec)on services for Development since 2021 to ensure that new infrastructure meets City Standards. Coastland consistently provides high quality work and con)nues to meet the City’s needs. An)cipated development includes a mul)tude of projects in Watson Ranch and Oat Hill. The services provided by Coastland are reimbursed by Developers.

Staff believes con)nuing with Coastland will provide consistent service for the City and the Developers, and proposes to issue Task Order #6 for FY 25/26 in an amount not to exceed $500,000.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."

FISCAL IMPACT
The proposed FY 25/26 budget includes sufficient funds for the recommended ac)on in Development Engineering Professional Services 105-60-660-42160 and will be offset by Developer reimbursements.
35 ENVIRONMENTAL REVIEW
15378(b) - The ac)on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec)ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

1. Resolution - Coastland
36 RESOLUTION NO. 2025-______
AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER #6 WITH COASTLAND CIVIL ENGINEERING, INC. FOR CONSTRUCTION INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $500,000
WHEREAS, the City of American Canyon has specific and highly technical requirements regarding the development of infrastructure associated with private development; and WHEREAS, Coastland Civil Engineering, Inc. (Coastland) has been providing Construction Inspection services for the City since 2021; and
WHEREAS, Coastland continues to meet the needs of the City and provides excellent service to City staff and Developers; and
WHEREAS, the FY25/26 budget 105-60-660-42160 includes $500,000 for this action; and WHEREAS, the expense will be offset by Developer reimbursement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby authorizes the City Manager to execute Task Order #6 with Coastland Civil Engineering, Inc. for Construction Inspection Services in an amount not to exceed $500,000; and PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the June 17th
, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

STAFF REPORT

CONSENT
ITEM NUMBER: 10.

TITLE
Chemical Purchases FY2025-26

RECOMMENDATION
Adopt a Resolu)on authorizing the purchase of chemicals for the Water Enterprise in the amount not to exceed $585,000; for the Wastewater Enterprise in the amount of $45,000 and for the Recycled Water Enterprise in the amount of $80,000 for FY 2025/26.

CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
Norman Woods, M.B.A., Assistant Public Works Director
Dominic Patrick, Water Systems Manager

BACKGROUND & ANALYSIS
The City cooperates with other local agencies to obtain bulk pricing for chemicals to aid in the treatment of drinking water, wastewater and recycled water. The “North Bay Agency Chemical Pool” is comprised of the ci)es of American Canyon, Napa, Vallejo, Fairfield, Vacaville and others. The City has par)cipated in the “Pool” since 1994. Each Fiscal Year, this process ensures the City receives the best possible prices from vendors.

Sodium Hydroxide is used to adjust pH depending on source water quality. Sodium Hypochlorite is used in the disinfec)on process of finished potable and recycled water. The disinfec)on process and pH adjustments help control and mi)gate the forma)on of disinfec)on byproducts and opera)onal changes made in this regard can result in a change of consumables. Aluminum sulfate is used in water purifica)on. In water purifica)on, it causes suspended impuri)es to coagulate into larger particles and then settle to the bottom to be filtered out.

For FY 2025/26, the lowest responsive and responsible bidders for the Pool are as follows:

Vendor Chemical
Chemtrade
Aluminum Sulfate (Acid
Alum, Full)
Univar
Sodium Hydroxide (25%
NaOH, Full)
38 Thatcher
Sodium Hypochlorite
(12.5% NaOCI, Short)
Other chemicals outside the Consor)um are Pro Pac 9890, CT-00011 and CC950S which are advanced engineered coagulants that enhance organic removal assis)ng in reduc)on of Disinfec)on-By-Products and improves overall plant performances. By using advanced coagulants, it reduces other chemicals. Citric Acid is a weak acid made of citrus fruits, it is used in water chemistry for stabiliza)on, neutraliza)on and removes inorganic material from the membrane filters. These chemicals are obtained from NTU Technologies, Inc., BWS, Inc., USALCO, LLC and Thatcher.

It is an)cipated that the cost of Chemicals will be $585,000 for the Water Enterprise; $45,000 for the Wastewater Enterprise and $80,000 for the Recycled Water Enterprise. These amounts have been budgeted in FY2025/26.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."

FISCAL IMPACT
The FY2025/26 Budget includes sufficient funds for chemical purchases in Water Enterprise 510-50- 560-43115, Wastewater Enterprise 540-50-570-43115 and Recycled Water Enterprise 580-50-590- 43115 to implement the recommended action.

ENVIRONMENTAL REVIEW
15378(b) - The ac)on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec)ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

1. Resolution - Chemicals
39 RESOLUTION NO. 2025-

A RESOLUTION AUTHORIZING THE PURCHASE OF CHEMICALS FOR THE WATER ENTERPRISE IN AN AMOUNT NOT TO EXCEED $585,000, WASTEWATER ENTERPRISE IN AN AMOUNT NOT TO EXCEED $45,000 AND RECYCLED WATER ENTERPRISE IN AN AMOUNT NOT TO EXCEED $80,000 FOR FY 2025/26 WHEREAS, the City of American Canyon belongs to the “Noth Bay Agency Chemical Pool” to obtain bulk pricing for chemicals to aid in the treatment of drinking water, solid waste, and recycled water; and WHEREAS, the lowest responsive and responsible bidder for Aluminum Sulfate (Acid Alum, Full) is Chemtrade at $574.00/Dry Ton; and
WHEREAS, the lowest responsive and responsible bidder for Sodium Hydroxide (25% NaOH, Full) is Univar at $774.81/Dry Ton; and
WHEREAS, the lowest responsive and responsible bidder for Sodium Hypochlorite (12.5% NaOCI, Short) is Thatcher at 3.49/Gallon; and
WHEREAS, the City of American Canyon also obtains chemicals outside of the North Bay Agency Chemical Pool for NTU Technologies, Inc., BWS, Inc., USALCO, LLC and Thatcher; and WHEREAS, sufficient funds were budgeted in the FY 2025/26 Water Operating Budget, Line Item 510-50- 560-43115, Operating Supplies; and
WHEREAS, sufficient funds were budgeted in the FY 2025/26 Waste Water Operating Budget, Line Item 540-50-570-43115, Operating Supplies; and
WHEREAS, sufficient funds were budgeted in the FY 2025/26 Recycled Water Operating Budget, Line Item 580-50-590-43115, Operating Supplies.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon authorizes the purchase of chemicals for the Water Enterprise in an amount not to exceed $585,000, Wastewater Enterprisein an amount not to exceed $45,000, and Recycled Water Enterprise in an amount not to exceed $80,000for FY 2025/26.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 17th day of June, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Pierre Washington, Mayor
40 2
ATTEST: APPROVE AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 41 CITY COUNCIL AGENDA
JUNE 17, 2025

STAFF REPORT

CONSENT
ITEM NUMBER: 11.

TITLE
Taylor Bailey Construction Amendment No. 2

RECOMMENDATION
Adopt a Resolu*on authorizing Amendment No. 2 to Agreement No. 2024-A134 with Taylor Bailey Construc*on for Independent Contractor Services in conjunc*on with the Water Treatment Plant septic system replacement for a total not to exceed $114,999.01.

CONTACT
Erica Ahmann Smithies, P.E., Public Works Director

BACKGROUND & ANALYSIS
In 2023, the need for a new sep*c system was iden*fied at the Water Treatment Plant when it was determined the exis*ng system built in the 1970's was star*ng to fail at the facility. Staff worked with one of the City's on-call design firms, RSA+ of Napa, to work on a new sep*c loca*on and coordinate permitting with the County of Napa for the needed improvements.

The project was approved and ready for permi?ng by the County in May 2024. Staff solicited proposals from several construc*on companies and Taylor-Bailey Construc*on was the sole bidder for an amount not to exceed $95,480.00
On August 27, 2024, Agreement No. 2024-A134 was executed in the amount of $95,480.00 with Taylor-Bailey Construction to furnish and install a new septic system at the Water Treatment Plant.

On December 6, 2024, Amendment No. 1 was executed for the cost of bonds in the amount of $3,436.80 not included in the original construction proposal.

Work was substan*ally completed in mid-December with only punchlist items remaining. However, aDer back to back storms in December and January, one of the tanks was showing signs of distress and needed to be replaced by the contractor. The tank had been repurposed from an earlier City project at the direc*on of staff, therefore the City is obligated to pay for the addi*onal work in the amount of $16,082.21.
42 FISCAL IMPACT
Sufficient funding is available in the Water Opera*ons Fund to cover the addi*onal cost of $16,082.21.

ENVIRONMENTAL REVIEW
15302 - The Project is exempt from review under the California Environmental Quality Act ("CEQA") under the Class 2 exemp*on of replacement or reconstruc*on of exis*ng facili*es of Sec*on 15302 of Title 14 of the California Code of Regula*ons and said exemp*on is not negated by any excep*on under Section 15300.2 of said Regulations.

ATTACHMENTS:

1. Resolution - Taylor Bailey

2. Amend #2 - Taylor Bailey
43 RESOLUTION NO. 2025-
A RESOLUTION AUTHORIZING AMENDMENT NO. 2 TO AGREEMENT NO. 2024-A134 WITH TAYLOR

BAILEY CONSTRUCTION FOR INDEPENDENT CONTRACTOR SERVICES IN CONJUCTION WITH THE WATER TREATMENT PLANT SEPTIC SYSTEM REPLACEMENT FOR A TOTAL NOT TO EXCEED $114,999.01 WHEREAS, in 2023 the need for a new septic system was identified at the Water Treatment Plant; and WHEREAS, the project was permitted by the County in May 2024; and WHEREAS, Taylor Bailey Construction was the sole bidder; and WHEREAS, Taylor Bailey Construction was awarded the project in the amount of $95,480; and WHEREAS, Amendment No. 1 was issued in the amount of $3,436.80 for necessary bonds; and WHEREAS, one of the repurposed tanks needed to be replaced, the additional cost is $16,082.21; and WHEREAS, there are sufficient funds in the Water Operations fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon Authorizes Amendment No. 2 to Agreement No. 2024-A134 with Taylor Bailey Construction for Independent Contractor Services in conjunction with the Water Treatment Plant septic system replacement for a total not to exceed $114,999.01.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 17th day of June, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Pierre Washington, Mayor
ATTEST: APPROVE AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 44 CITY OF AMERICAN CANYON AGREEMENT NO. 2025-_____
AMENDMENT #2 TO AGREEMENT NO. 2024-A134, CITY OF AMERICAN CANYON

STANDARD AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES

WITH TAYLOR-BAILEY

RECITALS

1. The City of American Canyon (“CITY”) and Taylor-Bailey (“CONTRACTOR”) have entered into an Agreement (2024-A134) dated August 27, 2024.

2. The City and the Contractor have entered into Amendment #1 (2024-A181) to Agreement 2024-A134 dated December 6, 2024 for a not to exceed amount of $98,916.80.

3. The Agreement provides for amendments to perform specific tasks under a specific scope of services that may arise during the term of the agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1.00 SERVICES AND COMPENSATION
CONTRACTOR agrees to provide services as listed in Attachment “A” to increase the contract amount for additional services in the amount of $16,082.21 for a total not to exceed contract amount of $114,999.01.

2.00 REMAINING PROVISIONS
All other terms of the August 27, 2024 Agreement remain in full force and effect.

Executed on __________________, at American Canyon, California.

CITY: CONTRACTOR:

By: ____________________________ By: __________________________ Jason B. Holley Robert W. Covey
City Manager Project Manager
45 Invoice
Date
4/30/2025
Invoice #
2816-REV
Bill To
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
Project
American Canyon - Water Treatment Plant
Taylor Bailey, Inc.
355 LaFata Street
Suite E
St. Helena, CA 94574
P.O. Number
24-0906
Terms
Net 15
Due Date
5/15/2025
Total
Balance Due
Payments/Credits
A service charge of 18% per annum will be charged
on all amounts overdue on regular statement dates
We appreciate your prompt payment!
Lic. # 778716
Description Hours/Qty. Rate Amount
Emergency Repair, Remove and Install New Dosing
Tank
December 18, 2025 Through January 3, 2025
Equipment Total 210.00 210.00
Laborer 7,805.00 7,805.00
Caste Equipment #8917 794.25 794.25
Castle Equipment #8892 1,050.01 1,050.01
BoDean #13179 447.76 447.76
BoDean #13119 383.61 383.61
Vulcan Materials #2531701 93.60 93.60
Pace Supply #0310094891 2,521.39 2,521.39
Pace Supply #0310105893 78.96 78.96
Pace Supply #0310105440 292.64 292.64
Pace Supply #0310105288 126.93 126.93
Pace Supply #0310107151 7.40 7.40
Central Valley #3091159 43.40 43.40
Central Valley #3091425 21.52 21.52
Central Valley #3092076 13.06 13.06
Clover Flat Landfill #02-01037931 95.00 95.00
Subtotal 13,984.53
Overhead Mark up 15% 2,097.68 2,097.68
$16,082.21
$16,082.21
$0.00
Attachment A
46 CITY COUNCIL AGENDA
JUNE 17, 2025

STAFF REPORT

CONSENT
ITEM NUMBER: 12.

TITLE
City Hall Roof Replacement Award of Contract

RECOMMENDATION
Adopt a Resolu+on awarding a contract to Modern Method Roofing in the amount of $105,850 and authorizing the Public Works Director to approve contract change orders in an aggregate amount not to exceed the budget of $140,000 in conjunc+on with the City Hall Roof Replacement Project (CF23-0100).

CONTACT
Erica Ahmann Smithies, P.E., Public Works Director

BACKGROUND & ANALYSIS
The low slope por+on of the City Hall roof has reached the end of its useful life and has been prone to leaks the past couple of winters. While repairs have been made the recommenda+on is to overlay the exis+ng roof with a 60 mil poly vinyl chloride (PVC) heat welded, Title 24 "Cool" roof, single ply membrane system. The PVC type of roof carries a 20-year manufacturer's materials warranty.

The project was es+mated to cost less than $225,000 therefore qualified to be bid informally per the bidding threshold of the California Uniform Construc+on Cost Accoun+ng (CUPCCA) policies. Roofing contractors from the City's CUPCAA list were invited to bid on the roof project with only one responsive bid received by Modern Method Roofing of Napa in the amount of $105,850.

Modern Method has successfully completed projects for the City and neighboring agencies over the years and staff recommends the contract for award. Any addi+onal repair work that may be discovered during the course of work (i.e. water damage) may be authorized by the Public Works Director via contract change order up to the approved project budget. The work is an+cipated to start in July 2025 and take approximately 8-16 working days pending weather.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Not applicable.

FISCAL IMPACT
47 The City Hall Roof Replacement Project (CF23-0100) is included in the FY 25/26 budgeted capital improvement program for an amount of $140,000.

ENVIRONMENTAL REVIEW
15301 - The Project is exempt from review under the California Environmental Quality Act ("CEQA") under the Class 1 exemp+on of exis+ng facili+es of Sec+on 15301 of Title 14 of the California Code of Regula+ons and said exemp+on is not negated by any excep+on under Sec+on 15300.2 of said Regulations.

ATTACHMENTS:

1. Resolution Modern Method
48 RESOLUTION NO. 2025-

A RESOLUTION AWARDING A CONTRACT TO MODERN METHOD ROOFING IN THE AMOUNT OF $105,850 AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO APPROVE CONTRACT CHANGE ORDERS IN AN AGGREGATE AMOUNT NOT TO EXCEED THE BUDGET OF $140,000 IN CONJUNCTION WITH THE CITY HALL ROOF REPLACEMENT PROJECT (CF23-0100) WHEREAS, a portion of the City Hall roof has reached the end of its useful life and has been prone to leaks the past couple of winters; and
WHEREAS,staff solicited informal bids from licensed roofers following the City adopted procedures of the California Uniform Construction Cost Accounting Act; and WHEREAS, the City received a single bid from Modern Method Roofing of Napa in the amount of $105,850; and
WHEREAS, Modern Method has successfully completed projects for the City and neighboring agencies over the years; and
WHEREAS, the work is budgeted in the FY 2025/26 Capital Improvement Project CF23-0100 for an amount not to exceed $140,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby awards a contract to Modern Method Roofing in the amount of $105,850 and authorizes the Public Works Director to approve contract change orders in an aggregate amount not to exceed the budget of $140,000 in conjunction with the City Hall Roof Replacement Project (CF23-0100).

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 17th day of June, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

STAFF REPORT

CONSENT
ITEM NUMBER: 13.

TITLE
Increase to the Fire District’s Development and Fire Capital Facili)es Fee for Fiscal Year 2025-2026 by the change in the Consumer Price Index.

RECOMMENDATION
Adopt a Resolu)on approving an increase to the American Canyon Fire Protec)on District’s Development Impact Fee and Fire Capital Facili)es Fee for All New Construc)on and New Development to Fund Fire Protec)on Services for Fiscal Year 2025-2026 by the Change in the Consumer Price Index of 1.3%.

CONTACT
Geoff Belyea, Fire Chief

BACKGROUND & ANALYSIS
On January 24, 2023, at a Regular Fire Board Mee)ng, the Board adopted Resolu)on 2023-05. This resolu)on ini)ated the process of implemen)ng a fee to offset the rising costs that new development imposes on the District. The Board resolved to collaborate with the City of American Canyon to implement this fee for proper)es within both the City and the District, and with the County of Napa for properties within both the District and the County.

Subsequently, on March 21, 2023, the City of American Canyon adopted Ordinance 2023-02. Sec)on 2, item H of this ordinance s)pulates that the Fire Capital Facili)es Fee shall automa)cally be adjusted annually on July 1, based on the change in the Consumer Price Index (CPI) for the San Francisco/Oakland/San Jose area for the twelve-month period ending the preceding April.

In accordance with Ordinance 2023-02, it is recommended that the Development Impact Fee for all new construc)on and new developments, which is intended to fund fire protec)on services, be increased by the cost-of-living adjustment of 1.3%. This adjustment aligns with the CPI increase for the specified region.

If approved, this adjustment will result in the Impact Fee increasing from one dollar and two cents ($1.02) per square foot to one dollar and three cents ($1.03) per square foot, represen)ng a one cent ($0.01) increase.
50 COUNCIL PRIORITY PROGRAMS AND PROJECTS
Public Safety: "Ensure American Canyon remains a safe community."

FISCAL IMPACT
The fiscal impact of applying the 1.3% CPI increase to the Development Impact Fee will result in the fee increasing from one dollar and two cents ($1.02) to one dollar and three cents ($1.03) per square foot. This represents a one cent ($0.01) increase.

ENVIRONMENTAL REVIEW
None.

ATTACHMENTS:

1. Resolution - Fire District Impact Fees

2. 2025 April CPI

3. CC ORDINANCE 2023-02
51 RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON, CALIFORNIA, APPROVING

THE ADJUSTMENT OF THE DEVELOPMENT IMPACT FEE AND FIRE CAPITAL FACILITIES FEE FOR ALL NEW

CONSTRUCTION AND NEW DEVELOPMENT TO FUND FIRE PROTECTION SERVICES BY THE CHANGE IN THE CONSUMER PRICE INDEX OF 1.5%
WHEREAS, on January 24, 2023, at a Regular Fire Board Meeting, the Board adopted Resolution 2023-05 to begin the process of implementing a fee to offset the rising costs that new development imposes on the District; and
WHEREAS, the Board resolved to work with the City of American Canyon to implement this fee for properties within both the City and the District, and to work with the County of Napa for properties within both the District and the County; and
WHEREAS, on March 21, 2023, the City of American Canyon adopted Ordinance 2023-02, which under Section 2, item H, stipulates that the Fire Capital Facilities Fee shall automatically be adjusted annually on July 1, based on the change in the Consumer Price Index (CPI) for the San Francisco/Oakland/San Jose area for the twelve-month period ending the preceding April; and WHEREAS, the CPI for the San Francisco/Oakland/San Jose area has increased by 1.3% for the twelve-month period ending April 2025; and
WHEREAS, it is consistent with Ordinance 2023-02 to apply this cost of living adjustment to the Development Impact Fee for all new construction and new development within the District; and WHEREAS, the recommended adjustment will result in an increase of the Development Impact Fee from one dollar and two cents ($1.02) per square foot to one dollar and three cents ($1.03), representing a one-cent ($0.01) increase; and
WHEREAS, this adjustment will help ensure that the District can adequately fund fire protection services in response to the demands imposed by new development.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon, State of California, hereby approves the adjustment of the Development Impact Fee for all new construction and new development to one dollar and three cents ($1.03) per square foot, effective July 1, 2025, in accordance with the 1.3% CPI increase.

PASSED, APPROVED and ADOPTED at the regular meeting of the City Council of the City of American Canyon, State of California, held on the 17th day of June 2025 by the following:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
Pierre Washington, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________
Teresa Geilfuss, City Clerk William D. Ross, City Attorney 52 53
54 55
56 CITY COUNCIL AGENDA
JUNE 17, 2025

STAFF REPORT

CONSENT
ITEM NUMBER: 14
TITLE
Janitorial Services Agreement

RECOMMENDATION
Authorize the City Manager to enter into an agreement with Premier Property Preserva-on, LLC for janitorial services for a term of one (1) year with the op-on for the City Manager to approve two (2) additional one (1) year extensions.

CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
Brian Materne, Superintendent
Noni Thomas, Management Analyst

BACKGROUND & ANALYSIS
Janitorial services are a necessity throughout city owned facili-es. The Public Works Department has one employee for the Building Maintenance division that must carry out all day-to-day and specialty maintenance, which makes it necessary to contract out janitorial services.

In February 2025, staff posted a Request for Proposals through OpenGov, the City's procurement portal. Through that process, eight (8) proposals were received in March 2025. Of those proposals, one (1) company was previously u-lized, and staff was not pleased with their performance and three (3) others seemed to have had errors in their bid tabulations. The annual base costs for each:

Karla's Janitorial $128,000
Univeral Building Services $159,000
Built Clean $182,000
CBJ Building Maintenance $198,000
Premier Property Preservation $201,000
JJ Janitorial Services $255,500
ABM $258,000
Vested Solutions $410,500
57 Staff recommends contrac-ng with Premier Property Preserva-on, LLC as they were the most responsible proposer. The contract term would be for one (1) year with two (2) one (1) year extensions to be approved by the City Manager. The total annual contract will be for $201,000 which includes special event pricing of an average of 48 events per year.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."

FISCAL IMPACT
Staff es-mates the total contract for the first year should not exceed $201,000 with the inclusion of added costs for cleaning aGer special events. Special events were calculated at an average of 48 annually at an amount of $8,700 over the base bid. Funds were budgeted in the ISF Building Maintenance Fund 651-50-535-42190.

ENVIRONMENTAL REVIEW
15378(b) - The ac-on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec-ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

1. Resolution Premier Property Preservation
58 RESOLUTION NO. 2025-

AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PREMIER PROPERTY PRESERVATION, LLC FOR JANITORIAL SERVICES FOR A TERM OF ONE (1) YEAR WITH AN OPTION FOR THE CITY MANAGER TO EXTEND FOR ONE (1) YEAR FOR TWO (2) ADDITIONAL YEARS WHEREAS, a contract for janitorial services is necessary to maintain the cleanliness and upkeep of city facilities; and
WHEREAS, the existing contract for janitorial services expires on June 30, 2025; and WHEREAS, the city posted a request for proposals in February 2025 and received eight proposalsin March 2025; and
WHEREAS, Premier Property Preservation, LLC was the responsible proposer at a cost of $201,000 for a one year term, including allowances for special event pricing at an average of 48 events per year; and WHEREAS, the funding is budgeted within the Building Maintenance Support Services ISF fund (651).

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to enter into an agreement with Premier Property Preservation, LLC for a term of one (1) year, July 1, 2025 to June 30, 2026, with an option of two (2) one year extensions to be authorized by the City Manager.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the ___ day of ____, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

STAFF REPORT

CONSENT
ITEM NUMBER: 15.

TITLE
Appropriations Limit for Fiscal Year 2025-26

RECOMMENDATION
Adopt a Resolution establishing the Appropriations Limit of $24,403,653 for Fiscal Year 2025-26.

CONTACT
Jemelyn Cruz, Finance Director

BACKGROUND & ANALYSIS
State law requires local agencies to set an appropria5on limit each fiscal year. Only certain annual budget appropria5ons from proceeds of taxes, as defined by the law and accepted statewide guidelines, are subject to the limit. The appropria5ons limit is revised annually, usually upward, by a formula that uses a combina5on of percent changes in Statewide Per Capita Income (PCI) or Nonresidential assessed valuation, if available, and City or County Population.

In November 1979, the people of California added Ar5cle XIIIB to the State Cons5tu5on, which placed limita5ons on the appropria5ons of State and local governments. The Ar5cle was implemented by State Legisla5on that defined the process to calculate the appropria5ons limit and required that ci5es adopt a resolu5on se?ng an annual appropria5ons limit. The base year was set as fiscal year 1978-1979 and the first appropria5ons limit was applied to qualifying public agencies budgets for fiscal year 1980-1981.

In June 1990, the people approved Proposi5on 111, which, among other things, amended Ar5cle XIII-B. The amendment made significant changes to how the limit was calculated, what appropria5ons were subject to the limit, and added City Council resolu5on and independent audit requirements. One of the significant changes was to allow the City to make two choices when computing the appropriations limit:
• Infla5on factor - choose between per capita income or increase in non-residen5al assessed valuation due to new construction
• Population factor – choose between City population growth and County population growth. 60 There are no penal5es under Ar5cle XIIIB for failure to adopt a limit. Compliance with the law is intended to be locally enforced by ci5zens. The State Government Code limits challenges in civil court to the appropriations limit calculation to a 45-day period after adoption.

If the por5on of the City Budget that is subject to the appropria5ons limit exceeds the limit, the City can carry over the excess amount one year. If, aFer the second year, the City s5ll exceeds the limit, the voters can approve a temporary override or the City would need to refund the excess amount to the people by lowering taxes or fees.

Updated Appropriations Limit
The change in the appropria5ons limit is calculated annually by staff from the informa5on provided by the State Department of Finance each May. Consistent formulas are used to ensure an accurate calculation.

Proceeds of Taxes and Appropriations Subject to Limit
AFer the annual appropria5ons limit is calculated, the appropria5ons that are subject to the limit are determined. The appropria5ons limit only applies to appropria5ons that are funded from proceeds of taxes. Proceeds of taxes are fairly well defined in the statewide guidelines; however, the method to determine which appropriations are from proceeds of taxes can be complicated.

FY 2025-26 Appropriation Limit
The Fiscal Year 2025-26 appropria5ons limit was calculated using the Statewide Per Capita Personal Income increase of 6.44% and the City popula5on increase of 2.94%. When applying these factors, the prior year limit increased by 9.57%.

City Limit
The appropria5ons limit increased $2,335,430 to $26,739,083 (Resolu5on in ALachment 1).

Appropria5ons that are subject to the limit are $21,611,417 so the City is under the appropria5on limit by $5,127,666. The detail computa5ons are presented in the Appropria5ons Spending Limit Worksheet (Attachment 2).

Public Notice
As required by State Law, detailed worksheets suppor5ng the appropria5on limit calcula5ons have been available for review by the public in the City Clerk’s Office. Also, as required, a public notice has been published for this meeting to adopt the appropriations resolution.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Not applicable.

FISCAL IMPACT
None
61 ENVIRONMENTAL REVIEW
None.

ATTACHMENTS:

1. Resolution City Appropriation Limit

2. Appropriations Limit FY 2025-26
62 RESOLUTION NO. 2025-______

A RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT
FOR FISCAL YEAR 2025-26

PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION

WHEREAS, Article XIIIB of the California Constitution provides that the total annual appropriations subject to limitation of each governmental entity, including this City, shall not exceed the appropriation limit of such entity of government for the prior year adjusted for certain changes mandated by Proposition Four passed in November, 1979 and Proposition 111 in June, 1990 except as otherwise provided for in said Article XIIIB and implementing State statutes; and WHEREAS, pursuant to said Article XIIIB, and Section 7900 et seq. of the California Government Code, the City is required to set its appropriation limit for each fiscal year; and WHEREAS, the City Manager has conducted the necessary analysis and calculations to determine the appropriations limit for fiscal year 2025-26, relying on the permanent fiscal year 1993-1994 limit approved by the voters on November 3, 1994, and the following two adjustment factors: Change in Population; and Change in Per Capita Income; and
WHEREAS, based on such calculations the City Manager has determined the said appropriation limit, and pursuant to Section 7910 of the Government Code, has made available to the public the documentation used in the determination of the limit;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of American Canyon that:

1. The annual adjustment factors used to calculate the Fiscal Year 2025-26 appropriations limit shall be the change in State Per Capita Income 6.44% and January 2024 City population change of 2.94%.

2. The new Appropriation Limit for Fiscal Year 2025-26 shall be and is hereby set in the amount of $26,739,083.

3. The Fiscal Year 2025-26 Adopted Budget appropriations subject to the appropriation limit is $21,611,417.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on 17th day of June, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________
Pierre Washington, Mayor
ATTEST: APPROVE AS TO FORM:
_______________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney

63 Calculation of Spending Limit
Last Year's Limit (FY 2024-25) 24,403,653 $
Adjustment Factors:

Change in Population/City 1.7700 1.0294
Change in Non-residential
Assessed Valuation N/A
Change in Per Capita Income 3.6200 1.0644

1.0957
Total Adjustment (Percent) 9.57%
Total Adjustment (Dollars) 2,335,430
NEW APPROPRIATION LIMIT FOR FISCAL YEAR 2025-26 26,739,083 $ Appropriations in Fiscal Year 2025-26 Compared to Limit Proceeds from Taxes (Schedule 3) 21,611,417
Less Exclusions: -
Appropriations Subject to Limitation 21,611,417
Appropriations Limit for FY 2025-26 (Schedule 1) 26,739,083 Amount Under Limit 5,127,666 $
APPROPRIATIONS SPENDING LIMIT (Prop. 4 "Gann Limit")
FY 2025-26
City of American Canyon
64 Determination of Proceeds of Taxes
(Source: Adopted Budget for FY 2025-26)

PROCEEDS OF
TAXES
NONPROCEEDS TOTAL
Taxes
Property Tax 12,783,500 12,783,500
Prop Tax In Lieu of Veh Lic Fees 2,395,000 2,395,000
Transfer Tax 160,000 160,000
Sales Tax 3,400,000 3,400,000
Transient Occupancy Tax 1,929,000 1,929,000
Tourist Business Imp District Tax 3,000 3,000
Card Room Admission Tax 320,000 320,000
Business License 265,000 265,000
Other Revenues:

Franchise Fees 1,207,000 1,207,000
Vehicle Code Fines 81,000 81,000
Public Work Fees 10,500 10,500
Building Permits/Plan Check Fees 800,400 800,400
Planning Fees 12,500 12,500
Transfers In 5,118,869 5,118,869
Miscellaneous 3,649,012 3,649,012
SUBTOTAL 21,255,500 10,879,281 32,134,781
Allocation of Interest
Subtotals Percent of Total 66.14% 33.86% 100.00%
Interest Allocation 355,917 182,210 538,127
Total with Interest 21,611,417 $ 11,061,491 32,672,908 $

REVENUE
65 CITY COUNCIL AGENDA
JUNE 17, 2025

STAFF REPORT

CONSENT
ITEM NUMBER: 16.

TITLE
Veolia Water Technologies and Solutions Contract Amendment

RECOMMENDATION
Adopt a Resolu+on authorizing Amendment No. 1 to Agreement No. 2024-A151 with Veolia Water Technologies and Solu+ons, increasing the contract amount by $46,396 for a total amount not to exceed $670,662 for Fiscal Year 25/26 and amending the Fiscal Year 2025/26 budget to increase Wastewater Operations Fund 540 by $233,285 and Wastewater Capacity Fund 550 by $23,198.

CONTACT
Norman Woods, Assistant Public Works Director - Utilities and Environmental Services Erica Ahmann Smithies, P.E., Public Works Director
Juan Gomez, Assistant City Manager

BACKGROUND & ANALYSIS
The wastewater treatment process at the City’s Water Reclama+on Facility (WRF), also known as the Wastewater Treatment Plant, involves two primary methods: biochemical treatment and physical screening. Wastewater inflows fluctuate significantly in volume and composi+on throughout the day, month, and year. Despite this variability, the city is mandated to maintain consistently high effluent quality at all +mes. Therefore, it is essen+al to ensure that the WRF has sufficient hydraulic and biochemical treatment capacity to protect the environment and supply a reliable, con+nuous source of recycled water to customers.

There are financial risks associated with maintaining a plant at less than the needed capacity, in addi+on to procuring the required materials to maintain opera+onal/strategic equipment control. If we cannot produce a reliable stream of recycled water, we would have to acquire potable or raw water at a much higher cost. Addi+onally, in a high storm event, we risk spilling stored influent into the wetlands and associated fines. Finally, we risk being unable to keep up with the requirements of future growth in the community.

On October 15, 2024, the City of American Canyon adopted a Resolu+on authorizing the City Manager to execute a purchase agreement with Veolia Water Technologies and Solu+ons for the procurement of eight hundred ninety-six (896) "ZW500D RX12 430 J²” membrane modules, twelve (12) ZW500D LEAPmbr 16M casseMe frames, and associated materials for exis+ng casseMe 66 refurbishment and LEAPmbr upgrade, for use at the Water Reclama+on Facility for a total cost of $3,121,330 and amending the Fiscal Year 2024/25 budget to increase Wastewater Opera+ons Fund 540 to $422,087 and Wastewater Capacity Fee Fund 550 to $202,179 to account for the current Year 1 membrane cost of $624,266.

A na+onal administra+on change has led to policies and implementa+on of tariffs that have led to an increase in for the membranes, casseMes, and associated materials required for the membrane refurbishment.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."

FISCAL IMPACT
The cost of purchasing new membranes ($3,121,330) is proposed to be paid over a period of five years. The exis+ng membrane replacements were included in the recently adopted wastewater user fee structure and will u+lize opera+ng budget ($2,110,433), the cost for membranes that increase the plant's hydraulic capacity will u+lize wastewater capacity fee budget ($1,010,897). The annual cost of the replacements ($670,662) will be included in the Wastewater Opera+ons Fund 540 ($445,285) and Wastewater Capacity Fee Fund 550 ($225,377) FY2026-2027 Budget and each successive year thereaJer for five years. The Fiscal Year 2025/26 budget was approved with $212,000 earmarked for membranes in Fund 540 and $207,179 in Fund 550. To account for the current Year 2 membrane cost of $670,662, Wastewater Opera+ons line item 540-50-570-46130 will be increased by $233,285 and Wastewater Capacity Fee line item 550-85-450-46130 will be increased by $23,198.

With the vola+le nature of the tariffs being implemented, the need to adjust the budget annually may be required.

ENVIRONMENTAL REVIEW
15301 - The Project is exempt from review under the California Environmental Quality Act ("CEQA") under the Class 1 exemp+on of exis+ng facili+es of Sec+on 15301 of Title 14 of the California Code of Regulations and said exemption is not negated by any exception under Section 15300.2 of said Regulations.

ATTACHMENTS:

1. Resolution WRF Membranes Year 2

2. American Canyon - Tariff Letter

3. Agreement 2024-A151 - Veolia Water Technologies
67 68
69 City of American Canyon Brandon Morettin
151 Mezzetta Court Contract Program Manager, ZeeWeed ITR American Canyon, CA 94503 Water Technologies & Solutions Re: City of American Canyon – Membrane Replacement Agreement 615771-2 – Amendment for New Reciprocal Tariffs
May 21, 2025
Dear Nolan,
This letter is provided to confirm our agreement to amend the membrane replacement agreement between the City of American Canyon and ZENON Environmental Corporation (a wholly-owned business of Veolia Water Technologies & Solutions) outlined in our proposal number 615771-2 dated September 24, 2024 and your agreement 2024-A151.

ZENON will increase the total project order value by $46,394 (after applicable taxes) to manage the prevailing tariff rate on goods imported into the US. Please note that this rate is subject to change prior to import into the US. In the event of any increase or decrease in tariff rates, we would work with you to adjust the amendment price accordingly, subject to mutual agreement.

Through this letter, ZENON Environmental Corporation and the City of American Canyon confirm their agreement to proceed with the project value increase of $46,394 (after applicable taxes).

Offered by
Legal Entity:

ZENON Environmental
Corporation, also known as
Veolia or Seller
Accepted
by Legal
Entity:

City of American Canyon
Authorized Signature by:

Title:

Signature Date:

Signature:

Purchase Order No:

If you have any questions, please do not hesitate to contact me.

Sincerely,
Brandon Morettin
Contracts Program Manager
Veolia Water Technologies & Solutions
289 659 7287
[email protected]
70 1
CITY OF AMERICAN CANYON AGREEMENT NO. 2024-A151

CITY OF AMERICAN CANYON

STANDARD AGREEMENT

FOR INDEPENDENT CONTRACTOR SERVICES
THIS AGREEMENT ( hereinafter referred to as “Agreement”) is made and entered into this 16th day of October 2024, by and between the City of American Canyon (“ CITY”), a Municipal Corporation and Zenon Environmental Corporation (“ CONTRACTOR”), who agree as follows:

RECITALS
WHEREAS, City desires to have certain services provided as set forth in Exhibit A, attached and incorporated by this reference; and,
WHEREAS, Contractor represents that it is qualified and able to perform services; and, WHEREAS, Contractor is agreeable to providing the services on the terms and conditions hereinafter set forth. Should there be a discrepancy or conflict between the terms and conditions contained in this Agreement and the terms and conditions contained in Contractor’ s proposal, work order, or similar documentation, then the terms and conditions contained in this Agreement shall govern.

NOW THEREFORE, the parties agree as follows:

1. Term of Agreement: The Term of this Agreement shall extend from October 16, 2024, Commencement Date”) to June 30, 2029 (the “Termination Date”).

2. Contractors Services. Contractor shall perform the services described in Exhibit A (“ Scope of Work” and/ or “Services”) to the full satisfaction of City.

3. Time of Performance. Contractor shall perform the Services on or by the Termination Date set forth in Agreement section 1, unless extended in writing by the parties pursuant to the terms of this Agreement.

4. Compensation. City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the Services required by this Agreement the consideration set forth in Exhibit B, attached and incorporated by this reference (“ Payment”). City shall pay Contractor in accordance with the schedule of payment set forth in Exhibit B.

5. Independent Contractor. Contractor is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’ s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. 71 2

6. Assignment. Contractor shall not assign or attempt to assign any portion of this Agreement without prior written approval by City, such consent not to be unreasonably withheld.

7. Responsible Principal of Contractor: The Responsible Principal of the Contractor is Dhaval Shah who shall be the individual responsible for Contractor’ s obligations under this Agreement and shall service as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without the prior written consent of City.

8. Personnel. Contractor represents that it has, or shall secure at its own expense, all personnel required to the perform Contractor’ s services under this Agreement. Contractor shall assign only competent personnel. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.
a. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986, any amendments thereto and all applicable labor laws in effect at the time of this Agreement. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986.

9. Changes to Scope of Work. City may, by written notice, initiate any change to the Scope of Work. A corresponding equitable change in the Payment of this Agreement will be made for each change ordered as mutually agreed upon by the parties in writing.

10. Interests of Contractor. Contractor affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement.

11. Responsibility of Contractor. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor or any subcontractor, to the City, its elected and appointed officials, officers, attorneys, agents, and employees and each of them from any and all loss or damage on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractors.

12. Insurance. Contractor agrees to have and maintain the policies set forth in Exhibit C entitled “INSURANCE REQUIREMENTS,” which is attached and incorporated by this reference. All policies, endorsements, certificates, and/ or binders shall be subject to approval by the City as to form and content, such approval not to be unreasonably withheld. These requirements are subject to amendment or waiver only if so approved in 72 writing by the City. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
a. Contractor shall procure and maintain for the duration of this Agreement insurance as set forth in Exhibit C, attached and incorporated by this reference.

The cost of such insurance shall be included in the Contractor's bid. b. Contractor agrees to maintain in force at all times during the performance of the Scope of Work under this Agreement, workers' compensation insurance as required by law.
c. Contractor agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other applicable contract documents. Subcontractor further agrees to include these same provisions with any sub-subcontractor. A copy of the Indemnity and Insurance provisions in this Agreement will be furnished to the subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencement of any work and will provide proof of compliance to the City. d. Contractor shall require each of its subcontractors to maintain insurance coverage which meets all of the requirements of this Agreement, to the extent they apply to the scope of subcontractors work.
e. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California.
f. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, City may terminate this Agreement.
g. At all times during the term of this Agreement, Contractor shall maintain on file with the City a certificate or certificates of the required insurance as set forth in Exhibit C showing that the required insurance policies are in effect in the required amounts.

13. Indemnification. To the fullest extent permitted by law Contractor shall indemnify, defend and hold harmless City, its elected and appointed officials, officers, attorneys, agents, employees, volunteers and each of them ("City indemnitees"), from and against any and all third party , claims,, judgments, including reasonable legal counsels' fees and costs of litigation ("claims") related to bodily injury including death and damage to physical property, to the extent arising out of or in connection with Contractor's negligence, 3 73
4 recklessness or willful misconduct in the performance of work hereunder , except for such loss or damage to extent arising from the negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’ s performance of this Agreement, the Contractor shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims.
a. General. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this section. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this section is a material element of consideration.

The parties agree that if any part of this Indemnification is found to conflict with applicable laws, such part shall be unenforceable only insofar as it conflicts with said laws, and that this indemnification shall be judicially interpreted and rewritten to provide the broadest possible indemnification legally allowed and shall be legally binding upon Contractor.
b. Survival. Contractor and any subcontractor’ s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
c. No Limitation by Insurance Obligations. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. d. Scope. This Section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California.

14. Termination.
a. In addition to any other rights of termination and suspension set forth in this Agreement or at law, either party may terminate this Agreement with or without cause by providing ten (10) days’ notice in writing to the other party. b. The City may terminate this Agreement at any time with prior notice in the event that Contractor commits a material breach of the terms of this Agreement, and after receipt of such notice the Contractor fails to cure or to diligently commence actions to cure such breach. In the event of an emergency situation or situations potentially causing imminent harm, loss, or damage, the City may in its sole discretion suspend the Agreement without prior notice. The delivery or performance date shall be extended for a period equal to the time lost by reason of such suspension, plus such additional time as may be necessary to overcome the effect of the delay or non-performance. If delivery or performance is delayed 74 5
for a period exceeding 180 (one hundred and eighty) days, either Party may terminate this Agreement without further liability provided that Seller shall be paid an amount equal to that which would be payable to Seller under the article entitled “ Termination”.
c. In the event of termination of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid full compensation for all services performed by Contractor, in an amount to be determined as follows:

For work done in accordance with the terms and provisions of this Agreement, Contractor shall be paid an amount equal to the amount of services performed prior to the effective date of termination or cancellation plus any direct and reasonable cancellation costs incurred by Contractor; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would be paid to Contractor for the full performance of the Scope of Work under this Agreement.
d. Upon termination, this Agreement shall become of no further force or effect and all parties shall be discharged from their duties and obligations under this Agreement. Notwithstanding, the provisions of this Agreement concerning retention of records, City’s rights to material produced, confidential information, Contractor' s responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement.

15. Notice. All notices that are required either expressly or by implication to be given by one party to the other under this Agreement shall be signed for Contractor by its Responsible Principal and for City by Public Works Director, or, for either party, by such officer as it may, from time to time, be authorized to so act. All such notices shall be deemed to have been given if delivered personally or if enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail or overnight express carrier. Unless and until formally notified otherwise, all notices shall be addressed to the parties at their addresses as follows:

Contractor shall address notices to:

Erica Ahmann Smithies, PE
Public Works Director
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
75 6
City shall address notices to:

Zenon Environmental Corporation
nam.service.pocentral@veolia. com
3239 Dundas Street West
Oakville, ON L6M 4B2
CANADA
Attention: Dhaval Shah
Director, ZeeWeed NAM ITR

16. Prevailing Wages. In accordance with the provisions of sections 1770 et seq. of the California Labor Code, the Director of Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done.

Contractor will be required to pay all persons employed on the project by the Contractor’ s sums not less than the sums set forth in the documents entitled “ General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, part 7, Chapter 1, Article 2, sections 1770, 1773, 1773.1.” These documents may be obtained from the State of California.

17. Compliance with Laws.
a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, that are in effect as of the date of this Agreement, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended.
b. Labor Laws: Contractor shall comply with and adhere to all applicable labor laws, including, but not limited to, alien labor, prevailing wages, etc. Contractor shall comply with all applicable provisions of the California Labor Code. c. Drug-free Workplace. Contractor’ s employees and subcontractors shall comply with the City’s policy of maintaining a drug-free workplace. Neither Contractor nor Contractor ' s employees and/ or subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor shall notify the City within five (5) days. 76 7
d. Discrimination Prohibited. During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition cancer/ genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code, §12900 et seq.) and the applicable regulations promulgated thereunder Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 a)–(f), are incorporated into this Agreement by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. Harassment Prohibited. Contractor and Contractor’ s employees and subcontractors shall comply with the City's Workplace Harassment and Discrimination Policy.
f. Illness and Injury Prevention Program (IIPP). Contractor shall provide the City with a copy of their IIPP to show compliance with CalOSHA. g. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor 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 Contractor to practice its profession.

Contractor shall secure and maintain a business license with the City during the term of this Agreement.

18. Facilities and Equipment: Except as set forth in Exhibit D (“ Facilities and Equipment”), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit D according to the terms and conditions set forth in Exhibit D.

19. Special Conditions. Notwithstanding anything else contained in this Agreement, to the maximum extent permitted by law, and regardless of whether a claim is based in contract including warranty or indemnity), extra-contractual liability, tort (including negligence or strict liability), statute, equity or any other legal theory:
77 8
a. Excluding Contractors third party indemnity obligations, the obligations contained in Section 13 of this Agreement, supra, gross negligence or willful misconduct, liability for Breach of Confidentiality, and amounts paid on behalf of the Contractor, associated with a claim which is covered by an insurance policy required to be carried by the Contractor up to the required limits pursuant to Exhibit C to this Agreement, the total liability of Contractor for all claims arising out of or relating to the performance or breach of this Agreement or use of any equipment or services shall not exceed the total price paid by buyer under this Agreement or $200,000.00 whichever is greaterThis section shall not be construed as a limitation of Contractor’ s insurance obligations contained in Exhibit C to this Agreement as stated above in this para. Nor shall this section be construed to limit or abrogate Contractor’ s obligations should its insurer decline or limit coverage to Contractor.
b. In no event shall either party be liable for any loss of profit or revenues, loss of production, loss of use of equipment or services of any associated equipment, interruption of business, cost of capital, cost of replacement water or power, downtime costs, increased operating costs, claims of buyers customers for such damages, or for any special, consequential, incidental, indirect, punitive or exemplary damages.

20. Exhibits. All exhibits referred to in this Agreement are attached and incorporated by this reference.

21. Benefits and Taxes. Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind.

Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, for which Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor' s failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor.

22. Dispute Resolution. Should any dispute arise concerning any provisions of this Agreement, or the parties’ rights and obligations hereunder, the parties shall meet and confer in an attempt to resolve the dispute. Prior to commencing any legal action, the complaining party shall provide to the other party thirty (30) days’ written notice of the intent to take such action; provided that such notice shall not be required where a delay in commencing an action would prejudice the interests of the party that intends to file suit. During the thirty (30) day notice period, the parties shall meet and confer in an attempt to resolve the dispute. Except as specifically provided, nothing herein in intended to waive or abridge any right or remedy that either party may have.
78 9

23. Default and Remedies.
a. Events of Default. Each of the following shall constitute an event of default hereunder:
i. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or
ii. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure.
b. Remedies upon Default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/ or seek damages including incidental, consequential and/ or special damages to the full extent allowed by law.

24. Attorneys’ Fees. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’ s fees, costs, and expenses incurred.

25. Documents and Records.
a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement.
b. Retention of Records. Until the expiration of five (5) years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and, upon written request by City, make available to the City or any party designated by the City this Agreement, and such books, documents and records of Contractor and subcontractor that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City.

26. Inspection of Books and Records. During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records, or reports of the other party pertaining to this Agreement or matters 79 10
related hereto. Each of the parties hereto shall maintain and make available for such inspection accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement. The audit provisions shall not apply to fixed prices, or fixed unit rates or fixed percentage markup.

27. Confidential Information. Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this section, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law.

28. Successors and Assigns. This Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties hereto.

29. Waiver. Any waiver at any time by either party hereto of its rights with respect to a default or any other matter arising in connection with this Agreement shall not be deemed to be a waiver with respect to any other default or matter.

30. Modifications. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

31. Agreement Interpretation. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither party shall rely upon Civil Code section 1654 in order to interpret any uncertainty in the meaning of the Agreement.

32. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the subject matter described herein. In the event of a conflict between the terms of this Agreement and any work order or any other document regarding the Services or Scope of Work to be performed, the terms of this Agreement shall prevail.

33. Jurisdiction and Severability. This Agreement shall be governed and construed in accordance with California law. The venue for any legal action in State court filed by a party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement shall be in the Superior Court of California, County of Napa. The venue for any legal action in Federal court filed by a party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement within the jurisdiction of the Federal courts shall be the Northern District of California. The appropriate venue for arbitration, mediation or similar legal proceeding under this Agreement shall be in Napa County, California; however nothing in this Agreement section shall obligate a party to submit to arbitration any dispute arising under this Agreement. If any term or provision of 80 11
this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

34. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Contractor and City.

IN WITNESS WHEREOF, City of American Canyon and Contractor do hereby agree to the full performance of the terms set forth herein.

CONSULTANT
BY:

Dhaval Shah
Director of ZeeWeed NAM ITR
DATE:

CITY OF AMERICAN CANYON
BY: ________________________
Jason B. Holley
City Manager
DATE: _____________________
APPROVED AS TO FORM:

BY: ________________________
William D. Ross
City Attorney
DATE: _____________________
Dhaval Shah (Nov 22, 2024 16:13 EST)
Dhaval Shah
11/22/2024
11/22/2024
Cherry Flathers ( Nov 22, 2024 13:26 PST)
Cherry Flathers
Jason Holley (Nov 22, 2024 13:38 PST)
11/22/2024
81 12
APPROVED AS TO BUDGET AUTHORITY:

BY: ________________________
Juan Gomez
Finance Director
DATE: _____________________
APPROVED AS TO INSURANCE:

BY: ________________________
William D. Ross
City Attorney
DATE: _____________________
Attachments:

Exhibit A – Scope of Work
Exhibit B – Payment and Schedule of Payments
Exhibit C – Insurance Requirements
Exhibit D – Facilities and Equipment
11/22/2024
11/22/2024
82 13

EXHIBIT A

SCOPE OF WORK
Contractor shall complete the attached Scope of Work.
83 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 1 of 28 Membrane Replacement Agreement
To: City of American Canyon, referred to
here as American Canyon or Buyer
Date: September 24, 2024
No. of Pages: 28 including cover
Attention: Nolan Garcia Email: NGarcia@cityofamericanca nyon.org
Plant
Address:
151 Mezzetta Court
American Canyon, CA 94503
Telephone: 707 647 4527
From:

Jason Diamond
Regional Lifecycle Manager
Western USA
Email:

Cell No.:
jason.diamond@veolia. com
905 399 7055
CC: Brian Anderson, Brad Leidecker ( CHC)
Subject: Membrane Replacement Agreement (MRA):
materials, off-site and on-site support
Proposal No.: 615771-2
Original Project No.: 500054
Plant
Data:

Please provide corrections if inaccurate
American Canyon WWTP – Municipal Sanitary Wastewater Treatment. 4 trains, each train with 11 x 16M cassettes with ZW500D 370ft2 membranes.

Initial Substantial Completion date: August 2002.
84 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 2 of 28 Proposal Provisos
This proposal has been issued based on the information provided by the customer and on information currently available to Veo lia Water Technologies & Solutions at the time of proposal issuance. Any changes or discrepancies in site conditions, including but not limited to changes in system influent water characteristics, changes in environmental health and safety ( EH&S) conditions, changes in the reissued state/provincial disposal system permit, changes in buyer financial standing, buyer requirements, or any other relevant change or discrepancy in the factual basis upon which this proposal was created may lead to changes in the offering, including but not limited to changes in pricing, guarantees, quoted specifications, or terms and conditions.

Confidential and Proprietary Information
The enclosed materials are considered proprietary property of Veolia Water Technologies & Solutions ( Veolia). No assignments, either implied or expressed, of intellectual property rights, data, know how, trade secrets or licenses of use thereof are given. All information is provided exclusively to the addressee and agents of the addressee for the purposes of evaluation and is not to be reproduced or divulged to other parties, nor used for manufacture or other means, without the express written consent of Veolia. The acceptance of this document will be construed as an acceptance of the foregoing.

Trademarks
The following are trademarks of Veolia Water Technologies & Solutions and may be registered in one or more countries:
100, ABMet, Absolute. Z, Absolute. Za, AccuSensor, AccuTrak, AccuTrak PLUS, ActNow, Acufeed, ALGAECAP, AmmCycle, Apogee, APPLICATIONS ATLAS, AquaFloc, AquaMax, Aquamite, Aquaplex, AquaSel, Aquatrex, Argo Analyzer, AutoSDI, BENCHMARK, Betz, BetzDearborn, BEV Rite, BioHealth, BioMate, BioPlus, BIOSCAN, Bio-Trol, Butaclean, Certified Plus, CheckPoint, ChemFeed, ChemSensor, ChemSure, CHEX, CleanBlade, CLOROMAT, CoalPlus, COMP- METER, COMP- RATE, COMS ( Crude Overhead Monitoring System), Continuum, CopperTrol, CorrShield, CorTrol, Custom Clean, Custom Flo, Cyto3, DataGuard, DataPlus, DataPro, De:Odor, DELTAFLOW, DEOX, DeposiTrol, Desal, Dianodic, Dimetallic, Dispatch Restore, Durasan, DuraSlick, Durasolv, Duratherm, DusTreat, E-Cell, E-Cellerator, ELECTROMAT, Embreak, EndCor, EXACT, FACT- FINDER, Feedwater First, Ferrameen, Ferroquest, FilterMate, Fleet View, FloGard, Flotrex, Flotronics, FoamTrol, FoodPro, Fore4Sight, ForeSight, FRONTIER, FS CLEAN FLOW, FuelSolv, Full-Fit, G.T.M., GenGard, GEWaterSource, Glegg, Heat- Rate Pro, High Flow Z, HPC, HPD Process, HyperSperse, Hypure, Hytrex, InfoCalc, InfoScan, InfoTrac, InnovOx, InSight, IONICS, IONICS EDR 2020, IPER (Integrated Pump & Energy Recovery), iService, ISR (Integrated Solutions for Refining), JelCleer, KlarAid, Kleen, LayUp, Leak Trac, Leakwise, LEAPmbr, LEAPprimary, Learning Source, LOGIX, LoSALT, M-PAK, MACarrier, Mace, Max- Amine, MegaFlo, Membrex, MemChem, Memtrex, MerCURxE, MetClear, MiniWizard, MK-3, MOBILEFLOW, MobileRO, Modular Pro, ModuleTrac, MonitAll, Monitor, Monitor Plus, Monsal, MP-MBR, MULTIFLOW, Muni. Z, NEWater, NGC ( Next Generation Cassette), Novus, NTBC ( Non Thermal Brine Concentrator), OptiGuard, OptiSperse, OptiTherm, Osmo, Osmo PRO, Osmo Titan, Osmonics, Pacesetter, PaceSetter, Petroflo, Petromeen, pHlimPLUS, PICOPORE, PlantGuard, PolyFloc, PowerTreat, Predator, PRO E-Cell, Pro Elite, ProCare, Procera, ProChem, Proof Not Promises, ProPAK, ProShield, ProSolv, ProSweet, Purtrex, QSO ( Quality System Optimization), QuickShip, RCC, RE:Sep, Rec -Oil, Recurrent, RediFeed, ReNEW, Renewell, Return on Environment, RMS ( Rackless Modular System), ROSave. Z, SalesEdge, ScaleTrol, SeaPAK, SeaPRO, SeaSMART, Seasoft, SeaTECH, Selex, Sensicore, Sentinel, Sepa, Sevenbore, Shield, SIDTECH, SIEVERS, SmartScan, SoliSep, SolSet, Solus, Spec- Aid, Spectrus, SPLASH, Steamate, SteriSafe, Styrex, SUCROSOFT, SUCROTEST, Super Westchar, SuperStar, TFM (Thin Film Membrane), Therminator, Thermoflo, Titan RO, TLC, Tonkaflo, TraveLab, Trend, TruAir, TrueSense, TurboFlo, Turboline, Ultrafilic, UsedtoUseful, Vape-Sorber, VeriFeed, VersaFlo, Versamate, VICI (Virtual Intelligent Communication Interface), V-Star, WasteWizard, WATER FOR THE WORLD, Water Island, Water- Energy Nexus Game, WaterGenie, WaterNODE, WaterNOW, WaterPOINT, WellPro. Z, XPleat, YieldUp, Z-BOX, Z-MOD, Z-PAK, Z-POD, ZCore, ZeeBlok, ZeeLung, ZeeWeed, ZENON, and Z.Plex.
85 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 3 of 28 Table of Contents
1 Introduction ................................................................................................................... 4 2 Membrane Replacement Agreement ........................................................................... 5 3 Veolia Scope & Price .................................................................................................... 6 4 Material Description...................................................................................................... 8

4.1 Membrane Modules & Cassettes .............................................................................. 8

4.2 Hardware .................................................................................................................. 8

4.3 Cassette Refurbishment ............................................................................................ 8

4.4 LEAPmbr Aeration Upgrade ...................................................................................... 9 5 Veolia Support .............................................................................................................. 9

5.1 Off-Site Support ........................................................................................................ 9

5.2 On-Site Technical Services ..................................................................................... 10 6 Delivery ....................................................................................................................... 11 7 ZeeWeed Configuration .............................................................................................. 13 8 Scope - American Canyon.......................................................................................... 13

8.1 Installation Preparation ........................................................................................... 13

8.2 Installation ............................................................................................................... 14

8.3 Empty Shipping Frame Preparation ........................................................................ 15 9 Solution Design Notes ................................................................................................ 16

9.1 Permits ................................................................................................................... 16

9.2 Maintenance Notes for Replacement Membranes ................................................... 16

9.3 Technical ................................................................................................................ 17 10 Health & Safety ........................................................................................................... 18 11 ZeeWeed Membrane Module Standard Warranty ..................................................... 20 12 Terms and Conditions of Sale ................................................................................... 24 13 Signed Agreement ...................................................................................................... 26 Attachment A ZW500D RX12 Fact Sheet .............................................................................. 27 Attachment B LEAPmbr 16M Cassette ................................................................................. 28 86 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 4 of 28 1 Introduction
Veolia Water Technologies & Solutions is pleased to present this proposal to the City of American Canyon for a Membrane Replacement Agreement ( MRA) for replacement and additional wastewater membranes at the American Canyon Wastewater Treatment Plant.

It is expected that American Canyon will require replacement and additional membranes within the next 5 years and that membrane replacement will be staggered, with one train replaced per replacement event.

Veolia will provide our latest wastewater membrane, the ZW500D RX12, with 430ft2 of surface area per membrane. See Attachment A for further product information.

The scope of this agreement will include the following:

ZW500D RX12 430ft2 replacement and additional membranes; ZW500D 16M LEAPmbr cassettes;
ZW500D cassette refurbishment components – 16M;
Components and off-site support to upgrade existing cassettes to LEAPmbr aeration;
On-site membrane installation, cassette refurbishment and LEAPmbr upgrade assistance.

Details of the scope are set out in the sections below.

Veolia is a proven leader in delivering tangible value to our clients over the life of the plant.

Our measure of success is how well we deliver solutions that help our clients meet their critical business objectives. Benefits of this agreement include:

Timely lifecycle costs over the period of the agreement Planned membrane replacement
Through long-acquired membrane experience, Veolia has clearly distinguished itself from other membrane manufacturers. A mature service culture and deep technical expertise are at the ready to serve and support American Canyon through this next membrane lifecycle.

Veolia would like to note that under the current exceptional circumstances across global supply chains and logistics networks, Veolia may not be in a position to guarantee and comply with the planned schedule for product / project delivery or performance. Veolia reserves the right to modify the schedule / contract accordingly. Veolia will promptly inform you of any changes which may impact the contract.
87 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 5 of 28 2 Membrane Replacement Agreement
Through the term of this agreement, Veolia will provide a quantity of membranes to replace the existing full plant of ZW500D 370ft2 membranes, and additional membranes and cassettes to populate all existing cassette spaces at the American Canyon WWTP.

Based on the projected life of the current membranes and the planned start date of this agreement, Veolia anticipates the following replacement schedule*:

Agreement Year: 1 2 3 4 5 Total
370f2 membranes replaced 176 176 176 176 --- 704
430ft2 membranes provided 224 224 224 224 --- 896
Through the term of this agreement, Veolia will work with American Canyon to determine the actual timing of replacement events based on plant performance and membrane condition, with the ultimate goal to maximize membrane life.

It is possible that, through virtue of good membrane management and plant operation, American Canyon may extend membrane life of the current membranes beyond the end date of this agreement. To avoid unnecessary premature replacement, American Canyon may choose to defer delivery of membranes into a future year provided that all membranes are received and accepted within a 3-year period following final billing for the agreement.

This membrane replacement agreement provides assurance to the City of American Canyon that over the course of the agreement, Veolia will provide the membrane modules specified or equivalent for use at the American Canyon WWTP.

For optimal economics and to follow best membrane replacement practices, pricing is based on replacing multiples of at least 1 train worth of membranes at a time. Should American Canyon request quantities other than a minimum of 1 full train per installation event over the term of this agreement, an adjustment to the annual invoice may be made to account for additional costs.

Pricing is based on the proposed replacement schedule provided in the table above. If the actual shipment schedule is accelerated, additional cost/payments may be required. 88 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 6 of 28 3 Veolia Scope & Price
Veolia’s scope includes the material and services outlined in the table below. The sections that follow provide additional detail regarding each scope item.

Item Description Part # Quantity Price
ZW500D RX12 430ft2 membrane modules, section 4.1
3178087
3184788
3184265*
896
2,414,230
ZW500D LEAPmbr 16M cassette frames, section 4.1 12
2-year full replacement membrane warranty, section 11 Incl.

Cassette refurbishment and LEAPmbr upgrade,
sections 4.3 and 4.4
Incl.

Hardware, section 4.2 Lot
Estimated applicable tax on materials only (7.75%)** Incl. 186,793 Materials, including estimated applicable tax Sub-total 2,597,023 Off-site support, project management, section 5.1 Incl. 76,810 International shipment, fees, and duties, section 6 Incl. 260,937
Freight, DDP project site, section 6 3095534 Incl.

Off-site labor, delivery Sub-total 337,747
Materials, off-site labor, delivery Sub-total 2,934,770 On-site support – 2 x FSRs, each on site for a total of 36 x 10-hour days over 4 visits to site, plus travel &
living, section 5.2
135491 4 visits 186,560
On-site support Sub-total 186,560
All figures are in USD. Please make purchase order to ZENON Environmental Corporation.

Estimated taxes have been included, but tax rates applicable at time of invoicing will be used.

Total
Price 3,121,330
Annual payment 624,266
Part numbers provided above represent modules shipping in 16M LEAPmbr cassette frames (3178087), 30M shipping frames (3184788), and loose bag & box (3184265).

Sales tax estimated at current rate of 7.75% for American Canyon, CA on materials as per http://www.cdtfa.ca.gov/taxes-and-fees/rates.aspx. Actual tax rate at time of invoicing will be added on all invoices.

Prices provided above for the total and annual fee are prior to annual inflation adjustments.

The annual fee is based on a proposed 5-year agreement duration starting in 2024, and will be subject to annual adjustments for inflation increases through the term of the agreement 89 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 7 of 28 based on changes in the US Consumer Price Index, all items in US city average, all urban consumers, not seasonally adjusted – series I.D. CUUR0000SA0.

Annual Adjustments:

Where Index-1A is the current month/year and Index-1B is the month/year 12 months prior. The index used will be the latest available at the time of each calculation – which will typically occur just prior to the start of each agreement year. Each adjustment will be applied to the annual fee in place at the time of each calculation.

In any instance of a reduction in the year-over-year inflation indexes, the annual invoice value will be held the same as the previous year.

The annual fee will be invoiced each year at the beginning of the period. Should the agreement be terminated for any reason, please see section 12 item 8.

Proposal Notes:

Price Review. Notwithstanding the terms set forth herein or of any agreement or acceptance of Seller’s quotation, Seller reserves the right at any time and from time to time by notice in writing to the Buyer to (a) determine periodic price reviews based on Goods’ raw material increase arising from currency devaluations ( b) increase Prices (or impose temporary price adjustments) based on increases in the cost of base components for the Goods or Services provided, where the increase is due to increased global demand, limited supply, temporary product shortages, allocation of supply, or such other similar inflationary pressures; and (c) impose a surcharge equal to any increase in the cost of the Goods or Services as a result of a modification of exchange rates, duties, taxes or other levies imposed by public authorities.

Shipment/Collection Delays: The membrane sale will be subject to price adjustment if not collected within 1 month of Readiness for Shipment. After the one month of Readiness for Shipment if Purchaser does not send his agreement to receive or collect the membranes (depending on Incoterms), Seller is entitled to reallocate the membranes to another customer.
90 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 8 of 28 4 Material Description
The following materials are provided within Veolia’s scope of supply.

4.1 Membrane Modules & Cassettes
Veolia will provide 896 x ZeeWeed 500D 430ft² wastewater membrane modules Veolia will provide 12 x ZW500D 16M LEAPmbr cassettes. See Attachment B for further product information.

4.2 Hardware
160 x #118 EPDM permeate spigot o-rings;
40 x ZW500D element end cap keys;
12 x ZW500D blank header sets;
Hanging arms and leveling pins for 12 x new LEAPmbr cassettes; Permeate and aeration connections for 12 x new LEAPmbr cassettes; Safety hoist ring for new 16M LEAPmbr cassettes (1 set); Tees and CPVC elbows for combining cassette air line connections into one; 16 x o-ring lubricant (food grade);
8 x anti-seize lubricant (food grade).

4.3 Cassette Refurbishment
Veolia will supply components for refurbishment of 44 x existing 500D 16/16M cassettes, including spares.

Cassette refurbishment service allows you to fully recondition your cassettes at less cost than purchasing new cassettes. Cassettes will be refurbished at the American Canyon facility. Cassette refurbishment includes the following:

Removal of all existing plastic parts and associated hardware,; If slack adjustment has been completed on cassettes, return the cassette to the initial factory membrane slack position;
Installation of all new, current design parts (module mountings, securing mechanisms), and all associated hardware;
On-site cassette refurbishment service by trained Veolia field service representatives – details provided in sections 5.2 and 8.2. 91 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 9 of 28

4.4 LEAPmbr Aeration Upgrade
The 12 x new 16M cassettes provided will be configured with LEAPmbr aeration. Veolia will supply components to upgrade the existing 44 x ZW500D 16M cassettes to LEAPmbr aeration.
5 Veolia Support

5.1 Off-Site Support
Controls
Provide system controls programming adjustments as required for the new membranes including adjustment of set points for air flow and LEAPmbr aeration.

If there is a requirement for the EEPROM (Electrically Erasable Programmable Read-Only Memory) to be stored, a period of plant shutdown must be arranged by American Canyon.

Documentation
The base level of documentation updates will include field/hand markups of relevant electrical and P&ID drawings. These updates should be filed in the O&M manual as interim documentation. Following installation, Veolia will provide:

P&IDs - Update the process (piping) & instrumentation drawings and reissue electronically;
Controls documents – Update control narrative (CN), controls logic sequence chart (CLSC, also known as CSC) and the operation sequence chart (OSC).

Due to the very high cost of comprehensive updating of plant documentation with each system upgrade, Veolia recommends planning a complete documentation update every 1-4 years to coincide with a selected system upgrade.

Veolia will be pleased to develop a documentation update price quotation on request which may include some or all of the following scope according to its relevance:

O&M manual - Provide a fully updated version of the operation & maintenance manual that indicates the changes made with this membrane replacement upgrade; Electrical drawings – Update the electrical drawings and reissue electronically.

Project Management
Provide planning and off-site assistance during the membrane replacement project. 92 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 10 of 28

5.2 On-Site Technical Services
The proposal includes a provision for technical services during installation and commissioning process to support American Canyon’s staff as outlined in section 3. Please see section 8.2 for recommendations on the plant staff necessary to perform the work.

Installation and commissioning of membranes will be executed in a manner that minimizes down-time and returns the system to beneficial use in a timely manner.

The following activities will be completed jointly by plant staff and Veolia:

Remove existing membranes/ cassettes;
Install cassette refurbishment and LEAPmbr aeration upgrade components; Install the new membrane modules/cassettes;
Upload required revisions to the PLC program with adjusted set-points; Perform bubble test where applicable to test membrane integrity and review trans membrane pressure (TMP) on the installed membranes and compare to expected values for new membranes; complete repairs/adjustments necessary to provide new membrane performance.

Operating Responsibility - American Canyon retains control of the work site and retains final responsibility for the installation and commissioning process.

Veolia will perform the services specified in the scope section of this document, but Veolia will not operate the system. For the purposes of this agreement, the term “operate the system” shall mean to run or control the functioning of the equipment or to otherwise conduct or manage the affairs of any aspect of water or wastewater treatment or other functions at American Canyon’s site, and shall include functions such as providing operators or laborers to adjust or control water treatment (“WT”) equipment, wastewater treatment (“WWT”) equipment or sludge management facilities (“SMF”), providing program oversight or directing on-site or contract operators/laborers to adjust or control WWT or SMF, providing personnel responsible for or providing oversight of water treatment residual quality, wastewater effluent quality, sludge quality, waste characterization, or waste disposal activities, or providing personnel with continual or daily operational responsibilities with respect to water or wastewater treatment, influent or effluent compliance monitoring, process monitoring, government reporting or notification, or permit compliance.

Waiting Time - Any overtime or waiting times required due to unforeseen site events outside the control of Veolia will be invoiced according to the prevailing Veolia service labor rates sheet, available on request.
93 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 11 of 28 Reporting - Before leaving site, Veolia will record observations and discuss with operators concerning the condition of the equipment, tasks accomplished during the visit, and key operating and maintenance issues requiring further attention. Veolia will provide a copy of a written report before leaving site and/or provide a service visit report to the plant operator within a reasonable timeframe of the Veolia service representative’ s return to the office. In any case, American Canyon will be asked to sign a work order that describes the hours on site and tasks accomplished.

Veolia Duties for On-Site Services
Veolia will coordinate its work under this agreement in a reasonable manner with the operating staff of the facility.

Veolia will maintain public liability and property damage insurance covering all operations undertaken by Veolia and its sub-contractors with a limit of $5,000,000 inclusive for any one accident or occurrence. If for any reason additional insurance coverage (e.g. general construction/ erection all risk, general liability) is required above and beyond Veolia’s standard insurance terms for on-site commissioning supervision, American Canyon must inform Veolia in writing 60 days prior to work commencement at site. American Canyon will be billed for all additional insurance costs and processing fees.

Veolia will maintain workers compensation and employers’ liability coverage as per statutory requirements.
6 Delivery
Freight
DDP - Delivery will be by standard ocean/ground on the basis of DDP American Canyon WWTP, or other named place of destination; Incoterms 2020. DDP = delivery duty paid. Partial shipments will be acceptable unless otherwise specified. Where delivery cannot be accepted at this destination, American Canyon shall specify an alternate, equivalent destination without delay.

Due to varying origins and availability, non-membrane items included in this proposal may be shipped separately from the membranes. Should separate shipments be required, where possible, Veolia will strive to provide these items on or before the delivery of the membranes.

Title & Risk - Title and risk of loss or damage to membrane modules, cassette frames, shipping frames, hardware and crating shall pass to American Canyon upon delivery at the named place of destination.

International Shipment, Fees, and Duties
94 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 12 of 28 Origin - Delivery of ZeeWeed membranes originates from the Veolia Water Hungary Kft, Bláthy Ottó u 4, Oroszlány, 2840 Hungary facility. Costs to transport membranes into North America are included in Veolia’s quoted price.

Export Documents - All ZeeWeed membrane module shipments into the USA require clearance documentation from the EPA. Veolia will prepare and provide the required EPA documentation to the Carrier.

MPF - Merchandise processing fee is a fee assessed for formal custom entries based on 0.35% of the invoice value, with a minimum of USD $25 per formal entry and a maximum of USD $485. On the basis of DDP terms, this fee will be paid by Veolia within the quoted price.

Duty - A US Customs duty of 3.9% applies to all ZeeWeed membranes shipped individually or in shipping frames; not in operational cassette frames. On the basis of DDP terms, this duty will be paid by Veolia within the quoted price. Any new duty imposed after the date of this proposal is the responsibility of American Canyon.

Taxes - All applicable local, state, or federal taxes are the responsibility of American Canyon.

Temperature - UF membranes cannot be allowed to freeze or overheat and may require temperature-controlled freight and handling according to the season and the planned routing. If required, the price of temperature control will be included within the firm quote on freight by Veolia.

Packaging – Membranes will be delivered in a combination of operational cassette frames and shipping frames (factory installed), and individually bagged, boxed and crated.

Unloading - may require one of or a combination of a loading dock, extended forks and an experienced forklift driver at delivery destination. Please consult with Veolia at the time of purchase order (PO) preparation on this.

Shipping crate information (estimated) – per train
Qty Description Dimensions (in) Weight (lb)
3 ZW500D 16M cassettes L=107 x W=35 x H=80 1,421
4 ZW500D 30M shipping frames L=37 x W=89 x H=94 2,286
1 ZW500D 14M crate L=94 x W=74 x H=46 1,325
3 ZW500D 4M crate L=38 x W=93 x H=28 477
Notes:

Only crates for membrane/ cassette transport have been shown above to identify the largest and heaviest items that will need to be unloaded;
Smaller crates/ skids will be used for hardware items (hanger arms, spool connection components, etc.). 95 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 13 of 28 Handling – ZW500D 16M membrane cassette frames are shipped and will arrive on-site on their sides. An eye bolt kit, included in this proposal, should be used to safely turn the cassette(s) upright. Adequate work area and height and equipment will also be needed to be available to safely turn the cassettes upright for installation.

Availability – With current global logistics and freight delays we are experiencing significant increases in lead times. Definitive availability will be confirmed upon each request for membranes from American Canyon. Longer lead times should be taken into consideration in the course of membrane replacement planning. 7 ZeeWeed Configuration
Configuration Data Units Existing Plant
Configuration
Configuration After
Replacement &
Addition
Number of trains, plant 4 4
Type of ZeeWeed membrane 500D 500D
Module surface area ft² 370 430
Total number of cassette spaces per train 14 14
Maximum number of modules per cassette 16 16
Fully populated cassettes installed per train 11 14
Flex cassettes installed per train --- ---
Installed number of modules / flex cassette --- ---
Total module count, train 176 224
Total surface area in operation, train ft² 65,120 96,320 Total module count, plant 704 896
Total surface area in operation, plant ft² 260,450 385,580 surface area change from existing, plant % --- 47.9%
8 Scope - American Canyon

8.1 Installation Preparation
Receive, off-load, handle and provide temperature- controlled storage of the equipment and materials required for Seller to perform the duties outlined in the Seller’s scope of supply. Prior to off-loading, Buyer to confirm temperature indicators have not been tripped.
96 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 14 of 28 Membranes must be stored in a sheltered area, protected from freezing, direct sunlight or extreme heat, and sealed as shipped until ready for use. Storage should be in a dark, dry, level area at a temperature of 5-30°C (41-86°F). Membranes have a shelf life of 1 year before requiring re-preservation and should not be stored longer than necessary prior to installation. American Canyon is responsible for risk of loss of Seller’s parts while in storage at the customer’s plant.

Inspect, evaluate and make repairs as required for the membrane tanks, mounting brackets, hoses and all connections prior to Veolia arriving at site.

Provide all access structures ( such as scaffolding) and mechanical lifting equipment including cranes, forklifts and scissor lifts.

Assure availability of a copy of the operating manual, all process and instrumentation drawings, and all electrical drawings on site and accessible for reference.

Maintain adequate insurance coverage for the risks of fire, theft, vandalism, floods and personal injury to authorized or unauthorized visitors.

8.2 Installation
Provide at least 2 plant personnel to work continuously for the full duration of the Veolia site visit during installation and commissioning of the modules. Veolia recommends that the personnel be experienced with the ZeeWeed system.

American Canyon will afford Seller’s personnel free access and egress of the facility for all authorized work. American Canyon will provide reasonable access to workshop facilities with standard workshop tools and equipment as is necessary to meet any repair and maintenance requirements of the system during installation.

American Canyon will provide Seller’s personnel reasonable access to the facility amenities, including washrooms and break rooms.

Provide adequate illumination and emergency lighting for all areas in which the Seller will be executing the scope of supply. Provide all site utilities such as raw water, instrument quality air, potable water and power required for operation of the proposed equipment included in this scope of supply. Assure that adequate quantities of membrane cleaning and neutralizing chemicals are on hand for wash procedures including sodium hypochlorite, sodium bisulphite, citric acid and sodium hydroxide. Supply telephone/fax/modem access while Seller’s staff members are on-site.

American Canyon will provide assistance to:

Remove cassettes from the system as required;
Clean each cassette as it is removed from the system;
97 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 15 of 28 Install cassette refurbishment and LEAPmbr upgrade components; Place new modules into each refurbished cassette;
Return the refurbished cassettes to the system;
Install new additional cassettes with hanging arms and permeate & aeration connections.

American Canyon will:

Dispose of all retired membrane modules and cassette components; Dispose of shipping and packaging materials unless specifically requested not to do so by Veolia;
Prepare shipping frames for return to Veolia, see section 8.3; Load shipping frames onto the truck for return to Veolia – Veolia will be responsible for organizing the logistics of delivery back to Veolia.

8.3 Empty Shipping Frame Preparation
All shipping frames returning to Veolia must be well cleaned and packaged appropriately for trans-oceanic transport in shipping containers. Shipping frames should be cleaned using high pressure washers and mounted on wood skids to facilitate moving them in and out of the freight containers. Veolia will provide American Canyon offsite assistance to facilitate the return of shipping frames.

All wooden packaging material used for international shipments must conform to current phytosanitary standards to reduce the risk of introduction and spread of quarantine pest species associated with the movement in international trade of wood packaging material made from raw wood.

All wood packaging material used to transport shipping frames internationally, must comply with ISPM15 which is the standard for phytosanitary measures and be properly stamped indicating compliance with the standard. Failure to comply with the standard may lead to shipment refusal and subsequent project delays. For detailed information on ISPM15 please visit the ISPM15 website.

Whenever possible, save and re-use the wooden skids that the shipping frames arrived on for return freight purposes.
98 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 16 of 28 9 Solution Design Notes

9.1 Permits
Regulatory Requirements
American Canyon is responsible to review and report to the permit granting agency on the impact of any of the proposed changes on the regulatory permit. Veolia will provide the necessary manufacturer’ s technical support on regulatory issues.

Please speak with your regional lifecycle manager (RLM) if there are any regulatory requirements or concerns.

Utilization
Veolia understands that these modules are required as replacements for currently installed modules, and additional modules to fill existing spaces.

These modules are offered on the basis that the membrane modules will not be used to provide expanded flow beyond the current plant flow rating.

Replacing the current 704 x 370ft2 membranes with 704 x 430ft2 membranes provides a

16.2% surface area increase. Adding an additional 3 x 16M cassettes per train of ZW500D 430ft² modules brings the total surface area increase of the plant to 47.9%.

It is Veolia’s understanding that the cassette support system (beams and brackets) is already installed in the spare space. If this is not so, please advise Veolia and request that this be added to the proposal.

Production Interruption
During installation of the ZeeWeed cassettes, trains will be shut down which will affect American Canyon treatment capacity. After the purchase order is acknowledged, Veolia’s project manager for the installation will consult with American Canyon to jointly develop the installation plan and work schedule with due regard for membrane delivery to the plant and plant preparation.

9.2 Maintenance Notes for Replacement Membranes
At the time of any full plant or full train membrane replacement, it is recommended to evaluate whether it is the right time to address any tank coating repairs which may be required.

Preferential Flow
Mixing a small proportion of new modules in trains with large amounts of older modules is not recommended as it creates a risk of over-fluxing of new modules, which can shorten their lives. For ZW500D membranes, the mixing of old and new modules in the same cassette makes slack adjustment more difficult. Veolia recommends that American Canyon plan membrane module replacement on a complete cassette and complete train basis wherever possible to achieve both optimal performance and best value from the new 99 Veolia Confidential and Proprietary Information
Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 17 of 28 membrane modules. In this case, by replacing all membrane modules in the plant on a per train basis, this risk has been neutralized.

Membrane Slack
Veolia’s membranes are supplied and shipped with an initial factory fiber slack designed to optimize membrane air scouring during operation as well as accommodate a degree of shrinkage. Membranes shrink in length early in their lifecycle when exposed to higher temperature water. The pace of shrinkage slows with age. With the installation of new membranes, the requirements for slack adjustment start a new cycle.

Due to the wide variety of operating environments in which our products can be utilized, it is difficult to generally predict the rate of shrinkage. If membranes operate in a condition of insufficient slack for an extended period of time, irreversible damage to the fiber-urethane bond may occur. Please refer below to the recommended inspection frequencies based on your plant’s membrane tank operating temperature. Visual inspections should begin during the membrane installation and be repeated over time on the same cassette. Digital pictures will allow for comparative analysis of the fiber slack over time.

Maximum Operating Temperature Recommended Slack Inspection Frequency 0-24 °C / 32-76 °F every 2 years
25-30 °C / 77-86 °F once per year
30 °C / > 86 °F twice per year
Bubble Test Pressure
The bubble test pressure for the purchased membranes is 2 psi horizontally and 3 psi vertically.

9.3 Technical
Module Upgrade – 370ft² vs 430ft²
Upgrading from the ZeeWeed 500D 370ft² module to ZeeWeed 500D 430ft² module offers the following advantages:

16.2% increase in membrane module surface area;
Increased membrane module surface area without any changes to the overall dimensions of the module;
No increase in chemicals for maintenance or recovery cleans due to increased surface area;
Improved membrane chemistry that allows for greater permeate productivity per square foot of membrane area without impacting water quality. 100
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Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 18 of 28 Other Considerations
Hoses & Fittings
Veolia has assumed for this proposal that the aeration and permeate cassette connections for the ZW500D cassettes currently in operation do not need replacing at this time. If this is not so, please advise Veolia and request that they be added to this proposal.

Blowers
For the purposes of this proposal, the range of blower capacity has been assumed to be adequate for this upgrade.

Should resheaving parts be required they can be supplied by Veolia at additional cost to American Canyon or alternatively Veolia will assist in specifying the needed components.

Mechanical and electrical adjustments required to meet new air flow will be completed by American Canyon or their 3rd party designate. Veolia will provide American Canyon correct air flow requirements for the new plant configuration.

Pre-Screen
Trash and non-biodegradable solids, such as hair, lint, grit and plastics may foul or damage the membranes if allowed to pass into the membrane chamber. Veolia recommends that an internally-fed screen with mesh or punched-hole openings less than or equal to 2 mm with no possibility of bypass or carryover be operated upstream of the new membranes to ensure effective operation and to maximize membrane life. 10 Health & Safety
American Canyon
American Canyon will provide orientation to Seller’s personnel to ensure sitespecific safety protocols are known. American Canyon will identify and inform Seller’s personnel of any site-specific hazards present in the workplace that could impact the delivery of Seller’s scope of supply and agrees to work with Seller to remove, monitor, and control the hazards to a practical level.

American Canyon will provide any site-specific or standard company operating procedures and practices for Seller’s personnel to perform work on site, if required by American Canyon’s policies. Such programs may include, but are not limited to, general environmental health & safety (EHS), HAZOP, fire protection, drug testing, incident notice, site conduct, standard first aid, chemical receiving, electrical safety, etc. American Canyon will provide a certificate of program completion for Seller’s personnel. This program will be fully documented, training materials will be provided, and attendance list will be kept.
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Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 19 of 28 If any type of lifting devices will be used on site, American Canyon will provide proof of its maintenance, inspection and certification documentation upon request and will assist the Veolia service representative to complete a safety inspection checklist.

Where confined space entry may be required, American Canyon will provide early notice and will collaborate with Veolia in planning adequate staffing and in advising the local fire/rescue department as required.

No time or cost provision has been made for preparations such as safety record clearances, drug testing, insurance confirmations or pre-job-training in excess of 1 hour. Prior to finalizing the Purchase Order and the work schedule, American Canyon will advise Veolia of any pre-job or pre-mobilization requirements. Where these requirements exceed 1 hour, this time will be charged to American Canyon at rates set out in the prevailing Veolia labor rate sheet.

Where certain short duration activities require two people for safety and the Veolia Service representative is alone at site, American Canyon will cooperate as required to assure that correct safety precautions are taken.

American Canyon is responsible for the following environmental provisions:

Environmental use and discharge permits for all chemicals at American Canyon’s facility either listed in this document or proposed for use at a later date;
Any special permits required for Seller’s or American Canyon’s employees to perform work related to the water treatment system at the facility; All site testing, including soil, ground and surface water, air emissions, etc.; Disposal of all solid and liquid waste from the Seller’s system including waste materials generated during construction, start up and operation.

American Canyon is responsible for provision of health and safety facilities to Seller’s field service representatives to the same extent that they are provided to American Canyon’s own employees, including provision of:

Eyewash and safety showers in the water treatment area; Chemical spill response;
Security and fire protection systems per local codes.

Veolia
All work on site will be performed in accordance with applicable law and will be performed reasonably, in a clean and safe manner. The Veolia service representative will abide by the more stringent of the applicable health, safety and environmental policies and procedures of either American Canyon or Veolia. 102
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Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 20 of 28 Veolia will provide all applicable safety training required by Veolia policies or by state or national health and safety regulations. The Veolia service representative will have undergone workplace hazardous material information system (WHMIS) training and will come equipped with necessary personal protective equipment PPE).

Emergencies - In emergencies affecting the safety of persons, work or property at the site and adjacent thereto, Veolia will act, without previous instructions from American Canyon, as the situation warrants. Veolia will notify American Canyon immediately thereafter.
11 ZeeWeed Membrane Module Standard
Warranty
This schedule sets out the warranty with respect to ZeeWeed membrane modules (“membrane modules”). No other warranties, expressed or implied are made in connection with the sale of these products, including, without limitation, warranties as to fitness for any purpose or use or merchantability of these products. The warranty provided herein will be the exclusive and sole remedy of Buyer. This warranty is not transferable.

Definitions
The follow terms shall have the meaning set forth below when used in the warranty document:
a. “ Buyer” means the party purchasing the ZeeWeed Modules from the Seller b. “ Seller” means a business component of, or legal entity within the Veolia Water Technologies & Solutions business which is selling the ZeeWeed membranes.

2. Warranty Product
This warranty applies to only the membrane modules supplied under the contract of sale.

Membrane module means the hollow fiber ultrafiltration membranes and the potted plastic headers. This warranty does not cover air piping to the membrane module, permeate piping from the membrane module, piping connection fittings, connecting hardware and cassette frames with their associated components including but not limited to spacers, aerator tubes, aerator assemblies, screen, module dummies or module blanks.

3. Scope of Warranty
The Seller warrants that its membrane module(s) will be free of defects due to faulty materials or errors in manufacturing workmanship.

Regular membrane module inspection and normal fiber repair shall be the responsibility of Buyer.

All replacement membrane modules will be shipped on the basis of INCOTERMS 2020 FCA Veolia manufacturing facility.
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Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 21 of 28 All ancillary costs including but not limited to bagging, boxing, crating, freight, freight insurance, applicable taxes, import duties, certifications, brokerage, receiving, forklift services, storage at site, reattachment hardware, hose/clamp/camlock replacement, crane services, installation, fiber repair materials, glycerin flushing, commissioning and waste disposal are the responsibility of Buyer.

4. Warranty Start Date
Membrane warranty will start on the earlier of:
a. The date that installation of the original membrane module(s) has been substantially completed, or
b. Three (3) months from the date of delivery of the original membrane module(s) to Buyer.

5. Warranty Duration
Total Warranty Duration: a total of 24 months of full replacement warranty coverage.

6. Notification Of Claim
All claims filed under this warranty shall be made in writing by Buyer within 30 days of identifying a defect.

Buyer shall provide the following information:
a. A description of the defect giving rise to the claim; b. Photographs showing the manufacturing defect;
c. The serial number(s) of the membrane module(s) which is (are) the subject of the warranty claim; and
d. Operating data and repair history for the life of membrane modules which are the subject of a warranty claim.

7. Verification of Claim
After receipt of written notification of a defect, the Seller will promptly undertake such investigations as, in the Seller's opinion, are necessary to verify whether a defect exists. The Seller reserves the right to require additional data as necessary to validate claims. Buyer may, in the course of these investigations, be requested to return membrane module(s) to the Seller for examination ( see item 11). The Seller may also conduct reasonable tests and inspections at Buyer’s plant or premises. If the results of the investigation do not validate the defect claimed, Buyer will reimburse the Seller for all reasonable expenses associated with said investigation, including expenses for all tests, inspections, and associated travel.

8. Satisfaction of Claims
The Seller will have the right to satisfy claims under this warranty in a flexible manner. Such flexibility may include the repair of existing membrane modules or changes in operating protocols or membrane module replacement or by upgrading failed membrane modules with newer membrane module(s) that may embody design and efficiency improvements. Buyer consents to the supply of replacement membrane modules which may be of a different design than original membrane modules.
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Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 22 of 28

9. Operating Information
To maintain the membrane module warranty, membrane system operation records from initial start - up date until claim must be maintained by Buyer and made available to the Seller upon request.

Records must be provided in sufficient detail as applicable to verify the subject of a warranty claim and can include but is not limited to, operation data including information on feed water quality, temperatures, flows, trans-membrane pressures, aeration rates, permeate quality, cleaning intervals, cleaning chemical concentrations, elapsed time since start-up, relevant analytical data and reporting of any screen bypass events.

Buyer shall maintain and share access to a single reference copy in electronic form of a membrane module map containing the history of activity by membrane module and the serial number for each module. Buyer shall log its procedures performed related to a membrane module including relocation of membrane modules, repairs, replacements and any other noteworthy events.

Buyer authorizes the Seller to conduct any reasonable review of operation and maintenance records or to inspect facilities where membrane modules are installed, upon reasonable notice to Buyer. Such reviews and/or inspections are intended to also assist the Seller and Buyer in detection of membrane system faults and to optimize the care and operation of the membrane modules.

10. Limitation of Warranties
Occurrence of any of the following as reasonably determined by the Seller will void this warranty:
a. A material failure to operate the membrane system in accordance with Seller’s operations and maintenance manual supplied to Buyer as part of the contract, including material failure to adhere to the Seller’s specified membrane module cleaning procedures and the use of anything other than Seller-approved membrane module cleaning agents. b. Failure to adhere to the preventive maintenance program as presented in the Seller’s operations and maintenance manual, in published product manuals and in specifications. c. Failure to adhere to all transportation and storage requirements. ZeeWeed membrane modules may be stored up to 12 months from date of receipt and must be transported and stored in original intact packaging out of direct sunlight in ambient temperatures between 5- 35 Degrees Celsius. Storage beyond 12 months from date of receipt requires a written request to Veolia to maintain membrane module warranties. d. Introduction of destructive foreign materials and chemical agents into the membrane module.
e. Failure to maintain and provide system operating data and repair history for the life of membrane modules which are the subject of a warranty claim. f. Physical abuse or misuse, incorrect removal or installation of membrane modules by nonSeller personnel including fiber damage caused by operator error in handling of membrane modules or cassettes.
g. Unauthorized alteration of any components or parts originally supplied by the Seller. h. Intentional damage.
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Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 23 of 28

11. Return Procedure
In the event that the return of a membrane module is required pursuant to this warranty, Buyer will first obtain a Return Goods Authorization ( RGA) number from the Seller. Membrane module(s) shipped to the Seller for warranty examination must be shipped freight prepaid in environmentally controlled freight and storage with ambient air temperature between 5-35 degree Celsius. If Buyer desires temporary replacement membrane module(s) to replace those alleged to be defective and returned to the Seller for warranty examination, Buyer shall be responsible for the cost associated with any such replacements until examination of the returned membrane modules pursuant to this warranty is complete. Any membrane module examined by Seller as part of a warranty claim where the membrane module is subsequently found to be performing as warranted or where a membrane module failure is not covered under the warranty will be returned to Buyer, freight collect or disposed of by Seller and the cost associated with any membrane analysis and diagnostic work will be levied against the Buyer based on Veolia standard labor rates.

12. Disclaimer and Limitation on Liability
To the maximum extent permitted by law, in no event shall Seller be liable for any loss of profit or revenues, loss of production, loss of use of equipment or services or any associated equipment, interruption of business, cost of capital, cost of replacement water or power, downtime costs, increased operating costs, claims of Buyer’s customers for such damages, or for any special, consequential, incidental, indirect, punitive or exemplary damages arising out of or relating to the performance or actual or alleged breach of the agreement, regardless of whether a claim is based in contract (including warranty or indemnity), extra-contractual liability, tort (including negligence or strict liability), statute, equity or any other legal theory. 106
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Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 24 of 28 12 Terms and Conditions of Sale
A - Specific Terms and Conditions of Sale
These terms take precedence over the general terms and conditions of sale. 1 Legal Entity for Contracting
ZENON Environmental Corporation is the name of the Seller, and means a business component of, or legal entity within the Veolia Water Technologies & Solutions business ( Veolia).

Please advise us if this Veolia entity is not set up in your purchasing system as a vendor and you do have another Veolia entity set up. We are keen to make the purchase process as convenient as possible for American Canyon. short form: Where a short reference is required in this document, for convenience, we are called simply Veolia. 2 Payment
Veolia prefers to receive payment by wire transfer and will also accept payment by courier check.

Wire transfer information for ZENON Environmental Corporation send details to: SHD WATS REMIT-NAM vtc.vwts.remit-nam.all@veolia. com Bank of America Merrill Lynch
C/O ZENON Environmental Corporation
901 Main Street Dallas, TX 75202
ACCT# 4426318136
ABA# 026009593
SWIFT# BOFAUS3N
ACH# 111000012
3 Payment Terms
On approved credit, payment terms are net 30 days from customer receipt of invoice. Please see the invoicing schedule in the price section. In the event an invoice is issued on shipment of goods from a Veolia Hungarian production facility, payment terms will be extended by an additional 45 days to account for the additional transit time to the delivery location. 4 Proposal Validity
Prices quoted and proposal terms are valid up to thirty (30) days after the date of issue of this proposal unless confirmed with a purchase order.
5 Bonds
Performance or payment bonds are not included in the price. These can be purchased on request but will be at an additional cost. 6 Assignment of Membrane Warranty
The Buyer will be entitled to assign to a subsequent owner of the membranes the warranties of the Seller under this Agreement, provided that a prior written notification is sent to the Seller and the assignment agreement contains terms and conditions which provide the Seller with the protections of the warranties and limitations on liability contained in the Agreement. Subject to Buyer’ s compliance with the foregoing requirement, such warranty rights are expressly assignable by the Buyer to a subsequent owner of the membranes. Except as provided herein, Buyer is not entitled to extend or transfer this warranty to any other party. 7 Flight Booking
Prices quoted for installation which include airfare are either based on timely confirmation of a visit schedule or based on receipt of a purchase order in time to book any flights seven days in advance. Additional airfare charges related to late arrival of a pur chase order will be extra and billed through to American Canyon without mark-up. 107
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Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 25 of 28 8 Early Termination
In the event of contract termination other than as defined in attachment a.15 of this agreement the following will apply:

Veolia will initiate delivery of all materials and services for which payment has been received in excess of the value of materials and services provided by Veolia at the time of cancelation.

Buyer will, within 30 days, make a payment to Veolia equal to the value of materials and services provided to the point of termination, less the cumulative sum of payments paid by Buyer.

Once terminated, there is no option to restart the agreement. No penalties or reimbursements, other than those outlined in this agreement, shall be paid by either party 9 Warranty on Programming
Veolia warrants that the PLC program will conform to the specifications in the relevant sections of the CLSC and OSC (revised for the project) and will be free from defects in workmanship when operated at all times in accordance with Veolia’ s written instructions.

If any defects are found and reported by American Canyon within a period not exceeding twelve ( 12) months beyond the completion of the site acceptance test, Veolia will make modifications to the PLC code as deemed necessary. Any changes requested by American Canyon after this period will be at the customer’ s expense. 10 Purchase Order Guidelines
Please confirm that your purchase order has covered the following points. This will ensure accurate and prompt order entry, product delivery, invoicing and accounts receivables processing and will prevent administrative delays for all parties.

Documentation – Our strong preference is to receive a hard or digital copy of your purchase order (PO) rather than a PO number alone. Your PO can be sent by email to nam.service. pocentral@veolia. com. If you are not able to provide a PO, please contact us for alternatives.

Veolia legal entity – Please be sure your purchase order is issued in the name of the specific Veolia legal entity outlined in the quote. We will be glad to work with your purchasing department to set this entity up as an approved supplier/ vendor. Please advise us if this Veolia entity is not set up in your purchasing system as a vendor and you do have another Veolia entity set up.

Quotation Number – Please reference the quotation number in your PO.

Product – Please note which product( s) you wish to purchase along with the quoted price, particularly if quantities or scope differ from the quotation.

Taxes – Please provide any required tax exemption certificates. Please indicate if taxes have been added in your PO.

Payment Terms – Please acknowledge the payment terms included with the quotation.

Bill-to Address – Please include contact information for your accounts payable.

Ship-to Address – Please clearly define the delivery location and the receiver’ s email & telephone. Please specify receiving hours and any special off-loading requirements.

Delivery Date – Please include your requested delivery date.

B – General Terms and Conditions of Sale
The purchase of materials and service support included with this offer will be governed by the prevailing CITY OF AMERICAN CANYON AGREEMENT NO. 2024-59 – STANDARD AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES, executed between American Canyon and ZENON Environmental Corporation on May 8, 2024.
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Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 26 of 28 13 Signed Agreement
Through the issue of this proposal, Veolia signals their intent to enter into an agreement with American Canyon. American Canyon and Veolia acknowledge that they have read and understood this agreement and agree to be bound by the terms and conditions specified in it.

Offered by
Legal Entity:

ZENON Environmental
Corporation, also known as
Veolia or Seller
3600 Horizon Blvd.,
Trevose, PA, 19053
Accepted
by Legal
Entity:

The City of American Canyon, also
known as American Canyon or
Buyer
Authorized
Signature
by:

Title:

Signature
Date:

Signature: x
Purchase Order No:

If options were available,
which options selected
Upon acceptance of this proposal, please forward the following either
by email with .pdf attachments or • by postal mail.
1) this signature page completed
to:
2) a hard copy of your purchase order, and
3) any required tax exemption certificates
[email protected]
or
Veolia Water Technologies &
Solutions
attention: Contracts Administrator
Please contact
nam.service.pocentral@veolia. com
for correct address
This agreement comes into force when Veolia has issued a formal acceptance of American Canyon’s Purchase order or formal acceptance of this American Canyon signed agreement.

Doc. control: Author: JE Filename: American Canyon WWTP 615771- 2 MRA Sep-24 2024 Last modified: 9/26/2024 3:31 PM Commercial review: JD DOA: Blkt 109
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Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 27 of 28 Attachment A ZW500D RX12 Fact Sheet
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Membrane Replacement Agreement for the American Canyon WWTP Proposal number 615771 – revision # 2 – September 24, 2024 Page 28 of 28 Attachment B LEAPmbr 16M Cassette
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14 EXHIBIT B

PAYMENT AND SCHEDULE OF PAYMENTS

1. TOTAL COMPENSATION
City shall compensate Contractor for the satisfactory performance of the work described in this Agreement to not exceed the amount of three million one hundred twenty-one thousand three hundred thirty dollars ($3,121,330.00). Estimated taxes have been included, sales tax estimated at current rate of 7.750% for American Canyon, CA on materials as per https:// www.cdtfa.ca.gov/ taxes-and-fees/ rates.aspx. Actual tax rate at time of invoicing will be added on all invoices.

2. Contractor shall submit an itemized statement to City on a City approved form for its services performed, which shall include documentation setting forth in detail a description of the services rendered, and the hours of service, if appropriate. City shall compensate Contractor the amount of such billing within thirty (30) days receipt of same.

3. There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement.
112
15 EXHIBIT C

INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’ s or Consultant’ s Agreement.

Commercial General Liability (CGL):

Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. Contractor’ s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, attorneys, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.

Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. Contractor’ s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, attorneys and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.

X Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount of five million dollars 5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, the amount shall be six million dollars ($6,000,000) Contractor’ s general liability policies shall be primary to the extent of such obligations to indemnify City in accordance with Section 13, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, attorneys, and agents shall be included as additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
113
16 Commercial General Liability (CGL) - Completed Operations Coverage Contractor shall maintain and provide completed operations coverage and to the additional insured using ISO form CG 20 37. Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

Automobile Liability:

Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.

X Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the equivalent, with a limit of five million dollars ($5,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.

Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Consultant, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):

Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars 1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars 2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
114
17 Workers’ Compensation Insurance:

X Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’ s Liability Insurance with limits of one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers that shall apply to the extent of Contractor’ s obligations to indemnify City in accordance with Section 13.

The Contractor or Consultant makes the following certification, required by section 1861 of the California Labor Code:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor/ Consultant Signature
Builder’ s Risk (Course of Construction):

Builder’ s Risk (Course of Construction Insurance) ( applicable to Construction Contracts only) Contractor shall provide Builders Risk Insurance utilizing an “All Risk” ( Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’ s Risk/ Course of Construction insurance. Policy shall be provided for replacement value on an "all-risk" basis. The City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; ( 2) coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City.

Dhaval Shah (Nov 22, 2024 16:13 EST)
Dhaval Shah
115
18 Surety Bonds:

Contractor shall provide the following Surety Bonds:

Bid Bond
Performance Bond
Payment Bond
Warrantee Bond
The Payment Bond and Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Warrantee Bond is not necessary. If the warranty period specified in the contracts is for longer than one (1) year a Warrantee Bond equal to ten percent (10%) of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Contractor’ s or Consultant’ s Pollution Legal Liability:

Pollution Coverage shall be provided on a Contractors Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than two million dollars ($2,000,000) per claim. All activities contemplated in this agreement shall be specifically scheduled on the policy as “ covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
116
19 Specific Insurance Provisions
Insurance Limits:

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 noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Consistent with Contractor’ s duty to defend, indemnify, and hold harmless the City in Agreement Sections 13 and Contractor’ s obligations with respect to those sections shall not be limited by Contractor’ s insurance limits, nor shall any denial of coverage by Contractor’ s insurer be construed as a cap on Contractor’ s obligations or liabilities.

Notice of Cancellation, Suspension or Otherwise Voiding Policies:

Each insurance policy required above shall contain, or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.

Waiver of Subrogation:

Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions (“ SIR”):

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City.
117
20 Claims Made Policies: (note - should be applicable only to professional liability, see below)

1. The Retroactive Date must be shown, and must be before the 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 of work.

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor or Consultant must purchase “ extended reporting” coverage for a minimum of five (5) years after completion of work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/ remediation, the Contractor’ s 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.

Subcontractors:

Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’ s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.

Verification of Coverage:

Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’ s obligation to provide them.
118
21 Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances If the City’s modification of any requirements herein results in additional premium, the Contractor reserves its right to submit a change request for an equitable adjustment in the applicable price.

Failure to Comply:

Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Applicability of Coverage:

Each insurance policy required above shall contain or be endorsed to contain that the Contractor’ s or 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. 119
B
01/ 01/2024
ZEC
X
CHICG
B
6,000,000
RM5WC00094- 241 ( FL, ME, NJ)
10120
01/01/2025
A
01/01/2025 X
N/A
1,000,000
16045
CHI- 010758909- 01
01/ 01/2024
X
6,000,000
10/07/2024
01/ 01/ 2025
of the named insured and where required by written contract. 10 01/ 01/2024
01/ 01/ 2025
5,000, 000
1,000,000
1,000,000
A
01/ 01/ 2025
01/ 01/2024
N/A
RM5CA00066- 241 ( AOS)
10,000
01/ 01/2024
RM5WC00092- 241 ( AOS)
RM5WC00095-241 (WI, MA)
1,000, 000
City of American Canyon, and its officers, officials, employees, attorneys, and agents ”) are included as additional insured ( except as respects all coverage afforded by workers' compensation) where required by written contract but only for liability arising out of the operations of the named insured. This insurance is primary and non- contributory over any existing insurance and limited to liability arising out of the operations RE: Agreement for Membrane replacement and Expansion; Proposal 593587. 14506 Collection Center Dr
Zenon Environmental Corporation
Chicago, IL 60693
5,000,000
Everest National Insurance Company
X
155 N. WACKER, SUITE 1200
MARSH USA, LLC.

Attn: Veolia. CertRequest@marsh. com | Fax: 212- 948- 5053 Chicago, IL 60661
A
RM5GL00068- 241
Everest Premier Insurance Company
N
American Canyon, CA 94503
City of American Canyon
4381 Broadway Suite 201
01/01/2024
RM5CA00065- 241 ( MA)
B
5,000, 000
Contd. on Acord 101
X
01/01/2025
120
MARSH USA, LLC.
due to non- payment of premium. Zenon Environmental Corporation or its designee will send such notice to the Certificate Holder of this Certificate. Such notice is not a right or Zenon Environmental Corporation has agreed to provide 30 days notice of cancellation of the insurance policies referenced above and 10 days notice in the event of cancellation obligation within the policies, it does not alter or amend any coverage, it will not extend any policy cancellation date and it will not negate any cancellation of the policy. Failure to provide a copy of such notice to the Certificate Holder shall impose no obligation or liability of any kind upon the insurer or its agents or representatives. 14506 Collection Center Dr
Zenon Environmental Corporation
Chicago, IL 60693
121
POLICY NUMBER RM5CA00066241 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person( s) or organization( s) who are ' insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: VEOLIA NORTH AMERICA, INC.

Endorsement Effective Date: 0 1/ 0 1/ 2 0 24

SCHEDULE
J
Name Of Peraon( s) Or Organization[ s):

ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED UNDER WRITTEN

CONTRACT TO PROVIDE INSURANCE, BUT ONLY TO COVERAGE AND MINIMUM LIMITS OF INSURANCE REQUIRED BY THE WRITTEN CONTRACT.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is
an ` Insured" for Covered Autos Uabiity Coverage, but
only to the extent that person or organization qualifies as an Insured" under the Who Is An Insured
provision contained in Paragraph A. 1. of Seclion II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D. 2 of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.

CA20481013 Insurance Services Office, Inc., 2011 Page 1 of 1 122
POLICY NUMBER: RM5GL00068241 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location( s) Of Covered Operations

ANY PERSON OR ORGANIZATION THAT

ENTERED INTO A WRITTEN CONTRACT WITH

THE NAMED INSURED REQUIRING SUCH

PERSONS) OR ORGANIZATION( S) TO BE

NAMED AS AN ADDITIONAL INSURED

AS REQUIRED BY WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury", "property damage" or " personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured( s) at the location( s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to provide
for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to " bodily injury" or
property damage" occurring after:

1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project ( other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured( s) at the location of the
covered operations has been completed; or

2. That portion of " your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a principal
as a part of the same project.

CG 20 10 12 19 Insurance Services Office, Inc., 2018 Page 1 of 2 123
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the applicable
limits of insurance.

Page 2 of 2 ends

POLICY NUMBER: RM5GL00068241 COMMERCIAL GENERAL LIABILITY CG20371219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Persons)
Or Organization( s) Location And Description Of Completed Operations

ANY PERSON OR ORGANIZATION THAT ENTERED

INTO A WRITTEN CONTRACT WITH THE NAMED

INSURED REQUIRING SUCH PERSON( S) OR

ORGANIZATIONS) TO BE NAMED AS AN ADDITIONAL

INSURED

AS REQUIRED BY WRITTN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section 11 — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury' or
property damage" caused, in whole or in part, by
your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the " products -completed operations hazard".

However.

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG203T1219 0 Insurance Services Office, Inc., 2018 Page 1 of 1 125 22 EXHIBIT D

FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor’ s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor' s obligations under this Agreement.
126
AGREEMENT 2024-A151, Veolia Water
Technologies & Solutions
Final Audit Report 2024- 11-22
Created: 2024- 11-22
By: Roselle Tamoro ( rtamoro@cityofamericancanyon. org) Status: Signed
Transaction ID: CBJCHBCAABAAQ17nmtl_ MrTyp5gdNCU8aah3TRU5iQAL AGREEMENT 2024-A151, Veolia Water Technologies & Solutio ns" History
Document created by Roselle Tamoro ([email protected]) 2024- 11- 22 - 7:54:47 PM GMT
Document emailed to Dhaval Shah ([email protected]) for signature 2024- 11- 22 - 7:59:39 PM GMT
Email viewed by Dhaval Shah ( dhaval. shah@veolia. com) 2024- 11- 22 - 8:05:27 PM GMT
Document e-signed by Dhaval Shah ([email protected]) Signature Date: 2024- 11-22 - 9:13:45 PM GMT - Time Source: server Document emailed to [email protected] for signature 2024- 11- 22 - 9:13:48 PM GMT
Email viewed by [email protected]
2024- 11- 22 - 9:14:37 PM GMT
Signer [email protected] entered name at signing as Juan Gomez 2024- 11- 22 - 9:15:04 PM GMT
Document e-signed by Juan Gomez ([email protected]) Signature Date: 2024- 11-22 - 9:15:06 PM GMT - Time Source: server Document emailed to William Ross ( wross@lawross. com) for signature 2024- 11- 22 - 9:15:09 PM GMT
Email viewed by William Ross ([email protected])
2024- 11- 22 - 9:17:22 PM GMT
127
Document e-signed by William Ross ( wross@lawross. com) Signature Date: 2024- 11-22 - 9:19:12 PM GMT - Time Source: server Document emailed to [email protected] for signature 2024- 11- 22 - 9:19:15 PM GMT
Email viewed by [email protected]
2024- 11- 22 - 9:26:02 PM GMT
Signer [email protected] entered name at signing as Cherry Flathers 2024- 11- 22 - 9:26:51 PM GMT
Document e-signed by Cherry Flathers ([email protected]) Signature Date: 2024- 11-22 - 9:26:53 PM GMT - Time Source: server Document emailed to [email protected] for signature 2024- 11- 22 - 9:26:55 PM GMT
Email viewed by jholley@americancanyon. gov
2024- 11- 22 - 9:38:37 PM GMT
Signer [email protected] entered name at signing as Jason Holley 2024- 11- 22 - 9:38:56 PM GMT
Document e-signed by Jason Holley ([email protected]) Signature Date: 2024- 11-22 - 9:38:58 PM GMT - Time Source: server Agreement completed.
2024- 11- 22 - 9:38:58 PM GMT
128

CITY COUNCIL AGENDA
JUNE 17, 2025

STAFF REPORT

CONSENT
ITEM NUMBER: 17.

TITLE
Water Meter Purchase

RECOMMENDATION
Adopt a Resolu'on approving the purchase of water meters from mul'ple vendors for an amount not to exceed $300,000.

CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
Dominic Patrick, Water Systems Manager

BACKGROUND & ANALYSIS
Staff con'nuously replaces and installs new water meters ranging from 3/4" to 6", including ancillary components.

The City of American Canyon con'nues to grow but the shortage in product supply also con'nues.

By allowing flexibility of purchasing from mul'ple vendors, staff can con'nue to maintain quality services to our community. AMS, Ferguson Waterworks, M&M Backflow and Meter Maintenance, and Badger Meter have proven to be reliable vendors and staff would like to con'nue to u'lize them.

There are sufficient funds budgeted in FY 2025/26 budget, Water Enterprise Fund (Water Meters), account number 510-50-565-43130, to cover the costs.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."

FISCAL IMPACT
The FY 25/26 Budget in the Water Enterprise Fund, Budget Line Item 510-50-565-43130 (Water Meters) includes sufficient funds to cover this expenditure.

ENVIRONMENTAL REVIEW
None
129
ATTACHMENTS:

1. Resolution - Water Meters
130
RESOLUTION NO. 2025-______

RESOLUTION APPROVING THE PURCHASE OF WATER METERS
FROM MULTIPLE VENDORS FOR AN AMOUNT NOT TO EXCEED $300,000 WHEREAS, the City of American Canyon continuously replaces old meters and installs new meters in various sizes, including ancillary components; and
WHEREAS, staff currently purchases from the following vendors: AMS, Ferguson Waterworks, M&M Backflow and Meter Maintenance and Badger Meter, to supply compatible water meters and ancillary components; and
WHEREAS, there are sufficient funds in the FY 2025/26 budget, Water Enterprise Fund (Water Meters), account number 510-50-565-43130 (Water Meters), to cover these costs; and WHEREAS, it is unknown which vendor will have the required products when needed; and WHEREAS, by allowing flexibility of purchasing from other vendors, staff can continue to maintain quality services to our community.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby approves the purchase of water meters from multiple vendors for an amount not to exceed $300,000.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 17th day of June, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Pierre Washington, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 131

CITY COUNCIL AGENDA
JUNE 17, 2025

STAFF REPORT

CONSENT
ITEM NUMBER: 18.

TITLE
Caltrans Maintenance Agreement

RECOMMENDATION
Adopt a Resolu)on authorizing the City Manager to execute a Maintenance Agreement with the State of California Department of Transporta)on (Caltrans) for the maintenance of sidewalk, curb, gu4er, driveway and tree wells along the frontage of the property APN 058-312-010, on State Route (SR) 29 at postmile 1.053.

CONTACT
Erica Ahmann Smithies, P.E., Public Works Director/City Engineer Edison Bisnar, P.E., Senior Civil Engineer

BACKGROUND & ANALYSIS
On December 7, 2021, the City of American Canyon City Council approved the Condi)onal Use Permit for a 112-Room Hampton Inn Hotel at 3443 Broadway, APN 058-312-010. The hotel project will include frontage improvements on State Route 29. The frontage improvements require an Encroachment Permit from Caltrans.

On April 12, 2024, the hotel project engineer of record, submi4ed an Encroachment Permit Applica)on to Caltrans for the frontage improvements. According to Caltrans Encroachment Permit Manual, a le4er of acceptance of maintenance and liability from local agency is required prior to issuance of Encroachment Permit.

The State of California Streets and Highway Code provide Caltrans with authority to enter into contracts and agreements with local agencies and permits delega)on of the Caltrans powers and jurisdic)on over any por)on of State Highways with a City or County. Delega)on of maintenance is permi4ed by Sec)on 116. Sec)on 130 provides authority to enter into a contract or agreement with the local agency.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth." 132

FISCAL IMPACT
All costs associated with the opera)on and maintenance of public facili)es will be the responsibility of the City.

ENVIRONMENTAL REVIEW
The Hampton Inn Project is within the 292-acre site along the Broadway Corridor. The 2019 Broadway District Specific Plan Environmental Impact Report (EIR) evaluated the development of the site.

ATTACHMENTS:

1. Resolution - Caltrans Maintenance Agreement

1. Exhibit A
133
RESOLUTION NO. 2025 - _____

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT WITH THE

STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE MAINTENANCE OF

SIDEWALK, CURB, GUTTER, DRIVEWAY AND TREE WELLS ALONG THE FRONTAGE OF THE PROPERTY, APN 058-312-010, ON STATE ROUTE (SR) 29 AT POSTMILE 1.053.

WHEREAS, on December 7, 2021, the City of American Canyon City Council approved the Conditional Use Permit for a 112-Room Hampton Inn Hotel at 3443 Broadway St., APN 058-312-010. The hotel project will include frontage improvements on State Route 29. The frontage Improvements require an Encroachment Permit from Caltrans; and
WHEREAS, on April 12, 2024, the hotel project engineer of record submitted an Encroachment Permit application to Caltrans for the frontage improvements. According to Caltrans Encroachment Permit Manual, letter of acceptance of maintenance and liability from local agency is required prior to issuance of the Encroachment Permit; and
WHEREAS, the State of California Streets and Highways Code provides Caltrans with authority to enter into contracts and agreements with local agencies and permits delegation of the Caltrans powers and jurisdiction over any portion of State Highways within a City or County. Delegation of maintenance is permitted by Section 116. Section 130 provides authority to enter into a contract or agreement with the local agency.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby authorize the City Manager to execute a Maintenance Agreement with the State of California Department of Transportation (Caltrans) for maintenance of sidewalk, curb, gutter, driveway and tree wells along the frontage of the property, APN 058-312-010, on State Route (SR) 29 at postmile 1.053.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 17th day of June 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Pierre Washington, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney Attachments:

1. Exhibit A: Project Specific Maintenance Agreement
134
American Canyon Hampton Inn Project
04-NAP-29-PM1.053
1 PROJECT SPECIFIC MAINTENANCE AGREEMENT

WITH CITY OF AMERICAN CANYON
THIS AGREEMENT is made effective this ______ day of ____________, 20___, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of American Canyon; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.

SECTION I

RECITALS

1. Encroachment Permit Number ________________ was issued to CITY to construct sidewalk, curb, gutter, driveway and tree wells on State Route (SR) 29 at post mile

1.053; hereinafter referred to as “PROJECT”, and

2. In accordance with said agreement, it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement, and

3. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for the improvements of PROJECT constructed within the STATE right of way under the aforementioned Encroachment Permits.

NOW THEREFORE, IT IS AGREED AS FOLLOWS:

SECTION II

AGREEMENT

1. Exhibit A consists of plan drawings to delineate and describe the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Agreement.

2. If there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A by a mutual written execution of the exhibit.

3. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

4. CITY must obtain the necessary Encroachment Permits from STATE’s District 4 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY. 135
American Canyon Hampton Inn Project
04-NAP-29-PM1.053
2 5. LANDSCAPED AREAS - is responsible for the maintenance of any plantings or other types of roadside improvements installed and owned by CITY as permitted encroachments lying inside and outside of freeway right-of-way in Exhibit A. CITY shall restrict walk-on access to the freeway.

6. PEDESTRIAN PATH/SIDEWALK - CITY will maintain, at CITY expense, a safe facility for pedestrian travel along the entire length of the pedestrian path/sidewalk by providing sweeping and debris removal when necessary. CITY is solely responsible for maintenance of this pedestrian path/sidewalk, and any future additions to this pedestrian path/sidewalk, including but not limited to: concrete paving, curb, gutter, ADA compliance curb ramps, driveway, drainage facilities and slope as described on Exhibit A.

7. LEGAL RELATIONS AND RESPONSIBILITIES

7.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

7.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.

7.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

8. PREVAILING WAGES:
136
American Canyon Hampton Inn Project
04-NAP-29-PM1.053
3 8.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

8.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

9. INSURANCE

9.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the PROJECT location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

9.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

10. TERMINATION - This Agreement may be terminated by mutual written consent by PARTIES or by STATE for cause., CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 137
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4 11. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 10 above.

PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF AMERICAN CANYON STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
APPROVED:

By: __________________________

CITY Manager
ATTEST:

By: __________________________

CITY Clerk
By: ___________________________
LEAH BUDU Date
Deputy District Director
Maintenance District

APPROVED AS TO FORM
AND PROCEDURE:

By: __________________________

CITY Attorney
138
Draft date

EXHIBIT A

Page 1 of 1 ends

(Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)
139

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

MAINTENANCE AGREEMENT
WITH

CITY OF AMERICAN CANYON
EXHIBIT "A"

LOCATION MAP

HAMPTON INN HOTEL

PEDESTRIAN PATH/SIDEWALK
APRIL 2025 SHEET No. 1 OF 2

DONALDSON WAY

CRAWFORD WAY

JAMES ROAD

DONALDSON WAY
BROADWAY (STATE ROUTE 29)

UNION PACIFIC RAILROAD PEDESTRIAN

PATH/SIDEWALK
(PPS) LOCATION
04-NAP-29-PM 1.053
LEGEND

STATE ROW

AREA WITHIN STATE ROW

TO BE MAINTAINED BY

CITY OF AMERICAN CANYON
140
EXHIBIT "A"
PPS

HAMPTON INN HOTEL

PEDESTRIAN PATH/SIDEWALK
APRIL 2025 SHEET No. 2 OF 2

MAINTENANCE AGREEMENT WITH CITY OF AMERICAN CANYON
SR29 PM 1.053

SECTION A-A

NOT TO SCALE

BROADWAY IMPROVEMENT PLAN
SCALE: 1" = 50'
1 LEGEND

STATE ROW

AREA WITHIN STATE ROW

TO BE MAINTAINED BY

CITY OF AMERICAN CANYON

TREE WELL

HAMPTON INN HOTEL
141
707.647.4558  4381 Broadway Street, Suite 201  American Canyon, CA 94503  www.americancanyon.gov

EXHIBIT B
LETTER CERTIFYING CITY’S SELF-INSURED STATUS
142
707.647.4558  4381 Broadway Street, Suite 201  American Canyon, CA 94503  www.americancanyon.gov February 4, 2025
Department of Transportation
PO Box 23660 MS4A
Oakland, CA 94623
ATTN: Leah Budu, Deputy District Director Maintenance
Re: Statement of Self-Insurance for City of American Canyon for Project Specific Maintenance Agreement with California Department of Transportation for the PROJECT along Route 29 sidewalks Post Miles 1.053.

Dear Mrs. Budu,
This letter certifies that the CITY of American Canyon is self-insured and self- funded covering thirdparty claims arising out of its general operations (i.e. commercial general liability and automobile liability insurance). Further, the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies itsself-insured, general liability coverage for bodily injury and property damage liability, meets the required coverage amounts in section 9 (Insurance) of the Project Specific Maintenance Agreement, specifically general liability insurance, coverage of bodily injury and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

If you need any additional information regarding this letter, please direct those inquiries through my office.

Sincerely,
Finance Manager/Risk Manager/Authorized Representative’s Title June 17, 2025
143

CITY COUNCIL AGENDA
JUNE 17, 2025

STAFF REPORT

CONSENT
ITEM NUMBER: 19.

TITLE
Citywide Landscaping Maintenance Services

RECOMMENDATION
Adopt a resolu+on authorizing the City manager to award an agreement with BrightView Landscape Services, Inc. for citywide maintenance for a term of three (3) years (2025 - 2028) with an op+on to extended for one (1) year for two (2) additional years.

CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
Brian Materne, Public Works Superintendent
Noni Thomas, Management Analyst

BACKGROUND & ANALYSIS
Currently the City contracts for landscape maintenance services to assist current staff in maintenance and upkeep of vegeta+on throughout the city including the Ligh+ng and Landscape Assessment Districts (LLAD). The current contract for landscaping maintenance expires on June 30, 2025.

To obtain a new contract agreement and con+nue current service levels, on April 18, 2025, the Public Works Department posted a Request for Proposals (RFP) for landscaping services on OpenGov, the city's current procurement portal. To op+mize the responses, staff held a pre-bid mee+ng on April 30, 2025, in which four (4) poten+al proposers a@ended. On May 9, 2025, proposals were submi@ed and two (2) were received. Of the two (2) proposals received, BrightView was the lowest and responsible proposer.

It is recommended to approve a resolu+on to contract with BrightView Landscape Services, Inc. as they present a firm understanding of what is required, the vendor adheres to the City's IPM policy as it pertains to u+lizing non-glysophate products, and the pricing is significantly lower than the other proposer demonstra+ng a cost savings. The agreement should be for a three (3) year term with an option for two (2) one (1) year extensions that can be approved by the City Manager. 144

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."

FISCAL IMPACT
Staff es+mates the total contract for three years should not exceed $1,231,000 with the inclusion of es+mated CPI increases in second and third years (CPI increases were es+mated at an average of 3% percent annually). The funding is budgeted between mul+ple funds and each of the LLAD's (Zone 1, 2, and 3). The funds are budgeted in the following accounts:

General Fund: 100-50-540-42310
City Hall: 651-50-535-42310
LLAD Zone 1: 261-85-410-42310
LLAD Zone 2: 262-85-410-42310
LLAD Zone 3: 263-85-410-42310
GIR Maintenance: 281-85-460-42190
Safety Building: 100-30-310-42310
WRF: 540-50-570-42310
ATTACHMENTS:

1. Resolution Brightview 2025

2. City of American Canyon Landscaping Services Proposal - BrightView 145
RESOLUTION NO. 2025-

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES FOR A TERM OF THREE (3) YEARS WITH AND OPTION TO EXTEND FOR ONE (1) YEAR FOR TWO (2) ADDITIONAL YEARS IN AN AMOUNT NOT TO EXCEED $1,231,000
WHEREAS, a contract for landscape maintenance is necessary to assist current staff in the maintenance and upkeep of vegetation throughout the city; and
WHEREAS, the existing contract for landscape maintenance expires on June 30, 2025; and WHEREAS, the city posted a request for proposals in April 2025 and received two proposals in May 2025; and
WHEREAS, BrightView Landscape, Inc., was the lowest responsible proposer at a cost of $1,231,000 for a three year term, including allowances for CPI increases in years two and three, at an average of 3%; and WHEREAS, the funding is budgeted within multiple funds (281, 310, 535, 540, and 651) and each of the Lighting and Landscape Districts (261,262, and 263).

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to enter into an agreement with BrightView Landscape, Inc for a term of three years, July 1, 2025 to June 30, 2028, with an option of two (2) one year extensions to be authorized by the City Manager in an amount not to exceed $1,231,000.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 17th day of June, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Pierre Washington, Mayor
ATTEST: APPROVE AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 146
City of American Canyon
4381 Broadway, Suite 104
American Canyon, CA 94503
City of American Canyon
Landscaping Services
147
BrightView Landscape Services 2
May 2, 2025
City of American Canyon
Noni Thomas, Management Analyst
4381 Broadway, Suite 104
American Canyon, CA 94503
RE: Landscaping Services
Dear Ms. Thomas,
BrightView is pleased to submit a proposal for the Landscaping Services for the City of American Canyon. With over 140 years of industry experience, cutting-edge sustainable landscaping techniques, and a commitment to safety and excellence, BrightView is uniquely positioned to maintain and enhance the City of American Canyon’s green spaces. BrightView is committed to managing your landscape in a safe, proactive, and cost-effective manner that reinforces our commitment to the City of American Canyon and its residents. The enclosed proposal was developed in response to your Request for Proposal and will demonstrate how our experienced and skilled team will continue to achieve your landscape goals and ensure that the City of American Canyon sites always look their best.
• Safe Work Environment - The safety and wellbeing of the residents, general public, visitors, city employees, and our employees is of paramount importance to our operation. • Accountable for High Quality Work – Your dedicated Account Manager completes an area specific checklist and quality evaluation form on a regular basis and reviews it with our crew members prior to the service day to assure we complete the scope of work and exceed your expectations. We utilize our Quality Site Assessment (QSA) tool to help keep you informed about your landscape. • Consistently Employ Best-Practices – We will create area specific maintenance schedules that comply with the Request for Proposal document and specifications for the City to ensure that every task gets completed on schedule and no details are overlooked.

As an experienced partner delivering both local expertise and national resources, we understand how a wellmaintained landscape attracts people, adds to your property value and contributes to your success. Partnering with BrightView means gaining a dedicated team of local professionals committed to enhancing and preserving American Canyon’s landscapes with best-in-class service and sustainability-focused solutions.

Thank you for this opportunity to submit this proposal. Feel free to contact me at (951) 406-5904 or by email at [email protected] with any questions.

Sincerely,
David Moo
Business Development Executive
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BrightView Landscape Services 3
What’s Inside
I. Title Page Page 1
II. Cover Letter Page 2
III. Table of Contents Page 3
IV. BrightView Introduction Page 4
V. Methodology Plan Page 5-12
VI. Qualifications of Staff Page 13-14
VII. References Page 15
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BrightView Landscape Services 4

BRIGHTVIEW GENERAL QUALIFICATIONS
• BrightView Landscape Services brings together over 140 years of combined industry experience through its legacy organizations, Brickman Group and Valley Crest. Enhancing the American landscape since 1939, BrightView Landscape Services maintains long-term relationships with its clients by offering the highest quality landscape management services at competitive rates. This formula has enabled BrightView to grow from small family-owned businesses to a recognized, national industry leader. • Our services include landscape maintenance, landscape architecture and installation, irrigation and arborist services, forest management, sports turf care and snow management. BrightView’s experienced, local teams ensure that your assets are more than simply maintained - they are enhanced to achieve maximum appeal and benefit. With 270 branch offices in 43 states, and our Local Branch in American Canyon, BrightView’s structure ensures quality and service are delivered by local, well-trained, & professional staff.
• BrightView takes a unique approach to every project and our clients profit from a proven and systematic method that generates tangible results.
• BrightView serves many municipalities, Fortune 500 corporate headquarters, research & development centers, office parks, college campuses and other large prestigious properties. Chances are that when a problem arises, we have successfully solved it in the past. Through droughts and blizzards, prolonged rains, shrinking budgets, and emergencies of all descriptions, our tenured project management, supervisory staff, and team have effectively and efficiently solved a similar problem. • Our local branch office in American Canyon will continue to provide services to all of the City of American Canyon sites.
• Employee pool: 22,000 employees company-wide & over 200 local team members within 20 miles of the City of American Canyon
• Largest landscape services company worldwide
• Financially stable
• Nationally acclaimed training organization
• BrightView designs, builds, maintains, and enhances landscapes that improve communities and the environment. We use environmentally responsible equipment and methods, including zero-emission commercial lawn mowers, state-of-the-art water conservation technology, and innovative landscape design.
• Outstanding Safety Record
• Industry leader in native and sustainable landscapes
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BrightView Landscape Services 5

METHODOLOGY PLAN
There will be up to 7 BrightView employees (fluctuates upon seasonality) dedicated to meet the landscape needs of the City of American Canyon. At the peak of growing season, there will be 6 landscape professionals and 1 dedicated Account Manager. There will also be additional help for ancillary tasks such as weed abatement on hill sides, aerations, and other ancillary projects. 1) Mow Crew – The Mow Crew will consist of 2
landscape professionals to handle the weekly
mowing, mechanical edging, blowing, and
fertilization of all turf.
2) Detail Crew – The Detail Crew will consist of 2
landscape professionals that will handle all traffic
control, tree and shrub care, insects and disease control, fertilization, ground cover control, watering, weed abatement, hand-pruning, and trash & debris pickup. 3) Trash/Restrooms/Weed Abatement Crew - There will be 2 landscape professionals assigned to all areas for restroom facilities maintenance as well as all trash pick up and removal. Additionally, this crew will assist in weed abatement and turf treatment.
4) Irrigation Crew – There will be 1 irrigation technician to handle all the irrigation needs of the contract.

Aligned with the goal of actively pursuing water conservation, these irrigation technicians will handle all irrigation system checks and repairs as outlined in the scope of the RFP. 5) Dedicated Account Manager - BrightView will provide one dedicated Account Manager as the liaison between the City of American Canyon and BrightView who is ultimately responsible for customer satisfaction. Your Account Manager will have the sole responsibility of caring for the landscape maintenance for the City of American Canyon. Your Account Manager will be responsible for ensuring that every facet of the scope of work is adhered to safely and in excellence. 151
BrightView Landscape Services 6
Start-Up Plan
BrightView’s transition process is a documented action plan that involves both senior and site management by the customer and BrightView. This process starts out with the overall vision and goals of the partnership.

Implementation plans with specific details and schedules are developed. Timely meetings to review progress are scheduled for both individual sites and overall teams to ensure success.

Job Start-Up Needs Evaluation:
• Initial job site walk-through is done prior to job start-up to determine specific site-related needs of the customer. Site-specific issues are discussed. A site walk-through is then performed asking more sitespecific questions, which clarify the customer needs • Specific goals set for the upcoming year
• Daily, weekly, monthly communication process finalized Goals of Initial Site Meeting:
• Establish a weekly communication process (meetings, reports, etc.) • Clearly establish expectations using contract specifications and current knowledge of site management
• Present schedule of operations in Gantt format
• Identify ALL special situations, issues, areas & processes • Clearly establish a base safety process and site-specific processes • Document processes for out-of-scope work (P.O., sign-off, billing) • Share emergency call process
• Set short-term improvement goals
• Benchmark existing site status, conditions, and opportunities for improvements
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BrightView Landscape Services 7
To ensure a smooth transition and deliver immediate value, BrightView follows a proven milestone-based onboarding process designed to establish clear expectations, deliver early wins, and set the stage for longterm partnership success. ✅ 30 Days – Launch & Alignment
• Kickoff Objectives:
• Introduce dedicated BrightView team
• Review contract, scope of work, and timelines
• Confirm communication protocols & emergency thresholds • Walk the site to align on service expectations
• Review BrightView Safety Program
• Initiate first Quality Site Assessment (QSA)
• Launch priority initiatives and turf restoration tasks • Deliverables:
• Confirm maintenance schedule
• Document site-specific needs
• Identify quick wins and first-month priorities
🔧 60 Days – Adjust & Optimize
• Monthly Review with Client, Account Manager & Branch Manager:
• Evaluate progress on key initiatives
• Review QSA results and resolve carryover issues
• Confirm alignment with scope and expectations
• Begin refinement of maintenance based on seasonal feedback • Focus Areas:
• In-season adjustments
• Proactive issue resolution
• Continued visibility with client stakeholders
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BrightView Landscape Services 8
💬 90 Days – Partnership Solidified
• Quarterly Business Review:
• Review Partnership Transition Guide
• Assess QSA trends and performance benchmarks
• Confirm closure of any outstanding items
• Address feedback from client satisfaction touchpoint
• What You’ll See:
• Established rhythm of communication
• Measurable field improvements
• Full alignment on expectations and outcomes
🌱 180 Days – Strategic Evaluation
• Mid-Year Strategic Review:
• Evaluate long-term field performance and aesthetics
• Plan for seasonal enhancements and service upgrades
• Budget alignment and efficiency check
• Looking Ahead:
• Dynamic service plans
• Site-specific upgrades
• Strong data-driven performance
BrightView is committed to transparent communication, consistent quality, and proactive field management— right from day one. Let’s grow something great together! 154
BrightView Landscape Services 9
QUALITY CONTROL: COMMUNICATION AND REPORTING
To ensure a successful partnership, effective communication is one of our top priorities. We believe strongly in being proactive in our communication and have designed several forms and checklists our customers find valuable for staying apprised of theirlandscape status and maintenance activity. Additionally, we are equipped to respond quickly to new and unexpected needs as they arise.

Our Quality Site Assessment (QSA) ensures transparency and accountability in maintaining your landscapes. This includes:
• Inspect sites weekly during all seasons
• Report our maintenance activities in
compliance with RFP
• Provide digital photos to verify technical issues,
damage, and plant and tree health
• You have 24/7 access to your Account
Manager by telephone and email. All issues
that arise will be treated with a sense of
urgency and addressed with due diligence.
• Emergencies that occur outside of regular business hours will be dealt with depending on the severity of the situation. You can expect a response and proposed solutions to after hour’s emergencies within two hours or less.
• We judge our success by the complete
satisfaction of our customers. We continually
collect feedback through a comprehensive
customer satisfaction program. We use the
valuable insight gained through our survey
program to determine system improvements
and guide the content of our employee training
program.
• Every customer we partner with has the
opportunity to formally evaluate our work
product, service and relationship at least once a
year through our Client Satisfaction Survey via a
third-party vendor. Your feedback is important to
us. We pay attention to the survey results and
follow-up with a summary of each one to learn
how we can improve.
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BrightView Landscape Services 10

QSA REPORTS
• To ensure a successful partnership, effective communication is one of our top priorities. We found the best way to keep our customers highly satisfied is to make sure we understand your current needs and priorities. We will provide proactive communication on a monthly basis that includes images, pricing and recommendations that will give you a full view of your landscape.

We employ a range of tools and reports including the Quality Site Assessment (pictured), Activity Reports and many more.

Reporting and Analytics
• Review of monthly inspections
• Address outstanding concerns and
review accomplishments
• Robust financial visibility and
strategic guidance
• Enable benchmarking and leverage
best practices
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BrightView Landscape Services 11

JOB SAFETY
BrightView is the landscape partner who believes safety is much more than the gear we wear – it’s woven into the fabric of our company.

In the landscape industry, the average OSHA Total Recordable Incident Rate is 4.20. At BrightView, our number is consistently well below; in fact, last year our rate was 1.5. We’re sharing this because we believe that when it comes to safety, there’s no reason to be shy.

Train, Check, & Reinforce
Team members undergo extensive vetting and
training before they serve you, including E-Verify, initial and ongoing driving record checks and drug and alcohol
screenings. New hires undergo our safety orientation and must receive certification for every piece of power equipment they’ll use. We also utilize a buddy system for new hires, pairing them with more tenured team members who help them learn the ropes.

However, our focus on safety doesn’t end there. Crews participate in weekly safety meetings, which review how to avoid hazards relevant to the current season. Our management teams also participate in a weekly safety call, where they review any opportunities for improvement and strategize how to address them. Finally, we conduct periodic jobsite inspections to ensure safety best practices are always in use at your facility.

But it’s not all work and no play. We believe safety should be celebrated. That’s why we’ve created a reward system for safety compliance and make recognition of those who have exhibited good safety behaviors a key part of our morning pre-dispatch routine.

Before We Arrive
Our safety preparations begin well
before we set foot on your property.

Teams begin the day with “Stretch and
Flex”—a time for everyone to stretch
together to prevent soft tissue injuries,
review safety practices, and discuss any
potential hazards. Before leaving the
yard, we inspect our personal
protective equipment (which we
require and provide), supplies, and ensure an ample supply of water to keep the team well hydrated. Finally, we inspect our trucks and trailers to ensure they’re roadworthy and compliant with regulatory agencies. These daily inspections help us remedy and identify any deficiencies that could cause harm to our teams or the public.
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BrightView Landscape Services 12
On Your Properties
We’re easy to spot, but that’s intentional. Our attire is designed to make it easy to identify who is part of our crew and enhance visibility for your safety and ours. In addition to our company-issued PPE, our crews are fully uniformed in seasonally appropriate gear, which always includes name badges and safety vests. Our vehicles are logoed and feature our distinctive livery, while cones are used to mark safety zones.

However, what’s not visible is one of the features we’re most proud of: our Stop Work Authority. The Stop Work Authority empowers every team member to take safety into their own hands. Crew members are encouraged to stop a job if they personally feel unsafe, or witness something that could put a teammate or the public in peril.

Continuous Improvement
Though our OSHA incident rate is significantly better than the industry average, there are always opportunities to improve. Hazards, near misses, and concerns are always submitted to our Branch Safety Leaders for review and correction, if needed. In the event of an injury, a root cause analysis is conducted to ensure future incidences are prevented.

We’re proud of our safety program, but that’s not the only reason we’re sharing these details. We’re providing this information because we believe it should be readily available to you, to aid in your selection process. The patients who entrust you with their care have confidence they’ll be in good hands. We want you to have that same confidence in us.

Additional Safety Measures Include
• New Hire Safety Orientation
• New Hires Wear Orange Vests for Better Oversight
• Extensive Driver Safety Certification Program
• Certification Required to Use All Power Equipment
• Take 2-Two Inspection at Each Job Every Day
• Mandatory Weekly Field Crew Safety Meetings
• Reward System for Safety Compliance
• Weekly Management Safety Calls
• Certified in Traffic Control
158
BrightView Landscape Services 13

QUALIFICATIONS OF STAFF
BrightView has the largest labor pool of over 20,000 landscape professionals nationwide, over 2,000 in Northern California, and over 100 landscape professionals just at our local Branch in Pleasanton (7039 Commerce Circle, Pleasanton, CA 94588). If additional personnel are ever needed, we have the resources.

Job Title Job Responsibility
Sergio Rodriguez
Account Manager
• Accountable for customer satisfaction
• Primary customer contact
• Ensures compliance to job specifications and quality
• Manages and schedules crews
• Ensure readiness of workers, tools, and materials
• Maintains safe working conditions
• Trains field personnel
• Ensures delivery of job specifications and quality
Adam Thouvenot
Branch Manager
• Ensure quality and efficient landscape management for clients • Consistently improves best practices within the service branch • Lead and support all branch personnel
• Lead a culture focused on safety, service, and quality • Provide vision and direction, ensuring all team members understand the branch’s goals and objectives
Fairlight Beard
Vice President
• Responsible for training, counseling, & developing growth plans and drives customer satisfaction through proactive, consistent quality service.
• Works directly with local teams to leverage national resources and implement industry leading operating principles.
159
BrightView Landscape Services 14

BRIGHTVIEW PERSONNEL
Sergio Rodriguez – Account Manager
Sergio has been in the landscaping industry for over 30 years. Since the age of 18, Sergio has been specializing in servicing commercial landscape and industrial landscape properties. Sergio is Certified in Water Management and specializes in water savings and coverage. He has grown to become one of our team’s most trusted Account Managers and will be tasked to continue to oversee the City of American Canyon landscape maintenance.

Sergio will be the primary customer contact accountable for customer satisfaction. Sergio will ensure compliance with job specifications and quality. He will manage crew schedules, ensure readiness of workers, tools, and materials, and ensure safe working conditions. In addition to regular phone calls and texts, Sergio will use the QSA Reports to communicate in writing and through photographs to capture the condition of the property and chart improvement opportunities. Sergio will always be available for regular walks to review performance and go over any job details.

Adam Thouvenot –Branch Manager
Adam has over 15 years’ experience in operations management in Northern California and has overseen the landscape maintenance for several municipalities and large commercial properties. Adam has also worked at the highest customer service level projects including the County of Napa, City of Santa Rosa, City of American Canyon, and Montage Healdsburg. He is in charge of the overall quality of the Branch. Adam’s skills include vast horticultural knowledge, leadership abilities, strong customer service, attention to detail, and the ability to mentor employees.

Adam will also be available for regular meetings and property walks with the City of American Canyon. Adam will help ensure quality and efficient landscape management. He will consistently improve best practices for the Branch while leading and supporting all Branch personnel. Adam will lead a culture focused on safety, service, and quality and provide vision and direction, ensuring all team members understand the Branch’s goals and objectives.

Fairlight Beard – General Manager
Fairlight has over 20 years of operational management experience in the landscape industry. Fairlight’s oversight and management has led our teams to an exemplary OSHA safety record as well as hundreds of extremely satisfied customers. Fairlight holds a B.S. in Natural Resources, is a River Friendly Qualified Landscape Professional, held a Qualified Applicators License for many years, and is a Los Rios Community College Horticulture Industry Advisor. She is responsible for training, counseling, developing growth plans, and driving customer satisfaction through proactive, consistent quality service.

Fairlight will work directly with the local crew to leverage national resources and implement industry leading operational principles.
160
BrightView Landscape Services 15 BRIGHTVIEW REFERENCES
City of Santa Rosa
100 Santa Rosa Avenue
Santa Rosa, CA 95404
Citywide Landscape Maintenance
Contact: James Castro
[email protected] (707)543-4517
Start Date: 2019– present
$1,078,056 Annually
City of Davis
23 Russell Boulevard
Davis, CA 95616
Citywide Landscape Maintenance
Contact: Matt Trevino
[email protected] (530)760-5577
Start Date: 2019– present
$866,958 Annually
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
Citywide Landscape Maintenance
Contact: Mark Ribeiro
[email protected]
(650) 496-6910
Start Date: 2017 – present
$2,182,392 Annually
City of Fremont
3300 Capitol Avenue
Fremont, CA 94538
Citywide Landscape Maintenance
Contact: Ernie Moreira
[email protected]
(510) 979-5700
Start Date: 2020– present
$710,022 Annually
161

CITY COUNCIL AGENDA
JUNE 17, 2025

STAFF REPORT

BUSINESS
ITEM NUMBER: 20.

TITLE
Fiscal Year 2025/2026 Salary Schedule

RECOMMENDATION
Adopt a Resolution Approving the Fiscal Year 2025/2026 Salary Schedule.

CONTACT
Juan Gomez, Assistant City Manager
Scott Corey, Human Resources Officer II

BACKGROUND & ANALYSIS
The City Council approves all employee salaries, classifica4on 4tles and changes. The California Government Code requires pay rates for employees be established pursuant to a “publicly available” salary schedule that includes certain informa4on, such as posi4on 4tle and pay range. To sa4sfy this requirement, it is necessary for the Council to adopt a Resolu4on approving the Fiscal Year 2025/2026 Salary Schedule (the "Schedule") consistent with funding appropriated by the adoption of the Fiscal Year 2025/2026 budget (the "Budget") on June 3.

The new Schedule reflects changes to employees’ salaries based on the current Memorandums of Understanding (MOUs) with the two employee bargaining units, and the Unrepresented Compensa4on Program (Unrepresented Program). Each of these documents provide for a minimum 2% and maximum 5% cost-of-living adjustment (COLA) for Fiscal Year 2025/2026 based on the Consumer Price Index as reported by the U.S. Bureau of Labor Sta4s4cs for the month of April 2025.

The Schedule includes a 2% COLA for classifica4ons in the bargaining units and/or covered by the Unrepresented Program, and for those Temporary classifica4ons indexed to similar Regular classifica4ons. The City Manager's salary is increased 2%, per the terms and condi4ons of the current Employment Agreement.

The City completed organiza4onal assessments for the Communica4ons Division, Public Works and Finance Departments, and assisted in a study led by the American Canyon Fire Protec4on District.

The proposed Schedule amends the compensa4on plan to add or update job classifica4ons consistent with approved improvements to the City’s opera4ons and organiza4onal structure, including Communica4ons and Engagement Coordinator I/II, Communica4ons and Engagement Supervisor, Deputy City Manager, Finance Director and Fire Administrative Division Manager. 162
The new salaries will go into effect the first full pay period following July 1, 2025.

Pursuant to California Government Code sec4on 54953(c)(3), the ac4on recommended in this report would cons4tute a final ac4on on the salary or salary schedule of one or more local agency executives, which shall be orally reported prior to a Council vote.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."

FISCAL IMPACT
Funding for these increases is included in the City's Adopted Fiscal Year 2025/2026 Budget.

ENVIRONMENTAL REVIEW
15378(b) - The ac4on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec4ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

1. Resolution - Fiscal Year 2025/2026 Salary Schedule
Exhibit A - Full Time Permanant Classifications
Exhibit B - Part Time, Retired Annuitants and Extra Help 163
RESOLUTION NO. 2025-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON APPROVING THE FISCAL YEAR 2025/2026 SALARY SCHEDULES
WHEREAS, the California Code of Regulations (CCR) section 570.5 requires publishing of a “Publicly Available Pay Schedule;” and
WHEREAS, this salary schedule must include the position title for every employee position, pay rate for each position, and time base for each position; and
WHEREAS, the City Council approved on August 16, 2022, Memorandums of Agreement with the General Unit and Mid-Management Unit employees and approved an Unrepresented Compensation Program each of which provides for a Fiscal Year 2025/2026 cost-of-living adjustment of a minimum of 2% and a maximum of 5% based on the Consumer Price Index, which was reported as 1.3% for the month of April 2025 by the U.S. Bureau of Labor Statistics; and
WHEREAS, the City Council approved on October 5, 2021, an Employment Agreement with the City Manager providing an annual cost-of-living adjustment beginning in Fiscal Year 2023/2024 of a minimum of 2% and a maximum of 4%; and
WHEREAS, the City completed organizational studies for the Communications Division, Public Works and Finance Departments, and assisted in a study led by the American Canyon Fire Protection District, and now wishes to amend the compensation plan to add or update job classifications consistent with approved improvements to the City’s operations and organizational structure; and WHEREAS, it is appropriate to enact the Fiscal Year 2025/2026 Salary Schedule consistent with the Fiscal Year 2025/2026 Budget as approved by the City Council to implement the following:
• A 2% cost-of-living increase for all General Unit, Mid-Management Unit and Unrepresented Employees, as well as those Temporary classifications indexed to similar Regular classifications, effective July 5, 2025.
• A 2% cost-of-living increase for the City Manager effective July 1, 2025, to be implemented by mutual agreement on July 5, 2025.
• Salary ranges for new classifications of Communications and Engagement Coordinator I/II, Communications and Engagement Supervisor, Deputy City Manager and Fire Administrative Division Manager.
• Amend the salary range for Finance Director consistent with the updated classification specification.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon does hereby approve the Salary Schedule for Full-Time Permanent Classifications for Fiscal Year 2025/2026 effective July 5, 2025, as attached hereto as Exhibit "A," and the Salary Schedule for Part-Time, Retired Annuitants and Extra Help Classifications effective July 5, 2025, attached hereto as Exhibit “B,” to supersede previously adopted Salary Schedules.
164
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 3
rh day of June, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Pierre Washington, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 165
Exhibit A
SALARY SCHEDULE FOR FULL-TIME PERMANENT CLASSIFICATIONS - FY2025-26 Effective: July 5, 2025
Class Code Classification Basis
City Council Monthly $950.00
Executive Classifications
Minimum Control Pt. Maximum
1001 City Manager Annually $221,803.49 $277,254.36 $332,705.23 1009 Assistant City Manager Annually $191,820.38 $239,775.48 $287,730.58 1006 Community Development Director Annually $176,823.94 $221,029.92 $265,235.90 1010 Deputy City Manager Annually $169,930.37 $212,412.96 $254,895.55 1004 Finance Director Annually $175,841.60 $219,802.00 $263,762.40 1003 Parks and Recreation Director Annually $154,008.58 $192,510.72 $231,012.86 1007 Public Works Director Annually $175,531.39 $219,414.24 $263,297.09 Class Code Classification Basis

A B C D E
6210 Assistant Director of Public Works Annually $158,765.52 $166,703.80 $175,038.99 $183,790.94 $192,980.49 6305 City Clerk Annually $121,002.32 $127,052.44 $133,405.06 $140,075.31 $147,079.08 2201 Chief Building Official Annually $133,563.91 $140,242.11 $147,254.22 $154,616.93 $162,347.78 2213 Chief Plant Operator Annually $112,362.70 $117,980.83 $123,879.87 $130,073.86 $136,577.55 2215 Communications & Engagement
Supervisor
Annually $92,221.29 $96,832.35 $101,673.97 $106,757.67 $112,095.55 2309 Development Services Engineer Annually $124,027.38 $130,228.75 $136,740.19 $143,577.20 $150,756.06 2200 Environmental Services Manager Annually $136,903.01 $143,748.16 $150,935.57 $158,482.35 $166,406.47 6208 Finance Manager Annually $147,429.57 $154,801.05 $162,541.10 $170,668.16 $179,201.57 6312 Fire Administration Division Manager Annually $115,171.75 $120,930.34 $126,976.86 $133,325.70 $139,991.99 6310 Human Resources Analyst I Annually $92,221.29 $96,832.35 $101,673.97 $106,757.67 $112,095.55 6311 Human Resources Analyst II Annually $101,795.06 $106,884.81 $112,229.05 $117,840.50 $123,732.52 6309 Human Resources Manager Annually $140,325.59 $147,341.87 $154,708.96 $162,444.41 $170,566.63 6307 Human Resources Officer I Annually $99,312.24 $104,277.85 $109,491.74 $114,966.33 $120,714.65 6308 Human Resources Officer II Annually $121,002.32 $127,052.44 $133,405.06 $140,075.31 $147,079.08 2302 Information Systems Officer Annually $121,002.32 $127,052.44 $133,405.06 $140,075.31 $147,079.08 2210 Maintenance Supervisor Annually $94,526.82 $99,253.16 $104,215.82 $109,426.61 $114,897.94 6303 Management Analyst I (Conf.) Annually $104,339.91 $109,556.91 $115,034.76 $120,786.50 $126,825.83 6304 Management Analyst II (Conf.) Annually $115,171.75 $120,930.34 $126,976.86 $133,325.70 $139,991.99 2310 Management Analyst I Annually $104,339.91 $109,556.91 $115,034.76 $120,786.50 $126,825.83 2311 Management Analyst II Annually $115,171.75 $120,930.34 $126,976.86 $133,325.70 $139,991.99 2204 Public Works Superintendent Annually $130,306.27 $136,821.58 $143,662.66 $150,845.79 $158,388.08 2212 Recreation Manager Annually $106,948.43 $112,295.85 $117,910.64 $123,806.17 $129,996.48 2214 Recreation Supervisor Annually $87,777.55 $92,166.43 $96,774.75 $101,613.49 $106,694.16 2205 Senior Civil Engineer Annually $136,903.01 $143,748.16 $150,935.57 $158,482.35 $166,406.47 2209 Senior Planner Annually $112,362.70 $117,980.83 $123,879.87 $130,073.86 $136,577.55 2211 Wastewater Operations Manager Annually $140,325.59 $147,341.87 $154,708.96 $162,444.41 $170,566.63 2207 Water Systems Manager Annually $136,903.01 $143,748.16 $150,935.57 $158,482.35 $166,406.47 Class Code Classification Basis

A B C D E
4301 Accountant Hourly $43.27 $45.43 $47.70 $50.08 $52.58 4402 Accounting Assistant I Hourly $27.72 $29.11 $30.57 $32.10 $33.71 4403 Accounting Assistant II Hourly $30.61 $32.14 $33.75 $35.44 $37.21 4404 Accounting Assistant III Hourly $33.79 $35.48 $37.25 $39.11 $41.07 4405-3405 Accounting Technician
(General & Confidential) Hourly $37.30 $39.16 $41.12 $43.18 $45.34 4707 Administrative Clerk I Hourly $24.51 $25.74 $27.03 $28.38 $29.80 4708 Administrative Clerk II Hourly $27.06 $28.41 $29.83 $31.32 $32.89 4709 Administrative Clerk III Hourly $29.86 $31.35 $32.92 $34.57 $36.30 4706 Administrative Technician Hourly $36.38 $38.20 $40.11 $42.12 $44.23 4312 Assistant Planner Hourly $44.33 $46.55 $48.88 $51.32 $53.89 4314 Associate Planner Hourly $48.94 $51.39 $53.96 $56.66 $59.49 4415 Building Inspector I Hourly $41.17 $43.23 $45.39 $47.66 $50.04 4416 Building Inspector II Hourly $45.44 $47.71 $50.10 $52.61 $55.24 4917 Building Maintenance Worker Hourly $35.50 $37.28 $39.14 $41.10 $43.15 4318 Capital Projects Coordinator Hourly $51.42 $53.99 $56.69 $59.52 $62.50 4422 Civil Engineering Technician Hourly $46.57 $48.90 $51.35 $53.92 $56.62 4419 Code Enforcement Officer Hourly $39.18 $41.14 $43.20 $45.36 $47.63 4325 Communications & Engagement
Coordinator I Hourly $34.64 $36.37 $38.19 $40.10 $42.10 Salaries
Annual Salary Steps
Hourly Steps
Exempt Classifications
Non- Exempt Classifications
Amended by City Council Resolution on June 17, 2025. Page 1 of 2 166 Class Code Classification Basis

A B C D E
Hourly Steps
Non- Exempt Classifications
4326 Communications & Engagement
Coordinator II Hourly $38.23 $40.14 $42.15 $44.26 $46.47 5403 Construction Management Aide
(At-Will/Temporary/Seasonal) Hourly $36.38 $38.20 $40.11 $42.12 $44.23 3104 Deputy City Clerk (Conf.) Hourly $47.75 $50.14 $52.65 $55.28 $58.04 4101 Deputy City Clerk CDD Hourly $47.75 $50.14 $52.65 $55.28 $58.04 4323 Engineer I Hourly $46.57 $48.90 $51.35 $53.92 $56.62 4311 Engineer II Hourly $51.42 $53.99 $56.69 $59.52 $62.50 4313 Engineer III Hourly $56.75 $59.59 $62.57 $65.70 $68.99 4441 Engineering Technician Hourly $41.17 $43.23 $45.39 $47.66 $50.04 4438 Environmental Specialist I Hourly $36.38 $38.20 $40.11 $42.12 $44.23 4425 Environmental Specialist II Hourly $40.17 $42.18 $44.29 $46.50 $48.82 4439 Environmental Specialist III Hourly $44.33 $46.55 $48.88 $51.32 $53.89 3105 Executive Assistant to the City Manager Hourly $38.23 $40.14 $42.15 $44.26 $46.47 3102 Fire Executive Assistant/ Office
Administrator Hourly $40.17 $42.18 $44.29 $46.50 $48.82 3106 Human Resources Technician Hourly $33.79 $35.48 $37.25 $39.11 $41.07 4324 Lab Analyst Hourly $47.75 $50.14 $52.65 $55.28 $58.04 4927 Maintenance Worker I Hourly $29.86 $31.35 $32.92 $34.57 $36.30 4928 Maintenance Worker II Hourly $32.96 $34.61 $36.34 $38.16 $40.07 4929 Maintenance Worker III Hourly $36.38 $38.20 $40.11 $42.12 $44.23 4831 Mechanic Hourly $39.18 $41.14 $43.20 $45.36 $47.63 4442 Parks and Open Space Project
Coordinator Hourly $36.38 $38.20 $40.11 $42.12 $44.23
4440 Permit Technician Hourly $35.50 $37.28 $39.14 $41.10 $43.15 4833 Plant Maintenance Mechanic I Hourly $40.17 $42.18 $44.29 $46.50 $48.82 4832 Plant Maintenance Mechanic II Hourly $44.33 $46.55 $48.88 $51.32 $53.89 5402 Plant Operator Apprentice Hourly $36.30
4435 Plant Operator I Hourly $40.17 $42.18 $44.29 $46.50 $48.82 4436 Plant Operator II Hourly $44.33 $46.55 $48.88 $51.32 $53.89 4437 Plant Operator III Hourly $48.94 $51.39 $53.96 $56.66 $59.49 4732 Police Technician Hourly $31.37 $32.94 $34.59 $36.32 $38.14 4608 Recreation Coordinator Hourly $34.64 $36.37 $38.19 $40.10 $42.10 4634 Senior Bus Driver Hourly $29.86 $31.35 $32.92 $34.57 $36.30 4930 Senior Maintenance Worker Hourly $40.17 $42.18 $44.29 $46.50 $48.82 4420 Sustainability Coordinator Hourly $41.17 $43.23 $45.39 $47.66 $50.04 Fiscal Year 22/23 Modifications
Fiscal Year 21/22 Modifications

2. 2% pay increase for City Manager effective 7/1/2021

3. Update hourly pay rate for Plant Operator Apprentice consistent with Resolution 2007-92

4. Adjust City Manager's compensation effective July 1 per contract approved Oct. 5, 2021

1. Contract Adjustment - 2% cost-of-living increase for all Regular classifications (excludes Temporary classes not indexed to a Regular classification) effective pay period starting 7/5/2025.

2. Amend the compensation plan to add the classifications of Communications & Engagement Coordinator I/II, Communications & Engagement Supervisor, Deputy City Manager, Fire Administration Division Manager.

1. Contract Adjustment - 3.8% cost-of-living increase for all Regular classifications (excludes Temporary classes not indexed to a Regular classification) effective pay period starting 7/6/2024.

3. Amend compensation plan to remove the classifications of Deputy Public Works Director, Maintenance & Utilities Director, Administrative Services Director, Human Resources Assistant and Aquatics Supervisor.

4. Correctly list Recreation Supervisor as an exempt classification.

5. Update minimum wage rate and new rate for the following positions: Lifeguard, WSI Lifeguard, Office Assistant, Program Coordinator, Recreation Leader, Cashier, Service Worker, Senior Lifeguard, Student Intern, and Senior Recreation Leader effective 12/25/2021, the pay period that includes 1/1/2022.

6. Create Management Fellow salary range.

2. Amend compensation plan to add the classifications of Assistant Director of Public Works, Chief Plant Operator, Deputy City Clerk-CDD, Human Resources Analyst I/II, Human Resources Manager, Human Resources Technician and Management Analyst I/II (Represented).

4. Update City Council compensation per Municipal Code Section Chapter 2.04.060 as amended by Ordinance 2023-10.

1.Market Adjustment, Internal Alignment & Range Placements consistent with Total Compensation Study, Recruitment and Retention Strategic Plan, and Memorandums of Understanding effective the pay period starting 7/9/2022.

2. Contract Adjustment - 5% pay increase for all permanent employees (excludes City Manager and Temporary employees) effective pay period starting 7/9/2022.

1. Contract Adjustment- 3.8% pay increase for all permanent employees (excludes City Manager and Temporary employees) effective pay period starting 7/10/2021

3. Reassign Deputy Public Works Director classification to Unrepresented from At-Will Manager.

1. Contract Adjustment - 4.2% pay increase for all Regular classifications (excludes City Manager and Temporary classes not indexed to a Regular classification) effective pay period starting 7/8/2023.

2. 4% pay increase for City Manager per contract.

Fiscal Year 23/24 Modifications
Fiscal Year 24/25 Modifications

3. Amend the pay rate for Finance Director to reflect unique duties provided for the American Canyon Fire Protection District.

Fiscal Year 25/26 Modifications
Amended by City Council Resolution on June 17, 2025. Page 2 of 2 167 Exhibit B
SALARY SCHEDULE FOR PART‐TIME, RETIRED ANNUITANTS & EXTRA HELP ‐ 2025 Effective July 5, 2025

CLASS CODE CLASSIFICATION PAY BASIS A B C D E
5601 Bus Driver (Non‐Regular) Hourly 21.67                 22.75             23.89        25.08              26.33 5602 Cashier (Seasonal) Hourly 16.50                 17.33             18.20        19.11              20.07 5607 Lifeguard (Temporary) Hourly 17.33                 18.20             19.11        20.07              21.07 5605 Lifeguard (WSI) (Temporary) Hourly 17.76                 18.65             19.58        20.56              21.59 Minimum Maximum
5609 Management Aide (At Will /Temp) Hourly 34.00                    150.00 5101 Office Assistant Hourly 20.11                 21.12             22.18        23.29              24.45 5603 Program Coordinator (Temporary) Hourly 24.91                 26.16             27.47        28.84              30.28 5611 Recreation Specialist (Temporary) Hourly 28.42                 29.84             31.33        32.90              34.55 5604 Recreation Leader (Temporary) Hourly 16.50                 17.33             18.20        19.11              20.07 5608 Senior Lifeguard (WSI) (Temporary) Hourly 19.93                 20.93             21.98        23.08              24.23 5610 Senior Recreation Leader (Temporary) Hourly 18.98                 19.93             20.93        21.98              23.08 5606 Service Worker (Temporary) Hourly 22.76                 23.90             25.10        26.35              27.67 Minimum Maximum
5401 Student Intern (Temporary) Hourly 16.50                       30.28 DEFINITIONS:

Fiscal Year 25/26 Modifications
Fiscal Year 24/25 Modifications
Fiscal Year 23/24 Modifications
Fiscal Year 22/23 Modifications
The following pay ranges are the authorized pay levels for individuals working in a part‐time, temporary, limited term or extra help capacity. The specific pay assignment with each level should be based on internal equity as well as training and experience of the individual filling the part‐time or extra help position. Unless approved by the City Council, the pay of an individual working in any of the temporary job classifications listed below shall be within the approved range.

Part‐time, temporary and extra help positions are limited to 980 hours per calendar & fiscal years. Salaries for PERS retired annuitants must meet PERS requirements and are limited to 960 hours per calendar & fiscal years. If a PERS retired annuitant is performing part‐time services for a position identified on the City's Salary Schedule for full‐time positions, the City pays the employee an hourly rate based on the Salary Schedule for full‐time positions. Consult Human Resources for assistance in determining the appropriate hourly rates for part‐ time, extra‐help or retired annuitants.

1. Created separate Salary Schedule for classifications that can be filled on a part‐time, temporary, seasonal, extra help and/or limited duration basis.

1. Apply 4.2% wage Increase for Bus Driver, Office Assistant and Service Worker classifications, which are indexed to similar Regular classifications effective July 8, 2023.

2. Increased the Minimum Wage and adjusted classes tied to it: Cashier, Lifeguard, Lifeguard (WSI), Program Coordinator, Recreation Leader, Senior Lifeguard, Senior Recreation Leader and Student Intern, effective January 1, 2024.

1. Apply 3.8% wage Increase for Bus Driver, Office Assistant and Service Worker classifications, which are indexed to similar Regular classifications, effective July 6, 2024.

2. Amend compensation plan to add classification of Recreation Specialist, which is indexed to Regular classification of Recreation Coordinator.

1. Apply 2% wage Increase for Bus Driver, Office Assistant and Service Worker classifications, which are indexed to similar Regular classifications, effective July 5, 2025.

2. Delete Management Fellow pay grade as that classification has not been adopted.

Amended by City Council Resolution on June 3, 2025. Page 168 1 of 2 Exhibit B
SALARY SCHEDULE FOR PART‐TIME, RETIRED ANNUITANTS & EXTRA HELP ‐ 2025 Effective July 5, 2025

CLASS CODE CLASSIFICATION PAY BASIS A B C D E
The following pay ranges are the authorized pay levels for individuals working in a part‐time, temporary, limited term or extra help capacity. The specific pay assignment with each level should be based on internal equity as well as training and experience of the individual filling the part‐time or extra help position. Unless approved by the City Council, the pay of an individual working in any of the temporary job classifications listed below shall be within the approved range.

Amended by City Council Resolution on June 3, 2025. Page 169 2 of 2 City Council Committee Report
Submitted
by: *
Mayor Pierre Washington Council
Meeting
Date:
06/17/2025
Event
Date:
11/06/2025 Event Type Community Event
Event Title: * Meet Me In The Street
Event Report: Thank You for
Joining Us at “Meet Me in the Street”!
What
an incredible kickoff to our summer tradition here in American Canyon! Last night’s “Meet Me in the Street” was a great success, with neighbors, families, and friends filling American Canyon Road to enjoy live music, delicious food trucks, local vendors, and community connection.

Thank
you to everyone who came out to support this event — your energy and presence made it special.

If
you missed it, don’t worry — we have two more evenings of fun lined up this summer:

Tuesday, July 9
Tuesday, August 13
Let’s
keep the good times rolling. We hope to see you there!
170
#AmericanCanyon
#MeetMeInTheStreet #CommunityVibes
171
172
File/Photo Upload Max file size for all uploads is 25 MB Event
Date:
11/06/2025 Event Type Committee Report
Event Title: * AMCAM Quarterly Communications Meeting with Councilmember Oro Event Report: Working to
Strengthen City Communication
This
week, I had the opportunity to join Councilmember David Oro and our City Manager & City Staff for our quarterly
communications meeting. Together, we focused on strategies to better serve the American Canyon community through timely, transparent, and helpful information.

Our
discussion also emphasized the importance of creating channels for solicited community feedback, so we can continue to grow and improve how we communicate with you.

We’re
committed to keeping you informed and engaged as we work toward a more connected and responsive city.
173
#AmericanCanyon
#CommunityEngagement #CityCommunication
File/Photo Upload Max file size for all uploads is 25 MB Event
Date:
10/06/2025 Event Type Committee Report
Event Title: * AMERICAN CANYON Fire Protection District Finance Committee Meeting Event Report: Fire District
Financial Planning Update
This
week, I attended the American Canyon Fire Protection District Finance Committee meeting alongside Vice Mayor Mark Joseph. We reviewed the current financial standing of our Fire District, and I’m pleased to report that we are tracking well.

However,
as we look ahead, it’s clear that additional resources will be necessary to sustain continuous improvement. This includes funding for wage increases to remain competitive and the potential addition of a Battalion Chief to support our growing community’s needs.
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We
remain committed to ensuring our Fire District has the tools, personnel, and resources it needs to continue delivering high-quality service to American Canyon.

File/Photo Upload Max file size for all uploads is 25 MB Event
Date:
05/06/2025 Event Type Community Event
Event Title: * ACHS Class of 2025 Graduation
Event Report: Celebrating the
Class of 2025
I
had the honor of attending the American Canyon High School Class of 2025 graduation alongside Councilmember Brando Cruz, Supervisor Belia Ramos, and Napa County Sheriff Oscar Ortiz. It was a privilege to stand among fellow elected officials in celebration of our graduates’ hard work, dedication, and accomplishments.

Before
the ceremony began, I had the opportunity to share a brief message of pride and encouragement with the graduates, a reminder of their strength, potential, and the bright futures ahead.
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Congratulations
to the Class of 2025, your city is proud of you!
File/Photo Upload Max file size for all uploads is 25 MB Event
Date:
03/06/2025 Event Type Community Event
Event Title: * Coca Cola Job Fair
Event Report: Supporting
Coca-Cola Employees at the Job Fair
This
week, I had the opportunity to attend a job fair organized by Coca-Cola, designed specifically to support employees affected by the upcoming closure of the American Canyon facility.

Approximately 20 companies participated, offering
valuable resources and job opportunities to help our local workforce transition into new roles.

I
want to commend Coca-Cola’s leadership for their thoughtful planning and genuine effort in facilitating this event. Their commitment to their employees during this challenging time was evident.

While
visiting, I also toured the manufacturing plant. The morale among employees remained impressively positive, a testament to their professionalism and dedication. Still, it’s clear many wished the facility could remain open here in American Canyon.
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As
Mayor, I will continue to advocate for our workers and seek opportunities that strengthen local employment and economic resilience.

File/Photo Upload Max file size for all uploads is 25 MB 177

FUTURE AGENDA ITEMS OF NOTE
June 26, 2025 - Planning Commission Meeting.
6:30 p.m.

Meeting Cancelled
July 15, 2025 - Regular City Council Meeting
6:30p Open Session
Proclamation: Parks & Recreation Month
Presentation: Caltrans Update on Hwy 80
Project
Presentation: Friends of the Napa River
NACC DA Extension First Reading
AC-1 DA Term Sheet
Parking Restrictions on Broadway
Business License Fee Program
Q1 CIP Update
July 24, 2025 Planning Commission Meeting.
6:30 p.m.

Crawford Way Townhome Tentative Subdivision
Map for Condos
August 5, 2025 Regular City Council Meeting
**NNO Consent Only
August 6, 2025 OSATS Meeting. 6:30 p.m.

August 14, 2025 Parks and Community Services
Meeting. 6:30 p.m.

August 19, 2025 Special Joint City
Council/Planning Commission Meeting 6:30p
Open Session
Development Standards
August 28, 2025 Planning Commission Meeting
6:30 p
September 2, 2025 Regular City Council
Meeting 6:30 p
Proclamation: Hispanic Heritage Month
Proclamation: National Recovery Month
Audubon Society Presentation
Crawford Way Townhome Tentative Subdivision
Map for Condos
September 3, 2025 OSATS Meeting. 6:30 p.m.

September 11, 2025 Parks and Community
Services Meeting. 6:30 p.m.

September 16, 2025 Regular City Council
Meeting 6:30p Open Session
Proclamation: National Suicide Prevention Month
Proclamation: National Community Planning
Month

Unscheduled Council Directed Items Councilmember
Date of Council
Vote Notes
American Canyon History Report Washington 7/18/2023 Scheduled for 06/17 (Facility Naming) All Electric Reach Code (Discussion
only) Joseph 11/7/2023
On hold pending RCAAP and Berkeley
litigation.

Food Ware Ordinance Joseph 9/17/2024 On hold, pending RCAAP Purple Heart Designation Washington 10/15/2024 In progress, council date TBD A.I. Policy Oro 12/3/2024 Scheduled for 10/21/2025
Presentation by Audubon Society Joseph 04/15/2025 Scheduled for 09/02/2025 Broadway Parking Options Oro 05/06/2025 Scheduled for 07/15/2025 Business License Fee Program Joseph 05/20/2025 Scheduled for 07/15/2025 178

American Canyon City CouncilJune 17, 2025

American Canyon City Council
June 17, 2025