CITY OF FAIRFIELD
CITY COUNCIL
MEETING AGENDA
Tuesday, August 18, 2026, 6:00 p.m.
Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
Councilmember Manveer Sandhu will be attending remotely via Zoom. Teleconference location (Gov’t Code 59453 (b)) 2440 Sand Hill Road, Suite 101, Menlo Park. ***Open to the Public***
Notice to Public
The City of Fairfield is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, realtime captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (707) 428-7400.
For individuals with hearing or speaking limitations, dial 711 or (800) 735-2922 (English). For Spanish, Tagalog or other language, please dial (800) 855-3000 and provide the communication assistant with the following City telephone number: (707) 399-4010.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item in the 12 months prior to the date the item is on the agenda. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member in the 12 months prior to the date the item is on the agenda are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
Members of the public can observe the meeting on Roku City of Fairfield, Xfinity Channel 26, AT&T U-Verse Channel 99, and web streamed live at www.youtube.com/FFCATV. The public may join the meeting via Zoom at: https://fairfield.ca.gov/zoomcitycouncil or via phone (408) 638-0968, Webinar ID: 814 7538 5275, Passcode: 7074287400
Pages
A. CALL TO ORDER 6:00 PM
B. ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Manveer Sandhu
Councilmember Scott Tonnesen
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Rick Vaccaro
C. INVOCATION - Pastor John Reed of Fairfield Church of Christ D. PLEDGE OF ALLEGIANCE
E. COUNCIL REPORTS
F. CITY MANAGER'S REPORT
G. CITY ATTORNEY'S REPORT
H. CITY CLERK'S REPORT
I. PRESENTATIONS
I.1 Legislative Update Presented by Assistant to the City Manager Liz Aptekar J. PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters, not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item, please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item, as determined by the mayor.
K. CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.
Recommended Action:
To approve the consent calendar.
K.1 CM Approval of Meeting Minutes for July 2026 5
Approval of Meeting Minutes for July 2026
Funding Source: N/A
Contact: Karen Rees, (707) 428-7767
Recommended Action:
Approve the meeting minutes.
K.2 Resolution 2026-156 PR Golf Volunteer Program 23
Approving a Volunteer Program for City Golf Courses and Adopting Volunteer Service Benefit Policy
Funding Source: N/A
Contact: Kristina Kaunzinger, (707) 428-7470
Recommended Action:
Adopt resolution.
K.3 Resolution 2026-177 PW Vision for our Water Future 30 Adopting the Vision of Our Water Future as a Member Agency of the Association of California Water Agencies
Funding Source: N/A
Contact: Michael Hether, (707) 428-7493
Recommended Action:
Adopt resolution.
K.4 Resolution 2026-178 PW Authorizing Amendment #1 to the Engineering Design Services Agreement for the Lopes Road Emergency Storm Damage Repair Project
39 Approving Amendment #1 to the Engineering Design Services Professional Services Agreement with Dewberry Engineers for the Lopes Road Emergency Storm Damage Repair Project (CPW090069) and Authorizing the City Manager to Execute Amendment #1 on Behalf of the City of Fairfield and Authorizing an Update to the Fiscal Year 2026-2027 Budget
Funding Source: $247,500 ($219,111.75 Federal Highway Administration; $7,097.05 City of Benicia; $21,291.20; Senate Bill 1)
Contact: Bryan Heinzelman, (707) 428-7034
Recommended Action:
Adopt resolution.
K.5 Resolution 2026-179 PW Awarding Construction Contract for the Fiscal Year 2025-2026 Rancho Solano Pavement Maintenance Project
70 Approving the Plans and Specifications and Awarding a Contract to VSS International, Inc. of West Sacramento, CA for the Fiscal Year 2025-2026 Rancho Solano Pavement Maintenance Project
Funding Source: $6,394,138; Smith Ranch District Fund
Contact: Ryan Panganiban, (707) 428-7017
Recommended Action:
Adopt resolution.
L. NEW BUSINESS
L.1 Resolution 2026-180 FD Firefighter Overhire 76
Authorizing the Addition of Nine Firefighter/Paramedic Overhire Positions and an Update to the Fiscal Year 2026-2027 Budget
Funding Source: $1,210,313; General Fund
Contact: John Sturdee, (707) 436-7228
Recommended Action:
Adopt resolution.
M. ADJOURN
ADJOURN TO TUESDAY, SEPTEMBER 1, 2026, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.
PUBLIC NOTIFICATION
I, Kelly Ballard, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Wednesday, August 13, 2026.
Agenda Item No: K.1
AGENDA REPORT
DATE: August 18, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: CM Approval of Meeting Minutes for July 2026
Funding Source: N/A
Contact: Karen Rees, (707) 428-7767
RECOMMENDED ACTION
Approve the meeting minutes.
STATEMENT OF ISSUE
Minutes need approval by the City Council.
DISCUSSION
The City Council Minutes for July 2026 have been approved by the city attorney and need council approval.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to modify the minutes , which will result in bringing this item back at a future date.
COORDINATED WITH
City Attorney’s Office
STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 428-7402
[email protected]
ATTACHMENTS
Attachment 2: 2026-07-07 Closed Session Minutes
Attachment 3: 2026-07-07 City Council Minutes
Attachment 4: 2026-07-21 Closed Session Minutes
Attachment 5: 2026-07-21 City Council Minutes
1 CITY OF FAIRFIELD CITY COUNCIL
CLOSED SESSION MEETING
TUESDAY, JULY 07, 2026; 5:00 PM
CITY MANAGER’S OFFICE CONFERENCE ROOM
1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533
OR VIA ZOOM
MINUTES
CALL TO ORDER
Mayor Vaccaro called the meeting to order at 5:00 p.m. City Attorney David Lim called roll.
Councilmember Doug Carr - Present
Councilmember Doriss Panduro - Present
Councilmember Manveer Sandhu - Present
Councilmember Scott Tonnesen - Present
Councilmember K. Patrice Williams - Present
Vice Mayor Pam Bertani - Present
Mayor Rick Vaccaro - Present
PUBLIC COMMENTS
There were no public comments.
The City Council went into closed session on the following items with the listed people present:
F.1 Conference with Legal Counsel - Anticipated Litigation
(Government Code section 54956.9(d)(2)-(4))
Two Potential Cases: 1) Review and Legal Analysis of Citizen Requests for Refunds Regarding Landscape, Lighting and Maintenance Districts in General; and 2) Review and Legal Analysis of Threat of Litigation by Resident David Thacker involving LLMD No. 5 (Rancho Solano)
Contact: David Lim, (415) 421-8484
Present were City Attorney David Lim, City Manager David Gassaway, Assistant City Manager Farbod Pirouzmand, Public Works Director Sanjay Mishra, and Chris Lewis
F.2 Conference with Labor Negotiator (Gov’t Code 54957.6)
Employee Organization: Fairfield Professional Firefighters Association (Local 1186) Labor Negotiator for City: Farbod Pirouzmand
Contact: David Lim, (415) 421-8484
Present were City Attorney David Lim, City Manager David Gassaway, and Assistant City
2 Manager Farbod Pirouzmand
The City Council came out of closed session.
The City Attorney reported that by a 5-1 vote (Motion by Tonnesen, Second by Sandhu, Bertani voting “No”) the City Council moved to keep all attorney-client privileged information discussed in closed session confidential pursuant to Government Code 54963.
No other items were reported.
Mayor Vaccaro adjourned the meeting at 5:56 p.m.
______________________________
City Attorney
________________________________
Mayor
1 CITY OF FAIRFIELD
CITY COUNCIL MINUTES
July 7, 2026, 6:00 p.m.
Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
_____________________________________________________________________
A. CALL TO ORDER 6:00 PM
Mayor Rick Vaccaro called the meeting to order at 6:00 p.m.
B. ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Manveer Sandhu, Scott Tonnesen, and K. Patrice Williams, Vice Mayor Pam Bertani, and Mayor Vaccaro.
C. INVOCATION - Pastor Jeff Hood of First Baptist Church Pastor Jeff Hood of First Baptist Church gave an invocation.
D. PLEDGE OF ALLEGIANCE
Councilmember Sandhu led the Pledge of Allegiance.
E. COUNCIL REPORTS
Councilmember Williams reported that she attended the Solano County Ministerial Alliance Community Healing & Unity Town Hall led by Pastor William Harris on July 1.
Discussion topics included promoting accountability and trust, public safety and violence prevention, mental health and community healing, and more. Next, she reported that a Kids 707 Day is happening on July 11 at Laurel Creek Park. The free family event will have fun activities such as games, sports, food vendors, face painting, live music, a 360 photo booth, and prize raffles. Lastly, she reported that the grand opening of the new See's store in Green Valley Shopping Center is also on July 11 at 10 am.
Councilmember Tonnesen shared that the Independence Day Parade and unveiling of the refurbished Fairfield arch sign was a great success with a lively crowd. He thanked staff, notably Jennifer Rice and team of Economic Development and Juan Segura and team of Parks & Recreation, the two "Mikes" who were in the bucket trucks, and lastly, Mark Sharp for his handcrafted cr eative design of the arch sign as a thank you for donors. He also thanked the volunteers who made the event so special. Next, he thanked the Marketing and Outreach Division (MOD Team) for keeping the public informed of the Lions Club arch sign fundraising campaign and the America 250 Celebration. Lastly, he thanked Kelly
2 Ballard and Liz Aptekar from the City Manager's Office for their hard work and dedication in planning the event.
Councilmember Carr reported that the next Homeless Roundtable will be held on July 22 at 10 am at Willow Hall in the Community Center. He shared that Abode Services is the new operator and administrator for Solano County's Coordinated Entry System through Resource Connect Solano. They can be reached at (707) 346 -5870. Next, he enc ouraged the community to visit the new Dumpling House restaurant in downtown Fairfield. He shared that the grand opening of The Picklr is Saturday, July 11, 12-5 pm. They have seven premier indoor pickleball courts, professional training programs, and a de dicated club environment.
Councilmember Panduro shared that she loves a parade and especially enjoyed our July 4th Parade and seeing all of the happy families gathered and waving flags --it was a time of unity and joy. She stated that she also thanks all of the staff and volunteers who coordinated such a special event. She reported that the CAP Solano JPA (that oversees the funding for homeless programs in Solano County) has a new Executive Director - Stephanie Weaver. Lastly, she reported she attended the 1 st Annual Solano Hispanic Chamber of Commerce 2026 Scholarship Luncheon on June 17 at the Suisun Valley Inn in Fairfield.
Three college students and one business owner were recognized. She congratulated the recipients.
Vice Mayor Bertani noted that the In dependence Day Parade and unveiling of the beautiful new arch sign were extraordinary! She invited the community to attend her last Public Table town hall meeting on July 11 at Lake Club at One Lake at 10 am. Everyone is welcome - you do not need to live in District 4 to attend. Next, she encouraged people to attend the Unity in the Community event on July 25, 5-7 pm, in the Fairfield City Hall Quad, hosted by the Band of Believers of Solano County, Fairfield Police Department, and the Fairfield Clergy Action Network (CAN).
Councilmember Sandhu reported on a new business that opened on July 4 in District 6 called "Enough Coffee and Bar," located at 586 Parker Road. By day it's a coffee bar, and in the evening they also serve selected boutique wines, sake, and unique cocktails.
Mayor Vaccaro noted that the July 4 Parade was widely regarded as the best attended and was a tremendous success, taking place without any issues. He gave kudos to staff and everyone who participated and volunteered. He thanked the co mmunity members that have reached out to welcome him. He said he is honored to serve as mayor on a limited basis. He said he was looking forward to working with his colleagues.
F. CITY MANAGER'S REPORT
City Manager David Gassaway reported that the Independ ence Day Parade and the unveiling of the new Fairfield arch sign were executed masterfully. He expressed his appreciation to the Fairfield Lions Club for its fundraising efforts that made the new Fairfield sign possible. He also shared that, based on estim ates from the City's IT Department, approximately 4,500 people attended the parade and related festivities.
3 Finally, he announced that Items J.2 and J.7 would be pulled from the agenda to allow staff additional time to provide further information.
G. CITY ATTORNEY'S REPORT
City Attorney David Lim had nothing to report.
H. CITY CLERK'S REPORT
City Clerk Karen Rees shared that she enjoyed serving as a judge for the Independence Day Parade and participating in the celebration of the nation's 250th anniversary. She thanked Fairfield Poet Laureate Michael Wyly for writing and delivering a fitting poem for the occasion.
She also announced that individuals interested in running for the City Council seats representing Districts 1, 3, or 5, or for the office of Mayor, should contact the City Clerk's Office to schedule an appointment to pull nomination papers beginning July 15. She noted that her appointment calendar was already full on July 13 and 14 with prospective candidates.
I. PUBLIC COMMENTS
Greg Lyon, EJ Johnson, Michael Jefferson, Vince Webster, Rick Johnson, Dave Harrison, Dr.
Sam Morris, Ryan Messano, Ami, Ana Petero (online), Joseph Joyce (online), and Rochelle Cooks spoke during public comment.
J. CONSENT CALENDAR
City Manager Gassaway requested that Item J .2 be pulled to provide additional information. Rick Johnson asked that J.7 be pulled for clarification. After voting on those items separately, Vice Mayor Bertani made a motion to approve the remainder of the consent calendar, excluding Items J.2 and J.7. Councilmember Carr seconded the motion.
The motion passed unanimously, 7-0.
Moved by: Vice Mayor Bertani
Seconded by: Councilmember Carr
To approve the consent calendar.
Motion Carried
J.1 CM Approval of Meeting Minutes for May 2026
Approve the meeting minutes.
J.2 Resolution 2026-148 CM Mayor’s Revised Appointments and Recommendations 2026
City Manager Gassaway asked for J2 to be pulled to clarify that Mayor Rick Vaccaro was added to the appointments and recommendations for calendar year 2026, as
4 the original schedule was set during the council's annual retreat in January of 2026. The appointments list attached has been corrected to reflect Councilmembers Tonnesen and Panduro, instead of Vice Mayor Bertani and Councilmember Panduro, for the Appointment Committee.
Councilmember Sandhu made a motion to approve Resolution 2026 -148. Vice Mayor Bertani seconded the motion. The motion carried unanimously 7-0.
Moved by: Councilmember Sandhu
Seconded by: Vice Mayor Bertani
Adopt resolution.
Motion Carried
J.3 Resolution 2026-149 CM Reasonable Accommodation Policy for Remote Participation at Meetings Subject to the Brown Act
Adopt resolution.
J.4 Resolution 2026-150 PW Water Treatment Mixing Equipment Replacement Approve resolution.
J.5 Resolution 2026-151 PW Approving the Conveyance of Easements to the Fairfield-Suisun Sewer District (FSSD)
Adopt resolution.
J.6 Resolution 2026-152 PW Authorizing the City Manager to Execute Amendment No. 1 with Caltrans
Adopt resolution.
J.7 Resolution 2026-153 PW Adopting the Second Update to the Landscape Oversight Committee Guidelines and Duties of the Committee Rick Johnson requested that Item J.7 be pulled for discussion. Following a lengthy discussion, Councilmember Tonnesen moved to approve Resolution 2026 -153, and Vice Mayor Bertani seconded the motion. The motion passed unanimously, 7-
0. The Council also provided direction to the committee regarding potential modifications to the residency requirements. Councilmembers Tonnesen, Panduro, Williams, and Sandhu expressed support for maintaining the current structure, with no at -large members and continued representation from each council district. Vice Mayor Bertani voiced support for including at-large members.
Councilmember Carr did not comment on the matter. Mayor Vaccaro concluded that, based on the majority consensus, the committee would remain unchanged, retaining the existing district-based representation.
5 Moved by: Councilmember Tonnesen
Seconded by: Vice Mayor Bertani
Adopt resolution.
Motion Carried
J.8 Resolution 2026-154 PW Sacramento and San Joaquin Drainage Property Abatement Program Agreement with Central Valley Flood Protection Board Adopt resolution.
J.9 Resolution 2026-155 CD NorthBay Purchase and Sale Agreement Adopt resolution.
K. NEW BUSINESS
K.1 CM Minute Action Approving the Mayor’s Appointments Mayor Vaccaro made a motion to approve appointments to the Planning and Youth Commissions. Councilmember Tonnesen seconded the motion. The motion passed unanimously, 7-0.
City Clerk Rees administer ed the Oath of Office to the following Planning Commissioners: Hannah Cordero -Chen, Shashi Paul, and Aidan Ali -Sullivan and Youth Commissioner Fateh Takhar. City Manager Gassaway took photos of the commissioners with their families. Clerk Rees distributed Jelly Belly beans and City of Fairfield pins.
Moved by: Mayor Vaccaro
Seconded by: Councilmember Tonnesen
Approve appointments. Perform oath of office.
Motion Carried
K.2 Resolution 2026-156 PR Golf Volunteer Program
Director of Parks & Recreation Kristina Kaunzinger gave a presentation. Brice Bins, Ron Collins, Chris Pedersen, Sherman Harris, Mike Rees, and Raymond Courtemanche (online) spoke on Item K.2.
After a lengthy discussion, the majority of the City Council directed staff to return with a p roposal and updated resolution based on the Golf Advisory Board's recommendations, incorporating a few modifications discussed by the Council.
Therefore, they did not vote on Resolution 2026-156. No action taken.
Adopt resolution.
6 K.3 Resolution 2026-157 FN CFD Bonds One Lake (Planning Area 5) Director of Finance John Furtado gave a brief presenation. There were no requests to speak. Vice Mayor Bertani made a motion to approve Resolution 2026 -157.
Councilmember Carr seconded the motion. The motion passed unanimously, 7-0.
Mayor Vaccaro stated they would hear Item K.7 and K.6 next, out of order.
Moved by: Vice Mayor Bertani
Seconded by: Councilmember Carr
Adopt resolution.
Motion Carried
K.4 HD Presentation and Direction for Homeless Priorities Homeless Services Manager Samantha Burrows gave a presentation. Gene Ahu and Ami spoke on Item K.4.
Council gave direction to increase the funding from $125,000 to $200,000 per year to fund 10 beds for the next two years (amending the current contract). T he Memorandum of Understanding (MOU) change will return for official approval on consent at the August 4, 2026 meeting. They also gave direction to continue to apply for any funding for short term interventions. No action taken.
K.5 Resolution 2026-119 CM Internet Service and Telephonic Service Disruption Policy
City Attorney Lim reminded council that they had already approved this item previously, but it was on the consent calendar and should have been on new business. There were no requests to speak on this item. Councilmember Tonnesen made a motion to approve Resolution 2026 -119. Councilmember Panduro seconded the motion. The motion carried unanimously 7-0.
Moved by: Councilmember Tonnesen
Seconded by: Councilmember Panduro
Adopt resolution.
Motion Carried
K.6 Resolution 2026-158 and Ordinance 2026-05 CM Submitting to the Voters a Measure to Make the Office of City Clerk an Appointive Position Assistant City Manager and Human Resources Director Farbod Pirouzmand gave a brief presentation. Arletta Cortright
7 Councilmember Carr made a motion to approve Resolution 2026-158. Vice Mayor Bertani second the motion. The motion passed unanimously, 7-0.
Mayor Vaccaro stated Item K.4 would now be heard.
Moved by: Councilmember Carr
Seconded by: Vice Mayor Bertani
Adopt resolution.
Motion Carried
K.7 Resolution 2026-159 and Ordinance 2026-06 CM Proposed Ordinance and Resolution for Amending TUT Ordinance
Assistant City Manager and Human Resources Director Farbod Pirouzmand gave a brief presentation. Michael E. Smith, Ron Bremer, and Steve Vancil spoke on Item K.7.
Councilmember Tonnesen made a motion to approve Resolution 2026 -159.
Councilmember Carr seconded the motion. The motion passed unanimously, 7-0.
Council then moved to Item K.6.
Moved by: Councilmember Tonnesen
Seconded by: Councilmember Carr
Adopt resolution.
Motion Carried
L. ADJOURN
Mayor Vaccaro adjourned the meeting at 9:52 p.m. to Tuesday, July 21, 2026, 6 pm, in the Harry T. Price Memorial Council Chamber.
Mayor City Clerk
1 CITY OF FAIRFIELD
CLOSED SESSION MEETING
MINUTES
July 21, 2026, 5:00 p.m.
City Manager's Office Conference Room
1000 Webster Street, 4th Floor, Fairfield, CA 94533
_____________________________________________________________________
A. CALL TO ORDER 5:00 PM
Mayor Rick Vaccaro called the meeting to order at 5:00 p.m.
B. OPEN SESSION
C. ROLL CALL
On roll call were Councilmembers Doriss Panduro, Manveer Sandhu, Scott Tonnesen, and K. Patrice Williams, Vice Mayor Pam Bertani, and Mayor Rick Vaccaro. Councilmember Doug Carr was absent.
D. PUBLIC COMMENTS
No members of the public wished to speak at public comment.
E. CLOSED SESSION
F. PRESENTATIONS
F.1 Conference with Real Property Negotiators (Government Code 54956.8) Present were City Manager David Gassaway, Assistant City Attorney Christian Petrangelo, Economic Development Specialist Jennifer Rice, and Community & Economic Development Director Dave Zellers.
F.2 Conference with Real Property Negotiators (Government Code 54956.8) Present were City Man ager David Gassaway, Assistant City Attorney Christian Petrangelo, Economic Development Specialist Jennifer Rice, and Community & Economic Development Director Dave Zellers.
F.3 Conference with Real Property Negotiators (Government Code 54956.8)
2 Present we re City Manager David Gassaway, Assistant City Attorney Christian Petrangelo, Economic Development Specialist Jennifer Rice, and Community & Economic Development Director Dave Zellers.
G. ADJOURN
The meeting adjourned at 5:26 p.m.
Mayor City Attorney
1 CITY OF FAIRFIELD
CITY COUNCIL MINUTES
July 21, 2026, 6:00 p.m.
Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
_____________________________________________________________________
A. CALL TO ORDER 6:00 PM
Mayor Rick Vaccaro called the meeting to order at 6:00 p.m.
B. ROLL CALL
On roll call were Councilmembers Doriss Panduro, Manveer Sandhu, Scott Tonnesen, K.
Patrice Williams, Vice Mayor Pam Bertani, and Mayor Rick Vaccaro. Councilmember Doug Carr was absent.
C. INVOCATION - Pastor Andre Davis of the Band of Believers Pastor Andre Davis of the Band of Believers gave an invocation.
D. PLEDGE OF ALLEGIANCE
Councilmember Williams led the Pledge of Allegiance.
E. COUNCIL REPORTS
Councilmember Williams shared that she attended the grand opening of See's Candies in the Green Valley Shopping Center, noting that the store was packed with excited customers. She also enjoyed Popsicles in the Park at Allan Witt Park and attended the inaugural 707 Kids Day at Laurel Creek Park, where 331 children spent the day laughing, running, and playing games. She recognized Nate Thompson for organizing the event and congratulated everyone involved in bringing the first -ever 707 Kids Day to Fairfield.
She invited the community to attend the Community Development's next Lunch Mob at Dumpling House at 700 Texas Street in August.
Councilmember Tonnesen reported on an event at Allan Witt Park happening on August 22, from 10 am to noon - Let's Play Catch! Bring your kids, ages 5-18, to the park to play catch in the fresh air, supported by Solano Premier Baseball, USSSA TPR, Matt Garcia Youth Foundation and Respect the Game. Fun for all with a DJ and a raffle! He also attended the opening of See's Candies and was told peop le started lining up at 4:30 am! He also attended The Picklr's grand opening, 1574 Gateway Boulevard, an indoor pickleball center, and Train -4-Life, located at 821 Texas Street, a family martial -arts
2 center and fitness gym for all ages. He shared that The Archer's Den at 735 Texas Street opens this week, a veteran-owned indoor archery arena in downtown - fun for the entire family.
Councilmember Panduro thanked Police Chief Dan Marshall, Fire Chief John Sturdee, deputy chiefs, and Admin Tech Lead Anjurle D uchaussee of Fire, and others who attended the Court Appointed Special Advocates (CASA) Solano Open House held earlier today, where she is employed. CASA advocates for children in foster care. Guests were able to tour the facility, meet the staff, and visi t the CASA Store. For more information, visit www.casasolano.org.
Vice Mayor Bertani reported that she completed her final and sixth session of The Public Table, a series of town halls she hosted the past few months. She thanked the residents who attended, and staff, who helped set -up for each session. Next, she invited the community to attend an event "Unity in the Community" on Saturday, July 25, 5-7 pm, in the courtyard adjacent to City Hall and the Council Chamber, hosted by the Band of Believers of Sol ano County, Fairfield Police Department, and the Fairfield Clergy Action Network (CAN). All are welcome and it is a family -friendly event. Lastly, she shared that CAN would hold its monthly meeting on Tuesday, July 28, 3:00 -4:30 pm, in the Vista Conference Room in the Community Center.
Councilmember Sandhu reported he attended the monthly Marin Clean Energy (MCE) board meeting. The board is currently conducting a governance review and will implement structural changes in the coming year. They are also plann ing to hire a new Chief Executive Officer, who will replace the current Interim CEO, Vicken Kasarjian.
Former CEO Dawn Weisz' last day was June 17.
Mayor Vaccaro stated it was nice to see a packed Chamber. He announced that he was sworn in at Solano Transp ortation Authority's board meeting last week and shared that it was great to learn about all of the current transportation projects. He warned people to stay hydrated during the hot weather - especially young children.
F. CITY MANAGER'S REPORT
City Manager David Gassaway had nothing to report.
G. CITY ATTORNEY'S REPORT
Assistant City Attorney Christian Petrangelo had nothing to report.
H. CITY CLERK'S REPORT
City Clerk Rees reported that anyone running for Council can make their appointment to file election papers now up to August 7. For those running for mayor, candidates must file their papers by August 12. She thanked several Adopt -A-Street groups for their dedication and commitment to helping beautify Fairfield by holding regular cleanups.
I. PRESENTATIONS
3 I.1 I-80/I-680/SR-12 Interchange Project: Package 5 Presented by Nick Burton, Director of Projects, Solano Transportation Authority
Solano Transportation Authority Director of Projects Nick Burton presented an update on the I-80 / I-680 /SR 12 Interchange project and also spoke about the I- 80 express lanes. Following the presentation, the City Council asked several questions about the project's operations and future plans.
David Man of the Metropolitan Transportation Commission explained that ongoing mar keting and public education efforts will continue to help drivers better understand how the express lanes operate. He noted that the three -year pilot program is standard practice, providing enough time to gather meaningful data and evaluate performance, wi th annual reports planned to keep the public and partner agencies informed.
As additional data is collected, the Metropolitan Transportation Commission will continue working closely with Caltrans and the Solano Transportation Authority to identify opportun ities to improve express lane operations. Mr. Man also shared that preliminary data indicates the express lanes have provided significant congestion relief along the corridor seven days a week.
J. PUBLIC COMMENTS
The following individuals spoke during publ ic comment: Ryan Messano, Gil Handy, JT Hoyle, Chase Diaz, Luke Garcia, Daniel Villa, Michael Jefferson, Adrienne La Cielo, Nora Dizon, Fernando Carnero, George Kennedy, Robert Myers, Rhamesha & Sequoia, Dave Harrison, Loc Harris, and Dana Dean (online).
K. CONSENT CALENDAR
There were no requests to speak. Vice Mayor Bertani made a motion to approve the consent calendar. Councilmember Tonnesen seconded the motion. The motion passed unanimously (6-0).
Moved by: Vice Mayor Bertani
Seconded by: Councilmember Tonnesen
To approve the consent calendar.
Motion Carried
K.1 CM Approval of Meeting Minutes for June 2026
Approve the meeting minutes.
K.2 Resolutions 2026-58 and 2026-59 PW Micro-Trenching Specifications and Standards and Broadband Specifications and Standards
Adopt resolutions.
4 K.3 Resolution 2026-160 PW Fairfield Municipal Utility Regulations Update Adopt resolution.
K.4 Resolution 2026-162 PW Awarding Construction Contract for the Highway Safety Improvement Program Cycle 11 Citywide Systemic Signal Visibility Upgrades Project
Adopt resolution.
K.5 Resolution 2026-163 PW First Amendment to the Solano Express Intercity Transit Funding and Cost-Sharing Agreement
Adopt resolution.
K.6 Resolution 2026-164 PW Awarding Construction Contract for 2025-2026 Pavement Maintenance Project
Adopt resolution.
K.7 Resolution 2026-165 PW Awarding Construction Contract for the Lopes Road Emergency Storm Damage Repair Project
Adopt resolution.
K.8 Resolution 2026-166 PW Execution of a Public Utility Easement Assessor’s Parcel Number 0034-150-310
Adopt resolution.
K.9 Resolution 2026-167 HR Approving Contract with Mosaic Public Partners LLC Adopt resolution.
K.10 Resolution 2026-168 CD Fairfield-Suisun Unified School District Joint Use Lease Agreement
Adopt resolution.
K.11 Ordinance 2026-04 CD Amending Section 11.13.2 of the Fairfield Municipal Code
Provide second reading and adopt Ordinance 2026-04.
L. ADJOURN
Mayor Vaccaro adjourned the meeting at 7:32 p.m. to Tuesday, August 4, 2026, 6 p.m., Harry T. Price Memorial Council Chamber.
5 Mayor City Clerk
Agenda Item No: K.2
AGENDA REPORT
DATE: August 18, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-156 PR Golf Volunteer Program
Approving a Volunteer Program for City Golf Courses and Adopting Volunteer Service Benefit Policy
Funding Source: N/A
Contact: Kristina Kaunzinger, (707) 428-7470
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Touchstone Golf Foundation is dissolving and the volunteer program at the golf courses will terminate. Staff seek approval to develop and implement a new city volunteer program specific for volunteer services at Rancho Solano and Paradise Valley golf courses.
DISCUSSION
At the City Council meetings held on July 7 and August 4, 2026, staff provided comprehensive information relating to the potential implementation of a city -managed Volunteer Program for services at the City’s two golf courses. The council reviewed recommended options for defining benefits for volunteer services. After review and discussion, Council directed staff to revise and return to council the proposed Resolution 2026-156 with one slight adjustment to include a limit of 30 volunteers per course to the policy outlining benefits of the Program.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Any alternative action as directed by council.
COORDINATED WITH
City Manager’s Office and KemperSports
STAFF CONTACT
Kristina Kaunzinger, Director of Parks & Recreation
(707) 428-7470
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Golf Course Volunteer Program
CITY OF FAIRFIELD
RESOLUTION NO. 2026-156
APPROVING A VOLUNTEER PROGRAM FOR CITY GOLF COURSES AND ADOPTING VOLUNTEER
SERVICE BENEFIT POLICY
WHEREAS, in 2024 the City and Touchstone Golf, LLC entered into a management agreement for operation and maintenance of the two city-owned golf courses; and
WHEREAS, the City a uthorized use of volunteers through the not-for-profit Touchstone Golf Foundation, an affiliate of Touchstone Golf; and
WHEREAS, in early 2025, Touchstone Golf, LLC was acquired by KemperSports; and
WHEREAS, in late 2025, notification was received that the Touchstone Foundation was dissolving, thereby no longer supporting volunteer services; and
WHEREAS, in 2026, Golf Advisory Board recommended the City of Fairfield develop a volunteer program for service at both golf courses to be operated as a City volunteer program; and
WHEREAS, at the City Council meetings held on July 7 and August 4 , 2026, Council reviewed options for the level of benefits for volunteer services and directed staff to revise and return item for approval.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager, or designee, is hereby directed to implement a formalized city- managed and administered Volunteer Program for volunteer services at city owned golf courses.
Section 2. Approves the benefit policy and administrative procedures as attached and presented at the August 18, 2026, City Council meeting.
RES. NO. 2026-156
PASSED AND ADOPTED this 18th day of August 2026, by the following vote:
AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
City of Fairfield Golf Course Volunteer Program
Program Schedule: KemperSports will set the schedule and number of shifts based upon operational demand and needs.
Role: Primary - serve as Ambassador for City’s golf courses with the following responsibilities:
Customer service – greet players, promote golf special events and tournaments Etiquette – assist/monitor pace of play, inform/remind players of responsibility to fill divots, raking bunkers, ball mark repair
Course Beautification – assist with trash pick-up on courses and surrounding property, and as needed, fill divots, repair ball marks
Qualification: Must be 18 years of age, maintain a valid California drivers’ license, and pass Dept of Justice background.
Selection: Interested parties a required to complete an application and successfully pass an interview (conducted jointly with KemperSports and City staff), and complete mandated City training.
Benefit Eligibility: Volunteer member is eligible for benefits after completing a full shift. Benefit is solely applicable to individual volunteer (no guest/family/friends).
Benefit: The benefits below are available to volunteers.
One (1) complimentary round of golf for every 1 shift worked (minimum 5 hours) $5 cart fee
50% discount on food and non-alcoholic beverages purchased during their shift Cost + 15% for merchandise purchase for personal use
Benefit Redemption*: Monday through Thursday and after 2pm on Friday through Sunday. *No volunteer tee-time reservations may be made in advance.
The ability to play golf is based on available tee-times on the day of play.
Standby only - daily wait list, first come-first serve as tee times are available.
Volunteers playing in an Outing, Tournament, Group Play, or any organized play with a contracted price with the golf course, will pay the contracted fee and may not utilize their complimentary round.
No guarantee made to accommodate complimentary golf.
Can play with a paying member who has an advance reservation day of.
General Coordination between City and Kemper:
City/Kemper Joint Responsibility
Recruit/advertise for up to 30 volunteers per golf course Interview volunteer candidates
Address any volunteer performance issues
Host joint meeting(s) with volunteers (orientation, annual/biannual ck in mtgs) City Responsibilities
Create updated application form and waiver form
Process/Manage verification of eligibility and DOJ background clearance process Provide additional general liability and workers’ compensation coverage for active volunteers
Ensure all volunteers are current with mandated training City manages schedule and assigns volunteers based upon Kemper’s operational needs and volunteer availability.
Schedule is forwarded to respective course’s golf staff in Pro Shop and lead volunteer as designated by KemperSports.
Kemper Responsibilities
Identify and submit City volunteer shifts based on operational needs Provide general oversight of individuals while on shift Report any performance issues to City
Maintain record of shifts served, track complimentary golf redeemed.
Ensure KemperSports staff members understand the process, protocol and proper tracking and reporting procedures for volunteer benefits Provide City monthly report of volunteer activities and benefits received Volunteer Responsibilities
Keep contact information and availability current
Remain in good standing and current with mandated training
Reports to course a minimum of 10 minutes prior to start of shift to check-in and receive general information and any special instruction
Agenda Item No: K.3
AGENDA REPORT
DATE: August 18, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-177 PW Vision for our Water Future
Adopting the Vision of Our Water Future as a Member Agency of the Association of California Water Agencies
Funding Source: N/A
Contact: Michael Hether, (707) 428-7493
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The Association of California Water Agencies (ACWA) serves the water industry and the public by providing leadership and a unified voice for California's public water agencies. Representing more than 470 public agency members, the City of Fairfield has been an ACWA member for over two decades. During this time, Fairfield Municipal Utility (FMU) staff have been actively involved with ACWA by serving on various committees, working groups and boards or both . Vision for Our Water Future is an initiative to elevate water as a top priority for California’s next governor, legislative leadership, and state officials.
DISCUSSION
On March 5, 1996, the City Council adopted Resolution No. 96 -33, authorizing participation in the ACWA to promote collaborative efforts between the City and ACWA. ACWA is the largest statewide coalition of public water agencies in the United States. As a respected leader on California water issues, ACWA is a driving force in California water policy both in Sacramento and Washington D.C. and serves as the leading voice for their member agencies. Specifically, ACWA engages in tracking and shaping state and federal water policy by advocating for sound legislation and regulation. Additionally, the association assists in facilitating cooperation and consensus among all interest groups.
On March 20, 2026, ACWA’s Board of Directors una nimously adopted the Vision for Our Water Future policy document that defines statewide water priorities to inform engagement with California’s next gubernatorial administration. With a new governor taking office in January 2027, the opportunity to elevate water as a top statewide priority is now. This member-driven initiative situates the City of Fairfield through ACWA, to be in a position of influence of the gubernatorial candidates to advance a unified policy agenda for safe, reliable, and affordable water. Vision for Our Water Future priorities will be a set of recommendations for the next governor, emphasizing the importance of strong leadership, sustainable investment and coordinated action across all levels of government to secure California’s water future.
Part of securing the City of Fairfield’s water future requires active engagement with ACWA and partnering agencies. The Vision for Our Water Future will provide an essential framework for the next administration to lead on water issues, protect affordability, deliver critical infrastructure, and modernize water management.
Key priorities include ensuring that safe and reliable water remains affordable, strengthening regulatory, operational, and scientific frameworks to support efficient project delivery, and advancing adaptive water management strategies that improve long -term resilience in the face of changing environmental and water supply conditions.
Water managers across the state are already pursuing local, practical and innovative solutions, but long term, meaningful progress requires a strong state partnership to achieve these shared goals. As a show of support, FMU staff will also send a letter of support with other me mber agencies to advance initiatives as part of the Vision for Our Water Future.
FINANCIAL IMPACT
The Water Enterprise Fund covers the annual member agency dues, along with attending semi - annual conferences. There is no financial impact on the City for Adopting the Vision of Our Water Future policy.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to adopt the resolution, but doing so would forgo the opportunity to influence water priorities that will inform and engage California’s next Administration.
COORDINATED WITH
N/A
STAFF CONTACT
Michael Hether, Assistant Public Works Director-Utilities (707) 428-7493
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Association of California Water Agencies Fact Sheet Attachment 4: Letter of Support for Vision for Our Water Future
CITY OF FAIRFIELD
RESOLUTION NO. 2026-177
ADOPTING THE VISION OF OUR WATER FUTURE AS A MEMBER AGENCY OF THE ASSOCIATION
OF CALIFORNIA WATER AGENCIES
WHEREAS, the Association of California Water Agency (ACWA) is the largest statewide coalition of public water agencies in the United States and is a respected leader on California water issues; and
WHEREAS, on March 5 , 1996, the City Council adopted Resolution No. 96 -33, authorizing participation in the ACWA to promote collaborative efforts between the City and ACWA and the City has been member for over twenty years; and
WHEREAS, the City has maintained its membership in ACWA for more than twenty years, demonstrating its longstanding commitment to regional coll aboration, sound water policy, and the sustainable management of water resources; and
WHEREAS, over the past two decades, Fairfield Municipal Utility staff have been actively involved with the State Legislative Committee, Local Government Committee and various sub-committees and working groups; and
WHEREAS, Vision for Our Water Future is an initiative to elevate water as a top priority for California’s next governor, legislative leadership, and state officials; and
WHEREAS, on March 20, 2026, ACWA’s Board of Directors unanimously adopted the Vision for Our Water Future policy document that defines statewide water priorities to inform engagement with California’s next gubernatorial administration; and
WHEREAS, Vision for Our Water Future priorities will be a set of recommendations for the next governor, emphasizing the importance of strong leadership, sustainable investment and coordinated action across all levels of government to secure California’s water future; and
WHEREAS, supporting the Vision recommendations demonstrates a unified commitment to collaborative, science -based and practic al policies that advance a secure and resilient water future for California.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council hereby expresses support for ACWA’s Vision for Our Water Future recommendations and affirms its commitment to working collaboratively to advance reliable, affordable and resilient water supplies.
RES. NO. 2026-177
Section 2. The assistant public works director-utilities is hereby authorized to do all things necessary to support ACWA’s Vision for Our Water Future.
PASSED AND ADOPTED this 18th day of August 2026, by the following vote:
AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
IT STARTS WITH A VISION
The Association of California Water Agencies’ (ACWA) Vision for Our Water Future seeks to elevate water as a top priority for California’s next governor, legislative leadership, and state officials. It provides a clear, focused framework to secure a reliable, affordable, and modern water system that supports California’s economy, communities, and environment.
BOLD LEADERSHIP
IS NEEDED NOW
State and local water suppliers are
on the front lines of California’s water
management to sustain communities,
agricultural land and economy.
Water managers across the state
are already pursuing local, practical
and innovative solutions, but long
term, meaningful progress requires
a strong state partnership to achieve
these shared goals. Bold leadership
is needed to set a unified direction,
accelerate action and deliver
results that prepare California for an
increasingly uncertain future.
WATER IS AN ESSENTIAL RESOURCE
Catastrophic wildfires, prolonged droughts, more intense storms, land subsidence, and aging infrastructure are reshaping California’s risk landscape. Meeting these challenges demands that we acknowledge the seriousness of the threat, act with urgency and intention, and work together to advance our shared priorities.
CALIFORNIA THRIVES
WITH WATER
Water is the foundation upon which California is
built. As the world’s fourth-largest economy, the
nation’s breadbasket, a global technology leader,
and home to extraordinary ecosystems, the
prosperity of the Golden State depends on safe,
resilient, and affordable water supply — now and
into the future.
KEY ELEMENTS OF A MODERN WATER SYSTEM
Designed and
upgraded for
the future
Flexible and
responsive to
changing climate
conditions
Supported by aligned
state permitting,
regulatory, & investment
frameworks
Informed by
technology,
data, & science
Grounded in long-term
affordability-term
Vision for Our Water Future is an initiative of the
Association of California Water Agencies, representing
approximately 470 public water suppliers in the state.
www.acwa.com/vision
1. LEAD ON WATER
Recognize water as an essential resource and the
infrastructure that underpins California’s economy,
housing growth, food production, environmental health,
and community resilience. Sustained executive leadership is needed to improve water supply reliability, accelerate climate resilience, and ensure coordinated action across state government.
3. DELIVER CRITICAL INFRASTRUCTURE
Future-proof California’s critical water infrastructure to ensure reliable supplies in the face of climate change, growing economic and community demands, and
escalating emergency risks. This requires strengthening the statewide water system, including both built and natural infrastructure, while advancing regional resilience to
maximize systemwide reliability.
VISION FOR
OUR WATER FUTURE
2. PROTECT AFFORDABILITY
Ensure safe and reliable water remains affordable by
strengthening sustained state investment and funding
partnerships with local, regional, and federal agencies to address rising infrastructure, climate, and regulatory costs.
California’s ratepayers fund more than 85 percent of the system. Without predictable investment, these costs will increasingly fall on households, businesses, and farmers.
4. MODERNIZE WATER MANAGEMENT
Improve California’s regulatory and operational systems so water projects can move forward reliability and efficiently, infrastructure can be operated more flexibly, and agencies can respond more rapidly to changing conditions. California’s regulatory framework should deliver clear, coordinated
decisions grounded in the best available science, while maintaining environmental protections, public transparency, and California’s existing water rights priority system.
Securing California’s water future requires more than incremental fixes — it demands a fundamental shift in how the state leads, invests, and operates. The Vision for Our Water Future provides an essential framework for our next administration to:
FAIRFIELD MUNICIPAL UTILITY
August 19, 2026
Mr. Ernie Avila, ACWA President
ACWA
980 9th Street, Ste. 1000
Sacramento, CA 95814
Dear President Avila:
On behalf of the City of Fairfield, I am writing to express our support for the Association of California Water Agencies’ (ACWA) Vision for Our Water Future initiative and its recommendations to help guide California’s water priorities under the next governor, taking office in January 2027.
Water is foundational to California’s communities, economy, agriculture, environment and climate resilience. As California faces increasing challenges from climate extremes, aging infrastructure, regulatory complexity and affordability pressures, strong statewide leadership and coordinated action on water have never been more important.
The City of Fairfield supports the Vision for Our Water Future priorities, which call on state leaders to:
Elevate water as a statewide priority through sustained leadership and coordinated action.
Ensure safe and reliable water remains affordable through stable funding partnerships and streamlined investment delivery.
Strengthen and modernize California’s water infrastructure, including both built and natural systems.
Letter to Ernie Avila, ACWA
July 30, 2026
Improve regulatory, operational and scientific frameworks to support efficient project delivery and adaptive water management.
As a local water agency, the City of Fairfield understands firsthand the importance of reliable and resilient water supplies to the people and businesses we serve. Local agencies are essential partners in implementing practical, science-based solutions that meet California’s diverse water needs.
I appreciate ACWA’s leadership in bringing together water agencies and stakeholders from across the state to advance a collaborative vision for California’s water future. The City of Fairfield looks forward to working with state leaders and regional partners to help implement policies and investments that support long-term water reliability, affordability and resilience.
Respectfully,
Michael Hether, PE
Assistant Public Works Director-Utilities
MH/kg
cc: Chelsea Haines
Ellen Martin
Agenda Item No: K.4
AGENDA REPORT
DATE: August 18, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-178 PW Authorizing Amendment #1 to the Engineering Design Services Agreement for the Lopes Road Emergency Storm Damage Repair Project
Approving Amendment #1 to the Engineering Design Services Professional Services Agreement with Dewberry Engineers for the Lopes Road Emergency Storm Damage Repair Project (CPW090069) and Authorizing the City Manager to Execute Amendment #1 on Behalf of the City of Fairfield and Authorizing an Update to the Fiscal Year 2026-2027 Budget
Funding Source: $247,500 ($219,111.75 Federal Highway Administration; $7,097.05 City of Benicia; $21,291.20; Senate Bill 1)
Contact: Bryan Heinzelman, (707) 428-7034
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
During the winter storms in 2023, the hillside along Lopes Road became saturated and caused a landslide that significantly damaged a section of Lopes Road, a City of Fairfield 30 -inch potable water pipeline, and a 36 -inch City of Benicia raw water pipeline. The City is working collaboratively with the Federal Emergency Management Agency (FEMA), Federal Highway Administration (FHWA), California Office of Emergency Services (Cal OES), and the City of Benicia to reconstruct the damaged critical infrastructure. Adoption of the proposed resolution approves Amendment #1 to the Dewberry Engineers , Inc (Dewberry) Engineering Design Professional Services Agreement to include Geotechnical Quality Assurance during construction of the Lopes Road Emergency Storm Damage Repair Project (Project). The amendment also includes FEMA and FHWA required contract provisions for reimbursement.
DISCUSSION
During the winter storms, the hillside along Lopes Road became saturated and caused a landslide that significantly damaged a section of Lopes Road, a City of Fairfield 30 -inch potable water
pipeline, and a 36-inch City of Benicia raw water pipeline. Both Cities declared local emergencies to seek assistance from the State and Federal governments. In late March 2023, Governor Newsom announced that the White House approved the State’s request for federal assistance to support local response and recovery efforts. On June 9, 2023, Solano Cou nty was added to the list of counties eligible for disaster-related assistance from Cal OES and FEMA. In August 2024, it was determined that the roadway portion of the project is ineligible for FEMA reimbursement and may be reimbursable through FHWA. An application for the roadway portion was submitted to FHWA and has been awarded.
The Cities of Fairfield and Benicia experienced water pipeline and roadway damage and share the need to repair the infrastructure and stabilize the adjacent hillside slope. On February 4, 2024, the City Council adopted Resolution No. 2024 -20 executing a Memorandum of Understanding (MOU) between both Fairfield and Benica for efficient Project delivery. Through this process, Public Works staff from each City formed a Project delivery team that meets weekly to discuss project progress. FEMA and Cal OES staff regularly attend these meetings for assistance. The team developed the MOU to memorialize cost-sharing and delivery obligations.
Additionally, on February 4, 2024, the co uncil adopted Resolution No. 2024 -21, executing a Professional Services Agreement with Dewberry for engineering services related to the Project.
The Project includes stabilization of the slope above Lopes Road using Deep Soil Mixing (DSM), removal replacement of damaged 30-inch City of Fairfield water line and 36 -inch City of Benicia water line, reconstruction of Lopes Road, striping installation and guardrail replacement. The deep soil mixing techniques used to stabilize the slope above Lopes Road require specialized geotechnical oversight requiring a Geotechnical Engineer during construction.
The proposed amendment includes Geotechnical Quality Assurance and oversight during construction of the Project as well as FEMA and FHWA required contract provisions for reimbursement.
FINANCIAL IMPACT
The cost to amend the Eng ineering Design Services Agreement with Dewberry to include geotechnical quality assurance services for the Project is $247,500, consisting of a $225,000 cost proposal and a $22,500 contingency. Accordingly, a budget adjustment in the amount of $247,500 is requested. Funding for this work will be provided through $219,111.75 from the FHWA grant, $7,097.05 from the City of Benicia, and $21,291.20 from Senate Bill 1 (Fund 163).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve Amendment No. 1; however this alternative is not recommended as it would delay construction of the Project and may potentially risk Federal grant funding for the repairs.
COORDINATED WITH
Finance Department
STAFF CONTACT
Bryan Heinzelman, Associate Engineer
(707) 428-7034
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Amendment No. 1
CITY OF FAIRFIELD
RESOLUTION NO. 2026-178
APPROVING AMENDMENT #1 TO THE ENGINEERING DESIGN SERVICES PROFESSIONAL
SERVICES AGREEMENT WITH DEWBERRY ENGINEERS FOR THE LOPES ROAD EMERGENCY STORM DAMAGE REPAIR PROJECT (CPW090069) AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1 ON BEHALF OF THE CITY OF FAIRFIELD AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2026-2027 BUDGET
WHEREAS, during the winter storms in 2023, the hillside along Lopes Road became saturated and caused a landslide that significantly damaged a section of Lopes Road, a City of Fairfield 30 -inch potable water pipeline, and a 36-inch City of Benicia raw water pipeline; and
WHEREAS, on February 4, 2024, the City Council adopted Resolution No. 2024 -20, executing a Memorandum of Understanding (MOU) between both the cities of Fairfield and Benicia for the Lopes Road Emergency Storm Damage Repair Project (Project); and
WHEREAS, on February 4, 2024, the council adopted Resolution No. 2024 -21, executing a Professional Services Agr eement with Dewberry Engineers, Inc. (Dewberry) for engineering services related to the Project; and
WHEREAS, the slope above Lopes Road requires stabilization using deep soil mixing; and
WHEREAS, deep soil mixing requires specialized geotechnical oversight during construction; and
WHEREAS, Dewberry employs technical skills to provide quality assurance during construction ; and
WHEREAS, Dewberry has provided a proposal for amendment to their service agreement to include the geotechnical oversight work during construction; and
WHEREAS, City staff recommend the council approve the amendment to the professional services agreement with Dewberry Engineers in the amount of $225,000; and
WHEREAS, funding in the amount of $247,500 was not allocated in the City’s fiscal year (FY) 2025- 2026 though 2029 -2030 Capital Improvement Plan, thus requiring a budget adjustment of $247,500 to fund the additional design costs; and
WHEREAS, the revised appropria tion constitutes an update to the FY 2026 -2027 budget approved pursuant to Resolution 2026-114; and
WHEREAS, funding for this work will be provided through $219,111.75 from the FHWA grant, $7,097.05 from the City of Benicia, and $21,291.20 from Senate Bill 1 (Fund 163).
RES. NO. 2026-178
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager or designee is authorized to execute an amendment of the professional service agreement with Dewberry Engineers for the Project in the amount of $225,000.
Section 2. The director of public works or designee is hereby authorized to execute and administer change orders for an amount not to exceed the 10% contingency of the agreement value in the amount of $22,500, bringing the total amendment amount to $247,500.
Section 3. The council hereby approves a budget adjustment of $247,500 to increase the project budget for the Lopes Road Emergency Storm Damage Repair Project (CPW090069).
Section 4. The council hereby approves for the additional design costs to be funded by the FHWA grant for $219,111.75, City of Benicia for $7,097.05 and Senate Bill 1 (Fund 163) for $21,291.20.
Section 5. The council hereby approves an increase in appropriations of $247,500 to the FY 2026- 2027 Water Capital Fund (Fund 462) for the Lopes Road Emergency Storm Damage Repair Project (CPW090069).
Section 6. The city manager or designee is hereby authorized to do all things necessary to implement the above-mentioned contract.
PASSED AND ADOPTED this 18th day of August 2026, by the following vote:
AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
1 Revised September 2024
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE
LOPES ROAD AND WATER PIPELINE RECONSTRUCTION PROJECT
On February 9, 2024 the City of Fairfield, a municipal corporation, hereinafter referred to as “CITY,” and Dewberry Engineering Inc, hereinafter referred to as “CONSULTANT,” entered into an agreement for professional design services for Lopes Road and Water Pipeline Reconstruction Project.
Based upon the need to provide quality assurance on the deep soil mixing construction work outside the scope of the agreement and incorporate FEMA & FHWA Federal contract provisions the CITY and CONSULTANT do hereby agree to amend the existing AGREEMENT FOR PROFESSIONAL SERVICES as follows:
WITNESSETH:
WHEREAS, the CITY desires to contract for quality assurance work necessary for the deep soil mixing construction for the Lopes Road and Pipeline Reconstruction Project, and for the purposes of this Agreement shall be called “PROJECT;” and
WHEREAS, the CITY desires to incorporate FEMA & FHWA Federal contract provisions into the AGREEMENT FOR PROFESSIONAL SERVICES for the PROJECT; and WHEREAS, CONSULTANT is willing to provide services for PROJECT.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein set forth, the parties do agree as follows:
1. SERVICES of the AGREEMENT shall be amended to include Exhibit A1 as provided in this Amendment.
2. PAYMENT of the AGREEMENT shall be amended as follows:
a. For those services described in the AGREEMENT, compensation shall be on a time and material basis increasing the maximum fee by TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($225,000) to a maximum fee not to exceed, ONE MILLION, FIVE HUNDRED
FIFTY-THREE THOUSAND, EIGHT HUNDRED SEVEN DOLLARS AND FOURTY-FIVE CENTS ($1,553,807.45) per the included Exhibit A1 to this Amendment.
3. SERVICES of the AGREEMENT shall be amended to include Exhibit E and Exhibit F as provided in this Amendment.
In Witness whereof, the parties through their authorized representatives, have affixed their signature.
CITY OF FAIRFIELD
a municipal corporation (CITY)
By
David Gassaway, City Manager
Dewberry Engineering Inc.
By
EXHIBIT E
ADDITIONAL FEMA CONTRACT REQUIREMENTS
1) Legal/Contractual/Administrative Remedies for Breach of Contract
On and after any Event of Default, City of Fairfield shall have the right to exercise its legal and equitable remedies, including, without limitation, the right to terminate this Agreement or to seek specific performance of all or any part of this Agreement. In addition, where applicable, City of Fairfield shall have the right (but no obligation) to cure (or cause to be cured) on behalf of Contractor any Event of Default; Contractor shall pay to City of Fairfield on demand all costs and expenses incurred by City of Fairfield in effecting such cure, with interest thereon from the date of incurrence at the maximum rate then permitted by law. City of Fairfield shall have the right to offset from any amounts due to Contractor under this Agreement or any other agreement between City of Fairfield and Contractor: (i) all damages, losses, costs or expenses incurred by City of Fairfield as a result of an Event of Default; and (ii) any liquidated damages levied upon Contractor pursuant to the terms of this Agreement; and (iii), any damages imposed by any ordinance or statute that is incorporated into this Agreement by reference, or into a ny other agreement with the City of Fairfield.
All remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The exercise of any remedy shall not preclude or in any way be deemed to waive any other remedy.
Nothing in this Agreement shall constitute a waiver or limitation of any rights that City of Fairfield may have under applicable law.
Any notice of default must be sent by registered mail to the address set forth in the agreement.
2) Termination for Cause or Convenience
This Agreement may be canceled at any time by the City of Fairfield at its discretion upon written notification to Contractor. Contractor is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. Contractor shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of City of Fairfield.
3) Clean Air Act
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
The Contractor agrees to report each violation to the City of Fairfield and understands and agrees that the City of Fairfield will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
4) Federal Water Pollution Control Act
The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
The Contractor agrees to report each violation to the City of Fairfield and understands and agrees that the City of Fairfield will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
5) Debarment and Suspension
This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by City of Fairfield . If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City of Fairfield , the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
6) Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
7) Procurement of Recovered Materials
A. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired—
i. Competitively within a timeframe providing for compliance with the contract performance schedule;
ii. Meeting contract performance requirements; or
iii. At a reasonable price.
B. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program
C. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
8) Access to Records
The following access to records requirements apply to this contract:
A. The Contractor agrees to provide the City of Fairfield , the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
In compliance with the Disaster Recovery Act of 2018, the City of Fairfield and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
9) Contract Changes or Modifications
No modification, amendment or waiver of any provision of this Agreement will in any event be effective unless it is in writing and signed by both Parties hereto.
Any notice required or permitted to be given under this Agreement shall be in writing, shall specifically refer to this Agreement, and shall be addressed to the appropriate Party at the address specified below or such other address as may be specified by such Party in writing in accordance with this Section #, and shall be deemed to have been given for all purposes (a)when received, if hand-delivered or sent by a reputable international courier service, or (b) five (5) Business Days after mailing, if mailed by first class certified or registered airmail, postage prepaid, return receipt requested.
10) DHS Seal, Logo, and Flags
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The contractor shall include this provision in any subcontracts.
11) Compliance with Federal Law, Regulations and Executive Orders
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
12) No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, o r any other party pertaining to any matter resulting from the contract.
13) Program Fraud and False or Fraudulent Statements or Related Acts
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by sec tion 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Contractor
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
Dewberry Engineers Inc
John Hoole, Vice President
08/03/2026
EXHIBIT F
ADDITIONAL FHWA CONTRACT REQUIREMENTS
All work completed for this project shall comply with Federal Highway Administration (FHWA) requirements including, but not limited to, those requirements provided in FHWA 1273 as included in this Exhibit.
1 FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non- segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
2 1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.
Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action
3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurances Required :
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b.
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
4 (1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
5 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph
6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
7 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with
8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR
5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
12 2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law
within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily
13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
14 ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
March 23, 2026
Jason Riley, P.E.
Public Works Department | City of Fairfield
1000 Webster Street
Fairfield, CA 94533
SUBJECT: GEOTECHNICAL SERVICES FO R DEEP SOIL MIXING CONSTRUCTION
Dear Mr. Riley:
As discussed, we are submitting an Amendment for additional geotechnical services to provide Quality Assurance of the Deep Soil Mixing Construction that was not part of the original Professional Design Service Agreement dated February 9, 2024. This Amendment provides the funds needed for Dewberry’s subconsultant ENGEO to complete the additional geotechnical services during construction:
1. Task 10.8 Geotechnical Quality Assurance for Deep Soil Mixing: This task covers the additional work required to provide geotechnical quality assurance for the deep soil mixing construction.
Task Budget Increase - $225,000
Given the large area that will receive the deep soil mixing and the known poor soils on-site, we believe it will be of great value to the contractor and the project overall to have ENGEO on site to perform the Quality Assurance alongside the Contractor who will be performing the Quality Control. The main benefit will be that ENGEO designed the deep soil mixing parameters, so if any variations in site conditions or unexpected results are encountered during construction, ENGEO can analyze the change in conditions in the field and compare them to their design so any modifications, if required, to the design can be expedited.
Dewberry is requesting the following budget increases:
1. Task 10.8 Geotechnical Quality Assurance for Deep Soil Mixing: $225,000 – added to the ENGEO Task 10 contract cost of $31,978.67, for a total ENGEO Task cost not-to-exceed $256,978.67.
Total Budget Increase
This Amendment will increase the total original contract amount of $1,328,807.45 to $1,553,807.45.
Summary
This amendment requests the City authorize a budget increase from the existing contract for the expanded services from $1,328,807.45 to $1,553,807.45.
For a detailed scope breakdown, please refer to the ENGEO Proposal for Geotechnical Services During Construction included with this request.
If you have any questions or would like further clarification of any of these documents, please call me at your convenience.
Sincerely,
Dewberry
Dennis Haglan, P.E.
Vice President
EXHIBIT A1
GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
COASTAL/MARINE GEOTECHNICS
751 13th Street San Francisco, CA 94130 (925) 866-9000 [email protected] www.engeo.com
Project No.
24153.000.001
February 26, 2026
Revised March 20, 2026
Mr. Levi Kinnebrew, PE
Associate, Senior Engineer
Dewberry
11060 White Rock Road, Suite 200
Rancho Cordova, CA 95670
Subject: Lopes Road and Water Pipeline Reconstruction Project Fairfield, California
PROPOSAL FOR GEOTECHNICAL SERVICES DURING CONSTRUCTION
Reference: City of Fairfield. 2025. Project Plans for Construction on Lopes Road and Water Pipeline Reconstruction (95% Submittal) . City of Fairfield and City of Benicia, Solano County, California. December 10, 2025. (34 Sheets).
Dear Mr. Kinnebrew:
We are pleased to submit this proposal to provide geotechnical testing and observation services during Deep Soil Mixing (DSM) construction activities at the Lopes Road and Water Pipeline Reconstruction project in Fairfield, California. In preparation of this proposal, we received the draft project plans (Reference 1), reviewed the draft DSM specifications and discussed the estimated schedule with you.
Our current contract includes construction support limited to attendance at project meetings, assisting with review of RFIs and submittals, and change order assistance. We understand the City of Fairfield will retain a construction management firm and mate rials testing firm to oversee the earthwork and pipeline installation; however, the City has requested that we expand our scope to provide geotechnical quality assurance services during the DSM operation.
SCOPE OF SERVICES
Our proposed scope of services and associated fees are based on our review of the draft project documents, including the provided DSM plans and specifications, as well as our understanding that DSM production will occur over an 8-week period.
Task 1 – Geotechnical Consultation Support during Bid Reviews, RFIs, Submittals
Our current contract includes limited construction support for review of RFIs, submittals, and to assist with bid reviews, as requested. Our original budget was developed with the assumption that the work would be completed within 1 year of receiving the c ontract; however, the project schedule was extended due to funding approval. The extended schedule and design alternatives evaluated resulted in the use of some of the originally allocated budget for other purposes.
Therefore, we request an increase in our existing budget for these services.
Dewberry 24153.000.001
Lopes Road and Water Pipeline Reconstruction Project February 26, 2026 PROPOSAL FOR GEOTECHNICAL SERVICES Revised March 20, 2026 DURING CONSTRUCTION Page 2
Task 2 – DSM Construction Observation
We will provide geotechnical observation during the installation of test section and production DSM elements. Although no construction schedule has been provided, we understand that DSM construction will be completed over a duration of approximately 8 weeks. We assume one ENGEO representative will perform the field observation on a full-time basis during installation of DSM and that a single drill rig will be utilized.
Task 3 – DSM Coring and Quality Assurance Testing
The project specifications mandate both quality control (QC) and quality assurance (QA) laboratory testing of the DSM elements. Quality control laboratory testing will be conducted by an approved independent testing laboratory retained by the DSM Contractor, while ENGEO will perform all quality assurance laboratory testing.
For QC purposes, the DSM Contractor will conduct daily wet -grab sampling at locations and depths selected by ENGEO. We assume t he DSM Contractor’s representative will collect the wet-grab samples, prepare the cylinder specimens, and store them for the specified field curing period at a location on site. At ENGEO’s discretion, duplicate wet -grab specimens may also be requested for QA testing.
Coring of the DSM elements is required over the full depth of the installed DSM walls according to the following minimum schedule: the first two installed walls, every other wall among the subsequent ten installed walls, and one out of every four walls thereafter.
We will provide as-needed observation of DSM element coring performed by the DSM Contractor.
An ENGEO representative will log the retrieved cores and select specimens at 5-foot intervals for QC compressive strength testing. Companion samples may be selected from the same retrieved cores for QA strength testing, at ENGEO’s discretion. Core boxes are assumed to be provided by the DSM Contractor and stored on site.
We will transport the selected wet-grab cylinders and core specimens to our in-house laboratory, where QA compressive strength testing will be performed in accordance with ASTM D1633 and the project specifications. We assume that approximately 40 compressive strength tests will be performed for quality assurance testing.
We will provide verbal notification of any laboratory compressive strength test results that may not meet specifications and prepare transmittals with laboratory compressive strength test results each week. We will prepare a final report with a summary of our observations during DSM installation and documentation of the compressive strength testing results.
FEE ESTIMATE
We will perform the proposed scope of work described below on a time -and-expense basis in accordance with our current fee schedule and with the assumption that prevailing wage will apply for the project.
Dewberry 24153.000.001
Lopes Road and Water Pipeline Reconstruction Project February 26, 2026 PROPOSAL FOR GEOTECHNICAL SERVICES Revised March 20, 2026 DURING CONSTRUCTION Page 3
For budgeting purposes of DSM construction observation and quality control services, we assume a full-time field engineer or geologist working on -site 40 hours per week over an estimated duration of 8 weeks. Our fee estimate for as -needed DSM coring observation is based on the equivalent of 4 weeks of full-time on-site presence. ENGEO does not have minimum on-site hours for site visits, but travel time and mileage beyond the time on site will be charged and is captured in the estimate below. We also prepared our fee estimate with the understanding that prevailing wage will apply to our services on site.
Table 1 provides anticipated field labor hours over 8-week construction duration for our services, and Table 2 provides an estimated fee breakdown.
TABLE 1: Field Schedule During Construction
PHASE OF WORK HOURS
DSM Production and QA Coring
Project Engineer or Geologist
(10 hours per day @ 12 weeks) 600
TABLE 2: Fee Estimate
PHASE OF WORK ESTIMATED FEE
(time-and-expense)
Task 1 - Construction Support (RFIs, Submittals, Bid Reviews) $10,000 Tasks 2 and 3 - DSM Construction Observation, Quality Assurance, and Engineering Support $215,000
TOTAL ESTIMATE $225,000
ASSUMPTIONS AND EXCLUSIONS
Shorter or longer construction schedules than assumed above would proportionately decrease or increase our fees. We made the following general assumptions and exclusions during the preparation of this proposal.
1. We assume that DSM production will occur over an 8 -week period and that DSM coring for QA purposes will occur over a 4-week period.
2. We assume construction work will be performed between regular business hours (8:00 AM to 5:00 PM). No weeknight, weekend, or holiday work is included in our proposed budgets.
3. If construction extends beyond our estimated durations, we will review our remaining budget to determine if a change order is necessary.
LIMITATIONS AND AUTHORIZATION
ENGEO's liability for damage due to professional negligence, acts, errors, omissions, breach of contract and consequential damages will be limited by Client to an amount not to exceed an aggregate limit of one million dollars or ENGEO’s fee, whichever is greater, regardless of the legal theory under which such liability is imposed.
If the above scope of services and fee are acceptable, please issue a contract for our review and acceptance. We will commence our services upon receipt of a fully executed agreement.
Dewberry 24153.000.001
Lopes Road and Water Pipeline Reconstruction Project February 26, 2026 PROPOSAL FOR GEOTECHNICAL SERVICES Revised March 20, 2026 DURING CONSTRUCTION Page 4
We look forward to serving you on this project. We look forward to further discussions about these matters.
Sincerely,
ENGEO Incorporated
Stephen Heagy Nick Broussard, GE
Project Geologist Principal
smh/nb/rhb/ca
Agenda Item No: K.5
AGENDA REPORT
DATE: August 18, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-179 PW Awarding Construction Contract for the Fiscal Year 2025- 2026 Rancho Solano Pavement Maintenance Project
Approving the Plans and Specifications and Awarding a Contract to VSS International, Inc. of West Sacramento, CA for the Fiscal Year 2025-2026 Rancho Solano Pavement Maintenance Project
Funding Source: $6,394,138; Smith Ranch District Fund
Contact: Ryan Panganiban, (707) 428-7017
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The fiscal year (FY) 2025–2026 Rancho Solano Pavement Maintenance Project ( Project) will preserve and improve pavement conditions on Rancho Solano Parkway as well as the residential streets within the Rancho Solano subdivision. The proposed Project will resurface approximately 18 total centerline miles of roadway and will be funded with Smith Ranch Assessment District funds. This resolution approves the plans and specifications and awards a construction contract to VSS International, Inc. for the Project.
DISCUSSION
On October 7, 1986, the City Council adopted Resolution No. 1986-291, declaring its intention to make acquisitions and improvements to the Smith ranch Assessment District. Subsequently, on November 18, 1986, the cou ncil adopted Resolution No. 1986-341, that the Smith Ranch Assessment District provide funding to the city for the maintenanc e of various improvements within the Rancho Solano subdivision, including pavement treatments and overlays.
The Project will apply pavement maintenance treatments on Rancho Solano Parkway and residential streets within Rancho Solano. The work includes the application of a two-layer asphalt rubber cape seal to approximately 18 centerline miles of roadway and the replacement of curb
ramps on Rancho Solano Parkway to bring them into compliance with current Americans with Disabilities Act (ADA) standards. The Project also includes the installation of Class II buffered bicycle lanes on Rancho Solano Parkway between the Rancho Solano Golf Course clubhouse and Ascot Drive in the northbound direction, and Pebble Beach Circle in the southbound direction.
The Project was originally planned as two separate pavement maintenance initiatives: one serving the residential roadways west of Rancho Solano Parkway and the other addressing the residential roadways east of Rancho Solano Parkway, including Rancho Solano Parkway itself.
Given the similarities in the scope of work, these projects were subsequently combined through value engineering to enhance cost efficiency via economies of scale and to minimize public disruption by consolidating construction activities into a single phase.
A public works inspector will be on-site throughout construction to monitor project activities and respond to any resident concerns. While B. Gale Wilson Middle School is in session, the contractor will work modified hours on Rancho Solano Park way to avoid peak traffic during student drop-off and pick-up times. Changeable Message Signs (CMS) will be placed at various locations throughout the duration of the project to provide advance notice of upcoming work and any anticipated impacts to specific areas.
Bids for the Project were received from three contractors and were opened on July 21, 2026. Bids ranged from $5,560,120 to $6,137,564.71, with the apparent low bidder being VSS International, Inc. (VSS) of West Sacramento, CA in the amount of $5, 560,120. Staff have reviewed the bid package submitted by VSS and determined that the bid was responsive and met all bid requirements. VSS, and their subcontractors, are appropriately licensed to complete the Project.
FINANCIAL IMPACT
The total Project authorization will be $6,394,138, which is the total bid amount plus a 15% contingency ($5,560,120 bid + $834,018) to accommodate adjustments in final construction quantities and additional work that may be identified during construction, including but not limited to concrete sidewalk, curb and gutter, curb ramp, striping improvements, and other roadway improvements. Funding for this work has been budgeted in the Smith Ranch District Fund (Fund 178, CPW070080 & CPW077082).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice inviting bids for this Project was advertised twice in the Daily Republic newspaper on July 12, 2026, and July 19, 2026. In addition, staff emailed a Notice Inviting Bids for the Project to all contractors who previously submitted bids to the city for similar projects. Plans and specifications were also sent via Benicia Printing Express to a total of 17 builder’s exchanges in the State of California covering the area from Redding to San Jose and Stockton to Santa Rosa. A total of three contractors purchased bid documents for this Project.
ALTERNATIVE ACTION
The council may choose not to award the contract, reject all bids and restart the bid process.
However, this would result in a significant delay in the construction schedule.
COORDINATED WITH
N/A
STAFF CONTACT
Pavan Prasad, Junior Engineer
(707) 428-7431
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Bid Results
CITY OF FAIRFIELD
RESOLUTION NO. 2026-179
APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO VSS INTERNATIONAL, INC., FOR THE FISCAL YEAR 2025-2026 RANCHO SOLANO PAVEMENT
MAINTENANCE PROJECT
WHEREAS, the fiscal year (FY) 2025 -2026 Rancho Solano Pavement Maintenance Project (Project) proposes to perform pavement maintenance in the Rancho Solano subdivision, including Rancho Solano Parkway and residential roadways; and
WHEREAS, the bid opening for the (Project) took place on July 21, 2026; and
WHEREAS, the apparent low bidder was VSS International, Inc., of West Sacramento, CA in the amount of $5,560,120; and
WHEREAS, staff has reviewed the bid documents from VSS International, Inc., and found them to be in order; and
WHEREAS, staff is recommending that the City Council award the contract to VSS International, Inc., as the lowest responsive and responsible bidder in the amount of $5,560,120.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The plans and specifications for the Project are hereby approved.
Section 2. The city manager is authorized to enter into a contract with VSS International, Inc., for the Project in the amount of $5,560,120.
Section 3. The public works director is hereby authorized to execute and administer change orders for an amount not -to-exceed 15% ($834,018) of the above contract amount. The total Project authorization will be $6,394,138, which is the total bid amount plus a 15% con tingency ($5,560,120 bid + $834,018 = $6,394,138).
Section 4. The city manager is authorized to enter into an escrow agreement for security deposits in lieu of retention for said contract, if necessary.
Section 5. The city manager is hereby authorized to implement the above -mentioned contract and escrow agreement.
RES. NO. 2026-179
PASSED AND ADOPTED this 18th day of August 2026, by the following vote:
AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
City of Fairfield
Public Works Department
CPW070080 / CPW077082 FY2025-2026 RANCHO
SOLANO PAVEMENT MAINTENANCE PROJECT
NAME OF PROJECT
July 21, 2026 2:00 p.m.
DATE OF BID
NO. BIDDER AMOUNT
1 VSS International, West
Sacramento, CA $5,560,120.00
2 American Pavement Systems,
Inc, Modesto, CA $5,829,435.10
3 Pavement Coatings, Co
Sacramento, CA $6,137,564.71
Engineer’s Estimate $7,135,500.00
Note: This bid summary shows the bids in order as opened but is not a determination of award, responsiveness, or responsibility of bids received. The values computed are values based on staff’s interpretation of the bids, correction of mathematical errors and assumptions made where ambiguous and/or illegible entries are encountered during the review process
Agenda Item No: L.1
AGENDA REPORT
DATE: August 18, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-180 FD Firefighter Overhire
Authorizing the Addition of Nine Firefighter/Paramedic Overhire Positions and an Update to the Fiscal Year 2026-2027 Budget
Funding Source: $1,210,313; General Fund
Contact: John Sturdee, (707) 436-7228
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The Fire Department request s approval to add nine firefighter/paramedic positions to the Fire Department's authorized staffing. These positions will serve as extra staffing to provide coverage for up to three daily vacancies without requiring backfill overtime and will not be included in the Department's minimum staffing requirements.
DISCUSSION
The Fire Department currently operates under a constant staffing model that relies upon mandatory overtime to meet minimum staffing levels and ensure uninterrupted emergency response. The Department averages approximately 4.5 daily vacancies due to scheduled leave, training, injury, and other absences . These daily vacancies require firefighters to routinely work beyond their assigned 48 -hour shifts and necessitate overtime . While overtime is an essential staffing tool, the Department's increasing reliance on mandatory overtime has contributed to employee fatigue, burnout, higher injury rates, and increased operational costs.
To reduce reliance on mandatory overtime, staff request s authorization to add nine firefighter/paramedic positions, equivalent to three additional personnel assigned to each shift.
These positions will serve as overhire staffing and will not increa se the Department's minimum staffing requirements. Instead, they will provide coverage for routine daily vacancies, creating a
more sustainable staffing model that enhances emergency response readiness, improves operational resilience, supports firefighter health and wellness, helps recruit and retain a healthy workforce, and has proven to reduce overtime in other departments.
FINANCIAL IMPACT
Fire Department overtime expenditures ha ve exceeded the adopted budget by more than $1 million annually for the past six fiscal years, placing continued pressure on the General Fund. The primary drivers are increased occupational injuries and the need to maintain minimum staffing through mandatory overtime. Staff recommends the addition of nine firefighter/paramedic relief positions to reduce reliance on mandatory overtime.
The estimated first-year cost is $1,210,313 . However, the proposed staffing model is projected to result in net ongoing savi ngs beginning in fiscal year (FY) 20 28 of approximately $100,000 annually through reduced overtime expenditures (10155200).
FY 2027 Cost Breakdown
Salary & Benefits* (9 Firefighters for 5.5 months) $940,913 Background / Psych / Medical Exam $54,000
Initial Outfitting / Initial Turnout Set $61,200
2nd Turnout Set $34,200
Academy $120,000
Total FY27 $1,210,313
*Does not include any impact to future Memorandum of Understanding agreements
First-year start -up costs include recruitment, background, outfitting, and academy time.
Additional long -term fiscal benefits are also anticipated through reduced injury -related costs, improved employee health and wellness, and a more sustainable staffing model. The recruitment of lateral firefighters may further reduce startup costs if market interest exists.
These costs were not accounted for in the FY 2026-2027 adopted budget. Therefore, a budget amendment is required to authorize an increase in appropriations of $1,210,313 to the General Fund (Fund 101) in the Fire Department.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose not to adopt the resolution. However, the cycle of reliance on overtime to meet minimum staffing will continue.
COORDINATED WITH
Finance Department, City Manager’s Office, and Human Resources Department
STAFF CONTACT
Taylor Armour, Fire Administration Division Manager
(707) 428-7593
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
CITY OF FAIRFIELD
RESOLUTION NO. 2026-180
AUTHORIZING THE ADDITION OF NINE FIREFIGHTER/PARAMEDIC OVERHIRE POSITIONS AND AN UPDATE TO THE FISCAL YEAR 2026-2027 BUDGET
WHEREAS, the Fire Department relies on mandatory overtime to augment minimum staffing level requirements and currently averages 4.5 vacancies per day; and
WHEREAS, the Fire Department’s reliance on overtime has contributed to a cycle of employee fatigue, burnout, higher injury rates, and operational costs; and
WHEREAS, the Fire Department is requesting authorization to add nine firefighter/paramedic positions, equivalent to three additional personnel assigned to each shift to provide relief staffing and mitigate overtime demands; and
WHEREAS, the nine firefighter/paramedic positions will not increase minimum daily staffing and will instead provide coverage for routine daily vacancies, creating a more sustainable staffing model that enhances emergency response readiness, improves operational resilience, supports firefighter health and wellness and helps recruit and retain a healthy workforce; and
WHEREAS, the cost of implementation in fiscal year (FY) 2027 is approximately $1,210,313 and the proposed staffing model is projected to yield an estimated $100,000 in net ongoing savings annually beginning in FY 2028 as a result of reduced overtime expenditures as well as additional long-term benefits through reduced injury -related costs, improved employee health and wellness, and a more sustainable staffing model; and
WHEREAS, a budget adjustment to increase appropriations of $1,210,313 in the General Fund (Fund 101) for the associated costs of adding of nine firefighter/paramedics; and
WHEREAS, the revised appropriation constitutes an update to the FY 2026 -2027 budget approved pursuant to Resolution No. 2026-114.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City Council authorizes an amendment to the FY 2027 Fire Department position control, adding nine firefighter/paramedics.
Section 2. The council authorizes a budget amendment to the Fire Department in FY 2027 of $1,210,313 to account for all associated compensation, recruitment, background, outfitting, and academy costs required to prepare the new hires for shift assignment.
RES. NO. 2026-180
Section 3. The council hereby approves an increase in appropriations of $1,210,313 in the General Fund (Fund 101).
Section 4. The council hereby authorizes the city manager or designee to take all steps necessary and proper to implement this resolution.
PASSED AND ADOPTED this 18th day of August 2026, by the following vote:
AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK