CITY COUNCIL
Alma Hernandez, Mayor
Jenalee Dawson, Mayor Pro Tem
Amit Pal, Councilmember
Parise Shepherd, Councilmember
Princess Washington, Councilmember
CITY COUNCIL MEETING
A G E N D A
SPECIAL MEETING OF THE SUISUN CITY COUNCIL
TUESDAY, JUNE 23, 2026
6:00 PM
Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California
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6:00 P.M. (
or immediately following the Regular Meeting of the City Council )
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(Next City Council Res. No. 2026 – 80)
ROLL CALL
Council Members
CONFLICT OF INTEREST NOTIFICATION
(Any items on this agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.)
PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair.
Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By 1 1.
City Council Adoption of Resolution No. 2026-____: Electing, Pursuant to Public Contract Code Section 2501, Not to Require a Project Labor Agreement for the Police Department Emergency Roof and Parapet Repair Project (Pro-Ex Construction, Inc) - (Vue: [email protected]). law, no prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)
COUNCIL COMMENTS
REPORTS: (Informational items only)
GENERAL BUSINESS
ADJOURNMENT
Public Access To Agenda Documents
A complete packet of information containing staff reports and exhibits related to each item for the open session of this meeting, and provided to the City Council, are available for public review at least 72 hours prior to a Council /Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The city may charge photocopying charges for requested copies of such documents. To the extent feasible, the agenda packet is available for online public viewing on the City’s website:
https://www.suisun.com/Government/City-Council/Agendas
The City Council/Agency/Authority hopes to conclude its public business by 10:00 p.m. No new items will be taken up after 10:00 p.m., unless so moved by a majority of the City Council, and any items remaining will be agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed.
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Decorum
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Ordinances
Ordinances are city laws contained in the Suisun City Municipal Code. Enacting a new city law or changing an existing one is a two-step process. Government Code 36934 provides, except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage.
Certification of Posting
Agendas for regular and special meetings are posted in accordance with the Brown Act at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including:
Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; Joe Nelson Center, 611 Village Drive, Suisun City, CA;
2 Harbor Master Office, 800 Kellogg Street, Suisun City, CA.
I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda was posted and available for review, in compliance with the Brown Act. 3 AGENDA TRANSMITTAL
MEETING DATE: June 23, 2026 - Special Meeting
AGENDA ITEM: City Council Adoption of Resolution No. 2026-____: Electing, Pursuant to Public Contract Code Section 2501, Not to Require a Project Labor Agreement for the Police Department Emergency Roof and Parapet Repair Project (Pro-Ex Construction, Inc.
FISCAL IMPACT: There is no additional fiscal impact associated with this action. The Police Department Emergency Roof and Parapet Repair Project was previously authorized by Resolution No. 2026-73 in a not-to- exceed contract amount of $687,388, funded by State Funds (175-2428). No additional appropriation is required.
STRATEGIC PLAN: Sustainability and Stewardship
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BACKGROUND: On June 16, 2026, the City Council adopted Resolution No. 2026-73 by a four-fifths vote, declaring an emergency and authorizing the immediate repair and replacement of the Police Department Building roof (Roof A) and associated parapet walls without competitive bidding, pursuant to Public Contract Code Sections 22035 and 22050 and Suisun City Municipal Code Section 3.36.060(A). The Council found that ongoing water intrusion, extensive dry rot to the parapet walls, a failed roofing membrane, and an open roof ridge posed a clear and imminent danger to City property and the health and safety of Police Department personnel.
The City solicited and received a proposal from Pro-Ex Construction, Inc. ("Pro-Ex"), a licensed general contractor (License No. 959719; DIR No. 1000015770) with prior experience on City facilities, including the 2025 City Hall Water Damage Remediation Project. The contract amount is $687,388.
On August 20, 2024, the City Council adopted Resolution No. 2024 -125, approving a Project Labor Agreement ("PLA") with the Napa -Solano Building and Construction Trades Council for City capital improvement projects where the engineer's estimate or cumulative bid amount exceeds $200,000. The PLA was subsequently entered into on December 2, 2024, and was amended by Amendment No. 1 to confirm its application to all covered projects.
STAFF REPORT: Following the issuance of the Notice of Award and construction contract to Pro-Ex on June 17, 2026, City staff identified that the PLA and the requirement that contractors execute the Agreement to be Bound (Addendum A) had not been included in or disclosed as part of the solicitation or Notice of Award to Pro-Ex.
Upon being informed of the PLA requirement, Pro -Ex notified the City on June 22, 2026, that it is a non -union contractor that cannot comply with the PLA's requirement to utilize union hiring halls and execute the Agreement to be Bound, and that it would have reconsidered its decision to bid had it been informed of the PLA requirement in advance.
The City Attorney has reviewed the applicable legal authorities, including Public Contract Code Section 2501, and the terms of the City's PLA. That review identified the following:
• The PLA applies to this Project. At $687,388, the contract amount exceeds the PLA's $200,000 threshold. The PLA contains no exemption for projects procured on an emergency basis under Public Contract Code Section 22050.
4 • The PLA was not disclosed in the solicitation. Section 2.5 of the PLA requires that the PLA be included in all invitations to bid or solicitations for proposals. It was not included in the solicitation to Pro-Ex. Pro-Ex has stated it cannot comply with the PLA as a non-union contractor and would have reconsidered bidding had the PLA requirement been disclosed. • The City Council has authority to exempt this Project. Public Contract Code Section 2501 expressly authorizes the members of the governing board of a local public entity to choose by majority vote whether to require contractors to enter into a project labor agreement for a specific project or projects.
The City Attorney recommends that the City Council exercise its authority under Public Contract Code Section 2501 to elect not to require PLA compliance for this specific Project. The following factors support this determination:
• The Project was procured on an emergency basis without competitive bidding. The PLA's central purposes — promoting labor harmony on large-scale, complex, multi-contractor, long-duration capital improvement projects — are not implicated by this single-trade, short-duration emergency roof repair. • The PLA requirement was not disclosed to Pro-Ex prior to award. Requiring PLA compliance after award, when it was not a disclosed condition of the solicitation, is not equitable and creates legal exposure for the City.
• Pro-Ex cannot comply with the PLA as a non-union contractor. Requiring compliance would effectively void the award and require re-procurement, causing further delay to an emergency repair that is needed to protect the Police Department facility, essential public safety operations, and City personnel. • All other contract requirements remain in full force. Pro-Ex and its subcontractors will continue to be bound by all applicable prevailing wage requirements under Labor Code Section 1720 et seq., DIR registration, bonding, insurance, and all other contract terms.
Adoption of the proposed resolution will authorize the City Manager to execute the construction contract with Pro- Ex and proceed with the emergency roof repair without further delay. The City Manager will provide written notice of the Council's action to the Napa-Solano Building and Construction Trades Council promptly following adoption.
STAFF RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2026-____:
Electing, Pursuant to Public Contract Code Section 2501, Not to Require a Project Labor Agreement for the Police Department Emergency Roof and Parapet Repair Project (Pro-Ex Construction, Inc.; Contract No. 2026-___).
Agenda Item and Staff Recommendation are generally the same.
DOCUMENTS ATTACHED:
Attachments provided in the following order:
Resolution No. 2026-____ (PLA Waiver — Police Department Emergency Roof and Parapet Repair)
2. Resolution No. 2024-125 (Project Labor Agreement — August 20, 2024)
3. Project Labor Agreement and Amendment No. 1
4. Resolution No. 2026-73 (Emergency Declaration — June 16, 2026)
5. Pro-Ex Construction, Inc. — Email Correspondence re: PLA (June 22, 2026)
PREPARED BY: Patrick Enright, City
Attorney, Richards Watson Gershon
5 REVIEWED BY: Nouae Vue, Public
Works Director
APPROVED BY: Bret Prebula, City
Manager
6 RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY ELECTING, PURSUANT TO PUBLIC CONTRACT CODE SECTION 2501,
NOT TO REQUIRE A PROJECT LABOR AGREEMENT FOR THE
POLICE DEPARTMENT EMERGENCY ROOF AND PARAPET REPAIR PROJECT (PRO-EX CONSTRUCTION, INC.; CONTRACT NO. 2026-___)
WHEREAS, on August 20, 2024, the City Council adopted Resolution No. 2024 -125, approving a Project Labor Agreement ("PLA") for City capital improvement projects where the engineer's estimate or the actual cumulative bid amount exceeds $200,000, as authorized by Public Contract Code Section 2501 and consistent with the taxpayer protection provisions of Public Contract Code Section 2500; and
WHEREAS, the PLA was entered into between the City of Suisun City, the Napa-Solano Building and Construction Trades Council, and the affiliated local Unions on December 2, 2024, and was subsequently amended by Amendment No. 1, which confirmed that the City Council has chosen to require the PLA for all covered projects as defined therein; and WHEREAS, on June 16, 2026, the City Council adopted Resolution No. 2026 -73 by a four-fifths vote, pursuant to Public Contract Code Sections 22035 and 22050 and Suisun City Municipal Code Section 3.36.060(A), declaring an emergency and a uthorizing the immediate repair and replacement of the Police Department Building roof (Roof A) and associated parapet walls without competitive bidding, finding that the emergency would not permit delay resulting from a competitive solicitation for bids and that immediate action was necessary to protect public safety; and
WHEREAS, following the emergency declaration, the City solicited and received a proposal from Pro -Ex Construction, Inc. ("Pro -Ex"), a licensed general contractor (License No. 959719; DIR No. 1000015770), for the Police Department Emergency Roof and Parapet Repair Project (the "Project"), at a total not-to-exceed contract amount of $687,388; and WHEREAS, the Notice of Award and construction contract were issued to Pro-Ex on June 17, 2026; t he PLA and the requirement that contractors execute the Agreement to be Bound (Addendum A) were not included in or disclosed as part of the solicitation or Notice of Award to Pro-Ex; and
WHEREAS, upon being informed of the PLA requirement after receipt of the Notice of Award, Pro-Ex notified the City on June 22, 2026, that it is a non -union contractor, that it cannot comply with the PLA's requirement to utilize union hiring halls and execute the Agreement to be Bound, and that it would have reconsidered its decision to pursue and submit a proposal for this Project had it been informed of the PLA requirement in advance; and WHEREAS, the Project was procured on an emergency basis without competitive bidding; the PLA's purposes of promoting labor harmony on com plex, multi -contractor, long - duration capital improvement projects are not implicated by this single -trade, short -duration emergency roof repair; and
7 WHEREAS, the City Council finds that requiring PLA compliance on this Project as a condition of contract award is not practicable given the emergency circumstances, the absence of PLA disclosure in the solicitation, Pro-Ex's inability to comply as a non-union contractor, and the urgent need to complete the roof repair without delay to protect the Police Depart ment facility, operations, and public safety; and
WHEREAS, Public Contract Code Section 2501 expressly authorizes the members of the governing board of a local public entity to choose by majority vote whether to require contractors to enter into a project labor agreement for a specific project; and WHEREAS, the City Council finds that it is in the public interest to elect not to require PLA compliance for this specific Project, and that all other terms and conditions of the construction contract, including compliance with prevailing wage requirements under Labor Code Section 1720 et seq., bonding, and insurance obligations, shall remain in full force and effect; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Suisun City as follows:
1. Findings Incorporated. The City Council hereby finds and determines that the foregoing recitals are true and correct and are incorporated herein by this reference.
2. Election Under Public Contract Code Section 2501. Pursuant to the authority granted by Public Contract Code Section 2501, the City Council hereby elects, by majority vote, not to require Pro- Ex Construction, Inc., or any of its subcontractors, to enter into or comply with the City's Project Labor Agreement (Resolution No. 2024-125, as amended by Amendment No. 1) as a condition of performing work on the Police Department Emergency Roof and Parapet Repair Project.
3. Contract Authorized. The City Manager or designee is hereby authorized and directed to execute the construction contract with Pro -Ex Construction, Inc. for the Police Department Emergency Roof and Parapet Repair Project in a total not -to-exceed amount of $687,388, consistent with Resolution No. 2026-73.
4. Prevailing Wage and Other Requirements. Notwithstanding the election set forth in Section 2 above, Pro-Ex Construction, Inc. and all subcontractors shall comply in full with all applicable prevailing wage requirements under Labor Code Section 1720 et seq., DIR registration requirements, bonding, insurance, and all other terms and conditions of the construction contract.
5. Notice to Trades Council. The City Manager or designee is directed to provide written notice of this Resolution to the Napa -Solano Building and Construction Trades Council promptly following adoption.
6. Effective Date. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED at a Special Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 23rd day of June 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
8 ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 23rd day of June 2026.
_________________________________________
Mayor, City of Suisun City
_________________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________________
Patrick Enright, City Attorney
Richards Watson Gershon
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31 1
City of Suisun City
Project Labor Agreement
Amendment No. 1
CITY OF SUISUN CITY
PROJECT LABOR AGREEMENT
AMENDMENT NO. 1
WHEREAS, a Project Labor Agreement (“Agreement”) was entered into on December 2, 2024 by and between the City of Suisun City (“City”), the Napo-Solano Building and Construction Trades Council (“Council”), and the local Unions that execute the Agreement (“Unions”), which required all Contractors/Employers as defined therein to become signatory to the Agreement by executing an “Agreement to be Bound”; and
WHEREAS, the Agreement was intended to promote the efficiency of construction operations for the City and promote the public interest in timely and economical completion of public works projects constructed pursuant to the Agreement; and
WHEREAS, the City has continued to experience positive benefits from the Agreement and from an ongoing relationship with the Council and the Unions; and WHEREAS, the parties have determined it is necessary to amend Article II, Section 2.2 of the Agreement in order to clarify its applicability.
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN AND AMONG THE PARTIES TO AMEND THE AGREEMENT AS FOLLOWS:
1) Article II, Section 2.2 of the Agreement is hereby amended and fully restated as follows:
2.2 This Agreement governs all Construction Contracts awarded on the Project. For purposes of this Agreement, Construction Contracts shall be considered Completed as set forth in Section 1.4, except when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list work under a Construction Contract or when a Contractor performs work under a change order for a Construction Contract.
Consistent with California Public Contract Code section 2500(a), this Agreement permits all qualified contractors and subcontractors to bid for and be awarded work on the project without regard to whether they are otherwise parties to collective bargaining agreements. Additionally, consistent with California Public Contract Code section 2501, the City Council has chosen by majority vote to use, enter into, or require contractors to enter into this Agreement which includes all the taxpayer protection provisions of California Public Contract Code section 2500 for all Projects awarded by the City as defined herein.
2) Other than as explicitly set forth herein, this Amendment No. 1 shall make no other changes, modifications, additions, or deletions to the Agreement. 32 2
City of Suisun City
Project Labor Agreement
Amendment No. 1
3) This Amendment No. 1 shall be attached to and included with the Agreement for all intents and purposes, including all bid solicitations or similar documents issued by the City, and shall continue in full force and effect until completion of the Project(s) as defined in the Agreement.
4) This Amendment No. 1 shall become effective when the City’s governing board ratifies this Amendment No. 1 and it is executed by the City and the Council.
Dated: ____________________ CITY OF SUISUN CITY
_______________________________________
Name:
Title:
Dated: ____________________ NAPA-SOLANO BUILDING AND
CONSTRUCTION TRADES COUNCIL
_______________________________________
Danny Bernardini, Secretary-Treasurer
133901\1552820
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CITY OF SUISUN CITY
CONTRACT SERVICES AGREEMENT FOR
Police Department Emergency Roof and Parapet Repair
(Resolution No. 2026 – xxx)
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”), is made and entered into this 17th day of June 2026, by and between the CITY OF SUISUN CITY, a municipal corporation, (herein “City”) and Pro-Ex Construct ion, Inc. (herein “Contractor”) . The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the applicable standard of care for professionals providing similar services under similar circumstances in performing the work and services required hereunder.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are 34 Police Dept Emergency Roof and Parapet
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necessary for the Contractor’s performance of the services required by this Agreement, and are typical of services Contractors provide, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Contract, Contractor warrants that Contractor (a) has reasonably investigated and considered the scope of services to be performed, (b) has reasonably considered how the services should be performed, and (c) reasonably understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be reasonably acquainted with the conditions there existing that are within Contractor’s scope of work and would be apparent to any contractor providing services similar to those provided by Contractor, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No su ch extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subjec t to the written approval of the Contractor. Any increase in compensation that brings the total cost of the contract to less than $25,000 may be approved by the Contract Officer. Any increases that bring the total cost of the contract to $25,000 or more, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Sect ion shall not apply to services specifically set forth in the Scope of Services or reasonably contempla ted therein. Contractor 35 Police Dept Emergency Roof and Parapet
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hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
2.0 COMPENSATION
2.1 Contract Sum.
For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of Six- Hundred Eighty-Seven Thousand Three-Hundred Eighty-Eight ($687,388.00) (herein “Contract Sum”), except as provided in Section 1.8. The meth od of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and n ecessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.
2.2 Method of Payments.
Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1st) working day of such month, Contractor shall submit to the City in the form approved by the City’s Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement. 36 Police Dept Emergency Roof and Parapet
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3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D”, if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of th e Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreeme nt. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor.
The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Vadim Chernyy
Pro-Ex Construction, Inc.
3223 Luyung Dr
Rancho Cordova, CA 95742
916-970-0097
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. 37 Police Dept Emergency Roof and Parapet
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Contract Officer.
The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contrac tor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, w hether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved tr ansfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selec tion, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or empl oyees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a member of any joint enterprise with Contractor. 38 Police Dept Emergency Roof and Parapet
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5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance . A policy of comprehensive general liability insurance written on a per occurrence basis. If the Contract Sum is $25,000.00 or less, the policy of insurance shall be written in an amount not less than either (i) a combined single limit of $500,000.00 or (ii) bodily injury limits of $250,000.00 per person, $500,000.00 per occurrence and $500,000.00 products and completed operations and property damage limits of $100,000.00 per occurrence and $100,000.00 in the aggre gate. If the Contract Sum is greater than $25,000.00 but less than or equal to $100,000.00, the policy of insurance shall be in an amount not less than either (i) a combined single limit of $1,000,000.00 for bodily injury, death and property damage or (ii ) bodily injury limits of $500,000.00 per person, $1,000,000.00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of $500,000.00 per occurrence and $500,000.00 in the aggregate. If the Contract Sum is greater than $100,000.00, the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit.
(b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage a rising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance . A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250,000.00 per person and $500,000.00 per occurrence and property damage liability limits of $100,000.00 per occurrence and $250,000.00 in the aggregate or (ii) combined single limit liability of $500,000.00. Said policy shall include coverage for owned, non- owned, leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including professional liability insurance, as may be required in the Special Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its offi cers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section
5.1 to the Contract Officer. No work or services under this Agreement shall comme nce until the 39 Police Dept Emergency Roof and Parapet
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Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN.
[to be initialed] ______________
Agent Initials
The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s act ivities or the activities of any person or persons for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.3 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that th e Contractor is required to maintain pursuant to this Section 5.1.
5.2 Indemnification.
Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, or liabilities, (herein “claims or liabilities”) to the extent arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arisi ng from the negligent acts or omissions of Contractor hereunder, or arising from Contractor’s negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or 40 Police Dept Emergency Roof and Parapet
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activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to per form the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, in cluding but not limited to, legal costs and attorneys’ fees.
5.3 Performance Bond.
Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such req uirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety.
Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, an d only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City (“Risk Manager”) reasonably determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager.
6.0 RECORDS AND REPORTS
6.1 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease t he cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the 41 Police Dept Emergency Roof and Parapet
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estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.2 Records.
Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
6.3 Ownership of Documents.
All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereund er. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
6.4 Release of Documents.
The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law.
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agr eement shall be instituted in the Superior Court of the County of Solano, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
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7.2 Disputes.
In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; pro vided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s or the Contractor’s right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor any amounts the payment of which may be in dispute hereunder . The failure of the City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect the City as elsewhere provided herein.
7.4 Waiver.
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
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7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination without cause , the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination without cause, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set -off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be grante d, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not su ch action is prosecuted to judgment.
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8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial i nterest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, r eligion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF SUISUN CITY, 701 CIVIC CENTER BLVD., CA 94585, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
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9.3 Integration; Amendment.
It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
9.4 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.5 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreeme nt, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
CITY:
CITY OF SUISUN CITY
a municipal corporation
Bret Prebula, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
RICHARDS WATSON GERSHON
City Attorney
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
Address:
[END OF SIGNATURES]
47 Police Dept Emergency Roof and Parapet
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EXHIBIT “A”
SCOPE OF SERVICES
48 CL #959719
B, C-33, C-39
DIR# 10000015770
CERTIFIED SB # 2000579
EPA#NAT-F15366-1
[email protected]
UEI# CHKFXFCX1QS9
CAGE/NCAGE# 9REQ8
PROPOSAL
PROJECT: Suisun City Hall Roof Repairs
PROJECT NO: N/A
DATE: 4/1/2026
TO: City of Suisun, Gemma Gulez
EMAIL: [email protected]
ADDENDUM NOTED: N/A
Roof A:
Roof B:
Roof C:
PROPOSAL
BASE BID: (INCLUDES LABOR , MATERIALS & EQUIPMENT)
- Demolition of all existing asbestos containing roofing - new underlayment
- New metal flashings/drip edges as needed
- Install new roofing
- Parapet wall all siding demo and install new siding flasing and trim - Prime and paint parapet siding and trims
- Roof protection during construction
EXCLUDES:
SPECIAL CONDITIONS:
ANY ALTERATION OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING EXTRA COST OF MATERIAL OR LABOR WIL BECOME AN EXTRA CHARGE OVER THE SUM MENTIONED IN THIS PROPOSAL.
ACCEPTANCE OF PROPOSAL: THIS PROPOSAL SHALL BECOME AN ADDENDUM TO A PART OF SAID CONTRACT.
THIS PROPOSAL IS GOOD FOR A PERIOD OF 60 DAYS.
RESPECTFULLY SUBMITTED BY,
PAVEL CHERNYY
PRESIDENT
$687,388
$270,343
$478,036
49 Roof B
3,323.9 sf
- Roof A (PD ROOF and
associated parapet walls)
- Roof B (City Hall South Roof
and associated parapet walls)
- Roof C (City Hall North Roof
and associated parapet walls)
Roof C
5,988.83 sf
Roof A
8,703.67 sf
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EXHIBIT “B”
SPECIAL REQUIREMENTS
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
(See next page.)
52 CL #959719
B, C-33, C-39
DIR# 10000015770
CERTIFIED SB # 2000579
EPA#NAT-F15366-1
[email protected]
UEI# CHKFXFCX1QS9
CAGE/NCAGE# 9REQ8
PROPOSAL
PROJECT: Suisun City Hall Roof Repairs
PROJECT NO: N/A
DATE: 4/1/2026
TO: City of Suisun, Gemma Gulez
EMAIL: [email protected]
ADDENDUM NOTED: N/A
Roof A:
Roof B:
Roof C:
PROPOSAL
BASE BID: (INCLUDES LABOR , MATERIALS & EQUIPMENT)
- Demolition of all existing asbestos containing roofing - new underlayment
- New metal flashings/drip edges as needed
- Install new roofing
- Parapet wall all siding demo and install new siding flasing and trim - Prime and paint parapet siding and trims
- Roof protection during construction
EXCLUDES:
SPECIAL CONDITIONS:
ANY ALTERATION OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING EXTRA COST OF MATERIAL OR LABOR WIL BECOME AN EXTRA CHARGE OVER THE SUM MENTIONED IN THIS PROPOSAL.
ACCEPTANCE OF PROPOSAL: THIS PROPOSAL SHALL BECOME AN ADDENDUM TO A PART OF SAID CONTRACT.
THIS PROPOSAL IS GOOD FOR A PERIOD OF 60 DAYS.
RESPECTFULLY SUBMITTED BY,
PAVEL CHERNYY
PRESIDENT
$687,388
$270,343
$478,036
53 Police Dept Emergency Roof and Parapet
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
.
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EXHIBIT “E”
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.
B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor 55 Police Dept Emergency Roof and Parapet
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in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not ex cusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed i n performance of the services described in Exhibit A. Each payroll record shall contain or be verifie d by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
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2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
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