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
REGULAR MEETING OF THE SUISUN CITY COUNCIL,
SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,
AND SUISUN CITY HOUSING AUTHORITY
TUESDAY, OCTOBER 20, 2026
5:00 PM
Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California
.
5:00 P.M. CLOSED SESSION
6:00 P.M. REGULAR MEETING
MEETINGS ARE HELD IN-PERSON, PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM
ZOOM MEETING INFORMATION:
WEBSITE: https://zoom.us/join
MEETING ID:
875 2179 9064
CALL IN PHONE NUMBER: (707) 438-1720
REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 4 PM), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438-1720
(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.) (Next Ord. No. – 830)
(Next City Council Res. No. 2026 – 111)
Next Suisun City Council Acting as Successor Agency Res. No. SA2026 - 06) (Next Housing Authority Res. No. HA2026 – 07)
6:00 P.M CLOSED SESSION
CALL TO ORDER
Mayor Hernandez
ROLL CALL
Council / Board Members
1 1.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of case: Larry Williams III v. City of Suisun City, et al., Solano County Superior Court Case No. CU25-08849
2. CONFERENCE WITH LABOR NEGOTIATORS
A Closed Session will be held, Pursuant to Government Code Section 54957.6, to Conduct Labor Negotiations among:
Agency Designated Representatives: Bret Prebula, City Manager Employee Organization:
SCEA (Suisun City Employees' Association);
SCPOA (Suisun City Police Officers Association);
SCPFA (Suisun City Professional Firefighters' Association); SCMPEA (Suisun City Management and Professional Employees' Association); Unrepresented Employees;
Temporary/Part-Time Employees.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Solano-Napa Professional Firefighters, International Association of Firefighters, Local 1186, and Aaron Leming v. City of Suisun City, Public Employment Relations Board Case No. SF-CE-2458-M
CONFLICT OF INTEREST NOTIFICATION
(Any items on the closed session agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.)
PUBLIC COMMENT CLOSED SESSION
(In accordance with Section 54954.3(a)(1), public comments are limited to items on this closed session agenda, and 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 law, no prolonged discussion or action may be taken on any item raised during the comment period. A speaker using a translator shall be allowed at least twice the alloted time.)
CLOSED SESSION
Pursuant to California Government Code Section 54950 the Suisun City Council will hold a Closed Session for the Purpose of:
RECESS TO CLOSED SESSION (City Manager Conference Room, City Hall)
6:00 RECONVENE OPEN SESSION
CALL TO ORDER
Mayor Hernandez
ROLL CALL
Council / Board Members
2 4.
City Manager Update
5. City Attorney Update
6. Approving Appointment to the Environment and Climate Committee (Hernandez:
7. Proclamation Proclaiming October 24, 2026, as “Alooma Temple No. 212 Day and Alooma Temple No. 198 Day" - (Hernandez: [email protected]).
City Council
8. Council Adoption of Resolution No. 2026-___
:
Declaring Three (3) Fire Department
Vehicles Surplus and Authorizing the City Manager to Execute a Sales Agreement with J.J.
Kane Auctions for the Sale of the Vehicles. (Lopez: [email protected]).
9. Council Adoption of Resolution No. 2026-___: Authorizing the City Manager to Execute an Agreement between the City of Suisun City and Pyro Spectaculars North, Inc. for Pyrotechnic Display Services for Fiscal Year (FY) 2027/28 and FY 2028/29 - (Hull:
[email protected])
10. Council Adoption of Resolution No. 2026-___: Accepting the 2026 Pavement Resurfacing Project as Complete and Authorizing the City Manager to Record the Notice of Completion for the Project - (Vue: [email protected]).
11. Council Adoption of Resolution No. 2026-___: Authorizing the City Manager on Behalf of
PLEDGE OF ALLEGIANCE
INVOCATION
CLOSED SESSION REPORT
Announcement of Actions Taken, if any in Closed Session.
APPROVAL OF REORDERING OF AGENDA
CONFLICT OF INTEREST NOTIFICATION
(Any items on the regular meeting agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.)
REPORTS (Informational items only.)
PRESENTATIONS/APPOINTMENTS
(Presentations, Awards, Proclamations, Appointments).
Proclamations Not Presented
PUBLIC COMMENT - ITEMS NOT ON THE AGENDA
(In accordance with Government Code Section 54954.3(a)(1), members of the public may address the City Council on any item of interest that is within the subject matter jurisdiction of the City Council and is not on this agenda.
No action may be taken on any item not appearing on the agenda. Comments are limited to 3 minutes unless allowable by the Mayor/Chair. A speaker using a translator shall be allowed at least twice the allotted time.)
COUNCIL COMMENTS
(Comments are limited to no more than 3 minutes)
CONSENT CALENDAR
Consent calendar items requiring little or no discussion may be acted upon with one motion. 3 the City to Execute a Quitclaim Deed of a Road Easement within 216 Sacramento Street - (Vue: [email protected]).
12. Railroad Avenue Extension Project – Appropriation Amendment and Professional Services Agreement - (Vue: [email protected]).
a
.
Council Adoption of Resolution No. 2026-___: Adopting the 3rd Amendment to the Annual Appropriation Resolution No. 2026-89 to Increase Transfer of Off-Site Street Improvement Program (OSSIP) Fund to Railroad Avenue Extension Project. b
.
Council Adoption of Resolution No. 2026-___:Authorizing the City Manager to Execute a Professional Services Agreement on the City’s Behalf with Kimley-Horn and Associates, Inc. for the Railroad Avenue Extension Project - 30% Preliminary Engineering Design and Environmental Documents.
13. Council Adoption of Resolution No. 2026-___: Authorizing the City Manager to Execute a Grant Agreement with the State of California Department of Parks and Recreation Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange (SAVE) Program - (Hull: [email protected]).
14. Council Adoption of Resolution No. 2026-___: Accepting the 2026 Sewer Rehabilitation Project as Complete and Authorizing the City Manager to Record the Notice of Completion for the Project - (Vue: [email protected]).
15. Council Adoption of Resolution No. 2026-____: Recreation, Parks, Marina, and Arts Commission and Staff Recommendation for City Council Approval Suisun City Dental Office Public Art Proposal - (Hull: [email protected]).
16. Council Adoption of Resolution No. 2026-___: Approving the Mike Day Memorial Park Playground Replacement Project Through the GameTime Cares Playground Grant - (Hull:
[email protected]).
17. Council Adoption of Resolution No. 2026-__: Authorizing the City Manager to Execute (1) a Maintenance Services Agreement with PCS Marine Construction Inc. for Annual Inspection and Maintenance of the Suisun City Marina Floating Dock System, and (2) a Public Works Contract with PCS Marine Construction Inc. for Marina Dock Repairs - (Hull:
jhull@suisun,com).
18. Council Adoption of Resolution 2026-___; Authorizing the Restoration of one Police Sergeant Position and Amending the Fiscal Year 2026-27 Authorized Position Allocation and Budget - (Penland: [email protected]).
Joint City Council / Suisun City Council Acting as Successor Agency
19. Joint Action of the Successor Agency to the Redevelopment Agency of the City of Suisun City and the City Council - (City Attorney):
a
.
Successor Agency Adoption of Resolution No. SA 2026-___: Confirming the Authorized Officer of the Successor Agency, Approving an Assignment to the City of Suisun City of the Seller's Re-Purchase Option Under the Purchase and Sale Agreement with CF Suisun 1 LLC, and Authorizing Execution and Delivery Thereof b
.
Council Adoption of Resolution No. 2026-___: Accepting an Assignment of the City of Suisun City of The Seller's Re-Purchase Option Under the Purchase and Sale Agreement with CF Suisun 1 LLC for 701, 711, 713, and 717 Main Street, and Authorizing Execution of the Assignment
20. Council/Agency Approval of July 2026 Payroll Warrants and Accounts Payable Disbursements for the month of July, August and September 2026. - (Luna:
[email protected])
4 Joint City Council / Suisun City Council Acting as Successor Agency/ Housing Authority
21. City Council/Successor Agency/Housing Authority Approval of the Minutes of the Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on September 15, 2026, and September 22, 2026 – (Skinner:
22. HEARING:
Council Adoption of Resolution No. 2026-___: Placing Liens for Unpaid Waste Collection Service Charges on Certain Lands Situated in the City of Suisun City, County of Solano, State of California - (Luna: [email protected]).
23. Council Adoption of Resolution No. 2026-____: Accepting the Annual Comprehensive Financial Report (ACFR), the Report of Federal Awards in Accordance with OMB Circular A-133, the Measure S General Transactions and Use Tax Audit, Management Letter, and Governance Letter for Fiscal Year 2024-2025 - (Luna: [email protected]).
24. Council Adoption of Resolution No. 2026-___: Approving the Amended and Restated City Manager Employment Agreement with Bret Prebula and Authorizing the Mayor to Execute the Agreement - (City Attorney).
25. Receive and File Finance Operations Strategic Plan Update - (Prebula:
[email protected]).
PUBLIC HEARING
GENERAL BUSINESS
COUNCIL UPDATES
INFORMATIONAL REPORTS: (Non-Discussion Items)
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.
Accommodations
If you require an accommodation to participate in this meeting, please contact the City Clerk at (707) 421-7302 or [email protected]. The City’s reasonable accommodation policy is available for review on the City’s website at www.suisun.com/government/city-council/, you may request an electronic copy or have a copy mailed to you. Please note that for accommodations that are not readily available, 5 you must make your request as soon as you can prior to the time of the meeting.
Decorum
All participants are expected to conduct themselves with mutual respect. Conduct that disrupts meetings will be addressed in accordance with Section 54957.95 of the Government Code.
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;
Harbor Master Office, 800 Kellogg Street, Suisun City, CA.
I, Ashley Nash, Management Analyst II 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. 6 AGENDA ITEM NO. 8.
AGENDA TRANSMITTAL
MEETING DATE:
October 20, 2026
AGENDA ITEM:
Council Adoption of Resolution No. 2026-___
:
Declaring Thee (3) Fire Department
Vehicles Surplus and Authorizing the City Manager to Execute a Sales Agreement with J.J. Kane Auctions for the Sale of the Vehicles.
FISCAL IMPACT:
There is no anticipated fiscal impact to the General Fund resulting from this action. Proceeds from the sale, less applicable commissions and title fees, will be returned to the General Fund.
STRATEGIC PLAN:
Goal C – Sustainability and Stewardship.
BACKGROUND:
The Fire Department has removed the following four vehicles from service due to age, condition, reliability, and operational needs:
1 .
2003 Ford F-550 Type 5 Engine (FD009) VIN# 86191
2 .
2008 Ferrara Inferno Aerial Ladder Truck (FD011) VIN#40484 3 .
2018 Chevrolet Tahoe (FD001) VIN# 84240
FD009 – 2003 Ford F-550 Type 5 Engine
FD009 is a Type 5 engine that has exceeded its expected service life and is experiencing significant wear, mechanical issues, and increasing maintenance needs. The apparatus has been decommissioned and removed from service. In 2023, the Department accepted a new 2023 Ford F-550 Type 5 engine to maintain this specialized capability within the community. At this time, the Department does not anticipate replacing FD009. The Department intends to maintain at least one Type 5 engine and will evaluate the need for an additional Type 5 apparatus as the development of the City's second fire station progresses.
FD011 – 2008 Ferrara Inferno Aerial Ladder Truck
FD011, commonly referred to as Truck 47, has experienced significant and recurring mechanical problems since 2023. The apparatus has been in and out of service for major repairs for approximately 18 months. Due to the vehicle's continued reliability issues, the Fire Chief paused additional major repairs pending the beginning of Fiscal Year 2026–27.
Since 2024, the City has invested more than $158,000 in major repairs to Truck 47. Despite this substantial investment, the apparatus continues to experience significant mechanical failures, with no reasonable assurance of long-term reliability. The Department's apparatus maintenance resources are limited, and several other critical fleet assets also require significant maintenance and replacement.
An aerial ladder truck remains an important emergency response resource for the City, particularly for incidents involving multi-story occupancies. It also supports the City's Insurance Services Office (ISO) classification and capabilities identified in applicable National Fire Protection Association (NFPA) standards. However, Truck 47's operational use has been limited in recent years and the apparatus has 7 primarily been utilized as a backup engine. Its last significant deployment of the aerial ladder occurred during an apartment fire in 2022.
The Department participates in mutual-aid agreements with neighboring fire agencies. If an aerial ladder truck is required before the City's replacement apparatus is placed into service, the Department can request mutual-aid assistance from neighboring agencies to provide the necessary aerial capabilities.
The Fire Chief conducted a risk-benefit analysis considering the operational, fiscal, and regional implications of retaining Truck 47. After evaluating the apparatus with Department staff and discussing available options with the City Manager, staff determined that selling the apparatus in its current condition is the most fiscally prudent and operationally appropriate course of action.
The City Council previously approved the purchase of a new aerial ladder truck in October 2025.
Delivery of the replacement apparatus is anticipated during Fiscal Year 2028–29. The Department's transition to the replacement apparatus, combined with the availability of mutual-aid resources, will allow the City to maintain access to aerial ladder capabilities during the interim period.
FD001–Command Staff Vehicle
FD001, a 2018 Chevrolet Tahoe, was previously assigned as a Battalion Chief vehicle. The vehicle has exceeded its expected service life and is no longer considered cost-effective to retain. The Department does not intend to replace this vehicle at this time because the City has not yet implemented a dedicated Battalion Chief staffing model. Replacement will be evaluated as part of future organizational and staffing needs.
Based on the vehicle's age, condition, maintenance requirements, and current operational needs, staff determined that removing the vehicle from service and disposing of it in its current condition is the most appropriate course of action.
STAFF REPORT:
JJ Kane Auctions has been identified as an approved method for the sale and disposal of surplus City vehicles and equipment. Based on the year, make, model, and operating condition of the vehicles, staff anticipates that the vehicles will sell at or near current market value.
Upon completion of the sales, JJ
Kane Auctions will remit the proceeds to the City of Suisun City, less the applicable commission rate and title fees identified in the City's agreement with the auctioneer. All net proceeds received from the sale of the surplus vehicles will be returned to the City's General Fund.
STAFF RECOMMENDATION:
Staff recommends that the City Council declare the identified vehicles surplus property, and authorize the City Manager to execute a Sales Agreement with JJ Kane Auctions, along with any related documents necessary to facilitate and complete the sale of the following Fire Department vehicles:
1 .
2003 Ford F-550 Type 5 Engine (FD009) VIN# 86191
2 .
2008 Ferrara Inferno Aerial Ladder Truck (FD011) VIN#40484 8 3
.
2018 Chevrolet Tahoe (FD001) VIN# 84240
PREPARED BY:
Brad Lopez, Fire Chief
REVIEWED BY:
Patrick Enright, City Attorney
APPROVED BY:
Nouae Vue, Acting City Manager
ATTACHMENTS:
1. Resolution Declaring three (3) Fire Department Vehicles Surplus and Authorizing Sales Agreement for the Sale of Vehicles
2. J.J. Kane Exchange, LLC (Exchange), and J.J. Kane Associates Inc. dba J.J. Kane Auction Sales Agreement
9 RESOLUTION NO. 2026 - ___ 1
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY 3 DECLARING CERTAIN FIRE DEPARTMENT VEHICLES SURPLUS PROPERTY 4 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT 5 FOR THEIR SALE THROUGH J.J. KANE AUCTIONS 6
7 WHEREAS, the City of Suisun City (“City”) owns certain vehicles assigned to the 8 Suisun City Fire Department that have been removed from service due to age, condition, 9 reliability, maintenance requirements, and current operational needs; and 10 11 WHEREAS, the City has determined that the following vehicles are no longer 12 required for the City’s current operational needs, have exceed their useful life expectancy, and 13 are not cost-effective to retain: 14
1. 2003 Ford F-550 Type 5 Engine (FD009), VIN #86191; 15
2. 2008 Ferrara Inferno Aerial Ladder Truck (FD011 / Truck 47), VIN #40484; 16
3. 2018 Chevrolet Tahoe (FD001), VIN #84240; and 17
18 WHEREAS, the identified vehicles have exceeded their expected service life or are 19 experiencing significant mechanical issues, maintenance requirements, or operational 20 limitations that make continued retention impractical or not cost-effective; and 21 22 WHEREAS, the City Council previously approved the purchase of a replacement 23 aerial ladder truck, with delivery anticipated during Fiscal Year 2028–29; and 24 25 WHEREAS, the City has identified J.J. Kane Auctions as an approved method for the 26 sale and disposal of surplus City vehicles and equipment; and 27 28 WHEREAS, the vehicles will be offered for sale in their current “as-is” condition, 29 with the City receiving the net sale proceeds after applicable commissions, title fees, and 30 other authorized charges pursuant to the Sales Agreement with J.J. Kane Auctions, and all net 31 proceeds will be deposited into the City’s General Fund; and 32 33 WHEREAS, the City Council finds that declaring the identified vehicles surplus 34 property and authorizing their sale is in the best financial and operational interests of the City. 35 36 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of 37 Suisun City hereby declares the following Fire Department vehicles surplus property: 38
1. 2003 Ford F-550 Type 5 Engine (FD009), VIN #86191; 39
2. 2008 Ferrara Inferno Aerial Ladder Truck (FD011 / Truck 47), VIN #40484; 40
3. 2018 Chevrolet Tahoe (FD001), VIN #84240. 41
42 BE IT FURTHER RESOLVED that the City Council authorizes the sale of the 43 surplus vehicles identified above, in their current “as-is” condition, through J.J. Kane 44 Auctions in accordance with the terms and conditions of the City's Sales Agreement with J.J. 45 Kane Auctions. 46
47 10
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager, 48 or designee, to execute the Sales Agreement with J.J. Kane Auctions and any related 49 agreements, forms, title documents, or other documents necessary to facilitate and complete 50 the sale and transfer of the surplus vehicles. 51
52 BE IT FURTHER RESOLVED that all net proceeds received from the sale of the 53 surplus vehicles, after applicable commissions, title fees, and other authorized charges, shall 54 be deposited into the City’s General Fund. 55
56 BE IT FURTHER RESOLVED that the City Council authorizes the City Manager, 57 or designee, to take any additional administrative actions necessary or appropriate to 58 implement this Resolution, provided such actions are consistent with the terms and intent of 59 this Resolution. 60
61 PASSED AND ADOPTED by the City Council of the City of Suisun City at a 62 regular meeting held on October 20, 2026, by the following vote: 63 64 AYES: Councilmembers: _______________________________________________ 65 NOES: Councilmembers: _______________________________________________ 66 ABSENT: Councilmembers: _______________________________________________ 67 ABSTAIN: Councilmembers: _______________________________________________ 68 69 WITNESS my hand and the seal of the City of Suisun City on this 20th day of 70 October, 2026. 71
72 ______________________________ 73
Anita Skinner, City Clerk 74
11 33 Inverness Center Parkway Telephone 856-764-7163
Birmingham, AL 35242 www.jjkane.com
Revised: 01/21/2025 a1nUT00000els1EYAQ 00015464.0
Contact: Bret Prebula
Seller Name: CITY OF SUISUN CITY- FIRE DEPARTMENT
Express Mail Address (No P.O. Boxes):
701 Civic Center Blvd.
Suisun City, CA
94585
Phone: +1 (707) 421-7205
Email: [email protected]
Date Emailed To Seller: October 1, 2026
This Agreement (the “Agreement”), effective as of September 22, 2026, is entered into by and among CITY OF SUISUN CITY FIRE DEPARTMENT (hereinafter called “Seller”), J.J. Kane Exchange, LLC
(“Exchange”), and J.J. Kane Associates Inc. d/b/a “J.J. Kane Auctions,” (“Associates”), acting as agent for Seller. The parties, intending to be legally bound, hereby agree as follows. 1) Term and Termination The term of this Agreement shall begin on the date hereof and shall continue until terminated by either party hereto. Either party hereto may terminate this Agreement at any time upon 60 days’ prior written notice to the other party. Upon termination of this Agreement, Auctioneer (defined below) shall provide written notice to Seller describing any unsold Auction Items (defined below) and, unless otherwise mutually agreed to by the parties hereto, Auctioneer shall be permitted to attempt to sell such Auction Items at auction for an additional 60 days following the effective date of the termination of this Agreement. At the end of such additional 60-day period, any unsold Auction Items will be released to Seller; provided, that Seller shall be required to reimburse Auctioneer for any and all expenses incurred by Auctioneer in connection with the transportation, storage, decommissioning, and other related costs of preparing such unsold Auction Items for sale prior to Auctioneer’s release of such Auction Items to Seller.
2) Auctioneer
For all sales of Auction Items hereunder that are located at physical site(s) owned or operated by Associates, Associates shall be deemed to be the “Auctioneer”, and for all sales of Auction Items hereunder that are located at physical site(s) not owned or operated by Associates, Exchange shall be deemed to be the “Auctioneer”. Seller acknowledges and agrees that Associates is authorized to engage Exchange or other third parties to provide certain services necessary for Associates to perform its obligations hereunder including, without limitation, the utilization of online auction platforms, invoicing, and billing services.
3) Engagement
a) Seller hereby engages Auctioneer to facilitate the sale at public absolute auction sale Seller’s property identified by Seller (the “Auction Item”), excluding any chemicals, hazardous materials or other environmentally unsafe equipment or materials unless mutually agreed upon in writing by Seller and Auctioneer.
i) Seller shall be responsible for clean-up/disposal of petroleum products/chemical spills coming from Auction Items that are offered for sale under this Agreement. The prompt and proper clean-up of any spills, leaks or other releases of petroleum or chemical substances and materials will be performed in accordance with all applicable federal, state and local laws and regulations. Seller acknowledges and agrees that in the event a spill has occurred, notification by Auctioneer to certain federal, state and/or local agencies may be required. Seller shall be responsible for all costs resulting in the clean-up of any spills/leaks or other releases of petroleum or chemical spills in accordance with any applicable laws and regulations. All clean- 12 33 Inverness Center Parkway Telephone 856-764-7163
Birmingham, AL 35242 www.jjkane.com
Revised: 01/21/2025 a1nUT00000els1EYAQ 00015464.0
up/proper disposal costs will be billed back to Seller and deducted from Seller’s sale proceeds. If said proceeds do not cover the total cost of spill cleanup/disposal, Seller will be billed the difference and Auctioneer shall be paid within 10 business days of dated invoice. The obligations set forth in this Section 3 shall survive the termination or expiration of this Agreement.
b) Seller hereby acknowledges and agrees that Auctioneer may engage the services of Exchange and any applicable third-party internet auction platform to conduct any auctions over the internet via online bidding.
c) Auctioneer may, in its sole discretion, accept or reject any Auction Items proposed for auction sale by Seller.
4) Auctioneer Personnel
Auctioneer shall provide all necessary auctioneers, accountants, clerks and office staff required to achieve the efficient and orderly performance of the auction sale contemplated by this Agreement. Auctioneer shall employ qualified personnel to perform these jobs and shall perform the engagement contemplated by this Agreement in a professional and skilled manner. 5) As Is & Where Is Auction Sales
a) Auction Items will be offered for sale individually, or in the case of small miscellaneous items sold in lots as determined by Auctioneer. All Auction Items will be sold on an “As-Is Where-Is” basis without any warranties of any kind, expressed or implied. b) Prior to listing Auction Items with Auctioneer for sale, Seller agrees to disclose to Auctioneer any known defects or faults with Auction Items, including but not limited to the fact that an Auction Item has been wrecked, totaled, or otherwise damaged at any point such that its operability was compromised.
c) In the case that a known defect or condition of any Auction Item is not disclosed by Seller to Auctioneer prior to listing, Auctioneers shall have the right, in its sole discretion, to declare such Auction Item a “No Sale” in which case Seller shall retain possession of such Auction Item and reimburse Auctioneer for any and all costs and expenses incurred by Auctioneer in connection with the transportation, storage, decommissioning and sale preparation of such Auction Item. In the case that an Auction Item is sold at auction and it is later discovered that Seller failed to disclose a known defect or fault with the Auction Item in violation of Section 5(b) above, Auctioneer shall have the right, in its sole discretion, to rescind the sale and fully refund the purchaser, and Seller shall not be entitled to any proceeds from the rescinded sale, or, in the event Seller has already received the proceeds from the sale, Seller will be obligated to return the proceeds to Auctioneer. d) In accordance with applicable state and federal emissions regulations, Seller shall notify Auctioneer of any alterations of OEM emission systems that have occurred on vehicle or equipment Auction Items (e.g., dpf, def, system deletes or other engine control software or hardware alterations not approved by OEM).
6) Marketable Title
a) Seller specifically represents and warrants to Auctioneer that Seller is the sole owner of, and has good, valid and marketable title to, all of the Auction Items to be sold by Auctioneer pursuant to this Agreement, free and clear of any liens, security interests, mortgages, debts or other encumbrances or restrictions of any kind not otherwise disclosed in writing by Seller to Auctioneer on or prior to the date of this Agreement. Seller further represents and warrants that there are no outstanding judgments or liens against Seller and that there are no legal actions, claims or proceedings pending or, to the knowledge of Seller, threatened against or adversely affecting Seller whatsoever which in any way would hinder, prevent or otherwise affect Seller’s or Auctioneer’s right or ability to sell the Auction Items at auction sale. 13 33 Inverness Center Parkway Telephone 856-764-7163
Birmingham, AL 35242 www.jjkane.com
Revised: 01/21/2025 a1nUT00000els1EYAQ 00015464.0
b) Seller acknowledges and agrees that Auctioneer may elect to conduct UCC lien searches on any Auction Items deemed necessary by Auctioneer, in its sole discretion. Seller shall be responsible for the cost of any such lien searches payable in accordance with Section 12(c) below. c) Seller agrees to deliver, upon Auctioneer’s request, any documents, certificates, proofs of ownership or titles that may be required to effectively deliver and convey title to the Auction Items sold by Auctioneer pursuant to this Agreement.
d) In the case that there is a delay in the new purchaser receiving a free and clear title to any vehicle or trailer Auction Items sold hereunder, the net proceeds from the sale will be held by Auctioneer until a free and clear title is delivered to the purchaser; provided, that, at the election of Auctioneer, in its sole discretion, the applicable Auction Item may be withdrawn from the auction sale and remain Seller’s property.
e) Seller acknowledges and agrees that, although Auctioneer guarantees free and clear title to the purchaser of each Auction Item and Auctioneer will use its commercially reasonable best efforts to obtain and convey such title in accordance with applicable law, Auctioneer shall in no way be responsible for any losses, damages, costs, expenses or fees (including, without limitation, attorneys’ fees) arising out of or relating to any delay in obtaining and/or conveying free and clear title to the purchaser of any Auction Item sold hereunder. f) Seller acknowledges and agrees that, if requested, Auctioneer may provide the name of Seller to the applicable purchaser of any vehicle Auction Item sold hereunder. g) The obligations set forth in this Section 6 shall survive the termination or expiration of this Agreement.
7) Titles On Site
a) Seller agrees to deliver or cause to be delivered to Auctioneer all signed certificates of title, letters of authorization to sell vehicle Auction Items and any other related paperwork (e.g., a seller-specific bill of sale) no later than 10 days prior to the applicable auction sale. b) Seller further agrees to provide a letter of authorization and/or power of attorney in the form attached hereto as Exhibit A to accompany all certificates of title associated with Auction Items.
Seller further agrees that it will provide Auctioneer with any other such authorizations or documentation as may be reasonably requested to facilitate sales or transfers of Auction Items, or to comply with regulatory requirements relating to the same. 8) Delivery of Auction Items
Unless Seller requests for Auctioneer to arrange for the pickup and transportation of any Auction Items to the applicable auction site by a third party service provider in accordance with Section 12(b) below, Seller shall deliver or cause to be delivered the Auction Items to the auction sale site no later than ten days prior to the applicable auction sale or to such other location agreed to in writing by Auctioneer. All Auction Items shall be delivered to Auctioneer in running condition (except as noted by Seller) with adequate fuel levels and a duplicate set of keys. 9) Insurance Coverage
a) Seller shall, at its own expense, maintain and carry in full force and effect appropriate insurance coverage on the Auction Items being sold hereunder until the Auction Items are sold to a purchaser. b) Auctioneer and owner of the auction sale site property will not be responsible for any damages to Auction Items resulting from acts of nature, theft, accident and/or vandalism while such Auction Items are located at the sale site and prior to delivery and transfer of risk of loss to the purchaser. c) Except to the extent caused directly by Auctioneer’s willful or grossly negligent acts or omissions, Auctioneer shall not be responsible for any loss or damage to Auction Items. 14 33 Inverness Center Parkway Telephone 856-764-7163
Birmingham, AL 35242 www.jjkane.com
Revised: 01/21/2025 a1nUT00000els1EYAQ 00015464.0
10) Commission
a) Seller agrees that Auctioneer will charge the buyer of each Auction Item sold hereunder a base buyer’s fee equal to 10% of the gross sale price paid for such Auction Item, subject to increase depending on the applicable (i) sales platform, (ii) type of buyer, and/or (iii) Auction Item location, which shall not exceed 15% of the gross sales price paid for the Auction Item. The Auctioneer will also collect from buyer an online auction fee of 2%, and other administrative fees as may be applicable to process the transfer item sold and payment type. b) For All Items:
Seller agrees to pay Auctioneer a Seller’s commission equal to 6% of the total gross sale price for sold Auction Items.
c) Palletized & Miscellaneous Items MAY be charged a Seller’s Commission up to 20%. d) Seller agrees that, when applicable, Auctioneer may deduct its commission from the gross proceeds of the auction sale.
11) Non-Sales
a) In the event that a successful bidder fails to pay for an Auction Item for which such bidder is designated to be the high bidder, then the applicable Auction Item will be deemed a “Non-Sale,” no commission will be charged on such Auction Item and Seller will retain ownership of such Auction Item.
b) In certain instances Auctioneer may be required to refund the would-be purchaser of an Auction Item that has been deemed a “Non-Sale.” In the event Seller has already received the proceeds for such a “Non-Sale” Auction Item, Auctioneer will be entitled to relist the Auction Item on Seller’s behalf. Seller agrees to assist Auctioneer in obtaining all title and registration paperwork necessary to relist the Auction Item (including duplicate title). Auctioneer will not assume ownership of the Auction Item at any time. Seller agrees that Auctioneer shall be entitled to use the proceeds of any auction sale following such a relisting to recover any amounts previously refunded to the would- be purchaser, together with administrative fees and costs as may be charged or incurred by Auctioneer.
12) Reimbursed Expenses
a) If applicable and pre-approved by Seller, Seller agrees that Auctioneer may deduct the amounts for any additional services that Auctioneer provides Seller from the proceeds of the auction sale. i) Transportation/Hauling: Fair Market Value
ii) Washing/Cleaning: Fair Market Value
iii) Decommissioning: Fair Market Value
iv) Parts / Repairs: Fair Market Value
v) Other: Fair Market Value
15 33 Inverness Center Parkway Telephone 856-764-7163
Birmingham, AL 35242 www.jjkane.com
Revised: 01/21/2025 a1nUT00000els1EYAQ 00015464.0
13) Payment
a) Auctioneer will charge and collect from the purchaser the purchase price for the Auction Items sold at the auction sale, together with all applicable taxes. Auctioneer will collect payment in full from the purchaser prior to the removal of any Auction Items from the auction site. Seller shall be responsible for the payment of all income taxes resulting from or payable in connection with the sale of the Auction Items hereunder.
b) Within 14 business days following the auction sale, subject to Seller’s compliance with the terms of this Agreement and there being no Non-Sale, Auctioneer shall remit to Seller the net proceeds from the Auction Items sold at auction, less Auctioneer’s applicable commission as outlined in Section 10 above and any expenses as outlined in Section 12 above, together with a written report listing all Auction Items sold by Auctioneer and proof of payment for expenses. Payment shall be made by Auctioneer via electronic transfer or by a check. Any proceeds will be made payable to Seller and mailed to the same name and address of Seller set forth on the first page of this Agreement unless otherwise directed in writing by Seller. 14) Absolute Unreserved Auction Sales
a) Seller understands that Auctioneer conducts absolute unreserved public auction sales where each Auction Item is sold to the highest bidder regardless of price. b) Furthermore, Seller understands/agrees that it may be illegal for Seller or any agent thereof to bid on and/or buy-back any Auction Items owned by Seller.
c) If Seller or any agent of Seller attempts to bid on and/or buy back any of the Auction Items, Auctioneer will, at Auctioneer’s discretion, choose one of the following actions:
d) Pass the Auction Item currently being offered for sale along with all other Auction Items. e) Sell the Auction Item to the last “Good Faith” bidder before Seller or its agent began bidding on such Auction Item.
f) Seller shall reimburse Auctioneer for any lost revenue, including seller’s commission, buyer’s fee and/or any pre-approved reimbursed expenses in the event of a “Buy Back”. 15) Advertised Auction Items At Auctioneer’s discretion, in the event that Seller removes any advertised Auction Item from the auction sale, Seller agrees to pay Auctioneer a handling fee of $500.00 for each such Auction Item that is removed from the sale.
16) Breach of Contract In the event that Seller breaches any covenant or makes any misrepresentation in this Agreement, Seller agrees to indemnify, defend and hold Auctioneer harmless from any and all costs, expenses, damages and liabilities arising out of or relating to such breach or misrepresentation, including, without limitation, attorneys’ fees and other costs incurred by Auctioneer in any action or proceeding arising out of or relating to such breach or misrepresentation. The obligations set forth in this Section 16 shall survive the termination or expiration of this Agreement. 17) Indemnification
Seller hereby agrees to indemnify, defend and hold Auctioneer and its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, “Indemnified Persons”) harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys’ fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to: (a) Seller’s ownership and maintenance (or lack thereof) of the Auction Items, (b) the condition of the Auction Items at time of auction and prior to delivery to purchaser, (c) the applicable purchaser’s use of the Auction Items and/or any property damage or bodily injury arising therefrom, (d) any title defects or delays in delivering free and clear title to the Auction Items, (e) any breach of this Agreement by Seller, (f) any violations of applicable state and federal laws, including, without limitation, state and federal emissions laws and regulations, or (g) the enforcement of this indemnity by Auctioneer. The obligations set forth in this Section 17 shall survive the termination or expiration of this Agreement. 16 33 Inverness Center Parkway Telephone 856-764-7163
Birmingham, AL 35242 www.jjkane.com
Revised: 01/21/2025 a1nUT00000els1EYAQ 00015464.0
18) Entire Agreement; Headings
a) This Agreement contains the entire agreement between the parties and there are no other terms, obligations or representations, written or oral, other than those contained in this Agreement. This Agreement may be modified only by a further writing that is duly executed by both parties. b) Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
19) Digger Derricks and Aerial Devices
a) Section 19(b) below shall apply to digger derricks and the following vehicle-mounted aerial devices (hereinafter referred to as an “aerial device”) sold as Auction Items hereunder:
i) Extensible boom aerial devices
ii) Aerial ladders;
iii) Articulating boom aerial devices
iv) Vertical towers; and
v) A vehicle or other combination of any of the above, which vehicle may be a truck, a trailer, or an all-terrain vehicle.
b) Seller acknowledges and agrees that it shall be the sole and exclusive responsibility of Seller to provide Auctioneer with, and Seller shall provide to Auctioneer, all of the operations, maintenance and manufacturer’s manual(s) (collectively, “Manuals”) for each digger derrick or aerial device to be auctioned by Auctioneer hereunder and that such responsibility shall continue in perpetuity notwithstanding Auctioneer’s auction of the corresponding digger derrick or aerial device for Seller. In the event Seller does not provide all Manuals for each digger derrick or aerial device to Auctioneer, Auctioneer may, in its own discretion, obtain the missing Manuals from the manufacturer at the Seller’s expense; in any event, however, the obligation to provide the Manuals shall remain on the Seller and Auctioneer may refuse to auction the associated digger derrick or aerial device until such time as the Manuals have been provided to Auctioneer. Auctioneer may notify Seller of the name and location of the successful purchaser of a digger derrick or aerial device within a reasonable time following completion of the sale. Seller hereby acknowledges its responsibilities in accordance with American National Standards Institute A92.2-2009 (including, without limitation, Section 8.7 thereof) and A10-31 in full, including, without limitation, section
8.7 thereof. Seller hereby acknowledges and agrees that failure by Seller to provide all Manuals for any digger derrick or aerial device sold at public auction hereunder shall be deemed a breach of Section 16 above for which Auctioneer shall be entitled to indemnification pursuant to Section 17 above.
[Signature Page Follows]
17 33 Inverness Center Parkway Telephone 856-764-7163
Birmingham, AL 35242 www.jjkane.com
Revised: 01/21/2025 a1nUT00000els1EYAQ 00015464.0
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
SELLER:
CITY OF SUISUN CITY
By:
Name: Bret Prebula
Title: City Manager
ASSOCIATES:
J.J. Kane Associates, Inc. dba J.J. Kane Auctions
By: \s\ignature2\
Name: Ken Sintchak
Title: Account Manager
EXCHANGE:
J.J. Kane Exchange, LLC
By:
Name: Ken Sintchak
Title: Account Manager
18 AGENDA ITEM NO. 9.
AGENDA TRANSMITTAL
MEETING DATE:
October 20, 2026
AGENDA ITEM:
Council Adoption of Resolution No. 2026-___: Authorizing the City Manager to Execute an Agreement between the City of Suisun City and Pyro Spectaculars North, Inc. for Pyrotechnic Display Services for Fiscal Year (FY) 2027/28 and FY 2028/29.
FISCAL IMPACT:
There is no impact to the General Fund, as funding for these services will be covered by the Fireworks Sales Fund. The total cost for pyrotechnic display services under this agreement is $31,500 for Fiscal Year 2027/28 and $33,075 for Fiscal Year 2028/29.
STRATEGIC PLAN:
Community Appeal.
BACKGROUND:
The City of Suisun City has historically contracted with Pyro Spectaculars North, Inc. to provide pyrotechnic display services for the City’s annual 4th of July Celebration and Christmas on the Waterfront.
The City initially contracted with Pyro Spectaculars North, Inc. for one year of service in 2024.
Following successful completion of that agreement, the City entered into a two-year agreement for FY 2025/26 and FY 2026/27. Throughout these agreements, the City has been satisfied with the quality, safety, and execution of the fireworks displays provided by Pyro Spectaculars North, Inc.
On September 3, 2026, the City issued a Request for Proposals (RFP) for pyrotechnic display services for FY 2027/28 and FY 2028/29. The RFP included fireworks displays for both the 4th of July Celebration and Christmas on the Waterfront. Proposals were due September 17, 2026. Pyro Spectaculars North, Inc. submitted the only proposal received by the City and was determined to be responsive to the RFP requirements.
STAFF REPORT:
Staff is requesting City Council approval of a two-year agreement with Pyro Spectaculars North, Inc. to provide pyrotechnic display services for the City’s 4th of July Celebration and Christmas on the Waterfront for FY 2027/28 and FY 2028/29.
Fireworks displays are a major component of these two signature community events. Securing a qualified pyrotechnic vendor in advance allows the City to ensure continuity of service and provides adequate time for event planning, permitting, and coordination with the vendor and public safety agencies.
Based on Pyro Spectaculars North, Inc.’s successful performance under its previous agreements with the City and its proposal submitted in response to the City’s RFP, staff recommends entering into a new two-year agreement for the 2027 and 2028 events. The proposed agreement is $31,500 for FY 2027/28 and $33,075 for FY 2028/29, for a total two-year cost of $64,575. The agreement will establish pricing and secure the vendor’s availability for both annual events during the two-year term.
STAFF RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2026 19 ___: Authorizing the City Manager to Execute an Agreement between the City of Suisun City and Pyro Spectaculars North, Inc. for Pyrotechnic Display Services for Fiscal Year (FY) 2027/28 and FY 2028/29.
PREPARED BY:
Joseph Gatmen, Recreation Manager - Marina &
Special Events
REVIEWED BY:
Janet Hull - Recreation, Parks and Marina
Department Director
APPROVED BY:
Bret Prebula - City Manager
ATTACHMENTS:
1. Resolution Authorizing the City Manager to execute an agreement between the City of Suisun City and Pyro Spectaculars North, Inc. for pyrotechnic display services
2. Pyro Spectaculars North Inc. 2 Year Agreement
20 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SUISUN CITY AND PYRO SPECTACULARS NORTH, INC. FOR PYROTECHNIC DISPLAY SERVICES FOR FISCAL YEAR (FY) 2027/28 AND FY 2028/29.
WHEREAS, On August 12, 2026, the City of Suisun City issued a Request for Proposals (RFP) for pyrotechnic display services for City events; and WHEREAS, the RFP sought pyrotechnic display services for a two-year period covering FY 2027/28 and FY 2028/29 for the City’s annual 4th of July Celebration and Christmas on the Waterfront; and
WHEREAS, Pyro Spectaculars North, Inc. submitted the only proposal received by the City and was determined to be responsive to the RFP requirements; and WHEREAS, Pyro Spectaculars North, Inc. has previously provided pyrotechnic display services for the City, and the City has been satisfied with the quality, safety, and execution of the services provided; and
WHEREAS, the 4th of July Celebration and Christmas on the Waterfront are signature City events that provide opportunities for community gathering, attract visitors, and contribute to Suisun City’s waterfront identity; and
WHEREAS, staff recommends entering into a two-year agreement with Pyro Spectaculars North, Inc. to secure pyrotechnic display services for FY 2027/28 and FY 2028/29 at a cost of $31,500 for FY 2027/28 and $33,075 for FY 2028/29, for a total agreement amount of $64,575; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Suisun City hereby authorizes the City Manager to execute an agreement between the City of Suisun City and Pyro Spectaculars North, Inc. for pyrotechnic display services for FY 2027/28 and FY 2028/29, in an amount not to exceed $64,575.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 20th day of October 2026 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 20th day of October 2026.
Anita Skinner
City Clerk
21 Pyro Spectaculars North, Inc. City of Suisun City
5301 Lang Avenue Program # A
McClellan, CA 95652 July 4 & Dec. 6, 2027 &
Tel: 909-355-8120 :::: Fax: 909-355-9813 July 4 & Dec. 5, 2028
PRODUCTION AGREEMENT
(Special)
T
his agreement ("Agreement") is made this day of , 20 by and between Pyro Spectaculars North, Inc., a California corporation, hereinafter referred to as (“PYRO”), and City of Suisun City, hereinafter referred to as (“CLIENT”). PYRO and CLIENT are sometimes referred to as “Party” or collectively as “Parties” herein.
1 . Engagement - CLIENT hereby engages PYRO to provide to CLIENT four (4) fireworks productions (“Production”), and PYRO accepts such engagement upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program “A”, attached hereto and incorporated herein by this reference.
1 .1 PYRO Duties – PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the Production and the other things on its part to be performed, including preproduction services, all as more specifically set forth below in this Agreement and in the Scope of Work (“Scope of Work”), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein.
1 .2 CLIENT Duties – CLIENT shall provide to PYRO a suitable site (“Site”) for the Production, security for the Site as set forth in Paragraph 6 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO’s reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors. 2 . Time and Place - The Productions shall take place as follows: The 2027 Productions shall take place on July 4, 2027, and December 4, 2027; the 2028 Productions shall take place on July 4, 2028, and December 2, 2028, respectively, at approximately 9:45 PM on July 4, 2027, and 6:00 PM on December 4, 2027, and 9:45 PM on July 4, 2028, and 6:00 PM on December 2, 2028, at (4th of July Production) East side of Channel Edge of Park Area, and (Tree Lighting Production) City Hall Grass Area at water’s edge, City of Suisun City, CA, Site. 3 . Fees, Interest, and Expenses -
3 .1 Fee - For the 2027 Productions - CLIENT agrees to pay PYRO a fee of $31,500.00 USD (THIRTY-ONE THOUSAND FIVE HUNDRED DOLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO an initial payment (“Initial Payment”) of $27,000.00 USD (TWENTY- SEVEN THOUSAND DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at $00.00 OR an amount to be determined, for a total of $27,000.00, upon the execution of this Agreement by both parties but no later than January 29, 2027. The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work (“Preproduction Services and Costs”.) The balance of $4,500.00 USD (FOUR THOUSAND FIVE HUNDRED DOLLARS) shall be due no later than October 1, 2027; CLIENT authorizes PYRO to receive and verify credit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The “PRICE FIRM” date, the date by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20.
3.2 F ee - For the 2028 Productions - CLIENT agrees to pay PYRO a fee of $33,075.00 USD (THIRTY-THREE THOUSAND SEVENTY-FIVE DOLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO an initial payment (“Initial Payment”) of $28,350.00 USD (TWENTY-EIGHT THOUSAND THREE HUNDRED FIFTY DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at $00.00 OR an amount to be determined, for a total of $28,350.00, upon the execution of this Agreement by both parties bu t no later than January 31, 2028. The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work (“Preproduction Services and Costs”) The balance of $4,725.00 USD (FOUR THOUSAND SEVEN HUNDRED TWENTY-FIVE DOLLARS) shall be due no later than October 2, 2028.
3.3 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will b e responsible for the payment of 1. 5% interest p er month or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to attorneys’ fees.
3.4 Ex penses – PYRO shall pay all normal expen ses directly related to the Production including freight, insurance as outlined, pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO’s responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items outlined as CLIENT’s responsibility in this Agreement an d Scope of Work.
4. Proprietary Rights - PYRO represents and warrants that it owns all cop yrights, including performance rights, to this Production, except that PYRO does not own CLIENT-owned material or third-party-owned material that has been inclu ded in the Production, and as to such CLIENT-owned and third- party-owned material, CLIENT assumes full respon sibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT-owned material and third-party-owned material and shall not be responsible in any way for such material. If applicable, CLIENT consents to the use of CLIENT-owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the ownership rights in its trade names that are used in or are a product of the Pro duction. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited.
5. Safety - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations an d employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within PYRO's sole discretion to determine whether or not the Production may be safely discharged or continued . It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO.
PSNI V-2021-2 22
Pyro Spectaculars North, Inc. City of Suisun City 5301 Lang Avenue Program # A
McClellan, CA 95652 July 4 & Dec. 6, 2027 &
Tel: 909-355-8120 :::: Fax: 909-355-9813 July 4 & Dec. 5, 2028
PSNI V-2021-2
6. Security - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or controlling CLIENT’s other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production.
7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any environmental clean-up.
8. Permits - PYRO agrees to apply for permits for the firing of pyrotechnics only from the SUISUN CITY FIRE DEPARTMENT, FAA, and USCG, if required. CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, event/activity or land use permits or any permission or permit required by any Local, Regional, State or Federal Government.
9. Insurance - PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with PYRO’s performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobile liability insurance, (3) workers’ compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO’s performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT’s negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT.
The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage shall be furnished to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CLIENT; Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their respective operations and services.
10. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify, hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or employees. CLIENT shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party.
11. Limitation of Damages for Ordinary Breach - Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in performing the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits.
12. Force Majeure - CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based upon when the Production is canceled.
13. Rescheduling Of Event - If CLIENT elects to reschedule the Production, PYRO shall be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31st of the earlier year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.
14. Right To Cancel – CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee as set forth in Paragraph 3.1. 1) 50% if cancellation occurs 30 or more days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event CLIENT cancels the Production, it will be impractical or extremely difficult to fix actual amount of PYRO’s damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Production.
15. No Joint Venture - It is agreed, nothing in this Agreement or in PYRO’s performance of the Production shall be construed as forming a partnership or joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLIENT. The Parties 23 Pyro Spectaculars North, Inc. City of Suisun City 5301 Lang Avenue Program # A
McClellan, CA 95652 July 4 & Dec. 6, 2027 &
Tel: 909-355-8120 :::: Fax: 909-355-9813 July 4 & Dec. 5, 2028
PSNI V-2021-2
hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein.
16. Applicable Law - This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable.
17. Notices - Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO – Pyro Spectaculars North, Inc., 3196 N. Locust Avenue, Rialto, California 92377. CLIENT – City of Suisun City, 611 Village Drive, Suisun City, CA 94585.
18. Modification of Terms – All terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.
19. Severability – If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT’s obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO’s offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns.
20. Price Firm – If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIRM date shown below, or if the Initial Payment is not paid on or before the due date, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void.
PRICE FIRM through October 19, 2026
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
See PRICE FIRM conditions, paragraph 20, above.
EXECUTED as of the date first written above:
PYRO SPECTACULARS NORTH, INC. CITY OF SUISUN CITY
By: By:
Matthew Gilfillan
Its: Vice President Its:
Date:
Print Name
Date:
24 Pyro Spectaculars North, Inc. City of Suisun City 5301 Lang Avenue Program # A
McClellan, CA 95652 July 4 & Dec. 6, 2027 &
Tel: 909-355-8120 :::: Fax: 909-355-9813 July 4 & Dec. 5, 2028
PSNI V-2021-2
SCOPE OF WORK
PYRO SPECTACULARS NORTH, INC. (“PYRO”)
and
CITY OF SUISUN CITY (“CLIENT”)
Pyro shall provide the following goods and services to CLIENT:
• Four (4) Pyro Spectaculars North, Inc., Productions shall take place as follows: Time and Place - The Productions shall take place as follows: The 2027 Productions shall take place on July 4, 2027, and December 4, 2027; the 2028 Productions shall take place on July 4, 2028, and December 2, 2028, respectively, at approximately 9:45 PM on July 4, 2027, and 6:00 PM on December 4, 2027, and 9:45 PM on July 4, 2028, and 6:00 PM on December 2, 2028, at (4th of July Production) East side of Channel Edge of Park Area, and (Tree Lighting Production) City Hall Grass Area at water’s edge, City of Suisun City, CA, Site.
• All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design, engineering, programming, handling, staging, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance.
• Application for specific pyrotechnic permits relating to the Production.
Insurance covering the preproduction and Production as set forth in the Agreement with the following limits:
CLIENT shall provide to PYRO the following goods and services:
• All on -site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT.
• Coordination and any applicable non- pyrotechnic permitting with the local, state or federal government that may hold authority within the Production.
• Costs of all permits required for the presentation of the Production and the event as a whole. • Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set-up and load-out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. • General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppr ession equipment, access to worksites, necessary credentialing, etc., will be required as necessary.
Insurance Requirements Limits
Commercial General Liability $10,000,000.00 Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage)
Business Auto Liability-
Owned, Non-Owned and Hired Autos
$5,000,000.00 Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Workers’ Compensation Statutory
Employer Liability $1,000,000 Per Occurrence
25 AGENDA ITEM NO. 10.
AGENDA TRANSMITTAL
MEETING DATE:
October 20, 2026
AGENDA ITEM:
Council Adoption of Resolution No. 2026-____: Accepting the 2026 Pavement Resurfacing Project as Complete and Authorizing the City Manager to Record the Notice of Completion for the Project.
FISCAL IMPACT:
The 2026 Pavement Resurfacing Project (Project) has no fiscal impact on the General Fund.
Funding for the Project is primarily provided through the Road Maintenance and Rehabilitation Program (RMRA), established under Senate Bill 1 (SB 1) which has sufficient fund balance for this improvement.
Additional work outside the base project limits on Emperor Drive, from Pintail Drive to Longspur Drive, is funded with impact fees previously collected through encroachment permits issued to PG&E for projects involving potholing and excavation within City streets.
STRATEGIC PLAN:
Goal B - Community Appeal.
BACKGROUND:
On April 7, 2026, the City Council awarded the construction contract for the Project to Kerex Engineering, Inc. (Contractor) in the amount of $279,940.30. The construction budget also included a contingency of $55,988.06 for in-house inspections, in-house construction management, and unforeseen items, resulting in a total maximum construction budget of $355,928.36.
STAFF REPORT:
The Contractor has completed the scope of work for the Project. The base project resurfaced Emperor Drive from Pintail Drive to Longspur Drive, which included the application of an asphalt rubber cape seal, digout repairs, upgrades to curb ramps to comply with the Americans with Disabilities Act (ADA), and pavement striping.
As part of the Project, the City issued a contract change order to the Contractor for a 3-inch grind and overlay treatment, including striping, on the segment of Main Street extending from under Highway 12 to the Highway 12 westbound on-ramp.
The City has received, reviewed, and approved the Contractor's final invoice for the Project. The final construction contract amount is $411,577.06, consisting of the following:
a. Emperor Drive from Pintail Drive to Longspur Drive (base project): $301,455.55, funded by RMRA/SB 1; and
b. Main Street from under Highway 12 to the Highway 12 westbound on-ramp (contract change order):
$110,121.51, funded by encroachment permit impact fees.
The Contractor has completed the Project in a satisfactory manner and in accordance with the contract requirements. Accordingly, the Project is ready for acceptance as complete, and it is appropriate to file and record a Notice of Completion (NOC) with the County.
26 Acceptance of the Project as complete and recordation of the NOC will initiate the one-year warranty period for the completed improvements associated with the Project.
STAFF RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2026- ___: Accepting the 2026 Pavement Resurfacing Project as Complete and Authorizing the City Manager to Record the Notice of Completion for the Project.
PREPARED BY:
Nick Lozano, Sr. Associate Engineer
REVIEWED BY:
Nouae Vue, Public Works Director
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
1. Resolution - Notice of Completion.docx
2. Project Location Map.pdf
3. Notice of Completion.pdf
4. Photos.pdf
27 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY ACCEPTING 2026 PAVEMENT RESURFACING PROJECT AS COMPLETE AND
AUTHORIZING THE CITY MANAGER TO RECORD THE NOTICE OF
COMPLETION FOR THE PROJECT
WHEREAS, funding for the City of Suisun City’s annual pavement resurfacing projects are funded through the Road Maintenance and Rehabilitation Progra m (RMRA), establish ed under Senate Bill (SB 1); and
WHEREAS, the City’s RMRA Fund (F110) had an approximate balance of $1.477 million at the close of Fiscal Year 2026-27; and
WHEREAS, the City’s annual pavement resurfacing project for 2026 is on Emperor Drive from Pintail Drive to Longspur Drive as previously approved by the City Council ; and WHEREAS, on April 7, 2026 the City Council awarded the construction contract for the 2026 Pavement Resurfacing Project (Project) to Kerex Engineering, Inc. (Contractor) in the amount of $355,928.36, including contingencies; and
WHEREAS, the Contractor completed the base project scope on Emperor Drive from Pintail Drive to Longspur Drive, including application of an asphalt rubber cape seal, digout repairs, upgrades to curb ramps to comply with the Americans with Disabilities Act (ADA), and pavement striping; and
WHEREAS, the final total cost of the base project is $301,455.55, fu nded through RMRA/SB 1; and
WHEREAS, the City issued the Contractor a contract change order to provide a 3 -inch grind and overlay treatment, including pavement striping, on the segment of Main Street extending from under Highway 12 to the Highway 12 westbound on-ramp; and WHEREAS, the final cost of the change order is $110,121.51, funded through encroachment permit impact fees; and
WHEREAS, the Contractor has completed all work under the contract for the Project and is ready to receive a Notice of Completion; and
WHEREAS, the final construction contract amount, including the approved change order, is $411,577.06.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City does hereby accept the improvements completed as part of the 2026 Pavement Resurfacing Project as completed and authorizes the City Manager to take such measures as necessary to execute and record a Notice of Completion.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 20th day of October 2026, by the following vote:
AYES: Councilmembers:
28 Resolution No. 2026-__
Adopted October 20, 2026
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 20th day of October 2026.
Anita Skinner
29 2026 Pavement Resurfacing Project
Location Map
BASE PROJECT LOCATION: EMPEROR DRIVE (Pintail Dr. to Longspur Dr.) CONTRACT CHANGE ORDER: MAIN STREET (Extending from under Hwy. 12 to Hwy. 12 On-Ramp) 30 1
WHEN RECORDED MAIL TO:
Name Public Works Department
Street CITY OF SUISUN CITY
Address 701 CIVIC CENTER BLVD.
City & SUISUN CITY, CA 94585
State, Zip
No Fee, per code 27283
NOTICE OF COMPLETION
A.P.N.
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Suisun City
3. The full address of the undersigned is 701 Civic Center Blvd.
Suisun City, CA 94585
4. The nature of the title of the undersigned is: In fee. N/A (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase,” or “lessee.”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NONE
NAMES ADDRESSES
6. The names of the predecessors in the interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to: NONE
NAMES ADDRESSES
(If no transfer made, insert “none.”)
7. A work of improvement on the property hereinafter described was completed on: October 20, 2026
8. The name of the contractor, if any, for such work of improvement was Kerex Engineering, Inc.
(If no contractor for work of improvement as a whole, insert “none.”)
9. The property on which said work of improvement was completed is in the City of Suisun City , County of Solano , State of California, and is described as follows:
2026 Pavement Resurfacing Project
10. The street address of said property is On Emperor Drive from Pintail Drive to Longspur Drive, and on Main Street extending from under Highway 12 to the Highway 12 on-ramp
11. I declare under penalty of perjury the foregoing is true and correct.
Signature of
owner named
Dated: in paragraph 2
By Bret Prebula, City Manager
SPACE ABOVE THIS LINE FOR RECORDER’S USE
31 2026 Pavement Resurfacing Project
Photos
Emperor Drive at Longspur Drive:
BEFORE
AFTER
32 2026 Pavement Resurfacing Project
Photos
Emperor Drive between Longspur Drive and Emperor Court:
BEFORE
AFTER
33 2026 Pavement Resurfacing Project
Photos
Emperor Drive between Emperor Court and Pochard Way:
BEFORE
AFTER
34 2026 Pavement Resurfacing Project
Photos
Emperor Drive between Pochard Way and Pintal Drive:
BEFORE
AFTER
35 2026 Pavement Resurfacing Project
Photos
Main Street under Highway 12:
BEFORE
AFTER
36 026 Pavement Resurfacing Project
Photos
Main Street north of Highway 12:
BEFORE
AFTER
37 AGENDA ITEM NO. 11.
AGENDA TRANSMITTAL
MEETING DATE:
October 20, 2026
AGENDA ITEM:
Council Adoption of Resolution No. 2026-___: Authorizing the City Manager on Behalf of the City to Execute a Quitclaim Deed of a Road Easement within 216 Sacramento Street.
FISCAL IMPACT:
There is no anticipated fiscal impact to the City of Suisun City associated with this transaction. The proposed action would involve the City executing a quitclaim deed to release its interest in the subject road easement. No City funds are required for the proposed action.
STRATEGIC PLAN:
Provide Good Governance.
BACKGROUND:
In October 1954, the City acquired a road easement over a portion of the property located at 216 Sacramento Street. The easement was recorded in Book 734 of Deeds, Page 434, in the Office of the Solano County Recorder. A copy of the recorded grant of easement is attached to this report for reference.
The road easement is 15 feet in width and was acquired for the purpose of constructing a public street over the affected portion of the property. The easement is located along the eastern perimeter of the property at 216 Sacramento Street.
The subject easement corresponds to the portion of property adjacent to the west side of the northern segment of School Street extending from Sacramento Street to the northern terminus of School Street.
This portion of School Street is a dead-end segment. The location and configuration of the easement are depicted on the attached location map (Attachment No. 3) and plat map (Attachment No. 4).
STAFF REPORT:
The current property owner has requested that the City release its interest in the road easement through execution of a quitclaim deed. The requested release would remove the City's easement interest from the property and allow the property owner to make full use of the affected portion of the parcel, subject to all applicable zoning, building, development, and other requirements.
As a practical matter, the roadway contemplated by the 1954 easement has since been constructed and is located immediately adjacent to the subject easement. The City does not have a current or foreseeable need to use the easement for construction of a new roadway or for widening the existing roadway segment at this location.
It should also be noted that permanent improvements, including building structures, foundations, masonry walls, trees, and other features, are generally prohibited within City easements where they may interfere with the City's ability to exercise its easement rights. Releasing an easement that is no longer needed for its intended public purpose would eliminate this encumbrance on the property and provide the property owner with greater flexibility in the use of the parcel.
Based on the City's determination that the subject easement is no longer necessary or required for the purpose for which it was originally acquired, staff recommends that the City release its interest in the easement by executing a quitclaim deed.
38 The proposed action would not authorize any particular development or construction on the property.
Any future improvements proposed by the property owner would remain subject to the City's applicable zoning, building, safety, engineering, and other regulatory requirements.
STAFF RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2026- ____: Authorizing the City Manager on Behalf of the City to Execute a Quitclaim Deed of a Road Easement within 216 Sacramento Street.
PREPARED BY:
Nick Lozano, Sr. Associate Engineer
REVIEWED BY:
Nouae Vue, Public Works Director
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
Attachment No. 1 - Resolution Quitclaim Deed of a Road Easement.docx Attachment No. 2 - Recorded Grant of Easement Bk 734 Pg 434.pdf Attachment No. 3 - Location Map.pdf
Attachment No. 4 - Exhibit A - Plat Map.pdf
39 RESOLUTION NO. 202 6-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED OF A ROAD EASEMENT WITHIN 216 SACRAMENTO STREET
WHEREAS, in October 1954, the City of Suisun City (City) acquired a road easement over a portion of the property located at 216 Sacramento Street, Suisun City, California (Property); and
WHEREAS, the road easement was acquired for the purpose of constructing a public street over the affected portion of the Property and was recorded in Book 734 of Deeds, Page 434, in the Office of the Solano County Recorder; and
WHEREAS, the easement is fifteen (15) feet in width and extends along the eastern perimeter of the Property, which corresponds generally to the portion of the Property adjacent to the west side of the northern segment of School Street, extending from Sacramento Street to the northern terminus of School Street; and
WHEREAS, the location and configuration of the Easement is depicted on the plat map attached hereto as Exhibit “A”, and incorporated herein by this reference; and
WHEREAS, the roadway contemplated by the easement has since been constructed, and the existing roadway facilities are located immediately adjacent to the Property; and
WHEREAS, City staff has determined that the easement is no longer necessary or required for the public purpose for which it was originally acquired, including the construction of a roadway or the widening of the existing roadway segment at this location; and
WHEREAS, the current owner of the Property has requested that the City release its interest in the easement by executing a quitclaim deed; and
WHEREAS, executing a quitclaim deed would release and quitclaim the City's interest in the road easement, thereby allowing the property owner to make full use of the affected portion of the Property, subject to all applicable federal, state, and local laws, regulations, zoning requirements, building requirements, development standards, permits, and approvals; and
WHEREAS, City staff has determined that releasing the City's interest is appropriate because the easement is no longer necessary for the public purpose for which it was acquired.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City authorizes the City Manager on behalf of the City to execute a Quitclaim Deed releasing and quitclaiming the City’s interest in the road easement located within 216 Sacramento Street.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on the 20th day of October 2026, by the following vote:
40 AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
WITNESS my hand and the seal of said City this 20th day of October 2026.
Anita Skinner
City Clerk
41 42
LOCATION MAP
216 Sacramento Street
216 Sacramento Street Road Easement
43 LOT 31 MAPS 105
POINT OF BEGINNINGPARCEL TWO(4)
BLOCK 20OFFICIAL MAP OF THE TOWN OF SUISUN CITYBOOK 1 OF MAPS, PAGE 105
38.12' (±38')(4)
EXCEPTION TOPARCEL ONE(4)
PARCEL ONE(4)
STREET EASEMENT734 O.R. 434
BENTONCOURT27.20'(2)(3)90.57'(3) 90.96'(2)N89°50'57"W 243.69'(3) (N89°45'W 245.63')(2)27.20'(2)(3)98.72'(3) (100.27')(2)SFNF(2) 10'(3)10'(3)
N00°07'09"E 325.00'(3)
(FORMERLY WASHINGTON AVENUE)SCHOOL STREET
(1)(2)
N89°50'57"W 214.25'(3)
SUISUN STREETN00°10'40"E 325.00'(3)
20'(3)20'(3)
N89°50'57"W 223.92'(3)323.16'(3)
25'(3)25'(3)45.07'(3)
SOUTHEASTCORNER LOT 5
APN 0032-081-190201100091519 O.R.
38.20' (±38')(4)
0.30 ACRESAPN 0032-081-180201500078863 O.R.
52.00' (±52')(4)WEST LINELOT 4
S00°09'03"W 150.00' (150')(4)
52.00' (±52')(4)
WEST 2' OF LOT 4(4)
S00°09'03"W 150.00' (150')(4)
S89°50'57"E 88.20'POINT OFCOMMENCEMENTPARCEL ONE(4)
PARCEL TWO(4)
S00°07'09"W 150.00' (±150')(4)
LOT 21 MAPS 105
LOT 41 MAPS 105LOT 51 MAPS 105
N89°50'57"W 88.12'EASTERLY ±38'OF LOT 4(4)
APN 0032-081-310200900111833 O.R.
UPRR
UPRR COMMON STREET
SACRAMENTO STREET22.93'(3)2.07'(3)
N00°09'03"E 150.00 (±150')(4)
N89°50'57"W(3) 368.23'(C3) (BASIS OF BEARINGS)
15'SURVEYOR'S STATEMENTTHIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCEWITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR'S ACT, AT THE REQUEST OF JOEMORGAN IN MARCH OF 2025.DATED THIS __________ DAY OF ___________________________________, 2026. __________________________________________AMY MORROW, LS 9236 RECORDER'S STATEMENTFILED THIS __________ DAY OF ___________________________________, 2026, AT ______ __M., IN BOOK______ OF SURVEYS AT PAGE __________ AT THE REQUEST OF JOE MORGAN. __________________________________________ GLENN ZOOK, COUNTY ASSESSOR / RECORDER COUNTY SURVEYOR'S STATEMENTTHIS MAP HAS BEEN EXAMINED IN CONFORMANCE WITH SECTION 8766 OF THE PROFESSIONAL LANDSURVEYOR'S ACT THIS __________ DAY OF ___________________________________, 2026. __________________________________________CHRIS FERRUCCI, PLS 9430COUNTY SURVEYOR RECORD OF SURVEYPORTION OF LOT 4, IN BLOCK 20, AS SAID LOT AND BLOCK ARE SHOWN ANDDELINEATED ON THE OFFICIAL MAP OF THE CITY OF SUISUN,FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF SOLANO COUNTYON AUGUST 29, 1859 IN BOOK 1 OF MAPS, PAGE 105CITY OF SUISUN, COUNTY OF SOLANO, STATE OF CALIFORNIASEPTEMBER, 2026 SCALE: 1" = 30'UNDER THE SUN SURVEYSRS25-034 1 INCH = 30 FEET
0153060SCALE IN FEET
ABBREVIATIONSAPNASSESSOR'S PARCEL NUMBERCCALCULATEDO.R.OFFICIAL RECORDSSFNFSEARCHED FOR, NOT FOUND NOTESFIELD SURVEY WAS PERFORMED IN MARCH 2025.
REFERENCES(1)BOOK 1 OF MAPS, PAGE 105 (1859)(2)BOOK 15 OF MAPS, PAGE 46-47 (1954)(3)BOOK 24 OF SURVEYS AT PAGE 29 (2000)(4)DOC. # 201500078863 O.R.
LEGENDFOUND CASED MONUMENT STAMPED 'SOLANO COUNTY SURVEYOR' (3)FOUND PK NAIL, NO TAG, NO RECORD (3)SET 5/8" REBAR, 18" LONG, WITH PLASTIC CAP LS 9236DIMENSION POINT - NOTHING FOUND OR SET BASIS OF BEARINGSTHE BASIS OF BEARINGS FOR THIS SURVEY IS THE CENTERLINE OF SACRAMENTO STREET, SHOWN ASN89°50'57"W ON BOOK 24 OF SURVEYS AT PAGE 29(3), BASED UPON THE MONUMENTS FOUND AND SHOWNHEREON.
AMY MORROWNo. 9236LICENSEDLANDSURVEYORSTATEOFCALIFORNIA SHEET 1 OF 1
44 AGENDA ITEM NO. 12.
AGENDA TRANSMITTAL
MEETING DATE:
October 20, 2026
AGENDA ITEM:
Railroad Avenue Extension Project – Appropriation Amendment and Professional Services Agreement:
a
.
Council Adoption of Resolution No. 2026-___: Adopting the 3rd Amendment to the Annual Appropriation Resolution No. 2026-89 to Increase Transfer of Off-Site Street Improvement Program (OSSIP) Fund to Railroad Avenue Extension Project. b
.
Council Adoption of Resolution No. 2026-___:Authorizing the City Manager to Execute a Professional Services Agreement on the City’s Behalf with Kimley-Horn and Associates, Inc. for the Railroad Avenue Extension Project - 30% Preliminary Engineering Design and Environmental Documents.
FISCAL IMPACT:
There will be no impact to the City’s General Fund as a result of these actions.
The total amount required for this phase of the Railroad Avenue Extension Project (Project) is $800,000, consisting of a negotiated professional services fee of $749,887.70, including a contingency of $50,112.30, for Kimley-Horn and Associates, Inc. to prepare 30% preliminary engineering design plans and environmental documents.
The Project will be funded through a combination of Regional Transportation Impact Fee (RTIF) funds in the amount of $200,000, and Off-Site Street Improvement Program (OSSIP) to supply additional funds in the amount of $600,000 recommended by staff for the balance of the required project budget.
The OSSIP account has a fund balance of approximately $3.5M and can cover this cost.
The two funding sources are designated for eligible transportation improvements and will cover the full cost of the proposed contract and contingency. No General Fund appropriation is requested as part of this action.
STRATEGIC PLAN:
Goal C - Sustainability and Stewardship
BACKGROUND:
The Solano Transportation Authority (STA) Board recommended authorizing RTIF funds to support planning and design activities associated with the Project as well as to support the relocation of the existing Park and Ride Lot from its current location to a City-owned vacant parcel north of State Route 12 and east of Main Street.
RTIF is a development impact fee established by the Solano County Board of Supervisors on December 3, 2013, at the request of the Solano Transportation Authority (STA). The program was established to fund regional transportation improvements needed to accommodate future growth and development within Solano County.
The Project will extend Railroad Avenue approximately 1,500 feet from its current western terminus near Marina Boulevard to Main Street in western Suisun City. The extension would cross Union Avenue Creek and connect to Main Street in alignment with the existing westbound State Route 12 on- 45 ramp, creating a new four-way intersection.
Completion of this roadway segment would close a gap in the City’s cross-town arterial network and improve circulation, emergency response access, and connectivity to State Route 12, the Train Depot, and the Historic Waterfront/Downtown areas.
The proposed project corridor traverses property owned by the Suisun City Housing Authority. The site is generally flat and consists primarily of grass-covered land that is periodically disked by the Public Works Department. A Location Map identifying the project corridor is included as an attachment to this report.
The Project will require consideration of several site-specific conditions, including the crossing of Union Avenue Creek; proximity to the Union Pacific Railroad right-of-way; existing drainage infrastructure; the proposed connection to Main Street; coordination with State Route 12 facilities; and potential property, environmental, and regulatory constraints.
STAFF REPORT:
On March 5, 2026, the City issued a Request for Proposals (RFP) seeking a qualified consultant team to provide professional services for the Railroad Avenue Extension Project.
The purpose of the RFP was to retain a consultant with demonstrated experience in preliminary roadway engineering, environmental analysis and documentation, regulatory agency coordination, transportation infrastructure, and public agency project delivery.
The City’s objective is to advance the Project from its current conceptual stage to a sufficiently defined and documented condition to support subsequent final design and implementation. The requested services include preliminary engineering; development of 30% design-level plans and supporting technical information; environmental analysis and documentation; regulatory agency coordination; and related project-development activities.
The City received four proposals by the April 22, 2026 submission deadline.
A three-member City staff evaluation team reviewed and evaluated the proposals based on the qualifications and experience of the consultant team; understanding of the Project; proposed technical approach and methodology; experience with similar roadway and public agency projects; and approach to environmental documentation and regulatory coordination.
Following its review, the evaluation team unanimously determined that Kimley-Horn submitted the proposal that most clearly demonstrated an understanding of the Project. Kimley-Horn demonstrated an understanding of the constraints associated with the proposed roadway alignment, creek crossing, existing transportation facilities, adjacent railroad infrastructure, and connection to Main Street and State Route 12.
The complete scope of work, project deliverables, schedule, and consultant responsibilities are included in the proposed Professional Services Agreement attached to this report.
The City has negotiated a professional services fee with Kimley-Horn in the amount of $749,887.70.
Because the Project involves preliminary engineering and environmental work at a location with several existing physical and regulatory constraints, staff recommends establishing a contingency to address potential scope adjustments or unforeseen technical work that may arise during the design and environmental review process.
46 A contingency of $50,112.30, representing approximately 6.7% of the negotiated consultant fee, is recommended. The contingency would bring the total authorization for this phase of the Project to $800,000.
Of the $800,000 total budget required, $200,000 will be funded through the RTIF allocation, and the remaining $600,000, including the full contingency amount, is recommended to be funded through the Off-Site Street Improvement Program (OSSIP).
STAFF RECOMMENDATION:
It is recommended that the City Council adopt the following resolutions:
a
.
Council Adoption of Resolution No. 2026-___: Adopting the 3rd Amendment to the Annual Appropriation Resolution No. 2026-89 to Increase Transfer of Off-Site Street Improvement Program (OSSIP) Fund to Railroad Avenue Extension Project. b
.
Council Adoption of Resolution No. 2026-___:Authorizing the City Manager to Execute a Professional Services Agreement on the City’s Behalf with Kimley-Horn and Associates, Inc. for the Railroad Avenue Extension Project - 30% Preliminary Engineering Design and Environmental Documents.
PREPARED BY:
Nick Lozano, Sr. Associate Engineer
REVIEWED BY:
Nouae Vue, Public Works Director
APPROVED BY:
Nouae Vue, Public Works Director
ATTACHMENTS:
1. Resolution AAR OSSIP Railroad Avenue Extension Project
2. Resolution OSSIP Railroad Avenue Extension Project
3. Location Map.pdf
4. Professional Services Agreement.pdf
47 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY:
Increase/
(Decrease)
TO: Off-Site Street Imrovement Fund (OSSIP) 600,000 $
Total 600,000 $
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
Sources Uses
Revenue:
A/C No. 120-6515-70101OSSIP Fund-Begining Balance 600,000 $ Appropriation:
A/C No. 120-6515-85115OSSIP - Transfer to Tranportation Fund - Railroad Ave. Ext CIP 600,000$ Total Fund 120 600,000$ 600,000$
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
WITNESS my hand and seal of the said City this 20th day of October 2026.
Anita Skinner
City Clerk
ADOPTED AND PASSED at a regular meeting of the City Council of the City of Suisun City duly held on the 20th day of October 2026, by the following vote:
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY ADOPTING THE 3RD AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2026-89 TO
INCREASE TRANSFER OF OFF-SITE STREET IMPROVEMENT PROGRAM (OSSIP) FUND TO RAILROAD AVENUE EXTENSION PROJECT.
WHEREAS, On June 23, 2026, the City Council adopted the Annual Appropriation Resolution No. 2026-89 to appropriate from each of the several funds of the City to each Department of the City in the amounts set forth in the Annual Budget Business and Financial Plan for Fiscal Year 2026-27.
THAT the purpose is to provide needed funding for the Environment and Design Phase of the Railroad Avenue Extension Project.
THAT the annual appropriation for the OSSIP Fund is hereby amended as follows:
48 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT ON THE CITY’S BEHALF WITH
KIMLEY-HORN AND ASSOCIATES, INC. FOR RAILROAD AVENUE EXTENSION PROJECT – 30% PRELIMINARY ENGINEERING DESIGN AND ENVIRONMENTAL
DOCUMENTS
WHEREAS, the Solano Transportation Authority (STA) Board has recommended authorizing Regional Transportation Impact Fee (RTIF) funds to support planning and design activities associated with the Railroad Avenue Extension Project (Project) in the amount of $200,000; and
WHEREAS, RTIF is a development impact fee established by the Solano County Board of Supervisors on December 3, 2013, established to fund regional transportation improvements needed to accommodate future growth and development within Solano County; and WHEREAS, the Project will extend Railroad Avenue approximately 1,500 feet from its current western terminus near Marina Boulevard to Main Street at the westbound Highway 12 on- ramp; and
WHEREAS, completion of the Project would close a gap in the City’s cross-town arterial network and improve circulation, emergency response access, and connectivity to State Route 12, the Train Depot, and the Historic Waterfront/Downtown areas; and WHEREAS, on March 5, 2026, the City issue d a Request for Proposals (RFP) seeking a qualified consultant team to provide professional services for the Railroad Avenue Extension Project; and
WHEREAS, the purpose of the RFP was to retain a consultant with demonstrated experience in preliminary roadway engineering, environmental analysis and documentation, regulatory agency coordination, transportation infrastructure, and public agency project delivery with the objective is to advance the Project from its current conceptual stage to a sufficiently de fined and documented condition to support subsequent final design and implementation; and WHEREAS, on the April 22, 2026 submission deadline, four proposals were received and a three-member City staff evaluation team reviewed and evaluated the proposals b ased on the qualifications and experience of the consultant team; understanding of the Project; proposed technical approach and methodology; experience with similar roadway and public agency projects; and approach to environmental documentation and regulatory coordination; and WHEREAS, following its review, the evaluation team unanimously determined that Kimley- Horn submitted the proposal that most clearly demonstrated an understanding of the constraints associated with the proposed roadway extension, creek crossing, existing transportation facilities, adjacent railroad infrastructure, and connection to Main Street and Highway 12; and WHEREAS, the City has negotiated a professional services fee with Kimley -Horn in the amount of $749,887.70; and
49 WHEREAS, since the Project involves preliminary engineering and environmental work at a location with several existing physical and regulatory constraints, staff recommends establishing a contingency to address potential scope adjustments or unforeseen technical work that may arise during the preliminary design and environmental review process; and WHEREAS, a contingency of $50,112.30, representing approximately 6.7% of the negotiated consultant fee, is recommended, which would bring the total authorization for this phase of the Project to $800,000; and
WHEREAS, of the $800,000 total budget required, $200,000 will be funded through the RTIF allocation, and the remaining $600,000, which includes the full contingency amount, is recommended to be funded through the Off-Site Street Improvement Program (OSSIP).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City does hereby adopt the 3rd Amendment to Annual Appropriate Resolution No. 2026-89 to increase transfer of Off-Site Improvement Program (OSSIP) Fund to the Railroad Avenue Extension Project (Project) in the amount of $600,000 to complete the preliminary design and environmental phase of the Project; and authorize the City Manager to enter into a construction contract on behalf of the City with Kimley-Horn and Associates, Inc. for the Project in the amount of $$749,887.70, including a contingency in the amount of $50,112.30, for a total maximum contract amount of $800,000, and to take any and all necessary and appropriate actions to implement this contract .
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 20th day of October 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 20th day of October 2026.
Anita Skinner
50 Railroad Avenue Extension Project
Location Map
APPROXIMATE LOCATION
OF ROAD EXTENSION
Marina Blvd
51 01107.0006/958405.1 1
CITY OF SUISUN CITY
CONTRACT SERVICES AGREEMENT FOR
THE RAILROAD AVENUE EXTENSION PROJECT
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into on 2026, by and between the CITY OF SUISUN CITY, a municipal corporation (“City”) and Kimley-Horn and Associates, Inc. (“Consultant”). City and Consultant may be referred to, individually or collectively, as “party” or “parties.” NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the te rms and conditions of this Agreement, the Consultant shall perform the wo rk or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform a ll work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolut ions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined i n California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wag es for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all other applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approv als as may be required by law for the performance of the services required by the Agreement.
1.5 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 referen ce. 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. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by th is reference, but not exceeding the maximum contract amount of $749,887.70 (Seven Hundred Forty-Nine Thousand Eight Hundred Eighty- Seven Dollars and Seventy Cents) (“Contract Sum”).
52 2
01107.0006/958405.1
2.2 Invoices. Each month Consultant shall furnish to Ci ty an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category ), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges sh all also be detailed by such categories.
Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submit ted by the Consultant to determine whether the work performed and expenses incurred ar e in compliance with the provisions of this Agreement. Except as to any charges for work perfor med or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct a nd undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant ru n procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
Review and payment by the City of any invoice provi ded by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at a ny time during the performance of the services, without invalidating t his 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 such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to per form this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separa tely or cumulatively, must be approved by the City Council. No claim for an increase in the Contr act Sum or time for performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the perf ormance of this Agreement.
3.2 Schedule of Performance. Consultant 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 “Sched ule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding ninety (90) 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 b eyond the control and without the fault or negligence of the Consultant, including, but not re stricted to, acts of God or of the public enemy, 53 3
01107.0006/958405.1
unusually severe weather, fires, earthquakes, flood s, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/o r acts of any governmental agency, including the City, if the Consultant 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 pe rforming the services for the period of the enforced delay when and if in the judgment of the C ontract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement.
In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Cons ultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full fo rce and effect until completion of the services but not exceeding fourteen months from the date her eof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may , in its sole discretion, extend the Term for five (5) additional one-year terms.
4. COORDINATION OF WORK
4.1 Representative of Consultant. Prasanna Muthireddy, Project Manager, is hereby designated as being the representative of Co nsultant authorized to act on its behalf with respect to the work and services specified herein a nd make all decisions in connection therewith.
All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontrac tors, and shall keep City informed of any changes.
4.2 Contract Officer. Bret Prebula, City Manager, or su ch person as he may designate, is hereby designated as being the repres entative the City authorized to act in its behalf with respect to the work and services specified her ein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. C onsultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. N either this Agreement nor any interest herein may be assigned or transferred, voluntarily or by o peration of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as oth erwise set forth. Consultant shall perform all services required herein as an independent contract or of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
5. INSURANCE AND INDEMNIFICATION
54 4
01107.0006/958405.1
5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services und er this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall m aintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shal l maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultan t arising out of or in connection with Services to be performed under this Agreement, including cov erage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) ins urance. Consultant shall maintain professional liability insurance that cove rs the Services to be performed in connection with this Agreement, in the minimum amount of $2,00 0,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroact ive date must be before the effective date of this Agreement and Consultant agrees to maintain continu ous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant sha ll maintain Workers’ Compensation Insurance (Statutory Limits) and Emplo yer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all su bcontractors as insureds under its policies or shall furnish separate certif icates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other in surance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide ce rtificates of insurance to City as evidence of the insurance coverage required here in, along with a waiver of subrogation endorsement for workers’ compensation. Insurance ce rtificates and endorsements must be approved by City’s Risk Manager prior to commenceme nt of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified c opies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, 55 5
01107.0006/958405.1
which may arise from or in connection with the perf ormance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by C onsultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbre lla or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before t he City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these spe cifications or is canceled and not replaced, City has the right but not the duty to obtain the i nsurance it deems necessary and any premium paid by City will be promptly reimbursed by Consult ant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies sha ll be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insure rs in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financi al Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Ra ting Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage m aintained or procured pursuant to this agreement shall be endorsed to wai ve subrogation against City, its elected or appointed officers, agents, officials, employees an d volunteers or shall specifically allow Consultant or others providing insurance evidence i n compliance with these specifications to waive their right of recovery prior to a loss. Cons ultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppe l). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of spec ific coverage features or limits contained in this section are not intended a s a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clar ification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains h igher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in exc ess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to ob lige its insurance agent or broker and insurers to provide to City with a thirt y (30) day notice of cancellation (except for 56 6
01107.0006/958405.1
nonpayment for which a ten (10) day notice is requi red) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability po licies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these re quirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of inter ests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, exce pt with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensur e that its subconsultants, subcontractors, and any other party involved with t he project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monito r and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon reques t, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The Ci ty reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance writ ten notice of such change. If such change results in substantial additional cost to the Consu ltant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured reten tions must be declared to and approved by City. City reserves the right to requir e that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insuranc e will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that aris e out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also pro cure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by la w, Consultant agrees to indemnify, defend and hold harmless the City, its o fficers, employees, and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or reg ulatory claims, damages to persons or property, 57 7
01107.0006/958405.1
losses, costs, penalties, obligations, errors, omis sions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agen ts, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“ind emnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole or active negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcont ractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and s ervices performed hereunder (the “books and records”), as shall be necessary to perform the ser vices required by this Agreement and enable the Contract Officer to evaluate the performance of suc h services and shall keep such records for a period of three (3) years following completion of the services hereunder. 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.
6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consu ltant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written aut horization from the Contract Officer or unless requested by the City Attorney, v oluntarily provide documents, declarations, letters of support, testimony at depositions, respo nse to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant g ives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s f ees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City shoul d Consultant be served with any summons, complaint, subpoena, notice of deposit ion, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party 58 8
01107.0006/958405.1
regarding this Agreement and the work performed the reunder. The City retains the right, but has no obligation, to represent Consultant or be presen t at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully wi th the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and sha ll be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and m aterials are hereby deemed “works made for hire” for the City.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted , construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any d ispute, claim or matter arising out of or in relation to this Agreement shall be instituted in t he Superior Court of the County of Solano, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California, in the County of Solano, State of California.
7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obli gation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the d efault. The notice shall include the timeframe in which Consultant may cure the default. This timefra me is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the p eriod of time that Consultant is in default, the City shall hold all invoices and shall, when the de fault is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
7.3 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 wi th the purposes of this Agreement.
Notwithstanding any contrary provision herein, Cons ultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. s eq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies express ly declared to be exclusive in this Agreement, the rights and remedies of the parties a re cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies fo r the same default or any other default by the other party.
59 9
01107.0006/958405.1
7.4 Termination Prior to Expiration of Term. This Secti on shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reser ves the right to terminate this Contract 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 pe riod of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer.
Except where the Consultant has initiated terminati on, the Consultant 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. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, bu t not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “ C”. 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.
7.5 Termination for Default of Consultant. If terminati on is due to the failure of the Consultant 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 Consultant 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), a nd City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant covenan ts that, by and for itself, its heirs, executors, assigns and all perso ns 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, religion, sex, gender, sexual orienta tion, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that emp loyees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, nationa l origin, ancestry, or other protected class.
8.2 Non-liability of City Officers and Employees. No of ficer or employee of the City shall be personally liable to the Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.3 Notice. Any notice, demand, request, document, cons ent, 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, 60 10
01107.0006/958405.1
to the City Manager and to the attention of the Con tract Officer (with her/his name and City title), City of Suisun City, 701 Civic Center Blvd., Suisun City, CA 94585, and in the case of the Consultant, to the person(s) at the address designa ted 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.
8.4 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, agreem ents 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.
8.5 Severability. In the event that part of this Agreem ent shall be declared invalid or unenforceable by a valid judgment or dec ree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be inter preted to carry out the intent of the parties hereunder unless the invalid provision is so materi al that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair su ch 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 o f 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.
8.7 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 a ddition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation.
The terms of this Agreement shall be construed in a ccordance 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.
8.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.10 Warranty & Representation of Non-Collusion. No offi cial, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financ ial interest of any corporation, partnership, or association in which (s)he is directly or indirectl y interested, or in violation of any corporation, 61 11
01107.0006/958405.1
partnership, or association in which (s)he is direc tly or indirectly interested, or in violation of an y State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests foun d to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consul tant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s) , or other conduct or collusion that would result in the payment of any money, consideration, or othe r thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such paym ent of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
8.11 Corporate Authority. The persons executing this Agr eement on behalf of the parties hereto warrant that (i) such party is d uly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, 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. This Agreement shall be binding upon the hei rs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
62 12
01107.0006/958405.1
IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.
CITY :
CITY OF SUISUN CITY, a municipal
corporation
Bret Prebula, City Manager
ATTEST:
Donna Pock, Deputy City Clerk
APPROVED AS TO FORM:
RICHARDS WATSON GERSHON
Patrick L. Enright, City Attorney
CONSULTANT:
Kimley-Horn and Associates, Inc. a North
Carolina corporation
By:
Name: Chadi Chazbek, PE (#67835)
Title: Vice President
By:
Name: Prasanna Muthireddy, PE
(#78942)
Title: Assistant Secretary
Address: 2240 Douglas Blvd., Suite 270
Roseville, CA 95661
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIO NS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPOR ATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENT ITY. 63 01107.0006/958405.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SOLANO
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within inst rument and acknowledged to me that he/she/they executed the sa me in his/her/their authorized capacity(ies), and t hat by his/her/their signature(s) on the instrument the pe rson(s), or the entity upon behalf of which the per son(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it ma y prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this ce rtificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 64 01107.0006/958405.1 A
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SOLANO
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within inst rument and acknowledged to me that he/she/they executed the sa me in his/her/their authorized capacity(ies), and t hat by his/her/their signature(s) on the instrument the pe rson(s), or the entity upon behalf of which the per son(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it ma y prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this ce rtificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 65 01107.0006/958405.1 A
EXHIBIT “A”
SCOPE OF SERVICES
I. Kimley-Horn (Consultant) will advance the Railroad Avenue Extension Project (Project) from its current conceptual stage to completion of the 30% preliminary engineering design plans as well as comprehensive and legally defensible environmental documentation in compliance with the California Environmental Quality Act (CEQA), allowing the City to position the Project for subsequent funding, permitting and final design per the Request for Proposals (RFP), issued on March 5, 2026.
The work scope is as follows and is subject to refinement based on City direction, agency coordination, and findings during preliminary engineering and environmental scoping.
Task 1: Project Initiation, Data Collection, and Environmental Strategy
1.1 Kick-off Meeting
Following receipt of the Notice to Proceed, Consultant will schedule a project kick off meeting with the City to discuss project goals, data needs, tasks, deliverables, roles and responsibilities, and confirm the project scope and schedule. Consultant will work with the City to review and confirm the three project alternatives to be studied by the project.
Consultant will prepare a meeting agenda and meeting materials in advance of the kick- off meeting and meeting notes capturing action items and key next steps and distribute to the meeting attendees.
1.2 Data Collection and Site Visit
Consultant assumes that the City will provide all relevant background, planning, and project history documentation for this project, and documentation for ongoing or planned projects that are within this project’s vicinity. It is also assumed that the City will provide Consultant with as-built information of the various improvements in the area, including past roadway/frontage, storm drainage, sanitary sewer, or street lighting improvements in the area. Consultant will gather and review City standards and planning documents to identify applicable guidelines for this project. Consultant will perform a site visit to observe the relevant infrastructure, including the existing roadway widths, existing lane widths, visible utilities, physical conditions, constraints, access, adjacent uses, and drainage patterns. Consultant will document (through photographs and field notes) pertinent existing conditions information that may impact the design and are deemed by Consultant to be relevant to the scope of services.
1.3 Supplemental Survey
Based on the preliminary concepts that were provided in Attachment B of the RFP, it appears that topographic survey may be available for the project corridor. Consultant assumes that the City can provide Consultant with an electronic file of the topographic 66 01107.0006/958405.1 A
survey for use in the development of preliminary engineering design plans. Consultant and its survey subconsultant, UNICO, will review the survey files provided, including control information, to determine applicability for use in the preliminary engineering and environmental documentation. If the original topographic survey cannot be provided, then an additional fee may be needed to collect new topographic survey.
To support development of the 30 percent preliminary engineering design and environmental analysis, UNICO will perform topographic surveys for roadway tie-in conforms at the Railroad Avenue connection near Marina Boulevard and at the westerly connection near Main Street. UNICO may also locate key utilities, trees, drainage and other features requested by the design team. Features to locate may include ground surface, grade breaks, curbs, gutters, sidewalk, curb ramps, pavement, slopes, tops and slopes of the creek, flowlines, culverts, ditches, striping, utilities, poles, trees, signs and other visible features within the supplemental limits. Measure downs to relevant sewer and drain structures will be performed to include depth, pipe size and flow direction.
UNICO will map topographic features in AutoCAD format to include full mapping, 1’ contours and 3D surface meshed into the existing survey base file (if provided). UNICO will review and utilize the identical survey control used for the existing topographic mapping for overall consistency. UNICO will assume up to 24 hours of field surveys for supplemental surveys. Supplemental survey data will be integrated with existing topographic survey into a single base map suitable for the preliminary design.
1.4 Utility Coordination
Consultant will prepare and send letters to private utility companies to request utility record base map information. Consultant assumes that the City will provide an initial list of utility contacts, based on current contacts from nearby and current projects, to begin utility coordination efforts. Consultant will document the existing utility information on a color-coded utility tracking drawing and document it by owner, type, size, voltage, and material in a utility tracking table. Consultant will review record plans received from utilities and analyze utility data captured during topographic surveys to identify potential conflicts with the proposed improvements. Once Consultant identifies utilities that potentially conflict with the proposed improvements, Consultant will develop a preliminary utility conflict matrix that will be used as the basis of evaluation and future coordination with utility owners.
1.5 Project Description and Environmental Scoping Meeting Following the initial kick off meeting with the City under Task 1.1, Consultant will work with City staff to confirm and refine the parameters of the environmental analysis, building upon environmental studies and documentation previously completed for the Project. Consultant will review available environmental documentation, technical memoranda, and supporting studies provided by the City to understand prior assumptions, findings, and approvals, and to identify elements that can be incorporated into or referenced by the forthcoming CEQA analysis. Based on this review Consultant will prepare a refined Project Description and preliminary Purpose and Need statement 67 01107.0006/958405.1 A
that reflects current project objectives, updated design alternatives, and relevant changes in regulatory context, while maintaining continuity with previously vetted environmental work.
Consultant will facilitate an Environmental Scoping Meeting with City staff to review the refined Project Description, confirm the alternatives to be evaluated under CEQA, and establish the scope of environmental analysis moving forward. The meeting will focus on identifying where prior environmental work can be relied upon, where updates or supplemental analyses may be required, and how to structure the CEQA document to efficiently address project changes while minimizing redundancy. The discussion will also address anticipated environmental constraints, sensitive resources, regulatory coordination considerations, and integration of engineering assumptions into the environmental analysis. Outcomes of the scoping meeting will be documented and used to finalize the Project Description, Purpose and Need, and environmental assumptions that will guide preparation of the Environmental Strategy Memorandum and initiation of technical studies.
1.6 Environmental Strategy Memorandum
Based on the kick-off meeting and environmental scoping meeting outlined in Tasks 1.1 and 1.5, prior environmental documentation, and desktop research, Consultant will prepare an Environmental Strategy Memorandum identifying:
• Preliminary recommendation regarding CEQA document type(Initial Study/Mitigated Negative Declaration or
• Environmental Impact Report).
• Anticipated environmental technical studies.
• Key constraints and regulatory risks.
• Anticipated NEPA class of action (for planning purposes only). • Proposed permitting approach.
• Administrative record protocol.
• Develop a detailed, task-based project schedule integrating design and environmental milestones
Deliverables
• · Kick-off Meeting Minutes
• · Draft and Final Environmental Strategy Memorandum
• · Utility Conflict Matrix
·
Task 2: 30% Preliminary Engineering Design Package
2.1 Refine and Evaluate Alignment Alternatives
Based on the information gathered and topographic survey collected in Task 1, Consultant will develop the three (3) alternatives for Railroad Ave between Main Street and Mariana Boulevard and refine the alignments to support evaluation and environmental documentation. Consultant will prepare preliminary horizontal and 68 01107.0006/958405.1 A
vertical alignment concepts for three (3) alternatives and develop the supporting roadway layout elements necessary to understand the physical characteristics and constraints of each alternative. Consultant will evaluate the refined alternatives developed as part of this task to identify relative differences in geometrics, anticipated right of way requirements, utility conflicts, drainage considerations, construction costs, and assess constructability constraints. The evaluation will also consider the extent to which each alignment alternative is anticipated to satisfy applicable permitting requirements and accommodate input from regulatory agencies and other identified stakeholders, based on available information and early coordination.
Consultant will prepare the alignment alternative concepts for coordination with City staff and incorporation into the CEQA environmental document. Consultant will also prepare conceptual engineering estimates for each alignment alternative. Consultant will coordinate with the City to review the alternatives to be carried forward for further design development. Final selection of the preferred alignment alternative will be made by the City.
2.2 Preliminary Structure Design
2.2.1 30% Structure Engineering Design
At this time it is assumed that a Standard Plan box culvert structure will be a suitable structure for this location based on the presence of a triple box culvert structure located approximately 300 feet east of the proposed crossing.
2.2.2 Structure Preliminary Geotechnical Report (SPGR)
Consultant’s subconsultant, PARIKH, will prepare one Structure Preliminary Geotechnical Report (SPGR) for the proposed structure at Union Avenue Creek. The report format will follow Caltrans guidelines (“Foundation Reports for Bridges,” January 2026). No field explorations are proposed in the scope for this preliminary evaluation.
PARIKH will review the published geologic maps and available as-built boring data, including as-built Log of Test Borings from Caltrans Digital Archive of Geotechnical Data (GeoDOG) website and other Agency records if any, in the project vicinity.
Generally, the geotechnical issues relevant to the proposed structure will be presented qualitatively, with no specific design recommendations. The SPGR will discuss potential geotechnical and geologic impacts and mitigation measures on a broad basis, including, but not limited to, geology, subsurface conditions, groundwater, as-built data, and seismic hazards for the proposed structure. The SPGR will also discuss the appropriateness of different foundation types and the anticipated scope and types of fieldwork and testing that may be required to complete the geotechnical investigation based on the proposed alternative and preliminary plans provided by the designer. Subsequently, a detailed Foundation Report would be required during the Plans, Specifications, and Estimate (PS&E) phase.
69 01107.0006/958405.1 A
2.3 30% Engineering Design, Estimate, and Specifications Outline For the preferred alignment selected by the City in Task 2.1, Consultant will prepare the 30% plans, technical specification list, and preliminary engineer’s Opinion of Probable Construction Cost (OPC). The intent of the 30% design will be to convey the proposed scope of improvements and to identify challenges and conflicts with existing conditions.
The 30% plans will include plan and profile drawings, typical roadway sections, a preliminary intersection layout for the tie-in to Main Street, the proposed connection to the existing Railroad Avenue and Marina Boulevard, preliminary grading and drainage, and conceptual structure layout for the bridge or box culvert crossing over Union Avenue Creek. The plans will also identify anticipated right of way requirements and utility conflicts based on available record information, field observations, and coordination performed in Task 1.
Plans will be developed based on the City’s Standard Plans, Caltrans 2025 Standard Plans, the 2026 California Manual on Uniform Traffic Control Devices (MUTCD), and the California Highway Design Manual (HDM). Consultant will prepare an outline of anticipated technical specifications based on the 2025 Caltrans Standard Specifications.
Consultant will prepare an Engineer’s OPC based on preliminary quantities. Costs will be developed utilizing unit cost information from recent contractor bids for similar projects within the greater Bay Area region. Consultant will coordinate with the City to review the 30% submittal and will update the plans based on one (1) set of reasonable and consolidated City comments.
Deliverables
• Three (3) Alignment Alternative Concepts (PDF)
• Structure Preliminary Geotechnical Report (PDF)
• 30% Engineering Design Plans for preferred alt. (PDF) • 30% Opinion of Probable Construction Cost (PDF and Excel) • 30% Specifications Outline (Word and PDF)
• Responses to City comments on 30% Submittal (PDF)
Task 3: CEQA Environmental Documentation and Technical Studies
3.1 Noise Study
The noise study will quantify both construction and operational noise levels, as well as construction vibration. The analysis will examine whether the project noise would generate a substantial temporary or permanent increase in ambient noise levels in the project’s vicinity in excess of applicable standards. The following outlines Consultant’s approach:
• Existing Conditions and Regulatory Setting. Noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site. A site visit will be conducted, and noise level measurements will be taken along the project area. The noise monitoring survey will be conducted at up to five separate 70 01107.0006/958405.1 A
locations (approximately four short-term measurements and one long-term measurement) to establish baseline noise
levels in the project area. Noise recording lengths are for the short-term measurements are anticipated to require approximately 15 minutes at each location and the long-term measurement is anticipated to be approximately 24-hours.
• Construction Noise. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence. Noise impacts from construction sources will be analyzed based on the anticipated equipment, construction phase duration, and typical equipment specifications. The noise analysis will examine whether construction noise would generate a substantial temporary increase in ambient noise levels in the vicinity of the project in excess of City standards.
• Vibration. An analysis of construction vibration impacts will be based on the Federal Transit Administration’s (FTA) vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area, specific construction activities, and Noise Ordinance specifications. The analysis will examine whether the project would generate excessive groundborne vibration or noise.
• Mobile Source Noise. Traffic noise will be assessed using the U.S. FHWA Traffic Noise Model. Traffic noise levels associated with the Existing, Future No Build, and Future Build conditions will be evaluated. The analysis will take into consideration impacts to frequent outdoor uses, as defined by FHWA, and recommend mitigation as appropriate. Recommendations will be made for any required noise abatement measures, including sound walls. The noise analysis will examine whether operational noise would generate a substantial increase in ambient noise levels in the vicinity of the project in excess of City standards.
As the project would construct a new arterial roadway segment on a new alignment (approximately 1,500 feet); create a new four-way intersection tied into the SR-12 on- ramp; add new through lanes; and introduce new traffic where roadway infrastructure does not currently exist, it is anticipated to be a Type I project under 23 CFR 772 (subject to final confirmation by Caltrans and FHWA if NEPA is initiated). A Type I project under 23 CFR 772 requires a full federal traffic noise analysis. A NEPA-level noise study report will be prepared in accordance with the Caltrans Traffic Noise Analysis Protocol (TNAP) and the Caltrans SER. The noise study report will use the modeling from the CEQA analysis as a basis and provide supplemental analysis to meet Caltrans and FHWA noise standards and reporting requirement.
3.2 Air Quality Report
Consultant will assess air quality emissions in accordance with the Bay Area Air District’s recommended methodologies set forth in the CEQA Air Quality Handbook. 71 01107.0006/958405.1 A
The analysis will be prepared in accordance with the CEQA criteria, standards, and provisions. The following outlines our approach:
• Existing Conditions/Regulatory Framework. The project is located within the San Francisco Bay Area Air Basin, which is under the jurisdiction of the Bay Area Air District. Baseline meteorological and air quality data developed through the California Air Resources Board (CARB) will be utilized for the description of existing ambient air quality. Air quality data from the nearest air quality monitoring station will be included to help highlight existing air quality local to the project area.
• Construction Emissions . Consultant will calculate construction emissions using California Emissions Modeling (CalEEMod) software. Emissions will be calculated based on the project’s scope and assumptions regarding construction equipment and scheduling, and associated vehicle trips. The air pollutant emissions during construction will be compared to the Bay Area Air District thresholds of significance. Construction-related mitigation will be identified as necessary.
• Operational Emissions. Consultant will quantify the project’s mobile source emissions based on traffic study projected volumes and the air quality emissions associated with the increase in traffic capacity. If applicable, the operational emissions analysis will consider improved travel times and emissions due to traffic congestion improvements. The quantification of operational emissions will depend on the availability of traffic congestion and travel time data.
• Localized Emissions. The localized effects of project emissions on nearby sensitive receptors will be evaluated based on the proposed roadway alignment and changes to traffic volumes, congestion, and travel time data. It is not anticipated that the proposed roadway widening would accommodate a substantial number of trucks, however trucks and vehicles would potentially be located closer to new receptors. Therefore, a quantitative construction and operational health risk analysis is proposed. Carbon monoxide hotspots at intersections will be evaluated qualitatively. Consultant will identify potential Toxic Air Contaminant (TAC) sources based on Bay Area Air District mapping and methodologies. The quantitative impact analysis involves the following:
o Construction DPM emissions rates will be derived from on- and off-road emissions quantified in the Air Quality Report.
o Operational DPM sources during operations will be quantified based on CARB’s emissions factors and anticipated truck activity on the new roadway segment. DPM emissions will be based on the truck trip percentages and daily trip rates and fleet mix from the Transportation Assessment.
72 01107.0006/958405.1 A
o Construction and operational pollutant concentrations will be projected at the nearest sensitive receptors and worker receptors using the U.S. EPA AERMOD dispersion modeling software.
o ·The modeled concentrations will be used to determine the increase in cancer risk, as well as the chronic health impacts due to DPM exposure.
The increased cancer risk and health hazard will be calculated following the methodology in the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) Air Toxics Hot Spots Program Risk Assessment Guidelines - The Air Toxics Hot Spot Program Guidance Manual for Preparation of Health Risk Assessment.
• Odors. Consultant will provide a qualitative odor analysis from the construction and operation of the proposed project.
• Plan Consistency. Project consistency will be evaluated against the Bay Area’s Air Quality Management Plan (AQMP). Attainment Plan consistency is primarily concerned with the long-term influence of a project on air quality in the Air Basin.
If federal funding is pursued and NEPA compliance is required, the proposed roadway extension project would not be exempt under 40 CFR §93.126 and would be subject to applicable transportation conformity requirements. Additionally, as the project site is in a federal nonattainment area for ozone and PM2.5, transportation conformity would apply.
If NEPA analyses are needed, it is assumed that the project would be programmed in the RTP and TIP. A NEPA-level air quality report will be prepared in accordance with FHWA and Caltrans Standard Environmental Reference (SER) guidance, building upon the CEQA air quality study. This may include refinement of modeling assumptions, additional documentation of conformity determinations, or supplemental analysis to address federal thresholds and reporting formats.
3.3 Cultural Resources Studies
3.3.1 Area of Potential Effects (APE) Map
As a subconsultant to Kimley-Horn, Cogstone will develop an APE Map in compliance with Caltrans guidelines. Cogstone will prepare and submit draft APE map for review and approval by Client.
3.3.2 Historical Property Survey Report (HPSR)
Cogstone will prepare the HPSR to summarize the results of the ASR for State Historic Preservation Office (SHPO) concurrence. The HPSR will summarize the project description, APE, research and identification of cultural resources, consultation efforts with interested public parties and Native American tribes, and document the proposed effects findings, as appropriate. The HPSR, which will be prepared in accordance with 73 01107.0006/958405.1 A
Caltrans’ SER Volume 2, includes two rounds of response to comments and preparation of a final HPSR.
3.3.3 Archaeological Survey Report (ASR)
Cogstone will prepare an ASR once the APE Map has been approved. The ASR will consist of a California Historical Resources Information System (CHRIS) cultural resources records search, a Sacred Lands File search from the Native American Heritage Commission (NAHC), geoarchaeological sensitivity analysis, background research, Native American consultation support, and an intensive pedestrian survey of exposed ground surfaces within the APE. Cogstone will include time to respond to comments and revise the report. Key tasks include:
• Cultural Records Search: Cogstone will request a CHRIS records search for cultural resources within a one-mile radius of the Project area from the Northwest Information Center (NWIC). A review of all relevant archival records (e.g., historic maps and aerials) will be conducted, and all site records will be obtained. • Sacred Lands File Search: Cogstone will request a Sacred Lands File search from the NAHC. Note: The response time for results from the NAHC is currently taking approximately 8 weeks.
• Background Research: Cogstone will conduct research to develop brief contexts for prehistoric, ethnographic, and historic resources.
• Section 106 Consultation Support: Cogstone will provide consultation support to meet the requirements of Section 106, if requested. Tasks will include assistance in communicating with the Native American individuals, groups or Tribes provided by the NAHC regarding the project. Cogstone will maintain a log of a minimum of three attempts to obtain comments. All letters will be sent via United States Postal Service (USPS) Certified Mail.
• Assembly Bill (AB) 52 Consultation Support: Cogstone will assist the City in meeting AB 52 requirements by drafting consultation letters to those Tribes that have previously requested notification from the City regarding projects within the City’s jurisdiction and within the Tribe’s traditional use area, if requested.
Cogstone will follow-up two times and send consultation closing letters to each Tribe. All letters will be sent via USPS Certified Mail. • Geoarchaeological Sensitivity Analysis: Cogstone will conduct a geoarchaeological sensitivity analysis to determine the sensitivity for subsurface archaeological deposits.
• Survey: Cogstone will provide a qualified archaeologist to conduct an intensive pedestrian survey of the entire APE. Consultant assumes no archaeological resources will require recording or updating on Department of Parks and Recreation 523 (DPR 523) forms.
o ASR Prepare the ASR in accordance with Volume 2 (Cultural) of Caltrans’ Standard Environmental Reference (SER) Handbook. o Three rounds of responses to comments and final ASR are included.
3.4 Biological Resources Studies
74 01107.0006/958405.1 A
As a subconsultant to Kimley-Horn, Sequoia will provide field surveys and reporting for fulfillment of the Biological Resource Assessment and Wetland Delineation and Assessment requirement under Task 3 of the Request for Proposals, dated March 5, 2026.
Accordingly, Sequoia proposes the following methodology:
Prior to performing fieldwork Sequoia staff will perform an initial analysis of the Project’s habitats and the potential for listed species to occur by conducting a review of the California Department of Fish and Wildlife’s California Natural Diversity Database and RareFind 5; California Native Plant Society’s database; U.S. Fish and Wildlife Service (USFWS) proposed and final Critical Habitat; USFWS Information, Planning, and Consultation System; USFWS Endangered and Threatened Species List; USFWS National Wetlands Inventory; U.S. Geological Survey topographic maps and other available aerial photography; and additional relevant resources. The results of this desktop analysis will be used to focus the subsequent surveys. Information gathered will help determine whether there are potential special-status plant species, animal species, or habitat that occur within the project area or zone of influence of project-related activities and which regulations apply to the Project.
Sequoia will conduct a reconnaissance-level survey and aquatic resources delineation.
Sequoia will note sensitive biological resources or potential habitat for special-status species. This survey will include, at a minimum, an assessment of potential habitat for any special-status species with potential to occur on site from the results of the desktop review. Following survey completion, Sequoia will author a NES Report following the Caltrans Standard Environmental Reference template format and an Aquatic Resource Delineation Report (ARDR). The ARDR will provide detailed information regarding the potentially jurisdictional aquatic features observed within the project site. Sequoia will prepare a NES Report following the Caltrans Standard Environmental Reference template format. The NES will evaluate all observed biological resources and provide avoidance and minimization measures for resources with potential to occur in or near the project site. The NES will include mapping indicating the locations of suitable habitat for federally protected species. It will also include avoidance and minimization measures to minimize the project’s impacts/effects to biological resources.
3.5 Hydraulics Report and Location Hydraulic Study
Task 3.5.1. Hydraulics Report
Consultant will prepare a Hydraulics Report to inform the project’s preliminary structure type selection and conceptual layout.
Consultant will build upon FEMA’s effective HEC-RAS model for Union Avenue Creek to evaluate flow depths, flow velocities, and floodplain extents at the proposed Railroad Avenue crossing under effective, existing, and proposed conditions for the 100- and 500- year storm events. One (1) existing condition model will be developed by updating the 75 01107.0006/958405.1 A
effective model with site-specific survey information and supplemented with publicly available regional LiDAR data provided by the United States Geological Survey (USGS) as necessary. Effective model cross section spacing, hydraulic input parameters, and roughness regions will be updated as necessary to conform with best modelling practices.
One (1) proposed condition model will be developed to assess hydraulic impacts associated with the recommended alignment.
Since the project does not propose to modify watershed scale hydrology, effective model flow rates will be utilized.
Prior to development of the proposed condition HEC-RAS models, preliminary box culvert design will be completed in HY-8 software based on design guidance provided in Chapter 3.1 of the 1999 Solano County Water Agency Hydrology Manual. One (1) set of calculations will be completed for the proposed culvert based on the recommended alignment. The proposed crossing at Union Avenue Creek is mapped within Zone AE and Zone X under the effective FEMA Flood Insurance Rate Map (FIRM). A Zone AO (Depth 1) SFHA is mapped immediately downstream of the proposed crossing but is not anticipated to be impacted by the proposed improvements. While base flood elevations (BFEs) are defined at the proposed crossing, no regulatory floodway is mapped within the vicinity of the site. Consultant assumes that the proposed improvements will be developed to incur less than 1 foot of rise in the modelled 100-year storm water surface elevation relative to existing conditions.
Assumptions
• Consultant will conduct one (1) site visit to observe existing drainage and hydraulic conditions at the proposed crossing, including flow paths, channel characteristics, and adjacent overbank features. Observations from the site visit will be used to inform work completed under this and subsequent tasks. • The FEMA effective model for Union Avenue Creek will be obtained from the FEMA Effective Data Library, with data request fees paid by the City. If the effective model cannot be obtained from available sources for any reason, this scope will be revisited.
• This scope assumes that the effective FEMA model was developed in a one- dimensional (1D) format using HECRAS software and will be compatible with the current software version. If this is not the case, this scope will berevisited.
Significant reformatting, reconstruction, or re-digitization of model geometry is not included in this task.
• Preliminary box culvert capacity calculations in HY-8 software will utilize 10- and 100-year storm event flow rates found in the FEMA effective HEC-RAS model for Union Avenue Creek. If the 10-year event is not included in the model, this scope will be revisited.
• FEMA’s effective HEC-RAS model for Union Avenue Creek includes both the 100- and 500-year storm event flow profiles. If the 500-year event is not included in the model, only the 100-year event will be analyzed. 76 01107.0006/958405.1 A
• This task assumes that no coordination with FEMA will be required in the form of a CLOMR and/or LOMR, or any other format. It is assumed that this work will be completed in the future for the selected design alternative. • This task assumes up to one (1) round of review from the City. Response to comments from other jurisdictions is not included. Up to 77 hours of effort will be provided to coordinate with the City’s floodplain administrator and to address comments from review. Additional effort needed will be considered an added service.
Task 3.5.2. Location Hydraulic Study
Consultant recognizes that a Location Hydraulic Study (LHS) and Summary Floodplain Encroachment Report (SFER) are required to be completed for the proposed project and submitted to Caltrans for review. Consultant understands that the proposed project will not be classified as a “significant encroachment” as defined by 23 CFR 650.105, and as such a complete Floodplain Evaluation Report (FER) will not be required. The LHS evaluates the proposed project’s impact on effective FEMA Special Flood Hazard Areas (SFHA) and the SFER summarizes relevant outcomes from the LHS analysis. Both the LHS and SFER will utilize standard forms found on the Caltrans Standard Environmental Reference (SER) online repository. Technical data used to develop the LHS and SFER will be sourced from the project’s hydraulic modelling described in Task 3.5.1.Consultant will develop a written narrative to accompany the LHS and SFER standard forms for the purpose of providing additional context regarding the proposed project.
Assumptions
• It is assumed that the findings of the LHS and SFER will support the conclusion that the proposed project does not represent a “significant encroachment” and is considered to be consistent with existing watershed and floodplain management programs, and thus a formal Floodplain Encroachment Report (FER) is not required. If this is not the case, this scope will be revisited. • Hydrologic, hydraulic, scour, or floodplain modelling is not included in this task. • This task assumes up to one (1) round of review from the City. Response to comments from other jurisdictions is not included. Up to 37 hours of effort will be provided to address comments from review. Additional effort needed to address comments will be considered an added service.
3.6 Traffic Impact Study
Data Collection. The consultant team will coordinate with the City to identify existing and future study intersections, with up to six (6) intersections included for analysis.
Mainline SR 12 segments will be evaluated between Marina Boulevard and Pennsylvania Avenue. Traffic data will be collected during typical weekday peak periods (6:00–9:00 AM and 4:00–7:00 PM) at all study intersections, along with 24-hour counts over seven (7) consecutive days at three (3) locations to support model validation and characterization of travel patterns. Data collection will include vehicular volumes, truck 77 01107.0006/958405.1 A
percentages, and non-motorized traffic, including bicycle and pedestrian activity, supplemented by field observations documenting intersection operations, queue lengths, and overall traffic conditions. Additional data sources, including INRIX data and Google congestion maps, will also be incorporated.
Analysis Software . Traffic operations will be evaluated using Synchro software. This software is capable of estimating intersection Level of Service (LOS), vehicle delays, average and 95th percentile queue lengths.
Existing Conditions Analysis and Calibration. Existing conditions will be analyzed using the collected traffic data within the Synchro modeling environment. Model parameters will be iteratively refined until calibration is achieved for both AM and PM peak hours, based on consistency between modeled and observed demand versus served volumes, LOS, vehicle delays, and queue lengths. An Existing Conditions Technical Memorandum will be prepared and submitted for review and approval prior to advancing to future conditions analysis.
Traffic Forecasting . Future traffic forecasts will be developed using the latest Solano Napa Activity-Based Model (SNABM). Prior to forecasting, base-year model validation will be conducted to confirm model reliability, including review of network coding, Traffic Analysis Zone (TAZ) structure, and land use inputs. Upon validation, future forecasts will be prepared incorporating project conditions, and traffic volumes will be refined using the delta method consistent with guidance from the National Cooperative Highway Research Program. The resulting volumes will be used in intersection and corridor operational analyses.
Future Operational Analysis (No-Build and Build Conditions). Operational analyses will be conducted for both project opening year and design year conditions under No- Build and Build scenarios using the forecasted volumes and calibrated Synchro model.
Signal timing and phasing will be optimized to reflect future conditions, and the evaluation will include intersection performance, corridor operations, and network-level performance measures. Comparisons between scenarios will be conducted to identify the preferred alternative, and bicycle and pedestrian circulation will also be considered.
Results will be summarized for reporting.
Traffic Operations Analysis Memorandum (TOAM). A TOAM will be prepared to document the existing conditions, model calibration, traffic forecasts, future operational analysis, and study conclusions. The draft report will be circulated for review, and revisions will be incorporated to address comments prior to finalization.
Vehicle Miles Traveled (VMT) Analysis. In accordance with California Senate Bill 743 (Steinberg, 2013), a Vehicle Miles Traveled (VMT) analysis memorandum will be prepared using travel demand modeling. The project influence area will be defined, and VMT will be evaluated for both No-Build and Build scenarios for cumulative conditions. 78 01107.0006/958405.1 A
The memorandum will be circulated for review and incorporated into the CEQA documentation.
Traffic Volumes for Air Quality and Noise Analysis . Traffic volumes, including peak- hour, peak-period, and daily volumes, will be developed and provided to support air quality and noise analyses.
3.7 Initial Site Assessment (ISA)
A Phase I Initial Site Assessment (ISA) report was prepared by Michael Baker International, dated September 2016. PARIKH will prepare an updated Phase I Initial Site Assessment (ISA) report. Generally, the ASTM recommends a one mile radius/distance range along the alignment for data search. The objective of the ISA will be to determine the presence or likely presence of any hazardous substances or petroleum products within the project limits.
Tasks consist of data collection and document research, including historical land use based on aerial photographs, topographic maps, and other relevant documents, as well as a site reconnaissance. Data will be ordered from Environmental Data Research, Inc. (EDR Inc.). No field exploration involving soil or material disturbance, or testing, is included in this phase of the work.
3.8 Administrative Draft CEQA Document
Consultant will prepare a draft Initial Study document utilizing the technical studies noted above to include the following sections:
• Introduction. This section will introduce the Initial Study, describe the purpose of the Initial Study and determination for the preparation of the appropriate environmental document and will provide a brief summary of the findings of the updated Initial Study.
• Project Description. The project description will provide a detailed, yet concise, description of the proposed project. Any discretionary actions needed to implement the project will be identified. The project description will also include an environmental setting component to detail the baseline physical setting and characteristics of the project site, as well as the setting and character of adjacent land uses and the surrounding area.
• Environmental Analysis. This section will provide an expanded discussion of the environmental issues as presented in the City’s Environmental Initial Study checklist. Each checklist question will be presented and discussed. The initial study and environmental checklist will include the following 20 environmental issue areas included in the CEQA Guidelines Environmental Checklist:
I. Aesthetics II. Agricultural and Forest Resources III. Air Quality IV. Biological Resources V. Cultural Resources VI. Energy 79 01107.0006/958405.1 A
VII. Geology and Soils VIII. Greenhouse Gas Emissions IX. Hazards and Hazardous Materials X. Hydrology and Water Quality XI. Land Use and Planning XII. Mineral Resources XIII. Noise XIV. Population and Housing XV. Public Services XVI. Recreation XVII. Tribal Cultural Resources XVIII. Transportation/Traffic XIX. Utilities and Service Systems XX. Wildfire
• Mandatory Findings of Significance. This section of the document will provide a discussion of the project’s impacts, as they relate to the mandatory findings of significance under CEQA. Similar to the discussion in the Environmental Analysis section, a response will be presented for each of the Mandatory Findings of Significance questions, as found in the Initial Study Checklist. Any mitigation measures developed to reduce adverse impacts will also be identified. • Appendix. Technical Studies prepared for the project will be included as an appendix to the document.
Once the Administrative Draft Initial Study is completed, it will be presented to the City for review and comment. Consultant will review the findings with the City to validate the direction of environmental document to be prepared (Mitigated Negative Declaration is anticipated). Consultant will prepare a 2nd Administrative Draft IS/MND in response to one consolidated set of comments from the City on the Administrative Draft Initial Study.
Consultant will prepare a Public Review Draft IS/MND in response to one consolidated set of comments from the City and one consolidated set of comments from the Client on the 2nd Draft IS/MND. Consultant will prepare and submit a first draft Mitigation Monitoring and Reporting Program (MMRP) to the City with the 2nd Administrative Draft IS/MND. In response to one consolidated set of comments from the City on the First Draft MMRP, Consultant will also prepare and submit a Second Draft MMRP to the City.
3.9 Distribution of Draft CEQA Document for Public Review and Public Meeting
Consultant will upload the IS/MND to CEQAnet and file the IS/MND with the County Clerk, on behalf of the City. Consultant will draft the Notice of Completion (NOC) and Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (NOI), for posting with the IS/MND. This scope assumes all fees will be paid by the City.
Consultant will print up to three hard copies of the IS/MND, for delivery to the City. This scope assumes the City would distribute the hard copies of the IS/MND, as appropriate.
3.10 Final CEQA Document
In response to comments received from the public during circulation, Consultant will prepare a Final IS/MND. Consultant will prepare draft responses to comments received on the IS/MND, for City review. This task includes revisions to the Final MND in response to one round of City comments. This scope assumes up to 50 hours of 80 01107.0006/958405.1 A
Consultant staff time for this task. It is assumed that the City will file and post the Notice of Determination.
Deliverables
• Draft Hydraulic Report and Electronic Modelling Files • Final Hydraulic Report and Electronic Modelling Files • Draft LHS Form, SFER Form, and Written Narrative
• Final LHS Form, SFER Form, and Written Narrative
Task 4: Agency Coordination and Permitting Strategy
4.1 Caltrans Coordination
Consultant will coordinate with Caltrans regarding the anticipated work within or adjacent to Caltrans right-of-way and the associated access-control requirements that will impact the proposed new intersection of Railroad Avenue extension with Main Street and the SR 12 on-ramp. Consultant will review available Caltrans guidance and standards applicable to the proposed design and access control and will coordinate with the City to prepare materials necessary to support early discussions with Caltrans. Consultant will participate in coordination meetings with Caltrans, as directed by the City and up to the number of hours budgeted, to present conceptual design information, discuss design assumptions, and identify key requirements, constraints, and the appropriate Caltrans approval process that should be considered as the Project advances to final design.
Consultant will document the outcomes from discussions with Caltrans. Coordination efforts under this task are intended to support alignment selection, CEQA environmental documentation, and future permitting strategy. This task does not include the preparation or submittal of Caltrans approval documents, technical studies, or permits. It is assumed that the preparation of the required approval documents that follow the Quality Management Assessment Process (QMAP) or Encroachment Permit Office Process (EPOP) will be scoped in a future phase of the project, based on the results of preliminary discussions with Caltrans.
4.2 Stakeholder/Agency Coordination and Permit Support
As part of this task, Consultant will coordinate with public agencies and identified stakeholders having jurisdiction over, or an interest in, the project to support preliminary engineering development and environmental documentation, including the City of Fairfield and the Suisun City Housing Authority. Consultant will assist the City with preparing conceptual materials and technical summaries to support coordination discussions and will participate in coordination meetings, as directed by the City and up to the number of hours budgeted. These efforts are intended to identify key requirements, constraints, and considerations that should be accounted for during alignment evaluation and 30 percent preliminary engineering design.
Consultant will document coordination activities and summarize agency and stakeholder input received. Applicable comments and requirements will be incorporated into the 81 01107.0006/958405.1 A
refinement of alternatives, preliminary design assumptions, and environmental documentation, as directed by the City. Coordination activities under this task are intended to support informed City decision making and provide continuity as the Project advances into subsequent phases.
Consultant will coordinate with Sequoia to support identification of potential environmental permits, mitigation measures, and agency approvals that may be required for project implementation. Consultant and Sequoia will utilize the findings from the environmental technical studies described under Task 3.4 to evaluate potential permitting considerations associated with the project, including those related to aquatic resources, biological resources, and construction within or adjacent to Union Avenue Creek.
Consultant, with support from Sequoia, will identify anticipated permit types, regulatory thresholds, and key environmental constraints that should be considered during alignment refinement and preliminary engineering.
Sequoia will assist Consultant by performing early consultation with relevant regulatory agencies, which may include the California Department of Fish and Wildlife, the Regional Water Quality Control Board, and the United States Army Corps of Engineers, as directed by the City and up to the number of hours budgeted. Early consultation efforts will focus on confirming permitting pathways, identifying potential mitigation considerations, and understanding agency concerns that could influence project design or environmental documentation. Consultant will document agency consultation activities and summaries of key coordination outcomes. Relevant agency input will be incorporated into the environmental strategy, alignment evaluation, and preliminary engineering assumptions, as directed by the City, to support informed decision making and continuity into subsequent project phases. This task does not include preparation or submittal of permit applications, negotiation of permit conditions, formal agency approvals, or development of final mitigation plans.
Deliverables
• Noise Study Report
• Air Quality Report
• APE Map
• HPSR
• ASR
• NES-MI
• Deliverables from 3.5.1
• Deliverables from 3.5.2
• Existing Conditions
• Technical Memorandum
• Traffic Operations Analysis
• Memorandum
• VMT Analysis
• Memorandum
82 01107.0006/958405.1 A
• ISA
• 1st and 2 nd
• Administrative Draft
• IS/MND
• Public Review Draft
• IS/MND
• Final IS/MND
Task 5: Public Outreach and Hearing Support
5.1 Outreach Materials
Consultant will prepare and provide outreach materials in digital format with visuals that help explain the project which can also be translated into up to two languages (English and Spanish), as directed by the City. These materials include web content, fact sheets, meeting flyers, and digital communications for newsletters and social media. Consultant also
recommends using customizable QR codes on materials to track and measure engagement.
5.2 Public Meeting Attendance and Support
Consultant will attend and provide technical support at up to two (2) public meetings (one in-person and one virtual) related to the project, as directed by the City. Consultant will prepare the presentations and prepare City staff with talking points. Support may also include presenting project information during the meetings, responding to technical questions, and assisting City staff with explaining preliminary engineering and environmental concepts. Consultant’s role during public meetings will be limited to providing technical assistance and support. Facilitation of meetings and public hearing procedures will be led by the City.
Deliverables
· Online digital outreach materials
· Public Meeting Presentations
Task 6: Project Management and Quality Assistance/Quality Control Consultant will conduct this task throughout the duration of this project’s preliminary engineering and environmental clearance phase (Tasks 1 - 5), which is assumed to be up to 14 months based on an assumed project start date of September 2026. Should the design duration extend past 14 months, additional budget may be necessary. Consultant will establish project-specific procedures, in consultation with the City, related to team communication and conduct overall project coordination with the City, stakeholders, and the project team.
6.1 Project Administration and Invoicing
83 01107.0006/958405.1 A
Consultant will prepare and submit monthly invoices and progress reports documenting services performed during the preceding month, organized by task. The monthly report and invoice will include a summary of activities performed, budget status by task, task percentage of completion, project estimate at completion (EAC), issues identified/resolved during the billing period, and anticipated work during the next Period.
Support documentation for direct expenses and subconsultant charges will also be included in the invoices. Consultant will actively manage contract costs and monitor budget performance and will promptly notify the City of any potential budget or scope issues requiring coordination or direction.
6.2 Meeting Preparation and Attendance
Consultant will prepare and attend bi-weekly meetings with the City to stay aligned on critical action items, make decisions, and collaboratively strategize to keep the project on schedule. Consultant assumes that these meetings can take place virtually via a video conference call. Consultant has assumed up to 30 half-hour meetings. In addition to the bi-weekly
progress meetings, this task assumes a total of eight one-hour focus meetings with the City and other stakeholders, as needed, to resolve specific technical issues related to design or environmental.
6.3 Quality Control/Quality Assurance (QC/QA) Plan
Consultant’s project manager, Prasanna Muthireddy, PE, will work with Consultant’s QC/QA manager, Michele Johnson, PE, to document internal quality assurance and quality control procedures for design and environmental deliverables on the project.
QC/QA activities will consist of internal reviews performed by qualified staff not directly responsible for preparation of the deliverable being reviewed. Reviews will be conducted at key milestones as determined appropriate by Consultant based on the nature and level of development of each deliverable. QC/QA reviews are built into Consultant’s time and effort for
the relevant design submittal tasks.
Deliverables
• Monthly Invoices
• Progress Reports
• Bi-weekly Meeting Notes
84 B-1
01107.0006/958405.1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
85 C-1
01107.0006/958405.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates: Refer to rates in the following page.
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudg et to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.
III. The City will compensate Consultant for the Services perform ed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all the work performed, the numbe r of hours worked, and the hourly rate.
B. Line items for all materials and equipment prope rly charged to the Services.
C. Line items for all other approved reimbursable e xpenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
86 C-2
01107.0006/958405.1
Schedule of Compensation
87 D-1
01107.0006/958405.1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall submit a baseline, task-based milestone schedule for all Services to the Contract Officer within fifteen (15) days after the date of the Notice to Proceed. Upon written approval by the Contract Officer, the approved baseline schedule shall constitute the “Schedule of Performance” for all purposes under this Agreement, including Sections 3.1, 3.2, and 3.4.
II. Consultant shall submit an updated schedule monthly with each invoice and progress report required under Task 6.1 of Exhibit “A”. No schedule update shall modify the Schedule of Performance except as approved in writing by the Contract Officer pursuant to Section 3.2.
88 AGENDA ITEM NO. 13.
AGENDA TRANSMITTAL
MEETING DATE:
October 20, 2026
AGENDA ITEM:
Council Adoption of Resolution No. 2026-___: Authorizing the City Manager to Execute a Grant Agreement with the State of California Department of Parks and Recreation Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange (SAVE) Program.
FISCAL IMPACT:
The Surrendered and Abandoned Vessel Exchange (SAVE) program grant will provide $13,000 for the removal and disposal of surrendered, abandoned, and nuisance vessels. In anticipation of receiving this funding, an appropriation for this purpose was included in the FY2026-27 Budget. The grant requires that the City provide a 10% match, and this will be met by the provision of in-kind services, primarily consisting of the Recreation Manager’s time, which is included in the current budget.
STRATEGIC PLAN:
Sustainability and Stewardship.
BACKGROUND:
The Suisun City Marina needs a funding source to deal with abandoned, derelict and nuisance vessels in the marina and in waterways located within the City. Removal of abandoned watercraft from the marina and City waterways would beautify the marina, open up additional slip options for potential renters, improve boating safety by reducing navigational hazards, and reduce potential environmental dangers. In order to facilitate these activities, the City applied to the state for a SAVE grant.
By providing funds for the removal of abandoned vessels and providing a vessel surrender program, the SAVE program grant would be both reactive and proactive. The SAVE program grant may be used for recreational vessels only. Grant funds may not be used for commercial vessels.
STAFF REPORT:
The Surrendered and Abandoned Vessel Exchange (SAVE) program grant funds are comprised of a combination of grant funds from the Abandoned Watercraft Abatement Fund (AWAF) and the Vessel Turn-In Program (VTIP), and grant funds may be used by the City for either purpose. Most cities with marinas and/or public waterways participate in the SAVE Program.
Abandoned vessels, as defined by Harbors and Navigation Code section 522 (a), can be removed by the SAVE program grant funds. The City has been receiving SAVE Grant funding since 2017 to remove derelict vessels, and the majority of funding was utilized. The City continues to have demand for derelict vessel removal and the State recognized the need to continue funding for the Suisun Marina.
No vessel would be removed without the City first making every effort to contact and work with the owner of the vessel. Owners of the vessels would be given ample time to address issues pertaining to their vessel. Removal of a vessel would only occur when all other efforts to remedy the situation have been exhausted.
In addition to the removal of abandoned vessels, the SAVE program grant would enable the City to administer a surrendered vessel program. This program would provide a low-cost alternative for boat owners who may otherwise consider abandoning a boat. Boat owners would be required to show proof 89 that they are the registered owner and sign a release of interest in the boat.
The City’s grant application for a SAVE program grant was approved in the amount of $13,000. The grant term would be from October 1, 2026 through September 30, 2028. Since the grant application has been approved by the state, it requires the City Council pass a Resolution authorizing the execution of the agreement and naming the signatory of the contract.
STAFF RECOMMENDATION:
It is recommended that the City Council:
1 .
Adopt Resolution No. 2026-__: Authorizing the City Manager to Execute a Grant Agreement with the State of California Department of Parks and Recreation Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange (SAVE) Program.
PREPARED BY:
Joseph Gatmen, Recreation Manager - Marina &
Special Events
REVIEWED BY:
Janet Hull - Recreation, Parks and Marina Director
APPROVED BY:
Bret Prebula - City Manager
ATTACHMENTS:
1. Resolution Save Program
2. SAVE-2026 Program Grant Agreement
90 RESOLUTION NO. 2026 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT
WITH THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION DIVISION OF BOATING AND WATERWAYS FOR THE
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) PROGRAM
WHEREAS, the City of Suisun City has applied to the California Department of Parks and Recreation Division of Boating and Waterways for grant funds to provide for the removal and disposal of surrendered, abandoned, and nuisance vessels; and WHEREAS, the Surrendered and Abandoned Vessel Exchange (SAVE) program grant funds are comprised of a combination of grant funds from the Abandoned Watercraft Abatement Fund (AWAF) and the Vessel Turn-In Program (VTIP), and grant funds may be used by the City for either purpose; and
WHEREAS, the Division of Boating and Waterways has approved the application for grant funds in the amount of $13,000; and
WHEREAS, the grant requires that the City provide a 10% match that may be met by the provision of in -kind services, primarily consisting of the Recreation Manager’s time which is included in the current budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Suisun City hereby authorizes the City Manager to take all steps necessary to effectuate and execute the SAVE program grant agreement with the California Department of Parks and Recreation Division of Boating and Waterways.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Suisun City duly held on Tuesday, the 20th day of October, 2026, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
WITNESS my hand and the seal of said City this 20th of October, 2026.
Anita Skinner
City Clerk
91 State of California – Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
DIVISION OF BOATING AND WATERWAYS
GRANT AGREEMENT - CERTIFICATE OF FUNDING
GRANTEE: City of Suisun City
GRANT TITLE: SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE-26) GRANT AMOUNT: $13,000.00
GRANT NUMBER: C26S0627
GRANT TERM: October 1, 2026 (or the date signed by the department, whichever comes later) through September 30, 2028
The Grantee agrees to the terms and conditions of this agreement, hereinafter referred to as Agreement, and the State of California, acting through its Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to fund the total State grant amount indicated below and in Exhibit F which is a part of the agreement consisting of: Exhibit A “Project Representatives”, Exhibit B “Grant Terms and Conditions”, Exhibit C “General Terms and Conditions”, Exhibit D “Grantee Certification Clauses”, Exhibit E “Darfur Contracting Act”, Exhibit F “Application/Scope of Work”.
Grantee:
City of Suisun City
Address: 800 Kellogg Street,
Suisun City, CA 94585 9458
Authorized Signature:
Printed Name:
Title of Authorized
Representative:
Date:
Agency: Department of Parks and Recreation
Division of Boating and Waterways
ATTN: Gina Disney
Address: 4940 Lang Ave., Dock H,
Administration, Floor 12
McClellan, CA 95652
Authorized Signature:
Printed Name: Keren Dill
Title:
Staff Services Manager II
Date:
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 1 of
4242
92 CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
GRANTEE: City of Suisun City
GRANT TITLE: FY 2026/27 Surrendered and Abandoned Vessel Exchange (SAVE) GRANT AMOUNT: $13,000.00
GRANT NUMBER: C26S0627
END DATE: September 30, 2028
AGREEMENT NO
C26S0627
AMENDMENT NO
SUPPLIER ID
0000012988
PROJECT NO
3790OTHER
AMOUNT
ENCUMBERED BY
THIS DOCUMENT
$13,000.00
FUND DESCRIPTION
Abandoned Watercraft Abatement Fund (AWAF)
AGENCY BILLING CODE NO
053709
REPORTING
STRUCTURE
37900709
Approp. Ref. Fund
3790-101-0577
CHAPTER
19 STATUTE
2026
FISCAL YEAR
2026/27
BUSINESS UNIT
3790
PROGRAM
2855023
ACTIVITY CODE
69997
ACCOUNT
5432000
ALT ACCOUNT
5432000000
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 2 of
4242
93 STATE OF CALIFORNIA
Department of Parks and Recreation, Division of Boating and Waterways P.O. Box 942896, Floor 12
Sacramento CA 94296
_________________________________________________________________________________
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE)
FISCAL YEAR 2026/27
EXHIBIT A - PROJECT REPRESENTATIVES
The services shall be performed in the jurisdiction of: City of Suisun City State Agency:
Division of Boating and Waterways
Grantee (Agency Name):
City of Suisun City
Name: Gina Disney Grantee Representative*: Joseph Gatmen Title: Grants Program Manager Title: Harbor Manager
Address:
4940 Lang Ave., Dock H, Administration, Floor 12
McClellan, CA 95652
Mailing Address:
800 Kellogg Street,
Suisun City, CA 94585 9458
Remit to Address:
Phone: (916) 902-8821 Phone: (707) 720-0223
Fax: Fax:
Email: [email protected] Email: [email protected] Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 3 of
4242
94 INDEX
DESCRIPTION PAGE
EXHIBIT B GRANT TERMS AND CONDITIONS
1. PURPOSE OF THE PROGRAM 6
2. RIGHT OF INSPECTION 7
3. ANNUAL MEETING 7
4. TIMELINES 7
5. HAZARDOUS MATERIALS 7
6. TITLES AND LIENS 7
7. GRANTEE CITATIONS - ABANDONED VESSELS 7
8. MEDIA 7
9. MEDIA MATERIALS RELEASE 8
10. PERMITS AND DOCUMENTATION 8
11. SECURING OF BIDS 9
12. CONTRACTS WITH SERVICE PROVIDERS 9
13. SUBCONTRACTORS 9
14. TRAFFIC CONTROL AND TRAFFIC SAFETY 9
15. AIR OR WATER POLLUTION VIOLATION 9
16. ENTIRE AGREEMENT 9
17. APPROVAL OF AGREEMENT AND AMENDMENTS 9
18. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT 10
19. AUTHORITY TO CONTRACT 10
20. COMPLIANCE WITH LAW AND REGULATIONS 10
21. INDEPENDENT CONTRACTOR 10
22. INSURANCE REQUIREMENTS 10
23. TERMINATION 13
24. ASSIGNMENT 13
25. MATCHING 10% REQUIREMENT 13
26. BUDGET DETAIL AND PAYMENT PROVISIONS 14
27. BUDGET CONTINGENCY CLAUSE 16
28. INDEMNIFICATION 16
29. FUNDS ASSIST 17
30. 90-DAY RETURN OF GRANT DOCUMENTS TO DBW 18
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 4 of
4242
95 31. ANTI-CORRUPTION 18
32. AQUATIC INVASIVE SPECIES 18
EXHIBIT C GENERAL TERMS AND CONDITIONS 19
EXHIBIT D GRANTEE CERTIFICATION CLAUSES 23
EXHIBIT E DARFUR CONTRACTING ACT 27
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 5 of
4242
96 EXHIBIT B - GRANT TERMS AND CONDITIONS
SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM
1. PURPOSE OF THE PROGRAM:
a. Pursuant to its authority under Harbors and Navigation Code (HNC) section 525(1)(a), the Division of Boating and Waterways (DBW) wishes to contract with Grantee for the removal and disposal of:
(1) Abandoned property as described in HNC 522 (below) within Grantee’s jurisdiction as listed in Exhibit A.
HNC Section 522: “Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon publicly owned submerged lands, salt marsh, or tidelands within the corporate limits of any municipal corporation or other public corporation or entity having jurisdiction or control over those lands, without its consent expressed by resolution of its legislative body, for a period longer than 30 days without a watchman or other person being maintained upon or near and in charge of the property, is abandoned property.”
(2) Surrendered vessels as defined in HNC 526.1
HNC Section 526.1: “surrendered vessel” means a recreational vessel that the verified titleholder has willingly surrendered to a willing public agency under both of the following conditions:
(a) The public agency has determined, in its sole discretion, that the vessel is in danger of being abandoned, and therefore has a likelihood of causing environmental degradation or becoming a hazard to navigation.
(b) The decision to accept a vessel is based solely on the potential of the vessel to likely be abandoned and cause environmental degradation or become a hazard to navigation.”
(3) Wrecked or dismantled vessels, or parts thereof, or any other partially submerged object that pose a substantial hazard to navigation, from navigable waterways or adjacent public property, or private property with the landowner’s consent.
b. The funds provided under this Agreement shall not be utilized for surrender, abatement, removal, storage, or disposal of commercial vessels. Commercial vessels include those vessels for which the most recent registration or documentation was commercial, even though that registration or documentation may have lapsed. c. If Grantee is reimbursed for the costs related to the surrender, abatement, removal, storage, and/or disposal of an eligible water hazard by the registered or legal owner or other person or entity known to have an interest in the water hazard, then the water hazard shall no longer be eligible for funding under this Agreement. Grantee shall notify DBW in writing of such reimbursement and shall return all funds disbursed by DBW to Grantee with respect to such water hazard immediately. d. Vessels listed in Exhibit F Application/Scope of Work are considered solely a demonstration of the agency’s need for funding, not an approval that the individual Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 6 of
4242
97 vessels are eligible for SAVE funding.
2. RIGHT OF INSPECTION
Grantee shall allow DBW and other state agency representatives, at any reasonable time, to inspect any site where Grantee or its subcontractors are performing work under this Agreement.
3. ANNUAL MEETING
Grantee’s representative or alternate shall participate in an annual grant management and regional coordination one-day video or phone conference conducted by DBW during the term of this agreement.
4. TIMELINESS
Grantee agrees to complete the scope of work submitted in its application in a timely fashion.
5. HAZARDOUS MATERIALS
Grantee shall be responsible for securing any necessary or prudent studies, permits, or authorizations associated with treatment, removal, storage, or any other handling of hazardous substances including, but not limited to, toxic waste, petroleum waste, asbestos, and similar substances, prior to the removal of any vessel and water hazard pursuant to this Agreement.
Grantee shall be responsible for the proper and lawful handling, abatement, removal, storage, and/or disposal of any hazardous substances encountered in the execution of this Agreement.
6. TITLES AND LIENS
a. Abandoned vessels: Grantee shall comply with all relevant provisions of the Harbors and Navigation Code regarding notices, hearings and liens in the performance of this Agreement. Grantee (in conjunction with local law enforcement) shall conduct a title search for all vessels presumed to be abandoned, as provided by Harbors and Navigation Code section 526.
b. Surrendered vessels: Grantee shall comply with all relevant provisions of Harbors and Navigation Code section 526.1 in the performance of this Agreement, requiring that a surrendered vessel be that of the “verified titleholder.” c. Surrendered vessel ineligibility:
(1) Vessels owned, possessed, or controlled by auto dismantlers, salvagers, towing companies, mechanics, repair facilities, boatyards, or similar repair businesses as a result of unpaid repair charges or related activities are not eligible for surrender through the SAVE program.
(2) Vessels that have sunk, become submerged or otherwise require being raised from the water are not eligible for surrender through the SAVE program without prior written approval from DBW.
d. Grantee shall comply with all Department of Motor Vehicles notification requirements related to the disposal of vessels and trailers.
7. GRANTEE CITATIONS - ABANDONED VESSELS
Grantee shall, in accordance with HNC 525(a–c), issue the last registered vessel owner a citation for abandoning a vessel and impose a fine of not less than $1,000 nor more than $3,000 for violation of this section. And shall seek every legally available method to have them Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 7 of
4242
98 pay for the removal and disposal of their abandoned vessel.
8. MEDIA
Grantee agrees to acknowledge DBW’s financial support whenever work funded by this Agreement is publicized in any news media, brochures, or other type of promotional material.
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 8 of
4242
99 9. MEDIA MATERIALS RELEASE
Grantee agrees to irrevocably grant to California State Parks, Division of Boating and Waterways, its employees, officers, agents, and assigns (hereinafter referred to as “DBW”), the non-exclusive, royalty-free, perpetual and worldwide right and permission to use, reproduce, publish, copy, distribute, alter, license, adapt, and display the photographs, motion pictures, caption information, and/or written quotes (hereinafter referred to collectively as “Photographs”), that the Grantee has submitted to DBW for art, editorial, advertising, marketing, trade, broadcast, print, educational programs, or any other lawful purpose whatsoever, in any and all media. In connection with the foregoing license, the Grantee agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in a manner that tends to subject DBW or its Abandoned Watercraft Abatement Fund Grants (AWAF), Vessel Turn In Program (VTIP) and/or Surrendered and Abandoned Vessel Exchange (SAVE) programs to ridicule, disparagement, mockery, satire, or that could tarnish the image of the DBW’s AWAF, VTIP, and/or SAVE programs. Grantee hereby releases and discharges DBW from any and all claims and demands arising out of or in connection with the use of the Photographs, including without limitations, any and all claims for libel, defamation, invasion of privacy, and/or publicity rights. DBW assumes no responsibility for lost or damaged Photographs or for the use of same. DBW may sell, assign, license, or transfer all rights granted to it hereunder.
Grantee also grants DBW and its licensees the unrestricted right to use and disclose its name in connection with use of the Photographs. The Grantee understands that it will not be paid for any use or right granted herein.
Grantee understands and agrees that the Photographs may be used in whole or in part, at any time. The license granted herein to DBW includes the right and permission to conduct or have conducted such alterations to the Photographs as DBW deems necessary. Grantee releases and discharges DBW and agrees to indemnify and hold DBW harmless from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, loss or damage, whether intentional or otherwise, that may occur in the use of the Photographs. Grantee waives any right to inspect or approve any finished product, advertising or other copy that may be used in connection therewith or the use to which it may be applied.
Grantee declares and avows that the Photographs it is submitting to DBW are its own original work in all respects. Grantee is the sole and exclusive owner of the Photographs; they are free, clear, and unencumbered. No part of them is taken from or based on any other work; no part infringes the copyright or any other right of any person; and the reproduction, publication, exhibition, or any other use by DBW of the Photographs in any form whatever will not in any way, directly or indirectly, infringe on the rights of any person. Grantee agrees to indemnify and hold DBW harmless from and against any and all loss, damage, costs, charges, legal fees, recoveries, judgments, amounts paid in settlement, penalties, and expenses that may be obtained against, imposed on, or suffered by DBW by reason of (1) any violation or infringement of any proprietary right or copyright; or (2) any libelous or unlawful matter contained in the Photographs. Grantee also agrees to indemnify and hold DBW harmless for any such amounts arising from its breach of any covenant, representation, or warranty of this agreement.
10. PERMITS AND DOCUMENTATION
Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel, Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 9 of
4242
100
Grantee shall obtain all necessary permits, authorizations, and documentation necessitated by any applicable provision of law.
11. SECURING OF BIDS
Grantee shall comply with any applicable laws and regulations governing the competitive bidding process when awarding subcontracts under this Agreement. Grantee, upon request, must make available to DBW procurement documents such as requests for proposal, invitations for bid and independent cost estimates.
12. CONTRACTS WITH SERVICE PROVIDERS
All contracts/executed agreements with service providers for which grantee will request reimbursement must be in writing and shall be executed (signed) prior to commencement of any and all work completed. Upon request, grantee shall provide DBW copies of all executed agreements with service providers who are performing work funded by this SAVE grant.
13. SUBCONTRACTORS
Grantee agrees that it shall guarantee and shall be responsible for ensuring that any and all of its contractors and subcontractors hold a valid business license and carry general commercial liability insurance coverage sufficient to fully insure against any and all risks of hazardous activities associated with the work to be performed under this Agreement; and Grantee agrees that if any of Grantee’s contractors or subcontractors fail to fulfill any of these requirements, that Grantee itself carries general commercial liability insurance coverage sufficient to fully insure against any and all risks of hazardous activities associated with the work to be performed under this Agreement, whether performed by the Grantee, Grantee’s contractor(s), or Grantee’s subcontractor(s). Upon request, grantee shall provide DBW with a certificate of insurance from any contractor(s) and subcontractor(s). Grantee’s agreement number (C26SXXXX) must appear on the certificate of insurance.
14. TRAFFIC CONTROL AND TRAFFIC SAFETY
Grantee shall provide for adequate traffic control and safety measures at any site where Grantee and its subcontractors will perform any work under this Agreement.
15. AIR OR WATER POLLUTION VIOLATION
Grantee warrants that it is not (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to any cease and desist order not subject to review issued pursuant to Water Code section 13301 for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
16. ENTIRE AGREEMENT
This Agreement consists of the terms of this Agreement and all attachments, which are expressly incorporated herein. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required.
17. APPROVAL OF AGREEMENT AND AMENDMENTS
This Agreement and any variation thereto is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Commencement of performance prior to approval of this Agreement will be at the Grantee’s own risk.
18. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT There are no Disabled Veteran Business Enterprise participation requirements with this Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 10 of
4242
101
agreement.
19. AUTHORITY TO CONTRACT
Grantee must provide DBW with evidence of its authority to enter into this Agreement.
Grantee may provide a delegation of contracting authority from its local governing body that by law has authority to contract. Alternatively, Grantee shall provide DBW with a resolution, order, motion, or ordinance of its local governing body that by law has authority to contract, authorizing execution of this Agreement.
20. COMPLIANCE WITH LAW AND REGULATIONS
Grantee and its subcontractor(s) shall comply with all applicable laws and regulations of the State of California for all work to be performed under this Agreement. By signing this Agreement, Grantee certifies its compliance and the compliance of all subcontractors with:
(a) applicable provisions of the California Environmental Quality Act; (b) Nondiscrimination Program requirements of Government Code section 12990 (a-f) and Title 2, California Code of Regulations, section 8103 (and section 8113 in contracts over $5,000) along with section 7285 et. seq. of the Fair Employment and Housing Act; (c) Drug-Free Workplace requirement of Government Code section 8350 et seq.; (d) National Labor Relations Board Certification of Public Contract Code section 10296; (e) Workers’ Compensation requirement of Labor Code section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U.S.C. section 12101 et seq.
21. INDEPENDENT CONTRACTOR
Grantee and its employees are independent contractors and shall not be considered officers or employees of DBW or agents of the State of California.
22. INSURANCE REQUIREMENTS
The abatement, removal, storage, and /or disposal of vessels under this Agreement is a hazardous activity. Grantee therefore must maintain commercial general liability insurance in an amount and of a type acceptable to DBW and to the Department of General Services/ Office of Risk and Insurance Management (ORIM).
a. GENERAL PROVISIONS APPLYING TO ALL POLICIES
(1) Coverage Term
Coverage needs to be in force for the complete term of the Agreement. Any new insurance must still comply with the original terms of the grant and be provided to DBW upon request.
(2) Policy cancellation or termination & notice of non-renewal Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to the DBW. In the event Grantee fails to keep in effect at all times the specified insurance coverage, the DBW may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.
(3) Deductible
Grantee is responsible for any deductible or self-insured retention contained within their insurance program.
(4) Primary clause
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 11 of
4242
102
Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. (5) Insurance carrier required rating
All insurance companies must carry a rating acceptable to ORIM. If the Grantee is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required by DBW or ORIM.
(6) Endorsements
Any required endorsements requested by the DBW must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. (7) Inadequate Insurance
Inadequate or lack of insurance does not negate the Grantee’s obligations under the Agreement.
(8) Use of Subcontractors
In the case of Grantee’s utilization of subcontractors to complete the contracted scope of work, Grantee shall include all subcontractors as insured’s under Grantee’s insurance or supply evidence of subcontractor’s insurance to the State when requested equal to policies, coverages, and limits required of Grantee.
b. INSURANCE REQUIREMENTS
(1) Commercial General Liability
The Grantee shall maintain general liability on an occurrence form with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent subcontractors, products, completed operations, personal and advertising injury, and liability assumed under an insured agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Grantee’s limit of liability. The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the agreement."
This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.
In the case of Grantee’s utilization of subcontractors to complete the contracted scope of work, Grantee shall include all subcontractors as insured’s under Grantee’s insurance or supply evidence of insurance to the State equal to policies, coverages and limits required of Grantee. (2) Automobile Liability
The Grantee shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 12 of
4242
103
liability arising out of a motor vehicle including owned, hired and non- owned motor vehicles.
(3) Watercraft Liability
The Grantee shall maintain watercraft liability insurance with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of the maintenance and use of any watercraft (owned, hired or non-owned). The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed that is connected with or related to the activities contemplated in this Agreement." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.
(4) Workers Compensation and Employers Liability
The Grantee shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer’s liability limits of $1,000,000 are required. The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under agreement with the State. A Waiver of Subrogation or Right to Recover endorsement in favor of the State must be attached to certificate.
If applicable, Grantee shall provide coverage for all its employees for any injuries or claims under the U.S. Longshoremen’s and Harbor Workers’ Compensation Act, the Jones Act or under laws, regulations, or statutes applicable to maritime employees. By signing this agreement, Grantee acknowledges compliance with these regulations.
c. ENVIRONMENTAL/POLLUTION LIABILITY
Grantee shall maintain Pollution Liability for limits not less than $1,000,000 occurrence covering the Grantee’s liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred arising out of the work or services to be performed under this agreement. The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the agreement." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.
Coverage shall be provided for both work performed on site and during transportation as well as proper disposal of hazardous materials.
d. SELF INSURANCE
If the Grantee is self-insured for a portion or all of its insurance, the Grantee shall provide evidence of self-insurance when requested by DBW. Review of financial information including a letter of credit may be required. The DBW reserves the right to request financial information.
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 13 of
4242
104
e. STATEMENT OF INSURANCE COVERAGE:
Grantee certifies and agrees that they have all required insurance coverages as stated in the grant agreement, which will be in effect for the entire term of the agreement.
Approver initials : Date:
Name:
Title:
23. TERMINATION
a. DBW may terminate this Agreement for any reason upon thirty (30) days written notice to Grantee.
b. If the Grantee fails to keep the required insurance in effect at all times during the term of this agreement, DBW may, in addition to other remedies it may have, terminate this agreement upon two days' written notice.
c. DBW may, by two-day written notice to Grantee and without any prejudice to its other remedies, terminate this agreement because of failure of Grantee to fulfill any of the requirements of this agreement.
d. Upon receipt of any notice terminating this Agreement, Grantee shall immediately discontinue all removal and disposal activities affected, unless the notice directs otherwise. In such event, DBW shall pay Grantee only for removal and disposal activities completed prior to the termination date.
24. ASSIGNMENT
This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the form of a formal written amendment.
25. MATCHING 10% REQUIREMENT
a. Section 525(C) of the Harbors and Navigation Code states, “A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10% contribution from the local agency receiving the grant.”
b. The 10% contribution is in addition to funds awarded in the grant and may be made by cash and/or in-kind contributions from agency’s personnel hours (net hourly rate only with no benefits included) for work completed directly toward SAVE program objectives. Other SAVE-related expenses may be used with advance DBW approval in writing.
c. If using personnel hours for in-kind match, only net, raw hours will be accepted, and verification of in-kind contribution is required with reimbursement request(s). This in- kind contribution must be paid with local funding. State funds may not be used in any way - directly, indirectly, or as pass-through funds. The statement of in-kind hours must be on the form provided by DBW through the Online Grants Application (OLGA), or available upon request, and must include:
(1) Activity date
(2) Vessel/issue name or description
(3) Personnel name
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 14 of
4242
105
(4) Description of SAVE program service provided
(5) Number of hours provided by each person (may not exceed more than 8 hours per person per day.)
(6) Hourly rate and total value
d. The burden of proof in complying with the 10-percent contribution requirement is the responsibility of the grantee. Funds will not be disbursed until the grantee has provided DBW with acceptable documentation that it complied with the 10-percent contribution requirement for each disbursement.
26 BUDGET DETAIL AND PAYMENT PROVISIONS
a. Covered Expenses and Reimbursement Claims Processes
(1) Rates charged by the Grantee’s service providers, contractors, or subcontractors shall be pre-negotiated with the Grantee and documented in writing. DBW will reimburse the following contract-negotiated rate expenditures provided by Grantee’s contracted service providers, contractors and/or subcontractors, within the scope of the SAVE program for abandoned vessels:
(a) Raising of submerged vessels from shallow waters. Depth of water over obstruction at low water must be 15 feet or less; objects submerged more than 15 feet at low water are not eligible without prior DBW approval.
(b) Mast and/or rigging removal if vessel is in waters greater than 15 feet deep at low water.
(c) Vessel removal from accessible locations
(d) Hazardous materials (hazmat) removal and disposal
(e) Towing
(f) Storage
i. Without lien sale: 60 days maximum
ii. With lien sale: 90 days maximum with justification
iii. If stored onsite at Grantee’s facility, 100% of the normal rate of charge to the public may be used to satisfy the 10% in kind match requirement, and fee schedule is required for verification.
(g) Lien sale expenses: fees charged by lien sale service companies, postage, DMV fees, and advertising costs
(h) Public notice advertising
(i) Vessel appraisal
(j) Salvage and demolition
(2) Rates charged by the Grantee’s service providers, contractors, or subcontractors shall be pre-negotiated with the Grantee and documented in writing. DBW will reimburse the following contract-negotiated rate expenditures provided by Grantee’s contracted service providers, contractors and/or subcontractors, within the scope of the SAVE program for surrendered vessels:
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 15 of
4242
106
(a) Vessel and/or hazardous material removal and disposal (b) One tow to destruction site
(c) Demolition
(d) Raising of submerged surrendered vessels may only be reimbursed with DBW’s advanced written approval
(3) Other expenses may be considered with advance written approval from DBW.
(4) Ineligible expenses include hand tools, consumables, grantee direct staffing, time and materials from subcontractors, etc. without prior written approval from DBW.
b. For Reimbursement, submit one (1) hard copy and one (1) electronic copy of each reimbursement claim form and all supporting documentation to:
Division of Boating and Waterways
PO Box 942896, Floor 12
Sacramento, CA 94296
Attention: SAVE Unit
Email: [email protected]
c. Reimbursement claim forms:
Reimbursement claim forms are available in DBW’s Online Grant Application System (OLGA) or upon request. Grantee must sign and date each reimbursement claim form electronically or in blue ink and submit the following supporting documentation to DBW:
(1) Invoices from service providers, contractors and/or subcontractors to Grantee:
Invoices must contain the following:
(a) Name and address of Grantee
(b) Contract or invoice number
(c) Description of service performed
(d) Date the service was performed
(e) Location of each service
(f) Vessel name, CF# or HIN# if available; otherwise, description of vessel (2) Proof of payment for all invoices.
The following acceptable forms of proof are:
(a) Cancelled check (with bank’s cancelled stamp on back of check copy) (b) Copy of credit card statement charge slip
(c) Invoices from service provider showing zero balance. (d) Proof of Accounting Clearing House (ACH) or Electronic transfer showing date, amount and transaction confirmation number. (3) 10% in-kind match contribution statement:
(a) If Grantee is matching the 10% requirement with in-kind services, complete the DPR265 Itemized 10% In-kind Contribution Statement located in OLGA or available upon request.
(b) Only net hourly rates will be accepted. Grantee must include verification of net rates with first claim and each time rates change.
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 16 of
4242
107
(4) Photos of vessels (Required)
(a) One photo showing the vessel where it was abandoned and the CF or HIN number (if available). If the CF number is not visible/available, photo must show description used on claim form. Photos of surrendered vessels need to show the CF or HIN number, if available.
(5) For Surrendered Vessels ONLY:
DBW Vessel Release of Interest and Ownership must be completed in its entirety and signed by the vessel owner(s) and the SAVE agency representative This form can be downloaded from OLGA.
One proof of vessel ownership must be provided. This can be a copy of the Certification of Ownership (title/pink slip or Coast Guard document) signed by the owner, DMV registration form, or a DMV issued junk slip. Power of Attorney or DMV issued marina lien documents showing the marina has legal interest are also acceptable. Keep the originals and provide DBW with copies.
The Grantee must obtain a signed DBW Release of Interest form from all known interested parties prior to the removal, destruction, or disposal of any vessel funded under this Agreement. This includes, but is not limited to, any legal owner, registered owner, lienholder, or individual or entity with a documented financial or legal claim to the vessel, including those owing penalties or back taxes.
NOTE: Vessel ownership verification is required; however, it is not required that boat owners bring their registration up to date to surrender their vessel through the VTIP.
(6) DO NOT INCLUDE DOCUMENTATION THAT IS NOT REQUIRED such as incident reports, internal routing forms, accounting journals, etc. d. Submission of fraudulent invoices or other claim documentation is a breach of this Agreement, and shall result in, at a minimum, the forfeiture of all funds provided under this agreement and jeopardize future grant awards by DBW. e. Reimbursement requests and status updates shall be submitted at least quarterly, but not more frequently than monthly. If no reimbursable work has been completed, the Grantee shall submit a status update in lieu of a reimbursement request. f. All final requests for payment must be submitted to DBW no later than forty-five (45) days after the expiration date of the agreement. DBW will not reimburse request(s) received after November 14, 2027.
27. BUDGET CONTINGENCY CLAUSE
a. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, DBW shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to adhere to any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, DBW shall have the option to either cancel this Agreement with no Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 17 of
4242
108
liability occurring to DBW or to offer an agreement amendment to Grantee to reflect the reduced amount.
28. INDEMNIFICATION
DPR shall not be answerable or accountable in any manner for, any loss or expense by reason of any damage or injury to person or property arising out of or related in any way to activities carried out by Grantee, its agents, officers, contractors, subcontractors and/or employees.
Under this Agreement, Grantee shall protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees against any and all actions, claims, and damages to persons or property, penalties, obligations and liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or other organization or person arising out of or in connection with Grantee or Grantee’s contractor’s or subcontractor’s activities hereunder, whether or not there is concurrent passive negligence on the part of DPR, its agents, officers, and/or employees.
29. FUNDS ASSIST
The Funds Assist process enables grantees with unused funds to assist other participating SAVE agencies in need. For up to six (6) months prior to the expiration date of the grant, Funds Assistant is voluntary. Thereafter, at DBW’s discretion, participation shall be mandatory for grantees with anticipated remaining balances. Failure to participate shall negatively affect grantee’s score on future grant applications for a period of up to three (3) years.
The Funds Assist process works as follows:
a. DBW will email all grantees to identify if funding will go unused or if all funding is needed. Grantee shall respond with a confirmation: all funds will be utilized, if all funds will go unutilized and how much, or if funds are needed and how much. DBW will prepare grant amendments to reduce or add funds to grantees as appropriate.
Grantee shall execute amendments in a timely manner.
b. If grant amendments are not possible, DBW may require collaboration and reimbursement between agencies. Specifics for this process will be discussed with participating agencies when needed.
30. 90-DAY RETURN OF GRANT DOCUMENTS TO DBW
Grant agreements issued to the awarded agency must be completed and returned within 90 days of the date of issuance according to the instructions issued by DBW with the grant agreement. If extenuating circumstances prevent the ability of the agency to meet this deadline, approval from DBW must be obtained in writing. DBW retains the right to determine approval or denial of extensions.
31. ANTI-CORRUPTION
Grantees are required to report to DBW any written, suggested, or verbally implied cases whereby a contractor, subcontractor or other service provider increases their fee(s) due to the existence or balance of a SAVE grant in order to increase their fee(s). Such service providers may be investigated for price gouging. If investigated, a two-year history of charges applied to work of all known SAVE grant work by that contractor will be required by DBW for review.
32. AQUATIVE INVASIVE SPECIES
Grantees are required to ensure that they and all their sub-contractors take all necessary Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 18 of
4242
109
precautions to prevent the spread of aquatic invasive species when removing and transporting vessels and other marine debris. At minimum, precautions will include draining all water and ensuring that material is dry prior to transporting from the water to a land-based location.
Guidelines for preventing the spread of aquatic invasive species can be found at:
dbw.parks.ca.gov/mussels.
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 19 of
4242
110
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Grantee may not commence performance until such approval has been obtained.
2. EFFECTIVE DATE:
Effective date means either the start date or the approval date by the Department of General Services (DGS), whichever is later. In cases where DGS approval is not required, this Agreement is of no force or effect until the date of the last DBW signature. No work shall commence until the effective date.
3. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
4. ASSIGNMENT:
This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the form of a formal written amendment.
5. AUDIT:
Grantee agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
6. INDEMNIFICATION:
Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the subcontractor or Grantee in the performance of this Agreement.
7. DISPUTES:
Grantee shall continue with the responsibilities under this Agreement during any dispute.
8. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 20 of
4242
111
herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Grantee under this Agreement and the balance, if any, shall be paid to the Grantee upon demand.
9. RECYCLING CERTIFICATION:
The Grantee shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. GRANTEE shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.(See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Grantee, as provided herein, shall be in compensation for all of Grantee's expenses incurred in the performance hereof, as outlined in Exhibit B, item #24.
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 21 of
4242
112
14. GOVERNING LAW:
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS:
The Grantee by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Grantee shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
(1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of
Section 16750 of the Business and Professions Code.
(2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 22 of
4242
113
compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Agreement Grantee made a commitment to achieve small business participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Agreement Grantee made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Grantee received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Grantee; (4) that all payments under the Agreement have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this agreement involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 23 of
4242
114
EXHIBIT D
GRANTEE CERTIFICATION CLAUSES
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the laws of the State of California.
Grantee Agency Name (Printed)
City of Suisun City
Federal ID Number
94-6000437
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed
Executed in the County of
Solano
GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the person's or organization's policy of maintaining a drug-free workplace; (3) any available counseling, rehabilitation and employee assistance programs; and,
(4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
(1) receive a copy of the company's drug-free workplace policy statement; and, (2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 24 of
4242
115
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two-year period because of Grantee's failure to comply with an order of a Federal court, which orders Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the agreement equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its agreement with the State.
Failure to make a good faith effort may be cause for non-renewal of a state agreement for legal services, and may be taken into account when determining the award of future contracts/agreements with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the Grantee’s compliance with the requirements under paragraph (a).
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 25 of
4242
116
7. DOMESTIC PARTNERS:
For contracts over $100,000 executed or amended after January 1, 2007, the Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY:
For contracts of $100,000 or more, GRANTEE certifies that GRANTEE is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST:
Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (PCC 10410):
No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (PCC 10411):
For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION:
Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 26 of
4242
117
3. AMERICANS WITH DISABILITIES ACT:
Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. GRANTEE NAME CHANGE:
An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. Any changes of the Grantee’s representative shall be notified to DBW within 30 days written notice on Grantee’s letterhead.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the Grantee is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California.
Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all Grantees that are not another state agency or other governmental entity.
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 27 of
4242
118
EXHIBIT E – DARFUR CONTRACTING ACT
If your agency hires a contractor to complete work under this grant, the contractor must fill out and sign the Darfur Contracting Act form prior to execution of the contract. A Sample of The Darfur Contracting Act form is provided on the next page; this form (DGS PD 1) can also be downloaded from the California Department of General Services website.
Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.
A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)).
Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency. (See # 1 on the sample Attachment).
The following sample Attachment may be included in an IFB or RFP to satisfy the Act’s certification requirements of bidders and proposers.
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 28 of
4242
119
EXHIBIT E – DARFUR CONTRACTING ACT
SAMPLE FORM
Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States.
For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; orb) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.
If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.
OPTION #1 - CERTIFICATION
If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.
Company/Vendor Name (Printed)
City of Suisun City
Federal ID Number
94-6000437
By (Authorized Signature) Date
Printed Name and Title of Person Signing
,
OPTION #2 - WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.
We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.
Company/Vendor Name (Printed)
City of Suisun City
Federal ID Number
94-6000437
By (Authorized Signature) Date
Printed Name and Title of Person Signing
,
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 29 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 29 of
4242
120
General
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ 1 Applicant Information
a. Applicant Name City of Suisun City
b. Organizational Unit
c. Address 800 Kellogg Street
d. Address 2
e. City Suisun City State CA Zip 94585-9458
f. Federal ID Number 94-6000437 Unique Entity Id.
g. Agency Type
City
County
Federally or California Recognized Native American Tribe District
Goals and Objectives
Based on an agency's application, DBW will prioritize funding according to agencies demonstrating the greatest need, cost effective methods, and prevention strategies. Additionally, points are awarded for agencies that work with their local private marina owners in the prevention of abandoned vessels. 2 Project Information
a. Project Name Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027
b. Is implementing agency same as Applicant
Yes
No
c. Implementing Agency Name
d. Project Start Date Oct-01-2026 End Date Sep-30-2028
e. Amount of Funds Requested $13,000.00 Project Cost $14,300.00
3. Billing Address
If billing address is different than Applicant and/or Contact, please provide a. Billing Agency
Name:
City of Suisun City
Address: 701 Civic Center Blvd
City: Suisun City State: Californi
a Zip: 94585
Phone: (707) 421-7200
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 30 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 30 of
4242
121
3 Contacts
a.
Project Administrator
Name
Joseph Gatmen
Title
Harbor Manager
Mailing Address
611 Village Drive
City
Suisun City
State
CA
Zip
94585
Telephone
(707) 720-0223
Fax
E-mail Address
[email protected]
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 31 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 31 of
4242
122
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________
1. Minimum Qualifications
1. Does your agency have an enforcement program to address abandoned boats? Yes
No
If Yes, describe
The City of Suisun City follows California Harbors and Navigational code 522 and and under City ordinance Title
21. This information is also present in our contract agreement to tenants. The Marina team works with the police department to prevent illegal dumping and abandoning of vessels. We will attempt to contact registered owners to allow time for compliance before removing vessels out of the water. Our agreement states we are allowed to lein abandoned vessels as a last resort.
Section 21.08.020(B)
Allows the City to order removal of a vessel for violating Title 21
2. Attach ordinance, resolution, or municipal code authorizing your agency's involvement and its jurisdiction for prevention and removal of abandoned vessels and accepting surrendered vessels.
49354_0_106_SC
Marina Ordinance.pdf
3. Has your agency been out of compliance with the terms of any other Department of Parks and Recreation contract or grant agreements within the past 3 years? Yes
No
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 32 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 32 of
4242
123
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________
1. California State Senate Districts
Select one or more of the California State Senate Districts where the proposed project activities will occur. Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Senate district(s).
State Senate 01
State Senate 02
State Senate 03
State Senate 04
State Senate 05
State Senate 06
State Senate 07
State Senate 08
State Senate 09
State Senate 10
State Senate 11
State Senate 12
State Senate 13
State Senate 14
State Senate 15
State Senate 16
State Senate 17
State Senate 18
State Senate 19
State Senate 20
State Senate 21
State Senate 22
State Senate 23
State Senate 24
State Senate 25
State Senate 26
State Senate 27
State Senate 28
State Senate 29
State Senate 30
State Senate 31
State Senate 32
State Senate 33
State Senate 34
State Senate 35
State Senate 36
State Senate 37
State Senate 38
State Senate 39
State Senate 40
2. California State Assembly Districts
Select one or more of the California State Assembly Districts where the proposed project activities will occur.
Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Assembly district(s).
State Assembly 01
State Assembly 02
State Assembly 03
State Assembly 04
State Assembly 05
State Assembly 06
State Assembly 07
State Assembly 08
State Assembly 09
State Assembly 10
State Assembly 11
State Assembly 12
State Assembly 13
State Assembly 14
State Assembly 15
State Assembly 16
State Assembly 17
State Assembly 18
State Assembly 19
State Assembly 20
State Assembly 21
State Assembly 22
State Assembly 23
State Assembly 24
State Assembly 25
State Assembly 26
State Assembly 27
State Assembly 28
State Assembly 29
State Assembly 30
State Assembly 31
State Assembly 32
State Assembly 33
State Assembly 34
State Assembly 35
State Assembly 36
State Assembly 37
State Assembly 38
State Assembly 39
State Assembly 40
State Assembly 41
State Assembly 42
State Assembly 43
State Assembly 44
State Assembly 45
State Assembly 46
State Assembly 47
State Assembly 48
State Assembly 49
State Assembly 50
State Assembly 51
State Assembly 52
State Assembly 53
State Assembly 54
State Assembly 55
State Assembly 56
State Assembly 57
State Assembly 58
State Assembly 59
State Assembly 60
State Assembly 61
State Assembly 62
State Assembly 63
State Assembly 64
State Assembly 65
State Assembly 66
State Assembly 67
State Assembly 68
State Assembly 69
State Assembly 70
State Assembly 71
State Assembly 72
State Assembly 73
State Assembly 74
State Assembly 75
State Assembly 76
State Assembly 77
State Assembly 78
State Assembly 79
State Assembly 80
3. California Congressional Districts
Select one or more of the California Congressional Districts where the proposed project activities will occur.
Copy and Paste the URL (https://www.govtrack.us/congress/members/CA) in your browser to determine the Congressional district(s).
Congressional District 1
Congressional District 2
Congressional District 3
Congressional District 4
Congressional District 5
Congressional District 6
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 33 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 33 of
4242
124
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Congressional District 7
Congressional District 8
Congressional District 9
Congressional District 10
Congressional District 11
Congressional District 12
Congressional District 13
Congressional District 14
Congressional District 15
Congressional District 16
Congressional District 17
Congressional District 18
Congressional District 19
Congressional District 20
Congressional District 21
Congressional District 22
Congressional District 23
Congressional District 24
Congressional District 25
Congressional District 26
Congressional District 27
Congressional District 28
Congressional District 29
Congressional District 30
Congressional District 31
Congressional District 32
Congressional District 33
Congressional District 34
Congressional District 35
Congressional District 36
Congressional District 37
Congressional District 38
Congressional District 39
Congressional District 40
Congressional District 41
Congressional District 42
Congressional District 43
Congressional District 44
Congressional District 45
Congressional District 46
Congressional District 47
Congressional District 48
Congressional District 49
Congressional District 50
Congressional District 51
Congressional District 52
Congressional District 53
4. County
Select one or more of the California Counties where the proposed project activities will occur.
Alameda
Alpine
Amador
Butte
Calaveras
Colusa
Contra Costa
Del Norte
El Dorado
Fresno
Glenn
Humboldt
Imperial
Inyo
Kern
Kings
Lake
Lassen
Los Angeles
Madera
Marin
Mariposa
Mendocino
Merced
Modoc
Mono
Monterey
Napa
Nevada
Orange
Placer
Plumas
Riverside
Sacramento
San Benito
San
Bernardino
San Diego
San Francisco
San Joaquin
San Luis
Obispo
San Mateo
Santa Barbara
Santa Clara
Santa Cruz
Shasta
Sierra
Siskiyou
Solano
Sonoma
Stanislaus
Sutter
Tehama
Trinity
Tulare
Tuolumne
Ventura
Yolo
Yuba
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 34 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 34 of
4242
125
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________
3. Jurisdictional Control
List all waterbodies that are in your jurisdictional control and fill in the chart for each - What are your Primary Responsibilities in your AOR - Objective 4: Existence of an Active Enforcement Program Waterbody
Name
Acres or
square
miles of
this
waterbod
y in your
jurisdicti
on
List all other
agencies who
share
jurisdictional
control of this
waterbody.
Identify which
agency has lead
jurisdiction for
removing
abandoned
vessels and
accepting
surrendered
vessels in this
waterbody.
How often
does your
agency
monitor this
area?
Identify your primary
responsibilities in
this waterbody
Suisun Slough 10 miles Solano County
Sherriff, US Coast
Guard
City of Suisun City bi-weekly Enforcing laws related
to boating and safety
and environmental
protection, responding
to emergency
situations, and
maintaining navigational
waterways
Suisun City Marina
and key water
ways
1 miles Solano County
Sherriff, US Coast
Guard
City of Suisun City daily Enforcing laws related
to boating safety and
environmental
protection, responding
to emergency
situations, and
maintaining navigational
waterways.
4. Staff Dedicated to Abandoned and Surrendered Vessel Activities Staff dedicated to Abandoned and Surrendered Vessel Activities - Objective 4: Existence of an active enforcement program
List the names and titles of staff assigned in their job duties to the removal of abandoned vessels and receipt
of surrendered vessels.
Total number
of hours per
week
dedicated to
removal of
abandoned
vessels
Total number
of hours per
week
dedicated to
receipt of
surrendered
vessels
Total
hours per
week
Trenton Clark - Recreation 2.00 0.50 2.50
Objective 1: Prevention
5. Does your agency accept surrendered vessels?
Yes
No
If so, how many surrendered vessels have you received in the last calendar year?
4 6. Does your agency accept surrendered vessels from outside your jurisdiction?
Yes
No
If not, explain why
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 35 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 35 of
4242
126
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ The following questions have been added to better understand how agencies navigate vessel surrender requests that cannot be accommodated due to state funding limitations. As demand for the SAVE program grows, it is important to assess how agencies are actively connecting the public with alternative disposal resources and communicating the risks associated with vessel transfer or abandonment.
7. When your agency receives vessel surrender requests that exceed available SAVE funding:
a. What education or resources, if any, do you offer vessel owners? We provide boat owners to our vendors as well as listing their boats for buyers. We refer them to our boat dismantlers for end of life vessel dismantle if they are able to bring their vessel to the dismantler's yard. We refer them to two of our vendors located in Pittsburg CA and Woodland CA. b. What other local resources do you refer them to?
We also refer boaters to finding a third party buyer using Facebook Market Place and ebay for those who are interested in either parts or a fixer-upper.
c. When working with boating groups and marinas, how do you address the risks of transferring deteriorating vessels through sale or donation?
As a marina we provide open facts about each tenant boat if there is a sale.
8. Describe your agency’s outreach efforts with local boating groups and marinas to encourage responsible vessel disposal before they become derelict in slips or require emergency removal.
The Suisun City Marina is a City run marina. Information regarding the vessel surrender program is posted on all of our bulletin boards. The marina regular sends out information to all of it's tenants letting them know of the vessel surrender program in the monthly newsletter. We also advertise the vessel surrender program to our local bait shops, yacht club, and special events.
a. How often do outreach efforts occur? Monthly
b. Identify the groups or marinas contacted within the last full year. tenants, yacht club, local bait shop, callers, and walk-ins.
9. Describe how your agency monitors abandoned vessel activity in your jurisdiction. Select all that apply.
Routine patrol of jurisdiction
Visit marinas/dockwalks
Direct contact with boat owners
Check vessel registration
Check seaworthiness (listing, occupancy, trash, bilge running, operable lights) Abandoned vessel mapping and tracking
Multi-agency coordination
Utilize NASA data
Number of methods selected to monitor abandoned vessel activity 6
10. Describe additional methodologies, beyond participation in the SAVE program that your agency employs to prevent abandoned vessels within its jurisdiction? Include any policies, partnerships, outreach or enforcement efforts, and explain how these efforts support long-term prevention.
We utilize an identification and notifcation method to identify abandoned vessels and/or potential abandoned vessels. We notify their owners, allowing them to take corrective action before the owner gets an ordinance violation citation and/or the owners vessel becomes a hazard. Additional methodologies include surveillance cameras and marine patrol unit patrolling to prevent abandonment.
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 36 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 36 of
4242
127
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Objective 2: Control
11. Describe how your agency collaborates with other agencies, organizations, or community members to prevent abandoned vessels from entering your jurisdiction from surrounding areas. Include specific partnerships, coordination efforts, and any ongoing practices or agreements that support early intervention or redirection of at- risk vessels.
The Suisun City Marina is a City-operated facility, and we actively promote the the vessel surrender program through multiple outreach efforts. Program information is prominently displayed on all marina bulletin boards, and we include regular reminders and details in our monthly tenant newlsetters. Over the past calendar year, we also shared information with local boating-related businesses and organizations, including nearby bait shops and the local yacht club. Additionaly, we have promoted the program during community special events to increase public awareness and reach a broader audience of recreational boaters to prevent them from abandoning their vessels.
12. Does your agency have any special circumstances and/or conditions that contribute to abandoned vessels in your jurisdiction? Explain circumstances/conditions.
Yes, the issue of homelessness in both land and waterways within our jurisdiction has contributed to the incidence of abandonment of vessels. Individuals experieincing homelessness purchase derilict boats for use as a dwelling, and subsequently abandon the vessels once they are no longer operational or have been reported as unregistered, leading to an increase in the number of abandon vessels.
Objective 5: SNHAP
Per HNC 525, when evaluating an application DBW shall give greater weight to applicants who have an existing SNHAP.
13. Does your agency have a Submerged Navigational Hazard Abatement Plan (SNHAP)?
Yes
No
If Yes, attach copy. 49366_0_643_SNHAP Plan.docx
14. Summarize the process outlined in your SNHAP for the abatement of navigational hazards. Describe funding sources and strategies used outside of SAVE participation. Your response should address funding, planning and prioritization, and any collaborative approaches used to prevent and remove non-recreational vessel debris.
Responses that only state “See attached plan” will not receive points.
At the Suisun City Marina, regular dock walks and boat patrols are conducted to identify and address non-vessel-related navigational hazards. Small debris is immediately collected and disposed of using available tools such as hooks, nets, and trash grabbers. For larger or submerged hazards, staff locate and identify the obstructin, place a warning buoy if possible, notify the U.S.
Coast Guard for inclusion in the Local Notice to Mariners, and remove the hazard if local resources allow.
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 37 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 37 of
4242
128
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Objective 3: Cost Effectiveness
Has your agency been involved in abatement activities during the past 3 calendar years?
Yes
No
If yes, provide the average cost to remove and destroy vessels in the chart below:
ABANDONED VESSELS AVERAGE
COST
15. Vessels Less Than 30' Less than
$5,000 LAST CALENDAR YEAR
15a. Vessels Less Than 30' Less than
$5,000 LAST 3 CALENDAR YEARS
16. Vessels Greater Than 31' $8,000 -
$12,000 LAST CALENDAR YEAR
16a. Vessels Greater Than 31' $8,000 -
$12,000 LAST 3 CALENDAR YEARS
SURRENDERED VESSELS
17. Vessels Less Than 30' Less than
$3,000 LAST CALENDAR YEAR
17a. Vessels Less Than 30' Less than
$3,000 LAST 3 CALENDAR YEARS
18. Vessels Greater Than 31' Less than
$5,000 LAST CALENDAR YEAR
18a. Vessels Greater Than 31' Less than
$5,000 LAST 3 CALENDAR YEARS
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 38 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 38 of
4242
129
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________
19. If your agency used less than 90% of SAVE funding in any of the last three closed grant cycles, explain why and describe the steps taken to ensure future funds are fully utilized.
We wanted to include a few abandoned vessels for the grant term, but couldn't find all required documents.
There was a handoff in duties as The previous harbormaster/recreation manager has been promoted to our recreation director. The physical copies of some documents were misplaced during the training process. I finished up the grant cycle and communicated back and for with Gina on what documents were needed. Since then I keep all physical copies and scan a digital copy for our department records.
20. Identify the number of personnel currently working in the program with more than two years' experience managing the SAVE program.
2 21. List all new or improved processes, methods or practices that your agency has implemented in the last 24 months to reduce costs associated with the removal and destruction of abandoned and surrendered vessels.
We have done an inspection of our marina vessels and have scored them accordingly to see which ones are at risk. We have attempted to reach out to the owners of those vessels at-risk of sinking. We have a list of vessels that we want to dismantle. We have started to use one of our current contractors to dismantle on site to cut cost instead of full removal from another contractor in Woodland which would require towing.
22. Does your agency have additional funding sources (other than SAVE) for removal and disposal of abandoned vessels in the event you run out of grant funding or are not awarded the full grant request?
Yes
No
If yes, list
23. Does your or a partner agency have vessel storage capabilities that can be used by your agency at no cost to SAVE?
Yes
No
24. Does your agency have access/ability to dispose of vessels at a local or neighboring landfill?
Yes
No
25. What is the number of abandoned vessels in your jurisdiction that will be ready for disposal during this grant period, if awarded?
3 How were these vessels identified?
We scored a list of vessels that were abandoned by tenant/owners for being at-risk of sinking. We have three vessels where owners walked away from their vessels and left them in our marina.
One owner had two vessels in our Marina (42-ft and 32-ft. His 42-ft vessel sunk and we disposed of the vessel via SAVE 23 funds. We had contact with the owner within the last year. His documents fell out of compliance and hasn't made a payment.
We have another vessel that was recently lien sold and are the current lien holder. The owner couldn't make payments and abandoned the vessel in our marina.
26. What is the number of surrendered vessels in your jurisdiction that will be ready for disposal during this grant period, if awarded?
1 How were these vessels identified?
We have a 28-ft vessel that was surrendered to us. Identified by owner's proof of ownership and accepted as we were going to use SAVE 25 funds, but will need to use it for SAVE 26 funding.
27. In the past year, has your agency collaborated with marinas in its jurisdiction to promote responsible vessel ownership, including end-of-life planning and the risks of vessel abandonment?
Yes
No
If yes, please list the marinas involved and briefly describe the collaboration Yes the Suisun City Marina staff are knowledgeable of the SAVE program. We promote the SAVE program as a means for end of life dismantle, but let tenants and inquiries know that each agency is awarded different funds Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 39 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 39 of
4242
130
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ based on the need and ability to use entire funds. We let inquiries know that they can find more information regarding the SAVE grant on the Department of Boating and Waterway's website. We let people know that if we are unable to accept their vessel that there is a list of grantees that they can reach out to as alternatives.
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 40 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 40 of
4242
131
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Budget
List Identified Abandoned Vessels (CF #s)
REPORTED
ON PREVIOUS
SAVE
APPLICATION
?
VESSEL
LENGTH
ESTIMATED
COST
CF 4487TY
Yes
No 32 3,000.00
CF2923GY
Yes
No 43 7,000.00
BLBA05M507767C
Yes
No 34 3,000.00
Total 13,000
List Identified Surrendered Vessels (CF #s)
VESSEL
LENGTH
ESTIMATED
COST
8842SS 28 1,200.00
Total 1,200.00
Estimate Future Abandoned Vessels
Total number
of vessels
APPROXIMATE
VESSEL
LENGTH
ESTIMATED
COST
2 2 <20 2,400.00
Total 2 2,400.00
Justification: We usually get 1-2 abandoned per year. Cost dependent on vessel size and whether or not it has a trailer.
Estimate Future Surrendered Vessels
Total number
of vessels
APPROXIMATE
VESSEL
LENGTH
ESTIMATED
COST
2 2 20' 2,400.00
Total 2 2,400.00
Justification: I receive at least 2 calls for boats to be surrendered per month. I expect to accept an average of 1 boat per every six months for the grant cycle.
TOTAL GRANT 19,000
REQUEST PLUS 10% 1,900
AGENCY MATCH 1,900
TOTAL PROJECT COST 20,900
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 41 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 41 of
4242
132
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________
1. Applicant Certification
Per Harbors and Navigation Code 525 (C) “A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10% contribution from the local agency receiving the grant.” Matching fund may be rendered in cash, or through in-kind contributions which must be verified, and are at the discretion of DBW.
These contributions may include (but are not limited to) the following: administrative costs, personnel hours, removal, and/or storage.
Grant monies WILL NOT be reimbursed by DBW unless 10% match for each reimbursement claim is met. a.
Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s), and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, the information contained herein is true, accurate, correct, and complete. b.
I certify that I am the person authorized to submit this application on behalf of the applicant.
Prepared by: Name: Joseph Gatmen Date: 03/30/2026
Reviewed by: Name: Joseph Gatmen Date: 03/30/2026
Approving Officer: Name: Janet Hull Date: 03/30/2026
Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 42 of
4242Contract # C26S0627, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2026/2027, Date: 09/11/2026 __________________________________________________________________________ Page: 42 of
4242
133
AGENDA ITEM NO. 14.
AGENDA TRANSMITTAL
MEETING DATE:
October 20, 2026
AGENDA ITEM:
Council Adoption of Resolution No. 2026-___: Accepting the 2026 Sewer Rehabilitation Project as Complete and Authorizing the City Manager to Record the Notice of Completion for the Project
.
FISCAL IMPACT:
There was no impact to the General Fund from the construction of 2026 Sewer Rehabilitation Project (Project). Funds came from the Rehabilitation and Replacement Fund (F188) in the amount $295,095.78.
STRATEGIC PLAN:
Public Safety.
BACKGROUND:
On May 5, 2026, the City Council awarded the construction contract to Golden State Construction & Utility, Inc. (Contractor) in the amount of $584,000 with a contingency of $292,000 for a total construction budget of $876,000.
STAFF REPORT:
The Project scope proposed the following work:
Sag repairs on Trumpeter Drive from Trumpeter Court to Labrador Way Sag repair on Prairie Drive in front of 1027 and 1029 Prairie Drive Pipe replacement on Bluejay Drive from Pintail Drive to 802 Bluejay Drive Pipe replacement on Pintail Drive from Woodlark Drive to Bluejay Drive
The latter two pipe replacement items were not completed due to unforeseen soil conditions that made the work more complex. These locations will be incorporated into a future project. The City has received, reviewed, and approved the Contractor’s final invoice. The final construction contract amount is $295,095.78. Contractor has completed the Project in an acceptable satisfactory manner, and it is now appropriate to file the Notice of Completion (NOC) with the County for the Project. Staff recommend accepting the Project as complete and authorizing the City Manager to file and record the NOC with the County which will then start the one-year warranty period on the completed improvements associated with this Project.
STAFF RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2026- ___: Accepting the 2026 Sewer Rehabilitation Project as Complete and Authorizing the City Manager to Record the Notice of Completion for the Project.
PREPARED BY:
Maribel De La Cruz, Associate Engineer
REVIEWED BY:
Nouae Vue, Public Works Director
APPROVED BY:
Bret Prebula, City Manager
ATTACHMENTS:
1. Resolution - 2026 Sewer Rehabilitation Project NOC
2. Notice of Completion
134
135
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY ACCEPTING THE 2026 SEWER REHABILITATION PROJECT AS COMPLETE AND
AUTHORIZING THE CITY MANAGER TO RECORD THE NOTICE OF
COMPLETION FOR THE PROJECT
WHEREAS, on May 5, 2026, the City Council awarded a construction contract to Golden State Construction & Utility, Inc. (Contractor) for the 2026 Sewer Rehabilitation Project (Project) in the amount of $584,000, with a construction contingency of $292,000, for a total approved construction budget of $876,000; and
WHEREAS, the Project scope included a sag repair on Trumpeter Drive from Trumpeter Court to Labrador Way; a s ag repair on Prairie Drive in front of 1027 and 1029 Prairie Drive; pipe replacement on Bluejay Drive from Pintail Drive to 802 Bluejay Drive; and pipe replacement on Pintail Drive from Woodlark Drive to Bluejay Drive; and
WHEREAS, the pipe replacement work on Bluejay Drive and Pintail Drive was not completed due to unforeseen soil conditions that made the work more complex, and these locations will be incorporated into a future project; and
WHEREAS, the Contractor completed the remaining work included in the Project in a satisfactory manner; and
WHEREAS, the City has received, reviewed, and approved the Contractor’s final invoice, and the final construction contract amount for the completed work is $295,095.78; and WHEREAS, it is now appropriate to accept the Project as complete and to authorize the City Manager to file and record a Notice of Completion with the County, which will initiate the one-year warranty period for the completed improvements;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City does hereby accept the improvements completed for the 2026 Sewer Rehabilitation Projec t as complete and authorizes the City Manager to take all necessary actions to execute and record the Notice of Completion.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 20th day of October 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 20th day of October 2026.
Anita Skinner
City Clerk
136
1 WHEN RECORDED MAIL TO:
Name Public Works Department
Street CITY OF SUISUN CITY
Address 701 CIVIC CENTER BLVD.
City & SUISUN CITY, CA 94585
State, Zip
No Fee, per code 27283
NOTICE OF COMPLETION
A.P.N.
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Suisun City
3. The full address of the undersigned is 701 Civic Center Blvd.
Suisun City, CA 94585
4. The nature of the title of the undersigned is: In fee. N/A (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase,” or “lessee.”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NONE
NAMES ADDRESSES
6. The names of the predecessors in the interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to: NONE
NAMES ADDRESSES
(If no transfer made, insert “none.”)
7. A work of improvement on the property hereinafter described was completed on: September 1, 2026
8. The name of the contractor, if any, for such work of improvement was Golden State Construction & Utility, Inc.
(If no contractor for work of improvement as a whole, insert “none.”)
9. The property on which said work of improvement was completed is in the City of Suisun City , County of Solano , State of California, and is described as follows:
2026 Sewer Rehabilitation Project
10. The street address of said property is Trumpeter Drive from Trumpeter Court to Labrador Way and Prairie Drive in front of 1027 and 1029 Prairie Drive,
11. I declare under penalty of perjury the foregoing is true and correct.
Signature of
owner named
Dated: in paragraph 2
By Bret Prebula, City Manager
SPACE ABOVE THIS LINE FOR RECORDER’S USE
137
AGENDA ITEM NO. 15.
AGENDA TRANSMITTAL
MEETING DATE:
October 20, 2026
AGENDA ITEM:
Council Adoption of Resolution No. 2026-____: Recreation, Parks, Marina, and Arts Commission and Staff Recommendation for City Council Approval Suisun City Dental Office Public Art Proposal.
FISCAL IMPACT:
There is no fiscal impact to the General Fund. The applicant is satisfying the required $30,000 public art contribution through the installation of public art at the development site.
STRATEGIC PLAN:
Community Vibrancy and Community Appeal.
BACKGROUND:
On October 15, 2019, the City Council adopted the City’s first Public Art Policy, establishing a framework for incorporating public art into new development and public spaces. On September 7, 2021, the City Council adopted the Percent for the Arts Ordinance, requiring qualifying development projects to contribute 1.5 percent of the project’s construction valuation toward public art through on-site installations, an in-lieu fee, or a combination of both.
The Suisun City Dental Office development has a construction valuation of $2,000,000, resulting in a required public art contribution of $30,000. The applicant has elected to satisfy this requirement through permanent public art installed at the project site.
The proposed public art package was reviewed by the Recreation, Parks, Marina, and Arts (RPMA) Commission on August 4, 2026. The Commission approved the recommendation to forward the proposed public art package to the City Council for final consideration.
STAFF REPORT:
The applicant proposes an integrated public art package consisting of three permanent installations for the Suisun City Dental Office development.
Two installations consist of handcrafted metal wall art designed specifically for the project by Dr. Nare.
The artwork features a lighthouse, waterfront, birds, and the sun and will be fabricated from 2 mm steel with an electrostatic powder-coated finish. One piece will be installed on the west elevation facing Main Street, and the second will be installed on the north elevation facing Lotz Way. Both pieces include integrated LED lighting.
The third installation is a custom-designed steel waterfall fountain with integrated LED lighting. The fountain will be located northeast of the building and will feature the wording “Welcome to Suisun City Waterfront.” The wording was revised from the original proposal of “Welcome to Suisun Downtown” to better align with the City’s waterfront identity and existing downtown signage.
The total estimated value of the three installations is $31,315.79, exceeding the required $30,000 public art contribution.
138
The proposed artwork is permanent, publicly visible, constructed of durable materials, and intended to enhance the visual character of the development and surrounding downtown area. Staff finds the proposed public art package consistent with the City’s Public Art Policy and Percent for the Arts Ordinance.
STAFF RECOMMENDATION:
It is recommended that the Council Adopt Resolution No. 2026- ____: Recreation, Parks, Marina, and Arts Commission and Staff Recommendation for City Council Approval Suisun City Dental Office Public Art Proposal.
PREPARED BY:
Janet Hull, Recreation, Parks and Marina Director
REVIEWED BY:
Janet Hull - Recreation, Parks and Marina
Department Director
APPROVED BY:
Bret Prebula - City Manager
ATTACHMENTS:
1. Reso No. 2026-
Approving the Suisun City Dental Office's Public Art Proposal
2. Art Renderings
139
RESOLUTION NO. 20 26-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY
APPROVING THE SUISUN CITY DENTAL OFFICE PUBLIC ART PROPOSAL WHEREAS, on October 15, 2019, the City Council adopted the City’s Public Art Policy, establishing a framework for incorporating public art into new development and public spaces; and
WHEREAS, on September 7, 2021, the City Council adopted the Percent for the Arts Ordinance, requiring qualifying development projects to contribute 1.5 percent of the project’s construction valuation toward public art through on -site installations, an in -lieu fee, or a combination of both; and
WHEREAS, the Suisun City Dental Office development has a construction valuation of $2,000,000, resulting in a required public art contribution of $30,000; and WHEREAS, the applicant proposes three permanent public art installations with a total estimated value of $31,315.79 to satisfy the required public art contribution; and WHEREAS, on August 4, 2026, the Recreation, Parks, Marina, and Arts (RPM A) Commission reviewed the proposed public art and recommended approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Suisun City hereby approves the Suisun City Dental Office Public Art Proposal as satisfying the development’s required 1.5 percent public art contribution.
PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 20th day of October 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 20th day of October 2026.
Anita Skinner
City Clerk
140
WEST ELEVATION
7'2'-9"
141
NORTH ELEVATION
7'2'-9"
142
143
144
AGENDA ITEM NO. 16.
AGENDA TRANSMITTAL
MEETING DATE:
October 20, 2026
AGENDA ITEM:
Council Adoption of Resolution No. 2026-___: Approving the Mike Day Memorial Park Playground Replacement Project Through the GameTime Cares Playground Grant.
FISCAL IMPACT:
There is no impact to the General Fund. The Project will be funded by a combination of a $58,234.88 GameTime Cares Playground Grant and City Park Development Funds.
The maximum City contribution to the Project, including an approximately 10% contingency, will be $150,000.
STRATEGIC PLAN:
Community Appeal and Sustainability and Stewardship.
BACKGROUND:
Mike Day Memorial Park is a 3.0-acre neighborhood park on Civic Center Boulevard, adjacent to City Hall, the Waterfront Promenade, and the Marina Trail. The park was built in 1991 as part of the City’s Downtown Waterfront redevelopment. Staff believes the existing play equipment is original to the park, making it about 35 years old.
The City’s Parks, Facilities, and Recreation Master Plan, adopted in July 2023, found that the park’s play equipment is “extremely worn and dated” and “requires replacement.” The Master Plan lists new universal access play structures for tots and youth as a recommended priority for the site. After reviewing the City’s remaining Park Development Funds, the Master Plan, and the age and condition of existing playgrounds, staff identified Mike Day Memorial Park as the strongest candidate for this funding opportunity.
Mike Day Memorial Park also serves one of the City’s highest-need neighborhoods. According to the U.S. Census Bureau’s American Community Survey (2020–2024), Census Tract 2527.02 has a median household income of $65,833, about 66% of the statewide median, and a poverty rate of 18.2%, more than double the citywide rate of 8.4%. Children make up 27% of the tract’s residents, and nearly half of its households rent, including families in the affordable housing communities directly across from the park. For these families, a nearby playground is more than an amenity. The American Academy of Pediatrics finds that play builds children’s social-emotional, cognitive, language, and self-regulation skills, while the Centers for Disease Control and Prevention identifies cost, transportation, and access to quality facilities as key barriers to physical activity for children in low-income communities. A free, accessible playground within walking distance removes those barriers and gives local children a safe place to play every day.
GameTime has partnered with the City on prior playground projects, including the Heritage Park challenge course and playground in 2018 and the Samuel Goepp Park playground, which opened in April 2026. In Fall 2026, Recreation, Parks, and Marina (RPM) Department staff submitted a GameTime Cares Playground Grant application for playground improvements at Mike Day Memorial Park.
STAFF REPORT:
In September 2026, the City was notified that its application had been selected. The City received a GameTime Cares Playground Grant award of $58,234.88 toward the purchase of a new 145
community playground at Mike Day Memorial Park.
The project will fully replace the existing playground and will include a PrimeTime play structure for ages 2–5 and a PrimeTime play structure for ages 5–12, both with shade canopies, a two-person canoe spring rider, and a swing set with two belt seats. Installation by GameTime-certified installers includes demolition and removal of the existing equipment.
The City’s contribution will not exceed $150,000, covering its share of the playground cost and installation, and includes an approximately 10% contingency. To receive grant pricing, the City must place its order with payment in full by October 30, 2026.
The project implements the Master Plan’s recommendations for Mike Day Memorial Park and supports the City’s 2025 Strategic Plan goals of Community Appeal, by reinvesting in an aging neighborhood amenity, and Sustainability and Stewardship, by using outside grant funding to reduce the City’s cost.
The Project was unanimously recommended by the Recreation, Parks, Marina, and Arts Commission at its October 7, 2026 meeting.
STAFF RECOMMENDATION:
It is recommended that City Council adopt the following resolution: Council Adoption of Resolution No. 2026-___: Approving the Mike Day Memorial Park Playground Replacement Project Through the GameTime Cares Playground Grant.
PREPARED BY:
Marvin
Mora, Management Analyst II
REVIEWED BY:
Janet Hull - Recreation, Parks and Marina
Department Director
APPROVED BY:
Bret Prebula - City Manager
ATTACHMENTS:
1. Resolution Mike Day Memorial Replacement Project.docx
2. GameTime Cares Certificate of Grant Award
3. GameTime Quote - Mike Day Park Option 3
4. Mike Day Park Playground Renderings
146
RESOLUTION NO. 2026 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY,
CALIFORNIA, APPROVING THE MIKE DAY MEMORIAL PARK PLAYGROUND
REPLACEMENT PROJECT THROUGH THE GAMETIME CARES PLAYGROUND GRANT
WHEREAS, in 2026, Recreation, Parks, and Marina (RPM) Department staff learned of a funding opportunity through the GameTime Cares Playground Grant program; and WHEREAS, staff identified Mike Day Memorial Park as the strongest candi date for this funding opportunity based on the Parks, Facilities, and Recreation Master Plan, available Park Development Funds, and evaluation of the existing playground; and WHEREAS, RPM staff submitted an application for funding, and in September 2026, the City was notified that its application had been selected for a GameTime Cares Playground Grant award of $58,234.88, with the City’s contribution not to exceed $150,000; and WHEREAS, the project will fully replace the existing playground at Mike Day Memorial Park with improvements including two PrimeTime play structures with shade canopies, a two - person spring rider, and a swing set, funded by a combination of the GameTime Cares Playground Grant and City Park Development Funds; and
WHEREAS, Mike Day Memorial Park serves Census Tract 2527.02, where the median household income is about 66% of the statewide median and the poverty rate is more than double the citywide rate, and the Parks, F acilities, and Recreation Master Plan identifies replacement of the park’s worn play equipment as a priority; and
WHEREAS, the Recreation, Parks, Marina, and Arts Commission unanimously recommended approval of the project at its October 7, 2026 meeting.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City approves the Mike Day Memorial Park Playground Replacement Project through the GameTime Cares Playground Grant, with the City contribution not to exceed $150,000.
PASSED AND ADOPTED a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 20th day of October 2026, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
WITNESS my hand and the seal of said City this 20th day of October 2026.
Anita Skinner
City Clerk
147
CERTIFICATE OF GRANT AWARD
This certificate entitles
____________________________________________________________________________________________________________________________________ to a GameTime Cares™ Playground Grant Funding Award of
____________________________________________________________________________________________________________________________________.
Funds must be claimed, and orders must be received no later than November 1, 2022, and must accompany a Tualifying play system purchase. Award may not be combined with any other order or special offer. Other terms and conditions apply.
Contact your local GameTime representative at 00252440 for complete details about this grant award.
_____________________________________________________________________ S. Spencer Cheak
1SFTJEFOU
(BNF5JNF
Suisun City Parks and Recreation Department
*58,234.88
*This funding is available for quote # 122502-01-03 award amount may change if revisions are made to the park designs 148
CA Suisun City of Mike Day Park Option 3
Customer:
Suisun City of
701 Civic Center Boulevard, City Hall
Suisun City, CA 94585
United States
Ship to Zip: 94585
Prepared for:
Jeff Downey
Phone: 7074217200
[email protected]
Prepared by:
C/O MRC, Inc.
PO Box 106
Spring Lake, NJ 07762
800.922.0070
[email protected]
www.mrcrec.com
Quantity Part # Description Unit Price Amount
1 RDU GameTime - PT24045 Coghill w/ Shade- PrimeTime 212 Unit $30,499.00 $30,499.00 1 RDU GameTime - PT20008 Rainforest- PrimeTime 512 Unit $84,109.00 $84,109.00 1 6368 GameTime - Canoe Two-Person Spring Rider $3,194.00 $3,194.00 1 RDU GameTime - PrimeTime Swing Frame w/ 2 Belt Seats $2,624.00 $2,624.00 Contract: OMNIA #2017001134 Sub Total $120,426.00
Grant $58,234.88
Freight $8,140.61
Tax $5,674.94
Grand Total $76,006.67
Comments
NOTES
...In order to receive Grant pricing, Order complete with check for payment in full must be received by 10.30.26 and equipment must be able to ship by 12.31.26. Purchase order & credit terms to not qualify for this pricing. ...OMNIA Contract.
...Installation & Safety Surfacing are NOT included with this proposal. ...Customer is responsible for offloading equipment at delivery. ...Anything not specifically mentioned as being included shall be deemed excluded.
Due to the market volatility of raw materials, pricing is valid for 30 days after date of quotation. All quotes must be reviewed after 30 days.
KO/mg
CHOOSE YOUR COLOR SCHEME IT IS VERY IMPORTANT THAT YOU CHOOSE A COLOR SCHEME FOR YOUR MODULAR PLAYGROUND UNIT AT TIME OF ORDER. PLEASE SELECT FROM ONE OF THE MANY "PLAY PALETTES" LISTED IN THE BACK OF THE GAMETIME CATALOG OR ON OUR WEBSITE www.gametime.com. INDICATE YOUR SELECTION BELOW. GAMETIME PLAY PALETTE ___________________________ NOTE COLOR SELECTION FOR ALL OTHER EQUIPMENT SHOULD BE ENTERED IN THE SPACE PROVIDED UNDER THAT SPECIFIC ITEM.
QUOTE
1225020103 • 09/02/2026