City of Vacaville Agenda for the City Council,
Successor Agency to the Redevelopment
Agency, Housing Authority,
Groundwater Sustainability Agency and
Public Financing Authority
Tuesday, July 28, 2026
Closed Session: 04:30 PM
Regular Meeting: 06:00 PM
Vacaville City Hall Council Chamber
650 Merchant Street
Entrance to the council Chamber is located
in the parking area off of Walnut Avenue
___________________________________________________________________________ City Council In-Person and Virtual Meeting
Attendees may observe and participate in this meeting in person or remotely via Zoom or telephone.
Join the Meeting in Zoom Webinar
Download and use the Zoom application for desktop and mobile. Participants are encouraged to join the meeting up to 10 minutes before the meeting begins.
Zoom: CityofVacaville.gov/CouncilMeeting
By Telephone: (877) 853-5257 or (888) 475-4499
Meeting ID: 872 8632 1179
Passcode: 123456
Public Comments
Comments on agenda items can be emailed to the City Clerk up to 3:30PM prior to the meeting.
Comments received are kept as part of the record of the meeting. Comments during the meeting must be a maximum of three minutes (per Government Code 54954.3(a); VMC 2.0.4.130) and the Mayor has the discretion to change the time limit to accommodate the meeting schedule and public interest.
Email: [email protected]
Speaking During the Meeting
• In the Zoom Webinar, use the raise hand function or if dialing in press *9 on your phone. • When it is your turn to speak, you will be unmuted by the host. • Participants joining by telephone may also press *6 to mute/unmute if needed.
To view the Meeting from Computer, Tablet, or Smartphone Via Access TV: Access Vacaville
YouTube channel: http://www.youtube.com/@CityofVacaville Special Assistance
In accordance with the Americans with Disabilities Act, if you need special assistance, please contact the City Clerk’s Office at (707) 449-5100.
1. Special Meeting Closed Session - Starting at 4:30 PM Roll Call for the Regular Meeting
Mayor/Chair John Carli
Vice Mayor/Vice-Chair Michael Silva, District 3 - attending from Summit Bechtel Reserve, 2550 Jack Furst Dr. Glen Jean, WV 25846
Council/Agency/Authority Member Roy Stockton, District 1 Council/Agency/Authority Member Greg Ritchie, District 2 Council/Agency/Authority Member Sarah Chapman, District 4 Council/Agency/Authority Member Ted Fremouw, District 5 Council/Agency/Authority Member Jeanette Wylie, District 6 Moment of Silence followed by the Pledge of Allegiance
Report out of Closed Session
Approval of Agenda
Reports of the City Council
Update on Recent Attended Boards, Commissions, and Committee Meetings Reports of City Manager
Presentations - None
Consent Calendar
Items on the consent calendar are routine business items that require no discussion and are acted upon in one motion. However, any item on the Consent Calendar can be removed and discussed separately upon request.
Ordinance to Adopt the First Amendment to the Development Agreement Between the City of Vacaville and Vanden Cove, LLC, Regarding the Development of Real Property Commonly Referred to as Vandengate, Located East of Vanden Road and South of Joyce Drive on Assessor Parcel Number 0137-010-140 (Second Reading) (Staff Contact: Albert Enault, Acting Planning Manager (707) 449-5394) Individual Action: By simple motion, adopt the subject ordinance.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Community and Economic Development Department (2022) Budget Distribution: The budget for any expenses related to this item is included in the Community and Economic Development annual operating budget.
Strategic Plan Goal: Economic Development, Public Safety and Infrastructure, and Fiscal Health
Levine Act: Yes
Ordinance of the Voters of the City of Vacaville Imposing a One Percent Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration
2. 3.
4. 5.
6. 6.a
7. 8.
9. 9.a
9.b
Tuesday, July 28, 2026
(Staff Contact: GeorgeAnne Meggers-Smith, Assistant City Manager (707) 449-5651) Individual Action: By simple motion, adopt the subject ordinance.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: General Fund (1001)
Budget Distribution: The costs of staff time associated with this item are covered within the existing City Manager's Office Operating Budget.
Strategic Plan Goal:
Goal 1: Ensure Public Safety
Goal 2: Strengthen the Local Economy
Goal 3: Protect Vacaville's Quality of Life
Goal 4: Maintain Effective and Efficient Services
Goal 5: Promote Community Engagement and Increased Equity and Inclusion Levine Act: No
Resolution Authorizing the City Manager, or Designee, to Execute a Funding Agreement with Regis Homes of Sacramento, LLC for the Roberts’ Ranch Parcel M Development Project to Provide Funding for Additional Consultant Services in an Amount Not to Exceed $244,165, and Authorizing the City Manager, or Designee, to Execute Professional Services Agreements with Management Advisory Services (MAS) DUDEK, and Fehr & Peers for the Roberts’ Ranch Parcel M Development Project
(Staff Contact: Albert Enault, Acting Planning Manager (707) 449-5364) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: None
Funding Source: Funding will be provided by the Applicant as a one-time deposit to the City, which will be used to pay monthly consultant invoices associated with Planning, Environmental, and Engineering consultant services. The Applicant group would be billed monthly for costs incurred and would be required to provide additional deposits as funds are gradually spent.
Budget Distribution: If approved by Council, the budget would be loaded into special revenue account 2924.20.2052.5224.333 to track costs related to this project.
Strategic Plan Goal: Quality of Life
Levine Act: Yes
Resolution to Accept Public Improvements for the Roberts Ranch Village L Subdivision
(Staff Contact: Jacob Smith, Engineering Manager (707) 449-5429) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Public Works - Land Development Inspection (2028) Budget Distribution: The budget for any expenses related to this item is included in the Public Works - Land Development Inspection operating budget.
Strategic Plan Goal: Quality of Life
Levine Act: No
9.c
9.d
Tuesday, July 28, 2026
Resolution to Accept Public Improvements for the Foxboro Knolls Subdivision (Staff Contact: Jacob Smith, Engineering Manager (707) 449-5429) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Public Works - Land Development Inspection (2028) Budget Distribution: The budget for any expenses related to this item is included in the Public Works Land Development Inspection annual operating budget.
Strategic Plan Goal: Quality of Life
Levine Act: Yes
Resolution to Approve the Final Map for Lower Lagoon Valley Neighborhood D Phase 2
(Staff Contact: Chris Gioia, Public Works Engineering Manager (707) 449-5160) Individual Action: by simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Public Works - Development Engineering (2028) Budget Distribution: The budget for any expenses related to this item is included in the Public Works - Development Engineering annual operating budget.
Strategic Plan Goal: Quality of Life
Levine Act: Yes
Resolution Awarding the Construction Contract for the Bike Trail Pedestrian Improvements Project to the Apparent Low Bidder, Lister Construction, Inc., in the Amount of $198,886.15
(Staff Contact: Dan Sutton, Engineering Manager (707) 449-5035) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Federal CalTrans - Congestion Mitigation Air Quality Grant (4030) and Gas Tax - Section 2106 (4011)
Budget Distribution: The budget for this project is included in the Capital Improvement Program budget for Project #820380 - Bike Trails Crossing, and sufficient funding exists in the project account.
Strategic Plan Goal: Quality of Life
Levine Act: No
Resolution Awarding a Construction Contract for the Alamo Creek Bridge Water Line Replacement Project to Corcus Construction, Inc. in the Amount of $310,121.50 (Staff Contact: Dan Sutton, Engineering Manager (707) 449-5035) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Water Major Replacement (5103)
Budget Distribution: The budget for this project is included in the Capital Improvement Program
9.e
9.f
9.g
9.h
Tuesday, July 28, 2026
budget for Project #860180 - Alamo Creek Bridge Water Line Replacement Project, and sufficient funding exists in the project account..
Strategic Plan Goal: Public Safety and Infrastructure
Levine Act: No
Resolution to Amend the Fiscal Year 2026-2027 Capital Improvement Program Budget in the amount of $3,759,480.00, Award the Well 16 Hexavalent Chromium Treatment Facility Project to the Apparent Low Bidder, GSE Construction Company Inc., and Authorize the Director of Utilities to Execute the Contract in the Amount of $3,132,900
(Staff Contact: Timothy Hawkins, Utilities Assistant Director (707) 469-6912) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: $3,759,480.00 (Water Facilities Rehab (5102)) Funding Source: This project is funded by Water- Facilities Rehab (5102) and Water Capacity Charges (5110)
Budget Distribution: If approved by Council, the CIP budget will be amended by $3,759,480 and the budget for Project #860111-Well 23 Chrome 6 Treatment/Improvements (Formerly titled Well 16 Chrome 6 Treatment/Misc. Imp.) will be increased.
Strategic Plan Goal: Public Safety and Infrastructure
Levine Act: No
Resolution Approving a Professional Services Agreement with Verdantas Inc. for the Update of the Water System Master Plan (Project W25-4 F40-1) and Authorizing the Director of Utilities to Execute Said Agreement in an Amount Not to Exceed $320,000.00
(Staff Contact: Ben Menzel, Assistant Utilities Engineer (707) 469-6428) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Water Capacity Charges (5110)
Budget Distribution: The budget for this project is included in the Capital Improvement Project budget #860100- Water System Study, and sufficient funding exists in the project account.
Strategic Plan Goal: Fiscal Health
Levine Act: No
Resolution to Authorize the City Manager or their Designee to Execute the Third Amendment to the Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Services Between the City of Vacaville and First Transit, Inc. (Staff Contact: Lori DaMassa, Transit Manager, (707) 469-6575) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: $10,480,687.54
Year 1 - August 1, 2026 - July 31, 2027 Not-to-Exceed Amount Total: $3,350,170.28 Year 2 - August 1, 2027 - July 31, 2028 Not-to-Exceed Amount Total: $3,484,697.73 Year 3 - August 1, 2028 - July 31, 2029 Not-to-Exceed Amount Total: $3,645,819.53
9.i
9.j
9.k
Tuesday, July 28, 2026
Funding Source: Transportation Development Act (4004) funds, Federal Transit Administration (4001) funds, and collected passenger fare revenue
Budget Distribution: The costs associated with this item are covered within the existing operating budget for the department.
Strategic Plan Goal: Public Safety and Infrastructure
Levine Act: No
Resolution Fixing the Amount to be Raised and Establishing an Ad Valorem Property Tax Rate for the Paramedic/Firefighter and/or Emergency Ambulance Services Program and North Bay Aqueduct Program for Fiscal Year 2026-27 (Staff Contact: Crystal Fair Welty, Management Analyst II, (707) 449-5121) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Not applicable
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.
Strategic Plan Goal: Public Safety and Infrastructure and Fiscal Health Levine Act: No
Resolution to Authorize the City Manager or Their Designee to Execute a Purchase Agreement and Grant Deed with the County of Solano for the Vaca Valley Parkway Corridor Multimodal Improvements Project
(Staff Contact: Dan Sutton, Engineering Manager (707) 449-5035) Recommended Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Traffic Development Impact Fees (4105)
Budget Distribution: The budget for this property acquisition is included in the Capital Improvement Program Budget for Project #820279 - Vaca Valley Pkwy/I-505 Interchange.
Strategic Plan Goal: Quality of Life
Levine Act: No
Resolution to Amend the Contract for the Metropolitan Transportation Commission (MTC) Priority Development Area (PDA) Grant to extend it from August 31, 2026 to June 30, 2028, and Adjust the 2026-27 Fiscal Year Operating Budget in the Amount of $60,000 to Fund a Water and Storm Drain System Impact Evaluation for the Peabody Allison Specific Plan; and Authorize the City to enter into a Contract with West Yost in the Amount of $60,000 to Perform the Water and Storm Drain System Impact Evaluation for the Peabody Allison Specific Plan. (Staff Contact: Peyman Behvand, Acting Assistant Director of Community Development (707) 449-5332)
Recommended Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested:
Funding Source:
9.l
9.m
9.n
Tuesday, July 28, 2026
Budget Distribution:
Strategic Plan Goal: Quality of Life
Levine Act: No
Approval of Minutes – Approve the Minutes for the Meeting of June 23, 2026 (Staff Contact: Michelle Thornbrugh, City Clerk (707) 449-5100) Individual Action: By simple motion, approve the minutes.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Not applicable
Budget Distribution: The costs of staff time associated with this item are covered within the existing City Clerk's operating budget.
Strategic Plan Goal: Organizational Culture
Levine Act: No
Approval of Accounts Payable and Payment of Payroll Claims for the Weeks Ending June 19, 2026; June 26, 20026; July 3, 2026; July 10, 2026; and Wire and ACH Disbursements for the Month of June 2026
(Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Individual Action: By simple motion, approve the item.
Fiscal Impact:
The claims for the period total $24,996,451.76
Amount Requested: Not applicable
Funding Source: Various
Budget Distribution: The costs associated with staff time for this item are fully supported within the Finance Department's operating budget.
Strategic Plan Goal:
Fiscal Health
Levine Act: No
Resolution Approving Four (4) Agreements and Contract Amendments Totaling $1,872,375 Supporting Essential City Operations, Capital Projects, Regulatory Compliance, and Organizational Services
(Staff Contact: GeorgeAnne Meggers-Smith, Assistant City Manager (707) 449-5651) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: No additional appropriations are requested. Funding for the agreements identified in Attachment 1 is included in the adopted FY 2026-27 Budget.
Funding Source: Funding for the agreements identified in Attachment 1 is included in the department budgets in the adopted FY 2026-27 Budget.
Budget Distribution: Funding for each of these contract is included in the FY 2026-27 budget, approved by City Council on June 23, 2026.
Strategic Plan Goal:
Organizational Culture
Economic Development
Quality of Life
9.o
9.p
9.q
Tuesday, July 28, 2026
Public Safety and Infrastructure
Fiscal Health
Levine Act: Yes
Business from the Floor
This is the time to address the Council with issues that are not on the agenda that are within the Council’s subject matter jurisdiction. With certain exceptions, the City Council may not discuss or take action on items that are not on the agenda. Members of the audience wishing to address a specific agendized item are encouraged to offer their public comment during consideration of that item.
Comment is limited to three minutes per speaker or group spokesperson per Government Code §54954.3(a); VMC §2.04.130.
Public Hearings
Resolution to Affirm that the General Plan Amendment Zoning Ordinance Text Amendment is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and Ordinance to Amend Title 14 of the City of Vacaville Municipal Code by Amending Division 14.04 entitled General Plan Amendments to Change Administrative Procedures and Requirements for General Plan Map and Text Amendment Applications
(Staff Contact: Peyman Behvand, Planning Manager (707) 449-5332) Recommended Action:
By simple motion, adopt the subject resolution.
By title only, introduce the subject ordinance and waive reading of the title per Government Code 36934.
Fiscal Impact:
Amount Requested: None
Funding Source: Community Development (2022)
Budget Distribution: The cost of staff time associated with this item is covered within the operating budget of the Community and Economic Development Department.
Strategic Plan Goal: Quality of Life
Levine Act: No
Business
Informational update on the Northeast Growth Area Planning Study (Staff Contact: Albert Enault, Acting Planning Manager (707) 449-5364) Recommended Action: Receive report, open discussion, and provide direction to staff.
Fiscal Impact:
Amount Requested: None
Funding Source: Special Revenue Fund East of Leisure Town Growth (2923) Budget Distribution: The budget for any expenses related to this item for the preparation of the Planning Study is included in the Community and Economic Development annual operating budget.
Strategic Plan Goal: Economic Development
Levine Act: No
10. 11.
11.a
12. 12.a
Tuesday, July 28, 2026
Adjournment
All public records relating to an open session item that are not exempt from disclosure pursuant to the Public Records Act and that are distributed to a majority of the City Council will be available for public inspection during normal business hours at the City Administration Counter at City Hall, 650 Merchant Street. The City may charge customary photocopying charges for requested copies of such documents.
This agenda and related materials may also be available on the City's website under Public Meetings and Agendas' subject to our staff's ability to pose the documents prior to the meeting. To view City Council meetings, tune in to cable Channel 26, or log onto the City's website at www.cityofvacaville.com to watch the meeting live or on-demand. If you have any questions, please contact the City Clerk's office at (707) 449-5100.
I declare that the agenda for the Regular Meeting of the City Council/Successor Agency to the Redevelopment Agency/Groundwater Sustainability Agency/Public Financing Authority was posted and available for review by the time and place prescribed by law. ______________________________
Michelle A. Thornbrugh, City Clerk
13. Tuesday, July 28, 2026
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Erin Morris, Community & Economic Development Director (Staff Contact: Albert Enault, Senior Planner (707) 449-5364) Subject: Ordinance of the City Council of the City of Vacaville to adopt the first amendment to the Development Agreement between the City of Vacaville and Vanden Cove, LLC, regarding the development of real property commonly referred to as
Vandengate, located east of Vanden Road and south of Joyce Drive on Assessor Parcel Number 0137-010-140 (Second
Reading).
Actions for Consideration:
The City Council will consider a second reading and adoption of the ordinance amending the development agreement for the Vandengate Subdivision.
Recommendation:
By simple motion, adopt the subject ordinance.
Background:
Originally adopted by City Council on September 25, 2018, the Vandengate Subdivision consists of 42 lots for single-family residential development with market-rate for-sale housing products.
The Vandengate Subdivision approval included a development agreement (DA) with a 10-year term ending on October 26, 2028, which obligated the property owner to pay a Community Benefit Contribution (CBC) fee to fund the construction of the Southtown Fire Station No. 75 and/or equipment for that station, and then for other capital improvements and/or acquisition of lands that the City Council considers to be of community-wide benefit. In October 2020, the City repaid all construction loan costs associated with Fire Station No. 75.
The CBC fee is a funding mechanism available to the City Council to provide additional funding for projects needed to accommodate growth primarily on the outskirts of the City, which may not have been included in the City’s AB1600 Development Impact Fee (DIF) program in effect at that time. Beginning around 2004, CBC fees were adopted with various development agreements throughout the City to fund specific projects such as Fire Station 75 and the expansion of the Item 9.a
Police Station. In addition to establishing the fee amount, DAs specified how the fee should be used. For example, the Vandengate DA specified that the funds should be used by the City for construction of the Southtown Fire Station and/or equipment for that station, and then for other capital improvements and/or acquisition of land that the City Council considers to be of community-wide benefit.
In May 2022, the City Council received a presentation concerning the adoption of a new AB1600 DIF study that would establish new impact fees for development projects. At that time, the City Council expressed a desire to discontinue the CBC fee because:
• Many of the projects funded by the collection of CBC fees had been completed and the loans had been paid back; and
• The new AB1600 DIF fee included all capital improvement projects needed for growth.
The City Council determined that implementation of the new DIF fee program would allow discontinuation of the CBC fee for all DAs, except Lagoon Valley; Lagoon Valley’s CBC is needed to fund improvements that are specific to Lagoon Valley. City Council directed staff to amend various DAs to remove the obligation to pay the CBC fee, excluding Lagoon Valley. The City has not collected any CBC fees since City Council’s direction in 2022 except for in Lagoon Valley.
On June 23, 2026, the City Council held a public hearing to consider the proposed Vandengate Development Agreement Amendment, where the Council affirmed no environmental analysis was required for the project in accordance with the California Environmental Quality Act (CEQA), and introduce an ordinance to amend the development agreement for the Vandengate Subdivision.
All other terms in the Vandengate DA would remain in effect.
Discussion:
Pursuant to California Government Code Section 36934, ordinances shall not be passed within five days of their introduction; therefore, a second reading is required. Second readings may be placed on the consent calendar at the discretion of the City Manager in accordance with VMC Section 2.04.100. Any councilmember may, by simple request, have a consent calendar item brought before the Council for a separate vote. Ordinances passed at a second reading shall take effect 30 days after their final passage. Staff is recommending approval of the second reading for the proposed ordinance.
Environmental Impact:
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162, no new subsequent environmental analysis is required unless the lead agency determines (1) there are substantial changes in the project that results in new environmental effects or a substantial increase in the severity of previously identified significant effects; (2) there are substantial changes to the circumstances under which the project was undertaken that results in new environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) there is new information of substantial importance that could not have been known at the time of the original environmental assessment was prepared. On September 11, 2018, the Item 9.a
Vacaville City Council adopted a Mitigated Negative Declaration (MND) for the Vandengate Subdivision (State Clearinghouse Number 2017082003). This MND evaluated and disclosed the environmental impacts created by the subdivision and DA. Consistent with CEQA Guidelines Section 15162, the DA amendment does not introduce any new impacts, and therefore, no subsequent environmental review is required.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Community & Economic Development Department (2022) Budget Distribution: The budget for any expenses related to this item is included in the Community & Economic Development annual operating budget.
Alternatives:
The City Council could choose not to conduct a second reading of the ordinance. This action is not recommended as it would not implement the previous City Council action on June 23, 2026.
Strategic Plan Goal/Initiative:
Goal 1: Ensure Public Safety
Goal 2: Strengthen the Local Economy
Initiative 2B: Manage Impacts from Growth
Goal 4: Maintain Effective and Efficient Services
Initiative 4A: Ensure Fiscal Sustainability
Levine Act:
Yes
Attachments:
Ordinance – Action Item
Exhibit A – Findings of Fact
Exhibit B – First Amendment to Development Agreement
Attachment 1: Location Map
Attachment 2: Levine Act Disclosure Form
Item 9.a
CITY OF VACAVILLE
Ordinance No.
Ordinance adopting a First Amendment to the Development Agreement between the City of Vacaville and Vanden Cove, LLC regarding the development of real property commonly referred to as Vandengate, located east of Vanden Road and south of Joyce Drive on Assessor Parcel Number 0137-010-140 (Second Reading)
Whereas, the City Council of the City of Vacaville (“City Council”) adopted that certain development agreement by and between the City of Vacaville and Forecast Land Investment, LLC regarding the development of real property commonly referred to as Vandengate (“Development Agreement”) in accordance with the findings in City Council Ordinance No. 1930; and
Whereas, pursuant to Section 15.B of the Development Agreement, all obligations were subsequently transferred to Vanden Cove, LLC (“Applicant”), who acquired the property from Forecast Land Investment, LLC; and
Whereas, on June 28, 2022, the City Council adopted the 2022 Development Impact Fee Program under Resolution No. 2022-059, and directed city staff to amend the Vandengate Development Agreement (among others) to remove the requirement to pay the Community Benefit Contribution (CBC) Fee as required under Section 5.K of the Vandengate Development Agreement; and
Whereas, on April 22, 2026, the Applicant provided the City of Vacaville with written authorization to process an amendment to the Vandengate Development Agreement to remove the requirement to pay a CBC fee under Section 5.K of the Vandengate Development Agreement; and
Whereas, the City Council finds that the proposed amendment is necessary to ensure compliance with City Council direction and that the Applicant does not unnecessarily pay the CBC fee.
Now, therefore, the City Council of the City of Vacaville does ordain as follows:
Section One. The City Council approves the First Amendment to the Development Agreement (“First Amendment”) as shown in Exhibit B, which is attached and hereby incorporated herein.
Section Two. The City Council has reviewed the requested amendment for the Vandengate Development Agreement, as shown in Exhibit B hereto, and adopts findings of fact pursuant to Vacaville Municipal Code Section 14.17.050.020 (Amendment of Development Agreement), hereby attached as Exhibit A.
Section Three. The City Council finds that the First Amendment, attached hereto as Exhibit B, is necessary to ensure that said lands ultimately are used for the purposes that are most appropriate and most beneficial from the standpoint of the City as a whole.
Section Four. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase, or clause thereof, irrespective of the fact that Item 9.a
any one or more sections, subsections, phrases, or clauses be declared unconstitutional.
Section Five. This ordinance shall take effect thirty (30) days after passage thereof.
Section Six. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.
I hereby certify that this ordinance was introduced at a regular meeting of the City Council of the City of Vacaville, held on the 23rd day of June 2026, and adopted and passed at the regular meeting of the City Council of the City of Vacaville held on the 28th day of July 2026 by the following vote:
Ayes:
Noes:
Absent:
Attest: Approved:
__________________________________ __________________________________ Michelle A. Thornbrugh, City Clerk John Carli, Mayor
List of Exhibits
Exhibit A – Findings of Fact
Exhibit B – First Amendment to Development Agreement
Item 9.a
Exhibit A to Ordinance No.
Findings of Fact
Vandengate Development Agreement Amendment Ordinance
East of Vanden Road and south of Joyce Drive
Assessor Parcel Number 0137-010-140
File No. 26-040
Code sections referenced below are from the Vacaville Municipal Code (VMC) or California Environmental Quality Act (CEQA) guidelines, unless otherwise specified.
Summary of Evidence
The Vacaville City Council bases its decision on the following information: (1) the project application, including attachments and related studies; (2) the staff reports, City files, records and other documents prepared for and/or submitted to the City relating to the environmental review and the project itself; (3) the evidence, facts, findings and other determinations set forth in this resolution; (4) the Vacaville General Plan, the VMC and other applicable plans, codes and resolutions of the City of Vacaville; (5) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the City during the comment period relating to the project or the environmental review; (6) the minutes and recordings of the Planning Commission and City Council hearings; and (7) all other matters of common knowledge to the to the City, including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City and its surrounding areas.
Development Agreement Amendment Findings
VMC Section 14.17.050.020 (Amendment to Development Agreement) A. When adopting an amendment to a development agreement, the City Council shall make findings, including, but not limited to, the following:
1. The First Amendment is consistent with the provisions of Division 14.17 of the Vacaville Land Use and Development Code;
Finding: The requested amendment meets this finding, because: (1) VMC Division
14.17 allows for the amendment of the term of a development agreement through the same process as the original agreement; (2) the Applicant has authorized the City to pursue the amendment in accordance with VMC Division 14.17; (3) the amendment is consistent with City Council’s direction; and (4) the City has provided public noticing to advertise the amendment and public hearings before the Planning Commission and City Council.
2. That the First Amendment is consistent with the original intent of the Development Agreement; and
Finding: The requested amendment meets this finding, because: (1) the Development Agreement remains in full force and effect; and (2) the requested revision is consistent with City Council direction to remove the Community Benefit Contribution fee from any active development agreements.
Item 9.a
2 3. That the First Amendment would not be detrimental to the public health, safety, or welfare of the community.
Finding: The requested amendment meets this finding, because: (1) the amendment does not change or alter any obligations by either party, except in a manner that is required to comport with City Council direction to remove the CBC fee for reasons set forth in the Council’s action at that time; (2) the original project and development agreement was found to not be detrimental to the public health, safety, or welfare of the community, and the amendment will be consistent with the original project; (3) the project provides a diversity of single family lot sizes; and (4) the project fulfills pressing land use needs in the City, namely the provision of additional housing and additionally the provision of appropriate environments for moderate- and above-moderate-income housing and including housing designed to attract business executives and professionals.
Development Agreement Amendment Conclusion
Based on the findings of fact above, the project meets the criteria for adopting the requested development agreement amendment.
Item 9.a
Exhibit B to Ordinance No. ________
Vandengate Development Agreement Amendment
Draft First Amendment to Development Agreement
East of Vanden Road and south of Joyce Drive
Assessor Parcel Number 0137-010-140
Development Agreement Amendment
File No. 26-040
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Vacaville
650 Merchant St.
Vacaville, CA 95688
Attention: City Clerk
Record for the Benefit of
the City of Vacaville and Recording
Fees Exempt Pursuant to Government
Code § 27383
APNs: 0137-010-140 Space Reserved for Recorder's Use Only
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF VACAVILLE
AND VANDEN COVE, LLC
REGARDING THE DEVELOPMENT OF REAL PROPERTY COMMONLY
REFERRED TO AS VANDENGATE
___________________________________
DATE
Item 9.a
This FIRST AMENDMENT (“First Amendment”) to the DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF VACAVILLE AND VANDEN COVE,
LLC REGARDING THE DEVELOPMENT OF REAL PROPERTY COMMONLY REFERRED TO AS VANDENGATE (the “Development Agreement”) is entered into this ___ day of _______, 2026, by and among VANDEN COVE, LLC, a California LLC (“Developer”), and the CITY OF VACAVILLE, a California municipal corporation (“City”). Developer and City may be referred to herein each as a “Party” and collectively as the “Parties”.
This First Amendment is entered into on the basis of the following facts, understanding and intentions of the Parties:
RECITALS:
A. City and Forecast Land Investment, LLC entered into the Development Agreement, dated as of September 25, 2018, and recorded in the Official Records of Solano County as Document No. 201800084469.
B. Forecast Land Investment, LLC has transferred the property to Vanden Cove, LLC, who inherited all obligations under the Development Agreement pursuant to Section 15 (Transfers and Assignments) of the Development Agreement, and is the fee owner of the Property subject to the Development Agreement under Section 3.A of the Development Agreement and described in Exhibit A to this First Amendment.
C. The Development Agreement is in full force and effect and a binding obligation of the Parties. Neither City nor Developer is in default in the performance of its obligations under the Development Agreement.
D. On June 28, 2022, the City Council of the City of Vacaville directed City staff to remove the obligation to pay a Community Benefit Contribution (CBC) fee under Section 5.K of the Development Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration, the Parties hereto agree to the following:
1. Defined Terms. All capitalized terms used herein shall have the meanings given in the Development Agreement, except as expressly otherwise defined in this First Amendment.
2. Specific Amendment. Section 5.K. (starting at page 17 of the Development Agreement) is hereby deleted in its entirety and replaced with the phrase: “[RESERVED]”.
3. Ratification. Except as expressly modified by this First Amendment, the Development Agreement remains in full force and effect.
4. Counterpart and Electronic Signature. As permitted under the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000, and the Uniform Electronic Transactions Act (UETA), the parties hereby agree to conduct this transaction by electronic means. This First Amendment may be executed through an electronic signature and may be executed in two or more counterparts, each of which shall be deemed an original, but all of Item 9.a
which together shall constitute one and the same instrument. The parties agree that the electronic signatures appearing on this First Amendment are intended by each party using it to have the same force and effect as the use of a manual signature for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment as of the date first written above.
“CITY”
CITY OF VACAVILLE,
a Municipal Corporation
Savita Chaudhary, City Manager
Approved as to form:
Andria Borba, City Attorney
“DEVELOPER”
Vanden Cove, LLC
a California limited liability company
By:_____________________________
Name:
Title:
Item 9.a
Item 9.a
EXHIBIT A
The Property
PARCEL ONE
BEING A PORTION OF LOT 8 AS SHOWN ON THE MAP ENTITLED “MODERN HOMESTEAD ASSOCIATION” FILED IN THE OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY, CALIFORNIA, ON JUNE 7, 1915, IN BOOK 5 OF MAPS AT PAGE 13, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 45 FEET WIDE, THE EASTERLY LINE OF WHICH IS PARALLEL WITH AND 45 FEET EASTERLY OF THE CENTERLINE OF VANDEN ROAD (COUNTY ROAD NO. 186) SAID POINT BEING THE SOUTHWEST CORNER OF SAID LOT 8, THENCE ALONG SAID CENTERLINE NORTH 00°09′15″ EAST 219.75 FEET TO THE
SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO FORECAST LAND INVESTMENT LLC RECORDED ON JANUARY 13, 2006 UNDER RECORDERS SERIES NUMBER 2006-06146, IN THE OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY, STATE OF CALIFORNIA; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 00°09′15″ EAST, 411.63 FEET TO THE NORTHWEST CORNER OF SAID PARCEL (2006-06146); THENCE LEAVING SAID CENTERLINE SOUTH 89°34′28″ EAST 45.00 FEET TO THE SOUTHWEST CORNER OF LOT 42 AS SAID LOT IS SHOWN ON THE MAP ENTITLED “STERLING CHATEAU UNIT FOUR” FILED IN THE OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY, CALIFORNIA, ON JUNE 25, 2014, IN BOOK 88 OF MAPS AT PAGE 25, SAID POINT HEREINAFTER REFERRED TO AS POINT ‘A’; THENCE SOUTH 00°09′15″ WEST 411.63 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL (2006- 06146); THENCE ALONG SAID SOUTH LINE NORTH 89°34′28″ WEST 45.00 FEET TO THE POINT OF BEGINNING.
PARCEL TWO
BEING A PORTION OF REMAINDER 1 PARCEL AS SHOWN ON THE MAP ENTITLED “STERLING CHATEAU UNIT FOUR” FILED IN THE OFFICE OF THE COUNTY RECORD COUNTY, CALIFORNIA, ON JUNE 25, 2014, IN BOOK 88 OF MAPS AT PAGE 25, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE AFOREMENTIONED POINT ‘A’ AND THENCE ALONG THE SOUTHERLY LINE OF LOT 42 OF SAID MAP (88 M 25) SOUTH 89°34′28″ EAST 128.26 FEET TO THE SOUTHWEST CORNER OF SAID REMAINDER 1 PARCEL, AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE AND ALONG THE EXTERIOR BOUNDARY OF SAID REMAINDER ONE PARCEL NORTH 32°11′27″ EAST
21.19 FEET; THENCE ALONG A NON-TANGENT CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS NORTH 45°33′42″ EAST 60.00 FEET, THROUGH A CENTRAL ANGLE OF 30°57′12″, AND AN ARC LENGTH OF 32.41 FEET; THENCE LEAVING SAID EXTERIOR BOUNDARY LINE SOUTH 32°11′27″ WEST 2.55 FEET TO A POINT ON SAID EXTERIOR BOUNDARY LINE; THENCE ALONG SAID EXTERIOR BOUNDARY LINE NORTH 89°34′28″ WEST 37.64 FEET TO THE POINT OF BEGINNING.
Item 9.a
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:
BEING A PORTION OF LOT 8 AS THE SAME IS SHOWN ON THE MAP ENTITLED “MODERN HOMESTEAD ASSOCIATION” FILED IN THE OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY, CALIFORNIA, ON JUNE 7, 1915, IN BOOK 5 OF MAPS AT PAGE 13, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTERLINE OF VANDEN ROAD (COUNTY ROAD NO. 186) SAID POINT BEING THE SOUTHWEST CORNER OF SAID LOT 8, THENCE ALONG SAID CENTERLINE NORTH 00°09′15″ EAST 219.75 FEET TO THE
SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO FORECAST LAND INVESTMENT LLC, RECORDED ON JANUARY 13, 2006 UNDER RECORDERS SERIES NUMBER 2006-06146, IN THE OFFICE OF THE COUNTY RECORDER OF
SOLANO COUNTY, STATE OF CALIFORNIA, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 00°09′15″ EAST 411.63 FEET TO THE NORTHWEST CORNER OF SAID PARCEL (2006-06146); THENCE LEAVING SAID CENTERLINE SOUTH 9°34′28″ EAST 45 FEET TO THE SOUTHWEST CORNER OF LOT 42 AS SAID LOT IS SHOWN ON THE MAP ENTITLED “STERLING CHATEAU UNIT FOUR” FILED IN THE OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY, CALIFORNIA, ON JUNE 25, 2024, IN BOOK 88 OF MAPS AT PAGE 25, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID LOT 42 SOUTH 89°34′28″ EAST 165.86 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 32°1127″ WEST 18.14 FEET; THENCE SOUTH 00°23′07″ WEST 109.97 FEET; THENCE NORTH 89°36′53″ WEST 155.79 FEET; THENCE NORTH 00°09′15″ EAST 125.50 FEET TO THE POINT OF BEGINNING.
BEING THE SAME PARCEL OF LAND DESCRIBED AS PARCEL A IN THAT CERTAIN
CERTIFICATE OF COMPLIANCE FOR WAIVER OF PARCEL MAP LOT LINE ADJUSTMENT WAIVER NO. 19-06, RECORDED FEBRUARY 21, 2020, INSTRUMENT NO. 202000013765, OFFICIAL RECORDS.
Item 9.a
Fry Rd
Midway Rd
Pleasants Valley Rd
Peabody Rd Marshall Rd
Alamo Dr
Vaca Val ley Pkwy
E Monte Vista Av
Vanden Rd
N Orchard Av
Fruitvale Av
Davis St
Yellowstone Dr
S Orchard Av
Foothill Dr
Mills Ln
Merchant St
W Monte Vista Av
Vaca Station Rd
N Alamo Dr
Foxboro Pkwy
%&'(80
Farrell Rd
Byrnes Rd
Allison Dr
Browns Valley Pkwy
Browns Valley Rd
Elmira Rd
Ulatis Dr
Buck Av
Gibson Canyon Rd
%&'(80
%&'(505
Hawkins Rd
Alamo Dr
Orange Dr Nut Tree Pkwy
Vaca Valley Pkwy
California Dr
Leisure Town Rd
Nut Tree Rd
Lewis Rd
Lagoon Valley Rd
Project Site
City of Vacaville
Location Map
Vandengate Development
Agreement Amendment
Community & Economic
Development Department N Project Site
City Limits
Item 9.a
Item 9.a
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: GeorgeAnne Meggers-Smith, Assistant City Manager
(Staff Contact, GeorgeAnne Meggers-Smith (707) 449-5651) Subject: Ordinance of the Voters of the City of Vacaville Imposing a One Percent Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration (Second Reading)
Actions for Consideration:
The City Council will consider the second reading and adoption of an ordinance of the voters of the City of Vacaville imposing a one percent transaction and use tax to be administered by the California Department of Tax and Fee Administration to be passed and adopted by the voters of the City of Vacaville.
Recommendations:
By simple motion, adopt the subject ordinance.
Background:
Vacaville is a full-service city, equipped with its own City-run police, fire, parks and recreation, community development, economic development, public works, and water and sewer utility services. The health and safety of all residents in the City is a top priority. The City of Vacaville faces a $12 million structural general fund budget deficit due to slowing sales tax revenue compounded by rising costs due to inflation. The general fund pays for important City services such as police, fire, and paramedic services; 911 emergency response; emergency street repairs and maintenance; neighborhood park and recreation services; and general municipal services to the public.
To address the projected gap between the City’s operating revenues and expenses in fiscal year 2025-2026, staff identified and Council approved the implementation of the $9.2 million in citywide cost saving measures.
These cost savings measures include:
• Delayed the hiring of 16 full-time positions
• Froze 3 positions
Item 9.b
• Reduced operating budgets by 2.5% across all departments • No CPI increases to Services and Supplies budgets
• Reduced Measure M pilot programs, Capital Improvement Program, and Internal Service Fund funding
• Deferred maintenance
• Utilized excess reserves to balance the general fund
• Paused ADP payments to CalPERS
• The City Council has also taken action to stop absorbing credit card processing fees, which will result in approximately $400K in cost savings annually and • Adopted the State’s cell site fee structure, resulting in approximately $200K in additional annual revenue once fully implemented.
Without additional ongoing revenue, the City may need to evaluate further service reductions, including deferred maintenance, reducing staffing levels, and delaying capital and operational investments. A local transaction and use tax (sales tax) measure is one of the few revenuegenerating options available to the cities. Vacaville currently has the lowest sales tax rate in Solano County at 8.125%. A local sales tax measure in Vacaville would keep the sales tax rate in line with other Solano County cities while generating additional revenue from a locally approved measure for essential services. These funds would remain under local control and can’t be redirected or taken by the State.
Pursuant to California Revenue and Taxation Code Section 7285.9, the City has the authority to levy a Sales Tax for general purposes, subject to voter approval. The law requires a general tax to be placed on a regularly scheduled general election. If a tax is approved at the November 2026 general election, it will go into effect on April 1, 2027.
The potential, locally enacted Sales Tax measure is projected to generate general fund revenue of approximately $28 million annually for a one cent increase. The projections are based on current revenue derived from the existing Measure M sales tax and are subject to change with changes to economic activity within the City.
The additional projected revenue of $28 million annually would not only address the current structural deficit but also provide additional revenue to help meet ongoing service, infrastructure, and long-term financial obligations. The additional revenues will be used to continue to support public safety operations, emergency response services, roadway maintenance, parks and recreation services, homelessness response programs, and facility maintenance and replacement.
Discussion:
On June 23, 2026, the City Council introduced an ordinance of the voters of the City of Vacaville imposing a one percent transaction and use tax to be administered by the California Department of Tax and Fee Administration to be passed and adopted by the voters of the City of Vacaville.
Pursuant to Section 36934 of the California Government Code, ordinances shall not be passed within 5 days of their introduction, therefore a second reading is required. Second readings may Item 9.b
be placed on the consent calendar at the discretion of the City Manager in accordance with Section 2.04.100 (Administration and Personnel – Consent Calendar) of the Code. Any councilmember may, by simple request, have a consent calendar item brought before the council for a separate vote. Ordinances passed at a second reading shall take effect 30 days after their final passage. Staff is recommending approval of the second reading for the proposed ordinance.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).
Fiscal Impact:
The proposed locally enacted sales tax increase is projected to generate approximately $28 million in additional General Fund revenue annually for the proposed one‑cent increase in the tax rate. If approved by voters on November 3, 2026, the measure would take effect on April 1, 2027. The first full fiscal year of revenue would begin in FY 2027–28.
Because the City will be participating in the November 3, 2026, General Election for Districts 2, 4, and 6, as well as the Mayor’s seat, the cost of adding a local ballot measure would be incremental and the Registrar of Voters is estimating an additional cost of approximately of $32,500 to the standard election services. The FY 2026–27 Non‑Departmental budget includes a one‑time allocation of $390,000 to cover all anticipated election expenses.
Amount Requested: There are no funds requested for this item.
Funding Source: General Fund (1001)
Budget Distribution: The costs of staff time associated with this item are covered within the existing CIty Manager's Department operating budget.
Alternatives:
The Council could choose not to hold a second reading, thereby declining to adopt the Ordinance Imposing a Transaction and Use Tax. This is not recommended as the City has a structural budget deficit that it’s trying to solve, and a one-cent sales tax would provide approximately $28 million of additional revenue annually for the General Fund.
Strategic Plan Goal/Initiative:
Goal 1 – Ensure Public Safety
Goal 2 – Strengthen the Local Economy
Goal 3 – Protect Vacaville’s Quality of Life
Goal 4 – Maintain Effective and Efficient Services
Goal 5 – Promote Community Engagement and Increased Equity and Inclusion Item 9.b
Levine Act:
No
Attachments:
Attachment 1: Ordinance of the Voters of the City of Vacaville Imposing a One Percent Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration (First Reading)
Item 9.b
CITY OF VACAVILLE
ORDINANCE NO.
Ordinance of the Voters of the City of Vacaville
Imposing a One Percent Transactions and Use Tax to be
Administered by the California Department of Tax and Fee Administration Now therefore, the People of the City of Vacaville, do hereby ordain as follows:
SECTION 1. ADDITION OF CHAPTER 3.15 OF THE VACAVILLE MUNICIPAL CODE.
Chapter 3.15 is hereby added to Title 3 of the Vacaville Municipal Code to read as follows:
Section 3.15.010. TITLE. This ordinance shall be known as the City of Vacaville Transactions and Use Tax Ordinance of 2026. The City of Vacaville hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City. This ordinance is separate and independent from the transaction and use tax ordinance codified in Chapter 3.14 of the Vacaville Municipal Code (Ordinance No. 1844, as amended by Ordinance 1899), and the tax imposed herein is in addition to, and not a modification of, the tax imposed thereunder.
Section 3.15.020. OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance. For purposes of Revenue and Taxation Code section 7265, this ordinance shall be considered adopted on the date of the election in which it is approved by the qualified voters of the City.
Section 3.15.030. PURPOSE. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the Item 9.b
existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
E. To impose a retail transactions and use tax that is separate and independent from the transactions and use tax currently imposed pursuant to Chapter 3.14 of the Vacaville Municipal Code. The tax imposed by this ordinance is an additional tax and shall coexist with the tax imposed under Chapter 3.14. The expiration or repeal of the tax imposed under Chapter 3.14 shall have no effect on the imposition, collection, or continuation of the tax imposed by this ordinance.
Similarly, the continuation, modification, or repeal of this ordinance shall have no effect on the tax imposed under Chapter 3.14.
Section 3.15.040. CONTRACT WITH STATE. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. Such contract shall be separate from, or shall expressly supplement, the existing administration contract entered into pursuant to Chapter 3.14 of the Vacaville Municipal Code, and shall provide for the administration of this ordinance as a distinct tax measure.
Section 3.15.050. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.
Section 3.15.060. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are Item 9.b
consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
Section 3.15.070. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
Section 3.15.080. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part
1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.
Section 3.15.090. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
Item 9.b
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203 of the Revenue and Taxation Code.
1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.
Section 3.15.100. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this ordinance.
Section 3.15.110. EXEMPTIONS AND EXCLUSIONS.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a Item 9.b
declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to Item 9.b
the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
Section 3.15.111. USE OF TAX PROCEEDS. The tax imposed under this Chapter
3.15 is a general tax, the proceeds of which shall be deposited into the City’s General Fund and expended for any lawful purpose of the City.
Section 3.15.112. AMENDMENTS.
A. Pursuant to California Elections Code Section 9217, the City Council is authorized to amend this Chapter 3.15 without a vote of the electorate; provided however, that no such amendment shall increase the tax imposed hereunder.
B. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.
Section 3.15.113. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or Item 9.b
enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
Section 3.15.114. TERMINATION DATE. The authority to levy the tax imposed by this Chapter 3.15 shall not expire and shall remain in full force and effect until repealed by a vote of the qualified voters of the City. The tax imposed by this Chapter 3.15 is not subject to any sunset or expiration provision applicable to any other City transactions and use tax, including the tax imposed under Chapter 3.14 of the Vacaville Municipal Code, and shall continue in effect regardless of the expiration or termination of any such other tax.
Section 3.15.115. RELATIONSHIP TO EXISTING TRANSACTIONS AND USE TAX. The tax imposed by Chapter 3.15 is separate from, independent of, and in addition to the transaction and use tax currently imposed pursuant to Chapter 3.14 of the Vacaville Municipal Code (originally enacted as Ordinance No. 1844 and amended by Ordinance No. 1899). The following shall apply:
A. The combined rate of the tax imposed under Chapter 3.14 and the tax imposed by this Chapter 3.15 shall not exceed the maximum rate permitted under Revenue and Taxation Code Section 7251.1.
B. The expiration of the tax imposed under Chapter 3.14 approximately twenty (20) years after the date first collected pursuant to that ordinance shall not affect, reduce, or terminate the tax imposed by this ordinance, which shall continue in full force and effect until repealed by the voters pursuant to Section 3.15.114 of this ordinance.
C. This ordinance shall not be construed as an amendment to Chapter 3.14, and Chapter 3.14 shall not be construed as amended, modified, or superseded by this ordinance.
D. In the event of any conflict between the provisions of this ordinance and Chapter
3.14, each ordinance shall be given independent effect according to its own terms.
Section 3.15.116. CITIZEN OVERSIGHT COMMITTEE. The City Council shall establish a Citizens Oversight Committee to review and report annually to the Council on the receipt and expenditure of revenue from the tax authorized by this chapter.
SECTION 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 3. EFFECTIVE DATE. Pursuant to Elections Code Section 9217, this Ordinance shall be considered adopted on the date that the City Council declares that the voters of the City of Vacaville have approved the Ordinance by a vote of no less than a majority of the votes cast by the electors voting at the General Municipal Election held on Tuesday, November 3, 2026, and shall go into effect ten (10) days thereafter. Following a declaration by the City Council that this Ordinance was approved by a majority of the voters, as set forth in Elections Code Section 9217, Item 9.b
for the purpose of defining the operative date of this Ordinance in accordance with Revenue and Taxation Code section 7265, the Mayor is hereby authorized to approve that this Ordinance was adopted on November 3, 2026, by signing where indicated below.
SECTION 4. ELECTION.
A. Call of Election. A municipal election is hereby called and ordered to be held in the City on Tuesday, November 3, 2026, at which election there shall be submitted to the qualified voters of the City the proposition set forth below.
B. Ballot Measure. The measure shall appear on the ballot for said municipal election in the following form:
“Vacaville Essential Services Measure of 2026. Shall the citizens of Vacaville adopt a measure maintaining the City’s financial stability and essential services—including 911 emergency response; fire and ambulance protection; crime prevention; parks and recreation; safe public spaces; supporting local businesses; repairing streets; and other general City services—by establishing an additional one-cent sales tax providing approximately twenty-eight million dollars annually, with local control, citizens oversight, annual audits, and public reporting, until ended by voters?” The City Council ("Council") does hereby submit to the qualified voters of the City, at said municipal election, this Ordinance and the ballot measure set forth above.
C. Submission Intent. The Council does hereby submit to the qualified voters of the City, at said municipal election, this Ordinance and the ballot measure set forth in Section 4(B) hereof. The City intends to levy the transactions and use tax for the objects and purposes set forth above if a majority of all qualified voters voting on the proposition set forth above vote in favor thereof.
D. Polls Open. The polls for said election shall be opened at seven o'clock A.M. of the day of said election and shall remain open continuously from said time until eight o'clock P.M. of the same day, when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.
E. Consolidation with Statewide General Election. The municipal election hereby called for the date hereinbefore specified shall be, and is hereby, ordered consolidated with the statewide general election to be held within the City on said date, and within the territory affected by the consolidation, the election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the statewide general election and specified herein. The Board of Supervisors of the County of Solano is hereby requested to order the consolidation of the municipal election hereby called with said statewide Item 9.b
general election, and the Board of Supervisors of the County of Solano is hereby authorized to canvass the returns of said municipal election, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used. Said Board of Supervisors shall certify the results of the canvass of the returns of said municipal election to the Council, which shall thereafter declare the results thereof. The measure submitted by this Ordinance shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 13116 of the Elections Code of the State of California.
F. County Registrar of Voters' Services. The Board of Supervisors of the County of Solano is hereby requested to permit the County Registrar of Voters to provide such services as may be necessary to properly and lawfully hold and conduct a municipal election in the City on November 3, 2026, including, but not limited to, consolidation of precincts; recruitment and appointment of election officers; establishment of polling places; preparing and mailing notices of appointment; printing sample ballots, sample ballot envelopes, ballot measures, polling place cards, ballot arguments and mailing to registered voters; the providing and printing of official ballots and polling cards; purchase election supplies, including precinct and absent voter supplies, voting booths and flags; provide for absentee voting at the Office of Registrar of Voters, Election Division; cartage of voting booths, ballots, ballot boxes and precinct supplies to precincts; supervision and conduct of election; provide registration lists and any other materials and services that may be requested from time to time by the City Clerk or required to lawfully conduct the election in accordance with the California Elections Code.
G. Canvass of Returns. The County Registrar of Voters is hereby authorized to tabulate votes and canvass the returns of the municipal election, which shall be held in all respects as if there were only one election. Only one form of ballot shall be used and the returns of the election need not be canvassed by the Council. The canvass shall be made in accordance with the provisions of Division 15 (commencing with Section 15000) of the California Elections Code. The County Clerk shall declare the results of the canvass of the returns of the municipal election, based on the certified statement of results submitted by the County Registrar of Voters.
H. Reimbursement. The City shall reimburse the County of Solano for services performed pursuant to this Ordinance upon presentation of a bill to the City.
I. Votinq Qualifications. All persons qualified to vote at general municipal elections in the City upon the date of the election herein provided for shall be qualified to vote upon the proposition submitted at said election.
J. Ballots. Ballots for the election shall be provided in the form and in the number provided by law. On said ballots, in addition to any other printed matter which may be required Item 9.b
by law, two voting squares shall be set off to the right of the proposition submitted at the election, in the manner provided by law, one having the word "YES' printed before it, and the other having the word "NO" printed before it.
K. Method of Votinq. Each voter to vote for the proposition shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "YES" on the ballot to the right of the proposition; and each voter to vote against the proposition shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "NO" on the ballot to the right of the proposition.
L. Implementation. The City Clerk and City Manager are authorized to take all actions as necessary to effectuate the purposes of this Ordinance and the election. The City Manager is authorized to execute all documents and to perform all other necessary City acts to enter into a service agreement for the provision of election services with Solano County Elections Department. The City Manager is authorized to make any typographical, clerical, and non-substantive corrections and such other revisions as may be required by the California Department of Fee and Tax Administration to this Resolution and its exhibits/attachments.
M. Compliance with Law. In all particulars not recited in this Ordinance, the election shall be held and conducted as provided by law for holding municipal elections.
N. City Clerk. The notice of the time and place of holding the election is given and the City Clerk is directed to give further or additional notice of the election in the time, form and manner as required by law. The City Clerk is hereby directed to file with the Board of Supervisors of the County of Solano and the County Registrar of Voters a certified copy of this Ordinance and to take all other actions necessary to effectuate the directives of this Ordinance including, but not limited toy revising the language of the ballot measure set forth in Section 4(B) to ensure that it complies with law. The City Clerk is directed to transmit to the City Attorney a copy of this Ordinance and the City Attorney is directed to prepare an impartial analysis thereof consistent with applicable law.
I hereby certify that this Ordinance was introduced at a regular meeting of the City Council of the City of Vacaville, held on the 23rd day of June, 2026, and passed and adopted by the voters of the City of Vacaville this ___ day of _______, 2026
Ayes:
Noes:
Absent:
Item 9.b
ATTEST: APPROVED:
By:__________________________ _____________________________ Michelle Thornbrugh, City Clerk John Carli, Mayor
Date:________________________
Item 9.b
Item 9.b
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Erin Morris, Community & Economic Development Director (Staff Contact: Albert Enault, Senior Planner (707) 449-5364) Subject: Resolution of the City Council of the City of Vacaville to authorize the City Manager, or designee, to execute a Funding Agreement with Regis Homes of Sacramento, LLC for the
Roberts’ Ranch Parcel M Development Project to provide
funding for additional consultant services in an amount not to exceed $244,165, and to authorize the City Manager, or
designee, to execute Professional Services Agreements with Management Advisory Services (MAS), DUDEK, and Fehr &
Peers for the Roberts’ Ranch Parcel M Development Project Actions for Consideration:
The City Council will consider a resolution authorizing the City Manager or designee to enter into a funding agreement with Regis Homes of Sacramento, LLC. to provide funding for professional services agreements with Management Advisory Services (MAS) for planning consultant services, DUDEK for environmental analysis services, and Fehr & Peers for transportation impacts analysis for the Roberts’ Ranch Parcel M Development Project.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
On October 26, 2023, Regis Homes of Sacramento, LLC. (“Applicant”) submitted an application on behalf of the property owner, Kairos Public School Vacaville Academy (“Kairos”), with a request to initiate a General Plan Map Amendment for a 16.42-acre school site (Parcel M) located in the Roberts’ Ranch Specific Plan (Attachment 1). The Applicant is requesting to convert 12.77 acres from Schools to Residential Low Medium Density (5.1 – 8.0 units/acre) for the purpose of creating 82 lots for single-family detached residential development and selling the property to a home builder. The remaining 3.65 acres would be used by Kairos for their campus expansion, and the property sale would provide additional funding for construction of the existing school campus and future expansion. On August 27, 2024, the City Council adopted Resolution No.
Item 9.c
2024-083 authorizing the initiation of a General Plan Amendment for the Roberts’ Ranch Parcel M Development Project (“Project”).
On April 30, 2026, the Community & Economic Development Department received a formal development application for the Project, which was promptly reviewed for completeness by the City’s Project Review Committee. On May 28, 2026, the City provided written notification to the Applicant that their Project submittal was incomplete. During the initial 30-day review period, the City issued various Requests for Proposals (RFPs) for qualified consultants to provide the City with professional services for the Project, which are described below.
Discussion:
The Project requires the review and evaluation of various entitlements to ensure consistency with the Vacaville General Plan, Vacaville Municipal Code, and California Environmental Quality Act (CEQA). Currently, the Community & Economic Development Department is understaffed and requires additional consultant services to help ensure timely processing of the Project. As noted above, the City issued RFPs and received proposals for providing assistance to the City, which are described below:
• Management Advisory Services (MAS) – On April 7, 2026, MAS submitted a scope of work (Attachment 2) with a quote of $38,455 to provide planning assistance with reviewing and processing the development application. Specific tasks include:
o Assisting in day-to-day planning tasks.
o Preparing and coordinating project scheduling, neighborhood meetings, and public hearings.
o Managing coordination between the City, Applicant, and consultant services. • Dudek – On June 8, 2026, Dudek submitted a scope of work (Attachment 3) with a quote of $188,947 to assistance with the preparation of a Supplemental Environmental Impact Report (EIR) in accordance with the CEQA Guidelines. Specific tasks include:
o Preparing the project description and notice of preparation. o Conducting technical analyses for various categories including air quality, greenhouse gas emissions, energy, etc.
o Drafting a Supplemental EIR for public disclosure and circulation. • Fehr & Peers – On May 14, Fehr & Peers submitted a scope of work (Attachment 4) with a quote of $14,900 to prepare a Vehicle Miles Traveled (VMT) analysis. In addition, the City would collect 15% ($2,235) to compensate the City’s Traffic Engineering Division for costs associated with managing the consultant and reviewing the VMT analysis.
Because the sum of all consultant services involves a significant cost totaling $244,537, the City is proposing to execute a funding agreement (Attachment 5) between the Applicant and City. The purpose of a funding agreement is to establish a clear legal and financial framework under which Item 9.c
the Applicant pays for municipal costs associated with reviewing and supporting the development project. Funding agreements typically serves several purposes:
• Cost Recovery – Development projects often require specialized expertise (e.g., traffic engineering, environmental analyses, planning, architecture, archaeology, or legal review). Rather than having taxpayers bear these costs, the Applicant reimburses the City for consultants retained to review the project.
• Independent Experts – Although the Applicant funds the work, the subconsultants (e.g., MAS, Dudek, Fehr & Peers) are engaged by or report to the Community & Economic Development Department, which helps ensure the technical review remains impartial and protects the public interest.
• Ongoing Funding Provisions – Large developments can span months or years, with evolving review needs. A funding agreement establishes how funds are deposited (often into a reserve or trust account), when additional deposits are required, and how consultant invoices are paid.
• Efficient Project Review – Agreements define each party's responsibilities, and with funding already secured, the City of Vacaville can retain experts promptly without waiting for budget approvals, helping avoid delays in reviewing development applications. • Financial Risk – A funding agreement places the financial burden of project-specific review on the party benefiting from the development, rather than on the municipality's general revenues.
The Community & Economic Development Department is requesting the City Council to authorize the City Manager or designee to execute a funding agreement between the Applicant and City in an amount not to exceed $244,537. In addition to this funding agreement, staff is requesting the City Council to authorize the City Manager or designee to execute professional services agreements with MAS, Dudek, and Fehr & Peers, to provide additional consultant services for the Project.
Environmental Impact:
This proposed resolution has been reviewed with respect to the applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). The resolution is not a project under CEQA Guidelines Section 15378 because it involves administrative activities that will not result in direct or indirect physical changes in the environment.
Fiscal Impact:
The proposed funding agreement is not to exceed $244,537 for cost and material basis. The entire funding for the project will be paid for by the Applicant Team and will not impact the City’s General Fund.
Item 9.c
Amount Requested: None.
Funding Source: Funding will be provided by the Applicant as a one-time deposit to the City, which will be used to pay monthly consultant invoices associated with Planning, Environmental, and Engineering consultant services. The Applicant group would be billed monthly for costs incurred and would be required to provide additional deposits as funds are gradually spent.
Budget Distribution: If approved by Council, the budget would be loaded into special revenue account 2924.20.2052.5224|333 to track costs related to this project.
Alternatives:
The Council could direct staff to not execute a funding agreement or professional services agreements for the Project. This action is not recommended because various consultant services are required to ensure timely review and evaluation of the Project.
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville’s Quality of Life
Initiative 3A: Promote Housing for All
Levine Act:
Yes
Attachments:
Resolution – Action Item
Attachment 1: Location Map
Attachment 2: MAS Scope of Work
Attachment 3: Dudek Scope of Work
Attachment 4: Fehr & Peers Scope of Work
Attachment 5: Draft Agreement Example
Item 9.c
CITY OF VACAVILLE
Resolution No. 2026-
Resolution of the City Council of the City of Vacaville to authorize the City Manager, or designee, to execute a Funding Agreement with Regis Homes of Sacramento, LLC for the Roberts’ Ranch Parcel M Development Project to provide funding for additional consultant services in an amount not to exceed $244,165, and to authorize the City Manager, or designee, to execute Professional Services Agreements with Management Advisory Services (MAS) DUDEK, and Fehr & Peers for the Roberts’ Ranch Parcel M Development Project
Whereas, on October 26, 2023, Regis Homes of Sacramento, LLC. (“Applicant”) submitted an application to the City of Vacaville (“City”) on behalf the Kairos Public School Vacaville Academy (“Property Owner”), with a request to initiate a General Plan Map Amendment for the following:
Roberts’ Ranch Parcel M Development Project
East of Carroll Way and north of Marshall Road
Assessor Parcel Number 0138-030-200
Whereas, on August 27, 2024, the City Council adopted Resolution No. 2024-083 authorizing the initiation of a General Plan Amendment for the Roberts’ Ranch Parcel M Development Project (“Project”); and
Whereas, on April 30, 2026, the Applicant submitted a formal development application for an Environmental Assessment, General Plan Amendment, Zoning Map Amendment, Tentative Subdivision Map, and Airport Area of Influence Review for the Project; and Whereas, on April 7, 2026, the City received a Scope of Work (SOW) from Management Advisory Services (MAS) for Planning Professional Services in the amount of $38,455 in support of the Project, and the Director of Community & Economic Development and Applicant have reviewed the SOW and concluded MAS has the qualified staff and experience necessary to support City staff; and
Whereas, on May 14, 2026, the City received a SOW from Fehr & Peers (F&P) for Transportation Engineering Services in the amount of $14,900 in support of the Project, with an additional cost of $2,235 to be collected by the Public Works Traffic Engineering Division, and the Director of Community & Economic Development and Applicant have reviewed the SOW and concluded the total amount of $17,135 represents the cost associated with qualified City staff and consultant experience necessary to prepare a Vehicle Miles Traveled (VMT) analysis for the Project; and
Whereas, on June 8, 2026, the City received a SOW from Dudek for Environmental Analyses Services in the amount of $188,947 in support of the Project, and the Director of Community & Economic Development and Applicant have reviewed the SOW and concluded Item 9.c
Dudek has the qualified staff and experience necessary to support City staff in the preparation of a Supplemental Environmental Impact Report for the Project; and Whereas, the City and Applicant desire to enter into a Funding Agreement to ensure cost recovery, ongoing funding provisions, and efficient project review for the Project, and the City desires to execute individual Professional Services Agreements to implement the SOWs provided by MAS, Dudek, and Fehr & Peers to support the Project; and Now therefore be it resolved that the City Council of the City of Vacaville does hereby authorize the City Manager or designee to execute a Funding Agreement between the City and Applicant in an amount not to exceed $244,537, and further authorizes the City Manager or designee to execute Professional Services Agreements with MAS, Dudek, and Fehr & Peers in support of the Project, and to take other such actions as are reasonably necessary to finalize or effectuate said agreement.
I hereby certify that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 28th day of July 2026, by the following vote:
Ayes:
Noes:
Absent:
Attest:
__________________________________
Michelle A. Thornbrugh, City Clerk
Item 9.c
CITY OF VACAVILLE
COMMUNITY DEVELOPMENT ROBERTS' RANCH PARCEL M PROJECT
DEPARTMENT
LOCATION MAP
N
APN: 0138-030-200 FILE NO. 26-046
C
arroll W
a
y
L
eis
ure
To
w
n
R
o
a
d
S
u
nflo
w
er St
Fry Road
Elmira Road
Kairos
Charter
School
Nashe Mesto
PARCEL
M
Brighton Landing
School Site
?
Roberts' Ranch
School Site ?
ATTACHMENT 1 Item 9.c
April 7, 2026
Ms. Erin Morris
Community and Economic Development Director
City of Vacaville
650 Merchant Street
Vacaville, CA 95688
Dear Ms. Morris,
Per your request, we are submitting a revised proposal to provide project coordination for the Roberts Ranch Amendment project. This proposal provides a scope of work for the Specific Plan and General Plan amendment entitlement process for Robert’s Ranch.
Management Advisory Services is pleased to submit this proposal to provide planning services to the City of Vacaville. Our firm provides similar services to several California jurisdictions, and our goal is to deliver efficient, quality services to our clients.
Management Advisory Services will assign an experienced planning consultant to provide services to Vacaville. Kathy Pease has extensive experience in providing current and advanced planning services to our clients, as well as a successful career working directly for public agencies in planning positions.
The enclosed proposal includes the scope of work and proposed budget for our services.
Thank you for the invitation to submit this revised proposal to the City of Vacaville for the Roberts Ranch Project. We look forward to the opportunity to assist by providing exceptional planning services.
Sincerely,
Tom Sinclair, President
Management Advisory Services
Item 9.c
CITY OF VACAVILLE
PROPOSAL TO PROVIDE PLANNING SERVICES
PROJECT SCOPE OF WORK
Roberts Ranch Amendments
Management Advisory Services will assign an experienced planning consultant (Kathy Pease) to provide services to the City of Vacaville. It is our understanding that the proposed project includes amendments to allow an additional 86 dwelling units. Given other project commitments we can commit to having planning services available on a flexible schedule, typically averaging approximately four hours per week, over the course of the project. It is expected that some weeks will require substantially less than four hours per week, and other weeks, depending on deliverables and deadlines, may be substantially higher. It is anticipated that the project would be processed within a 9 to 12-month period.
Specific tasks could include:
• Assist the City of Vacaville in the day-to-day planning tasks associated with and overseeing a General Plan Amendment, re-zoning, tentative map(s), development agreement amendment and environmental review, and other tasks associated with amendments to the approved project.
• Maintain communications with stakeholders, including City staff, Developer Team, and Environmental Consultants (as needed).
• Prepare and coordinate a Project Schedule.
• Participate in a minimum of one, in-person or via Zoom, weekly ongoing coordination meetings with the Developer Team and City staff to discuss the project.
• Participate in ongoing technical meetings with various consultants. • Participate in community meetings and public hearings before the Solano County Airport Land Use Commission (if needed), Vacaville Planning Commission, and City Council.
• Review project information and other technical documents and provide comments and coordinate revisions.
• Assist City staff in the preparation of public notices, staff report(s), presentations, resolutions and other documents related to the Project.
Item 9.c
PROJECT COMPENSATION
Management Advisory Services proposes an initial not-to-exceed budget of $38,455 on a time and materials basis.
Hours Budget
Project Initiation 4 $908
Review of Project 4 $908
Review Draft SP and GPA 30
$6,810
Tentative Map, DA
amendments etc. 20 $4,540
Bi-Weekly Coordination
Meetings 30 $6,810
Public Outreach 20
$4,540
Public Hearings 25
$6,129
CEQA Process 30
$6,810
Mileage and Expenses $1,000
Total
$38,455
While compensation is on a project basis, as a convenient way of distributing costs, Management Advisory Services will invoice monthly. Payments to Management Advisory Services are due in thirty days and are independent of receipt by the City of any reimbursement of costs payable by third parties.
Consultant time is invoiced at $227 per hour. Effective January 1 st of each following
year starting in 2027, the billing rate will be increased by three percent (3.0%) Travel time is invoiced at half-time. Reimbursable expenses are invoiced at cost, including mileage at IRS rates.
INDEPENDENT CONTRACTOR
The contract for services will confirm that Management Advisory Services is an independent contractor, and will include the following language:
Item 9.c
A. While Contractor work is based on this Contract with the City, Contractor will be free from the control and direction of the City with regard to the performance of the work, both under the Contract for the performance of the work and in fact.
B. Contractor will perform work that is outside the usual course of the City’s work.
C. Contractor is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
Item 9.c
June 8, 2026
Albert Enault, Senior Planner
City of Vacaville
Community Development Department
650 Merchant Street
Vacaville, California 95688
Subject: Roberts’ Ranch Parcel M Project Supplemental EIR Dear Albert:
Dudek appreciates the opportunity to provide you with a revised scope of work and cost estimate to complete the environmental review for the Roberts’ Ranch Parcel M project. The project is a modification of the previously approved Roberts’ Ranch Specific Plan for which the City adopted an Environmental Impact Report (EIR) in 2017.
The approved Roberts’ Ranch Specific Plan set aside 16.42 acres of land for development of a future intermediate school. However, the school district declined to develop a school at the site, so the project proposes development of 82 additional single family residential units on 12.79 acres of the vacant land (3.63 acres would remain undeveloped as part of an existing school to the north). The project would require a General Plan Amendment from Schools to Residential Low Medium Density and a zoning amendment from Public Facilities (PF) to Residential Low Medium (RLM).
Based on our understanding of the proposed project and the 2017 EIR, we believe that a Supplemental EIR (SEIR) is the appropriate environmental document for the project. We propose updates to some of the technical studies to determine to what degree there may be any changes in the project’s environmental effects relative to those identified in the 2017 EIR. The focus will be on identifying any new information, describing project modifications, and presenting substantial evidence to demonstrate whether those changes could result in new or more severe significant environmental effects.
We look forward to discussing our proposed scope of work with you and to continuing to work with the City. If you have any questions about our proposed scope and budget, please call me at 916.438.5312 or email me at [email protected].
Sincerely,
Brian Grattidge
Senior Project Manager
cc: Angelica Chiu, Environmental Planner, Dudek
Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 2
Scope of Services
TASK 1 PROJECT INITIATION AND NOTICE OF PREPARATION
Dudek’s project manager and deputy project manager will attend a project initiation meeting with City staff and the applicant team to discuss the approach and format of the CEQA document, project description/components, technical issue areas to be evaluated, public concerns, any project-related concerns, tribal outreach, project schedule, and information needs. Based on this meeting, Dudek will finalize the project schedule, information needs list, and any other items discussed.
Project Description
Based on project information provided by the project applicant, Dudek will prepare a project description that describes the history of the project site, existing conditions present within the project boundaries and surrounding land uses. The elements of the project will be described, including development standards, landscaping and drainage improvements, and infrastructure and utilities. In addition, requested project entitlements and/or approvals, any energy conservation features, construction activities and project phasing/schedule will also be included. A draft of the project description will be provided to City staff and the applicant’s team for review prior to commencing work on technical studies and CEQA analysis to ensure the project description accurately represents the project.
Notice of Preparation
This scope of work assumes Dudek will prepare the Notice of Preparation (NOP). A scoping meeting is required if the proposed changes to the project are considered of statewide, regional or area-wide importance. It is assumed that Dudek will attend one in-person scoping meeting and will assist with the presentation. Dudek will also prepare the Notice of Completion (NOC) and upload the NOP to the State Clearinghouse CEQA Portal to initiate start of the 30-day public review period. It is assumed City staff will compile the mailing list and mail notices and provide the required notice for release of the NOP, including filing the NOP with the Solano County Clerk’s office, per section 15082 of the CEQA Guidelines.
Task 1 Deliverables
▪ Draft Project Description (MS Word)
▪ Draft NOP (MS Word)
▪ Final NOP (PDF)
TASK 2 TECHNICAL ANALYSES
Given the change in development from a school to 82 single family residential units, it is necessary to update some of the technical studies on which the 2017 EIR was based.
Dudek will conduct the following technical analyses to support the SEIR:
▪ Air Quality, Greenhouse Gas Emissions, Energy, and Construction Health Risk Assessment (analysis to be incorporated in the SEIR; no stand-alone report is assumed) Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 3
▪ Supplement to the Biological Resources Assessment prepared by Madrone (2016) ▪ Archaeological Resources Letter Report
▪ Noise Assessment
▪ An updated transportation analysis will also be prepared by the City’s consultant, with evaluation by Dudek for incorporation in the SEIR.
Task 2.1 Air Quality, Greenhouse Gas Emissions, and Energy Dudek will prepare Supplemental EIR (SEIR) sections assessing the air quality, greenhouse gas (GHG) emissions, and energy impacts of the proposed project utilizing the significance thresholds in Appendix G of the CEQA Guidelines, and Yolo-Solano Air Quality Management District (YSAQMD) emissions-based thresholds and City guidance, as applicable. The purpose of the technical analysis is to support an SEIR that would revise the 2017 Roberts’ Ranch Specific Plan EIR (2017 EIR) to include 88 additional single family residential units.
The 2017 EIR included an air quality analysis and determined that GHG emissions and energy impacts had been adequately addressed in the City of Vacaville 2015 General Plan EIR. In September 2021, the City Council approved an updated Energy and Conservation Action Strategy (ECAS). The proposed project would require a General Plan Amendment to change the proposed land use from Schools to Residential Low Medium Density.
Therefore, the air quality analysis cannot be tiered from the 2017 EIR or the ECAS, and should be evaluated separately. However, Dudek will evaluate the potential for the project’s air emissions to conflict with the updated ECAS. For each subject area, Dudek will 1) summarize the previous CEQA documentation analysis and significance conclusions by threshold, 2) identify mitigation measures required through previous CEQA analysis that are applicable to the project, and 3) include a concluding statement comparing the modified project’s CEQA significance determination to the previous CEQA analysis for the approved project. Regarding change in circumstances, as these issue areas are constantly evolving, Dudek will provide a complete environmental and regulatory setting that reflects current conditions for air quality, GHG emissions, and energy.
After reviewing all available project materials, Dudek will prepare a request for any outstanding data needed to conduct the analysis. If precise information on a particular factor is not available from the City, Dudek will make every effort to quantify these items using the best available information for comparable data sources, but in all cases will consult first with the City regarding the information needed. Prior to modeling the project, Dudek will work with the City to confirm the appropriate project specifications.
Details of the air quality, GHG, and energy analysis (e.g., daily criteria air pollutant emission calculations, annual GHG emission calculations, and energy calculations) will be included as appendices.
Air Quality Assessment
Local and regional climate, meteorology, and topography as they affect the accumulation or dispersal of air pollutants will be presented in the air quality assessment. Current air quality conditions and recent trends in the Sacramento Valley Air Basin, where the project is located, will be described on the basis of California Air Resources Board (CARB) and U.S. Environmental Protection Agency (EPA) annual air quality monitoring data summaries. Federal, state, and local regulatory agencies responsible for air quality management will be identified, and applicable federal, state, and local air quality policies, regulations, and standards will be summarized.
Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 4
Dudek will estimate criteria air pollutant emissions associated with the proposed residential project using the latest version of the California Emissions Estimator Model (CalEEMod). The analysis of short-term construction emissions will be based on scheduling information (e.g., overall construction duration, phasing, and phase timing) and probable construction activities (e.g., construction equipment type and quantity, workers, and haul trucks) developed by the City and/or standardized approaches. Dudek will then evaluate the significance of the construction emissions based on the applicable YSAQMD thresholds. Dudek assumes that construction will occur in one phase; if the project is developed in multiple phases, Dudek can provide this analysis under separate scope and budget.
The project would generate toxic air contaminant (TAC) emissions in the form of diesel particulate matter (DPM) during construction of the project from off-road equipment and diesel vehicles. Dudek understands that sensitive receptors (i.e., residences and a school) are located within close proximity (less than 1,000 feet) to the project site to the north and south. As such, Dudek recommends conducting a formal construction health risk assessment (HRA) to evaluate impacts to sensitive receptors proximate to the project. The construction HRA scope is detailed separately below.
CalEEMod will also be used to estimate project-generated long-term operational criteria air pollutant emissions associated with mobile, energy, and area sources. When project-specific details are not available, operational emissions will be estimated using the default values in CalEEMod for the proposed land uses based on the total proposed square footage. Dudek will compare the criteria air pollutant emissions to the YSAQMD emissions-based thresholds.
Dudek will qualitatively evaluate whether traffic associated with the proposed project could lead to potential exposure of sensitive receptors to substantial localized concentrations of air pollutant emissions, specifically carbon monoxide (CO) “hot spots.” In addition, Dudek will qualitatively evaluate health effects of criteria air pollutant emissions and the potential for valley fever exposure.
General Plan Policy COS-P12.8 requires an evaluation of residential development or other projects with sensitive receptors proposed within the buffer distances identified by the California Air Resources Board’s (CARB) Air Quality Land Use Handbook to ensure sensitive receptors would not be exposed to an increased cancer risk or to ground-level concentrations of non-carcinogenic TACs. The project would site sensitive receptors (proposed residences) greater than 500 feet of nearby freeways, which is the buffer distance identified by CARB. As such, Dudek has not proposed a freeway quantitative health risk assessment.
All other Appendix G thresholds will be evaluated, including the potential for the project to result in other emissions such as odors or to impede attainment of the current YSAQMD air quality management plans.
Construction Health Risk Assessment
Due to the proximity to off-site sensitive receptors, a construction HRA is proposed. During construction, the primary TAC of concern would be diesel particulate matter (DPM) from on-site off-road equipment and heavy-duty trucks. Dudek will use the American Meteorological Society/U.S. Environmental Protection Agency Regulatory Model (AERMOD) and local meteorological data obtained from the YSAQMD to conduct dispersion modeling, and CARB’s Hot Spots Analysis and Reporting Program Version 2 (HARP2) and estimated annual average DPM emissions to calculate the health impacts. The maximum cancer risks at the appropriate receptors will be tabulated. The assessment will also include the estimated hazard indices due to non-cancer health effects Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 5
associated with DPM. If the health impacts exceed the thresholds of significance, we will suggest appropriate mitigation measures to reduce the health impacts. A summary of the methodology and results will be provided in the air quality section of the SEIR, and details of the analysis will be included in an appendix to the SEIR.
GHG Emissions Assessment
In September 2021, the City Council approved an updated Energy and Conservation Action Strategy (ECAS). The proposed project would require a General Plan Amendment to change the proposed land use from Schools to Residential Low Medium Density. Therefore, the GHG analysis cannot be tiered from the ECAS, and should be evaluated separately.
The GHG emissions assessment will include a setting and background discussion consisting of a summary of the greenhouse effect and global climate change, potential changes to the global climate system and to California, and emission inventories at the national, state, and local levels. It will also include a summary of the key federal, state, and local regulatory actions and programs to reduce GHG emissions.
Dudek will estimate the GHG emissions associated with construction and operation of the project using CalEEMod. Construction GHG emissions calculations will be based on the same construction scenario utilized in the air quality analysis. Project-generated operational GHG emissions that will be estimated will include those associated with motor vehicles, natural gas usage, electrical generation, water supply, wastewater, solid waste disposal, and refrigerants. When project details are not available, CalEEMod default values will be used to calculate direct and indirect source GHG emissions. Details of the analysis (e.g., annual GHG emission calculations) will be included in an appendix to the SEIR.
The impact analysis will reflect Appendix G of the state CEQA Guidelines; specifically, whether a project would (1) generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment and (2) conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs. In September 2021, the City Council approved an updated Energy and Conservation Action Strategy (ECAS). Therefore, Dudek will evaluate the potential for the project’s GHG emissions to conflict with the updated ECAS. Dudek will also qualitatively evaluate the project’s potential to conflict with other applicable plans, policies or regulations adopted for the purpose of reducing GHG emissions such as, state regulations (2030 and 2045 reduction goals identified in Senate Bill 32 and Assembly Bill 1279, respectively), CARB Scoping Plans, and the Plan Bay Area 2050.
Energy
The energy assessment will include a setting and background discussion consisting of a summary of the electricity, natural gas, and petroleum consumption in California and local levels. It will also include a summary of the key federal, state, and local regulatory actions and programs to reduce energy consumption.
Dudek will prepare the energy assessment per Appendix G of the CEQA Guidelines. The project will be assessed in regard to construction and operational energy consumption (electricity, natural gas, and petroleum consumption) using data from the CalEEMod modeling, which will be quantified to the extent estimation methods and projectspecifics are available. Dudek assumes that the City will provide a list of the project’s energy conservation measures consistent with the ECAS prior to initiating air quality and GHG emissions modeling, as the energy section will include a discussion of the measures. Energy calculations will be included in an appendix to the SEIR.
Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 6
Task 2.1 Assumptions
▪ One round of modeling is assumed; any major changes to the project description or assumptions after modeling may require out-of-scope effort
▪ One construction phase is assumed; multiple phases may require out-of-scope effort ▪ No stationary sources of emissions are proposed for project operation ▪ Quantitative CO hotspot modeling is not required
▪ Details of the analysis (e.g., CalEEMod modeling outputs) will be included as appendix to the SEIR ▪ Dudek assumes that the City will provide a list of the project’s sustainable design and energy conservation measures prior to initiating CalEEMod modeling, as the energy analysis will be prepared consistent with the emissions modeling assumptions
▪ Dudek will respond to one round of consolidated, non-conflicting comments (i.e., one file with all comments combined)
Task 2.1 Deliverables
▪ Draft and Final SEIR Air Quality, GHG, and Energy Sections (MS Word) Task 2.2 Supplement to the Biological Resources Assessment Dudek biologists will prepare a supplement to the Biological Resources Assessment (BRA) prepared by Madrone Consulting for the original project in 2016. Dudek will complete a full search of public databases for the project site and vicinity in the California Natural Diversity Database (CNDDB), U.S. Fish and Wildlife Service Information for Planning and Consultation (IPaC), and the California Native Plant Society database. Based on that review, Dudek will complete a brief site visit to formally evaluate the habitat present and evidence of any special-status species occurrences. Following the site visit, Dudek biologists will prepare a focused supplemental BRA, describing the habitats present on site, the results of database searches, and the potential for special-status species or natural communities to occur. The supplemental BRA will identify any additional species to be evaluated based on new listings under the Endangered Species Act, California Endangered Species Act (including recently listed bumble bee species), new regulations or rules promulgated by federal, State, or local agencies, changes in best practices for avoidance, minimization and mitigation measures, and other elements so that the BRA is fully up to date for the proposed project. We will also review the current status of the Solano HCP and any interpreting documents (e.g., General Plan appendices) for updates to the standard AMMs that are implemented based on the Solano HCP. This document will be included as an appendix to the SEIR. The Dudek biologist will incorporate the findings from the Supplemental BRA into the updated Biological Resources section of the SEIR and include a review of mitigation measures from the prior 2017 EIR for applicability to the proposed project.
Based on a preliminary review of the 2016 Aquatic Resources Delineation Report (ARDR) prepared by Madrone, the site is limited to agricultural ditches and would be subject to only State Water Board jurisdiction under the Porter-Cologne Water Quality Control Act. We would confirm the prior mapping in the field during our reconnaissance survey. We assume that Dudek would verify the findings of the prior ARDR and provide a brief supplemental memorandum for the record supporting the prior mapping for the purposes of CEQA compliance. A supplemental ARDR is not assumed to be necessary.
Task 2.2 Deliverables
▪ Draft and Final Supplemental BRA (MS Word and PDF)
Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 7
Task 2.3 Archaeological Resources
A cultural resources assessment was produced for the Roberts' Ranch Specific Plan in 2016 by Dudek. Dudek will prepare an updated cultural resources assessment of the proposed study area to assess the presence or absence of potentially significant prehistoric and historic-era archaeological sites in accordance with CEQA and the 2017 EIR.
Records Search and Background Research: As the previous records search was conducted 10 years ago, Dudek will conduct an updated records search for the project site. This study will consist of a review of literature and site records on file with the Northwest Information Center (NWIC) for the project site and a 0.5-mile radius surrounding it. It is assumed that the direct cost for the NWIC records search will not exceed $1,200. In the event that direct costs for the NWIC records search exceeds $1,200, the client will be immediately notified. The archival study involves a review of previous cultural resources investigations performed within the records search limits.
Dudek will initiate correspondence with the Native American Heritage Commission (NAHC) to request a search of the Sacred Lands File for any known Native American resources identified within the project site. As part of the results of this search, the NAHC will provide a Contact List of tribal individuals and organizations that may have additional information concerning resources in the vicinity. This scope assumes all tribal consultation required for the project will be completed by the lead agency
Survey: Archaeologists qualified in prehistoric and historic-era resources will survey all accessible portions of the project site to assess and document any potential sites and features, to update the survey conducted in 2016.
Field recording and photo documentation of the project site and potential resources will be completed, as appropriate. The present scope anticipates one archaeologist will be able to completely survey the project site in no more than one day of survey. Dudek assumes no tribal representative will be required to be present during the pedestrian survey. Dudek additionally assumes that no cultural resources will be identified within the survey area.
Should archaeological resources be identified documentation of the resources to survey level best practice standards will be required. In this event, Dudek will work with the client to provide a cost and scope to support these efforts.
Reporting: An updated archaeological resources letter report will be prepared for submittal and review by the client. This letter report will consist of a description of the project, study methods, results of the records searches and survey, potential impacts to known and yet-identified resources, and mitigation recommendations. Following review and comment, Dudek will prepare the final technical report for incorporation into CEQA documentation.
Task 2.3 Assumptions
▪ The survey will be completed by one archaeologist in one day. ▪ No cultural resources will be identified within the survey area. ▪ No more than two versions of the technical report will be prepared. ▪ No tribal representative will be required to be present during the pedestrian survey. ▪ All Native American consultation efforts will be completed by the lead agency. ▪ No federal nexus has been identified that would require compliance with Section 106 of the National Historic Preservation Act. Should this assumption change, a budget augmentation will be needed.
Task 2.3 Deliverables
Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 8
▪ Draft and Final Archaeological Resources Letter Report (MS Word and PDF) Task 2.4 Noise Assessment
Dudek will prepare a noise assessment addressing project-generated traffic noise and rail operations noise exposure for future project residents. The 2017 EIR determined noise impacts had been adequately addressed in the City of Vacaville 2015 General Plan EIR, since the proposed land uses were consistent with general plan land use designations. However, the proposed project includes a request to change the land use designation from education facility to residential. The change to residential land use designation and subsequent development of 88 residences has the potential to increase traffic trip generation from the project site. Roads providing access to the project site pass through existing or planned residential neighborhoods, and these residential land uses could be impacted by the increase in roadway traffic.
A field noise study will be conducted to measure existing on- and off-site noise conditions. Short-term (i.e., 15-30 minutes) sound pressure level (SPL) measurements will be conducted at up to three (3) on-site and nearby noisesensitive receiver locations, which are expected to include a location on Tractor Road, Carroll Way, and Marshall Road. Manual traffic counts of vehicles along the adjacent street segment will also be completed during the sound level measurements and used to calibrate the traffic noise model for use in characterizing the ambient community noise equivalent level (CNEL). Dudek will also conduct a 24-48 hour SPL measurement near the corner of Tractor Drive and Marshall Road to characterize noise exposure levels on-site from train operations on the nearby railroad line to the southeast.
Long-term (operational) noise effects from the existing, future and project-related vehicle trips along the nearby roadways adjacent to noise-sensitive uses (i.e., residences) will be evaluated, using the project’s traffic study and the Federal Highway Administration’s Traffic Noise Model (TNM) version 2.5. Anticipated roadway segments to be evaluated would include Tractor Road, Carroll Way, and Marshall Road.
The significance of noise impacts will be assessed based on the relevant City of Vacaville, state and federal thresholds. If significant impacts are identified, mitigation measures to reduce impacts to a less than significant level (where feasible) will be recommended. Dudek will prepare a stand-alone technical memorandum that includes regulatory background, existing noise environment, study methodology, results of the noise analysis, findings of potential effects and mitigation measures (if needed). The technical memorandum will be used to support completion of the noise section of the CEQA document for the project. Attachments to the technical memorandum will contain the noise measurement data logs and modeling input and results for traffic noise.
While existing train noise exposure levels at a project site are no longer evaluated in CEQA, Dudek will compare the measured noise levels at the project site from train operations to general plan exterior noise exposure levels for residences, to assist in evaluating the project’s consistency with such policies.
Task 2.4 Assumptions
▪ The City’s traffic consultant will provide trip generation numbers for the project.
Task 2.4 Deliverables
▪ Draft and Final Noise Assessment (MS Word and PDF)
Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 9
TASK 3 DRAFT SUPPLEMENTAL EIR
Based on our initial review and understanding of the project, we propose preparation of a SEIR to analyze the change in the currently proposed development (residential) as compared to the development analyzed in the prior 2017 EIR (development of a school). Many of the environmental issues typically addressed in an EIR were “scoped out” of the prior 2017 EIR under the provisions of CEQA Guidelines Section 15183. Section 15183 provides that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. The prior 2017 EIR relied upon the City’s General Plan EIR for this analysis. As the proposed project is not consistent with the General Plan (requiring a General Plan Amendment to change the land use classification), these “scoped out” topics may need to be revisited, unless it can be shown with certainty that the proposed project would not result in a significant environmental impact.
Therefore, the SEIR would address the following issues:
Air Quality. Air Quality impacts would be analyzed based on the air quality analysis described in Task 2.1.
Biological Resources. Biological resources would be analyzed based on the updated Biological Resources Assessment, described in Task 2.2.
Cultural Resources. Cultural Resources would be analyzed based on the updated Archaeological Resources letter report described in Task 2.3.
Greenhouse Gas Emissions. GHG emissions would be analyzed based on the air quality analysis described in Task
2.1. Land Use / Planning. The project would require a General Plan Amendment from Schools to Residential Low Medium Density and a zoning amendment from Public Facilities (PF) to Residential Low Medium (RLM). The SEIR will evaluate the potential effects related to land use compatibility and consistency with General Plan goals and policies and other relevant planning documents, including the Airport Land Use Compatibility Plan for the Nut Tree Airport.
Noise. Noise impacts would be analyzed based on the noise study prepared in Task 2.4.
Public Services and Recreation. The SEIR will evaluate the potential for impacts associated with new or physically altered facilities to serve the proposed project. The increase in demand for fire and police services will be evaluated and quantified associated with the need to increase staff or equipment necessitating the need to either construct a new building or expand existing facilities. The need for new parks and recreation associated with the project will be quantified using the City’s current parkland standards for future neighborhood, community, and regional parks and open space areas.
Noise. Noise impacts would be analyzed based on the noise study prepared in Task 2.4. The focus of the analysis will be on transportation noise,
Transportation. Transportation will be analyzed based on the traffic analysis prepared by the City’s Public Works Traffic Engineering Division.
Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 10
Tribal Cultural Resources. Preparation of the SEIR will require consultation requirements per Assembly Bill (AB) 52 and Senate Bill (SB) 18. It is assumed that the City will manage notification of and consultation with California Native American Tribes. Tribal Cultural Resources impacts will be analyzed based on the cultural resources study prepared, above, and consultation with participating Tribes.
The following impacts would be briefly discussed in the Notice of Preparation and would be identified as “Impacts Found to Be Less Than Significant” in the SEIR.
Aesthetics. The City does not designate official scenic vistas but recognizes that there are scenic views of large open spaces and hillsides in the East of Leisure Town Road Growth Area. There are no State Scenic Highways within the City.
Agriculture / Forestry. The property is classified as “Grazing Land” by the Department of Conservation Farmland Mapping and Monitoring Program. The site does not quality as forest land (as it does not have more than 10% native tree cover). Therefore, no agricultural or forestry impacts would occur.
Geology and Soils. The project would comply with General Plan policies under Goal SAF-1 which require that geology and soils risks be minimized through compliance with the California Building Code (CBC). All development in California is subject to the requirements of the CBC, which contains more stringent building standards than the Uniform Building Code. Project construction is also subject to the requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Compliance with the requirements of the federal NPDES and General Plan would ensure the potential for substantial soil erosion or loss of topsoil is less than significant.
Hazards & Hazardous Materials. The proposed project would be required to comply with all applicable federal and state regulations and General Plan policies related to hazards and hazardous materials. The project site is not in or near a site on the Cortese List for hazardous waste and substances.
Hydrology/Water Quality. The project would develop vacant land and increase impermeable surface, similar to the prior proposed school use. The project site would connect to infrastructure constructed to serve Roberts’ Ranch.
The SEIR will discuss potential impacts to hydrology and water quality. Available information sources would be used to analyze project impacts. It is assumed that standard BMPs and compliance with City regulations would avoid significant impacts to water quality or increased storm water runoff.
Mineral Resources. The project site is not located near Cement Hill or the western hills, which are the only places within the City where mineral resources are known to exist. Additionally, there are no mapped Mineral Resource Zone (MRZ)-2 zones in the City, which are the zones where adequate information indicates the presence or high likelihood of the presence of significant mineral resource deposits.
Population/Housing. The proposed project would develop 82 additional residential units that were not considered in the 2017 EIR. The SEIR will identify the increase in housing and population. However, the number of units is not expected to exceed the population growth assumed in the General Plan.
Utilities. The 2017 EIR quantified wastewater demand from school uses, but did not include the school use in the water, energy, or solid waste analyses. Since Roberts Ranch was approved, utilities master plans have been prepared. Dudek assumes these plans can be relied upon to determine the adequacy of water, wastewater, and stormwater infrastructure, and that no potentially significant impacts will result from the proposed project.
Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 11
Wildfire. The project site is not in a Very High Fire Hazard Severity Zone mapped by the California Department of Forestry and Fire Protection (CAL FIRE). However, open space agricultural lands in eastern Vacaville may pose a risk of grass fires. General Plan Policy SAF-5.2 requires all development in areas with a potential wildland fire risk to include firebreaks adjoining open areas, to provide adequate access to open space, and to provide adequate emergency water flow. Section 15.20.273 of Title 15 of the City’s Building, Construction and Fire Code provides development standards for new construction adjacent to open space where there is a threat of wildfire such as use of fire buffer zones, fire access roads, drainage ditches, and rear/side yard setbacks. The proposed project would comply with all policies and development standards necessary to reduce wildfire risk and therefore would not result in any significant wildfire impacts.
An overview of those issue areas that would not be affected by the proposed project changes will be provided in a chapter titled “Effects Found Not to be Significant.” A brief discussion would be provided that explains why the issue is adequately evaluated in the 2017 EIR. This approach is to be confirmed by the City.
This task includes preparing one internal review draft for City and applicant review (Administrative Draft or AD) and a pre-publication draft (Screencheck) of the Draft SEIR. Dudek will attend a coordination meeting with the City and the applicant team to discuss the applicable mitigation measures from the 2017 EIR and any new mitigation measures to be included in the Draft SEIR. This scope of work does not include preparation of a second AD SEIR. If there are significant changes to the project description or a substantial number of questions/comments on the Administrative Draft SEIR, Dudek can prepare a scope of work and cost estimate to provide this additional document.
Dudek will prepare the NOC and project summary and upload to the State Clearinghouse CEQA Portal along with the Draft SEIR to initiate start of the 45-day public review period, if requested by the City. It is assumed City staff will prepare the Notice of Availability and oversee all required public noticing required for release of the Draft SEIR.
Dudek will prepare a Draft SEIR that includes the following information:
• Introduction. The Introduction chapter will describe the CEQA process, type of environmental document, areas of concern identified as part of the NOP review process, project background/history, as well as define the environmental baseline.
• Project Description. The Project Description chapter will describe the project history and the history of the project site, existing conditions present within the project boundaries, and surrounding land uses. The new project components, including energy conservation features, infrastructure and utilities, and building designs will be described. The requested project entitlements and/or approvals will be included as well as the construction schedule. A draft of the project description will be provided to City staff and the applicant team for review prior to commencing work on the technical sections to ensure the project description accurately represents the proposed project.
• Executive Summary. The Executive Summary chapter presents an overview of the results and conclusions of the environmental evaluation. This chapter will also provide a summary of those issue areas not evaluated in the SEIR and will include the required evidence explaining why these issue areas have previously been addressed. This chapter will also identify project impacts and feasible mitigation measures in a summary table that provides an overview of the level of significance both before and after mitigation.
• Environmental Analysis. As noted above, based on our understanding of the project the SEIR will evaluate the environmental topics described above. However, based on the final project information provided by Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 12
the applicant, outcome of the NOP, and input from City staff, the issues to be evaluated in the SEIR may be revised. If this were to occur, Dudek may need to prepare an amendment to this Scope of Work that addresses any changes.
• Effects Found Not to be Significant. This chapter will briefly discuss environmental effects that were determined to be less than significant, based on information in the record, and not evaluated in detail in the EIR impact analysis.
• Other CEQA Considerations. This chapter discusses issues required by CEQA including irreversible environmental changes, and growth inducement.
• Alternatives. The chapter will include up to three project alternatives including the required No Project alternative.
• Appendices. Supporting documentation will be provided in the appendices, including all technical studies prepared for the project, and any new technical studies relied upon for preparation of the SEIR. If necessary, the appendices will be provided on a flash drive to be inserted in a sleeve in the back cover of the SEIR.
The technical sections of the Draft SEIR will describe the existing physical conditions at the project site based on a review of aerial maps and other relevant documents. Technical studies prepared as part of the project will be reviewed along with other relevant data and available project information. The sections will review the prior EIR and, as applicable, update current federal, state, and local laws and regulations, including City General Plan goals, policies, and implementation programs and relevant information from the zoning ordinance in the regulatory setting discussion.
The methods of analysis and standards of significance used for determining impacts of the project changes will be clearly described in each technical section, including any assumptions that are important to understand the conclusions of the analysis. The standards of significance will reflect the City’s current policies and regulations and will be consistent with other City environmental documents.
Task 3 Deliverables
▪ Electronic copy of the AD SEIR in MS Word for internal review ▪ Electronic copy of the Screencheck Draft SEIR in PDF for internal final review ▪ Electronic copy of the Draft SEIR in PDF for posting on the City’s website and a version in MS Word for the City’s internal files
▪ Ten hard copies of the Draft SEIR with the appendices on a flash drive TASK 4 FINAL SUPPLEMENTAL EIR
After close of the 45-day public comment period, Dudek will bracket all comment letters received and prepare written responses to comments that raise environmental issues. We assume for purposes of this scope of work, that no more than 20 unique substantive comments are received (note that a comment letter may contain multiple comments). Should comments on the Draft SEIR raise new issues or require that surveys or technical studies be conducted to complete an adequate response, Dudek will initiate discussions immediately with City staff to evaluate the options. This task requires preparing an AD Final SEIR and a Screencheck Final SEIR review draft for City and applicant review, plus a clean Final SEIR document Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 13
Consistent with CEQA requirements, a mitigation monitoring and reporting program (MMRP) will also be prepared to address any mitigation measures. The MMRP will include all applicable mitigation measures identified in the prior EIR and any new mitigation measures included in the Draft SEIR. The MMRP will be designed to ensure compliance with all adopted mitigation measures. A draft of the MMRP will be included in the Final SEIR.
A copy of responses to letters received from public agencies is required to be provided a minimum of 10 days before the project approval hearing. It is assumed Dudek will provide responses to any commenting agency, if requested by the City.
This scope of work does not include preparation of the Findings of Fact and Statement of Overriding Considerations. If requested, Dudek can provide a scope and cost estimate to prepare this deliverable.
Task 4 Deliverables
▪ One electronic copy of the AD Final SEIR in MS Word for internal review ▪ One electronic copy of the Screencheck Final SEIR in pdf for internal review ▪ Electronic copy of the Final SEIR in PDF for posting on the City’s website and a version in MS Word for the City’s internal files
▪ Draft MMRP (electronic copy)
▪ Ten hard copies of the Final SEIR
TASK 5 PROJECT MANAGEMENT AND MEETINGS
Dudek’s project manager, Brian Grattidge, with support from Dudek’s deputy project manager, Angelica Chiu, will oversee preparation of each component of the environmental analyses and coordinate interaction between the Dudek team, City staff, and the applicant team. This also includes overseeing internal staff, managing document review, reviewing monthly invoices and preparing required invoice documentation, memos, and other project management tasks.
Dudek assumes in-person attendance at one neighborhood meeting, one Solano County Airport Land Use Commission hearing, two Planning Commission hearings, and one City Council hearing during project review/approval is assumed. Dudek’s project manager and deputy project manager will attend all hearings for a total of five hours per hearing, including drive time. We assume up to two one-hour project check-ins per month, attended by Dudek’s project manager and deputy project manager.
Project Schedule
We have prepared a tentative project schedule that will be updated with specific dates once our scope or work is approved and the applicant has provided final project details (Table 1). Once the project is initiated, the project schedule will be kept updated and provided to the team through the duration of the project.
Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 14
Table 1. Estimated Project Schedule
Task Task Duration
Task 1: Project Initiation/Project Description
Project Initiation Meeting TBD
Receipt of technical reports and other project information, prepare draft project description and data needs request 3-4 weeks
Prepare NOP 1 week
City Review 1 week
Finalize NOP 1 week
30-day Scoping Period 30 days
In-person Scoping Meeting TBD
Task 2: Technical Analyses
Prepare updated technical analyses for air quality, GHGs, energy, biological resources, cultural (archaeological) resources, and noise
8-10 weeks (concurrent with Task 3)
Task 3: Draft Supplemental EIR
Prepare AD SEIR 8-10 weeks
City Review 2-3 weeks
Prepare Screencheck SEIR 1-2 weeks
City Review 1 week
Prepare Public Draft SEIR 1 week
45-day Draft SEIR Review 45 days
Planning Commission Hearing TBD
Task 4: Final Supplemental EIR
Prepare AD Final SEIR 3-4 weeks
City Review 1-2 weeks
Prepare Screencheck Final SEIR 1 week
City Review 1 week
Prepare Final SEIR 1 week
Total 8-10 months
Task 5: Project Management and Meetings
Neighborhood Meeting TBD
Solano Airport Land Use Commission TBD
Planning Commission Hearings TBD
City Council Hearing TBD
City files NOD (within 5 days of approval) TBD
Statutory limit on court challenges 30 days
Cost Estimate
The preliminary cost estimate for completion of the SEIR is estimated to be $202,372. The cost of completing the tasks will be billed on a time-and-materials basis up to the established budget following Dudek’s 2026 billing rate Item 9.c
TO: ALBERT ENAULT
SUBJECT: ROBERTS’ RANCH PARCEL M PROJECT SUPPLEMENTAL EIR JUNE 2026 15
schedule (attached). Dudek does not bill for any task or work that is not performed. This is only a cost estimate and is subject to change after receipt of project components to be evaluated and input from City staff. Table 2 includes a summary of the cost estimate. A detailed cost estimate is also attached to this proposal.
Table 2. Estimated Cost
Task Cost
Task 1 – Project Initiation and NOP $10,812
Task 2 – Technical Analyses
2.1 Air Quality, Greenhouse Gas Emissions, and Energy $26,000
2.2 Supplement to the Biological Resources Assessment $7,073
2.3 Archaeological Resources $6,733
2.4 Noise Assessment $4,760
Task 3 – Draft Supplemental SEIR $86,153
Task 4 – Final Supplemental SEIR $23,912
Task 5 – Project Management & Meetings $23,506
Total $188,947
Item 9.c
Appendix A
Cost Proposal
Item 9.c
City of Vacaville
Roberts' Ranch Parcel M
DUDEK FEE ESTIMATE
6/8/2026
Project Team Role:
Senior Specialist
IV Specialist III Analyst V Analyst II
Senior Specialist
III
Project
Director/Environm
ental Analyst V
Project
Hydrogeologist
IV/Engineer IV
Project
Director/Environm
ental
Project Director
Engineering Analyst IV
Publications
Specialist lll GIS Analyst IV
Team Member: Brian Grattidge Angelica Chiu Hayley Rundle Kaylee Palmares Matthew Morales Michael Henry Ross Owen Eric Schniewind Dennis Pascua Jonathan Leech Carson Wong Publications
Specialist lll GIS Analyst IV
Billable Rate: $275 $195 $165 $135 $260 $350 $165 $225 $350 $350 $155 $130 $200 Task 1 Project Initiation, PD, and NOP 12 38 50 $10,710 $102 $10,812 Task 2 Technical Analyses
2.1 AQ/GHG/Energy/HRA 100 100 $26,000 $26,000
2.2 BRA Supplement 20 20 $7,000 $73 $7,073
2.3 Archaeo 32 32 $5,280 $1,453 $6,733
2.4 Noise 2 20 4 26 $4,600 $160 $4,760
Subtotal Task 2 100 20 32 2 20 4 178 $42,880 $1,685 $44,565 Task 3 Draft SEIR
3.1 Admin Draft 24 60 32 100 10 10 40 20 30 16 342 $65,330 $65,330
3.2 Screencheck 12 16 20 24 10 82 $14,260 $14,260
3.3 Public Draft 8 16 6 30 $6,100 $463 $6,563
Subtotal Task 3 44 92 52 124 10 10 40 20 46 16 454 $85,690 $463 $86,153 Task 4 Final SEIR
4.1 Admin Draft 10 20 40 16 86 $14,130 $14,130
4.2 Screencheck 4 10 10 8 32 $5,440 $5,440
4.3 Final FSEIR 2 8 6 16 $2,890 $397 $3,287
4.4 MMRP 1 4 5 $1,055 $1,055
Subtotal Task 4 17 42 50 30 139 $23,515 $397 $23,912
Task 5 PM/Meetings 45 55 100 $23,100 $406 $23,506
Total Hours 118 227 52 174 100 30 42 40 20 2 20 76 20 921 Total $32,450 $44,265 $8,580 $23,490 $26,000 $10,500 $6,930 $9,000 $7,000 $700 $3,100 $9,880 $4,000 $185,895 $3,052 $188,947 Percent of Hours (Base) 13% 25% 6% 19% 11% 3% 5% 4% 2% 0% 2% 8% 2% Dudek Labor Hours and Rates
TOTAL
DUDEK
HOURS
DUDEK LABOR
COSTS
OTHER DIRECT
COSTS TOTAL FEE
Dudek Page 1 of 2
Item 9.c
Roberts' Ranch Parcel M
Mileage Costs
Task Mileage Notes Number of Miles Number of Vehicles Mileage Rate Cost 1 - Project Initiation, PD,
and NOP Scoping Meeting 70 2 $1 $102
2.2 - BRA Supplement Survey 100 1 $1 $73
2.3 - Archaeo Field Survey 100 1 $1 $73
5 - PM/Meetings Neighborhood Meeting 70 2 $1 $102
5 - PM/Meetings ALUC 70 2 $1 $102
5 - PM/Meetings PC Hearing 70 2 $1 $102
5 - PM/Meetings City Council Hearing 70 2 $1 $102
2.4 - Noise Noise Measurements 220 1 $1 $160
Other Direct Costs
Task Item Description Number of Units Unit Cost Cost
2.3 - Archaeo NWIC Records Search 1 $1,380 $1,380
3.3 - Public Draft Hard Copies 10 $46 $463
4.3 - Final FSEIR Hard Copies 10 $40 $397
Dudek Page 2 of 2
Item 9.c
555 Capitol Mall, Suite 510 Sacramento, CA 95814
May 14, 2026
Brant Beavers, PE
City of Vacaville Public Works
650 Merchant Street
Vacaville, CA 95688
Subject: Proposal to Prepare Roberts’s Ranch Parcel M CEQA VMT Assessment Dear Brant:
Fehr & Peers is pleased to submit this proposal to complete a CEQA Vehicle Miles Traveled (VMT) analysis for the referenced project. Per our correspondence, we understand that the 16.42-acre (gross) school site on Parcel M is proposed to be rezoned for 82 single family units and requires a General Plan Amendment. Our proposed scope of work (see Exhibit A) incorporates three tasks required to complete this assessment.
We will complete the tasks outlined in Exhibit A on a time-and-materials basis for a not-to-exceed fee of $14,900. We are prepared to begin work on this project within two weeks of receiving a written notice to proceed. We will submit a draft technical memorandum within six weeks thereafter.
Please call or email me if you have any questions or need additional information.
Sincerely,
FEHR & PEERS
Bob Grandy
Principal
P26-0310-SA
Item 9.c
Exhibit A: Scope of Work
Proposal to Prepare Roberts’ Ranch Parcel M VMT Analysis This VMT evaluation will assess the impact of constructing 82 single family units within a designated
16.42-acre school site on Parcel M in the Roberts’ Ranch Specific Plan area. The following tasks will be completed for analyzing the Vehicle Miles of Travel (VMT) generated by the residential uses proposed for this site.
Task 1: Vehicle Miles of Travel (VMT) Estimate
As outlined in the Interim SB 743 Implementation Guidelines for City of Vacaville (May 2020), Fehr & Peers will use the base year and Year 2050 Buildout (Minus Northeast Planning Area) City of Vacaville travel demand forecasting (TDF) to estimate the average VMT per dwelling unit for the project under each horizon year. Fehr & Peers will prepare one set of land use inputs for the model to incorporate the project land use. This will also require adjustments to the number of students assumed for the Kairos Charter School that will occupy the 3.65 acres of non-rezoned land.
The project will cause a less than significant impact if it does not cause the total VMT generated by all land uses in Vacaville to increase. If the total City-wide VMT increases, another check will be performed to compare how the project’s average VMT per unit compares to the citywide average. A significant transportation impact will be determined if the project generates an average VMT per dwelling unit that is greater than 85 percent of the city-wide average for single-family units. Both checks will be performed for the base year and cumulative year models.
Task 2: Mitigation Measures
If the VMT analysis identifies a significant impact, we will develop mitigation measure(s), primarily in the form of transportation demand management (TDM) strategies using the CAPCOA Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (California Air Pollution Control Officers Association, 2021). We will identify specific, applicable, and feasible mitigations that could be applied for the project and calculate their combined effectiveness toward reducing the project’s VMT. We will determine whether the impact would be reduced to less than significant when the recommended mitigation is applied.
Task 3: Documentation and Coordination
Fehr & Peers will prepare a draft technical memorandum to document our analysis assumptions, methodologies, and conclusions. We will submit the draft memorandum to the City of Vacaville for review and comment. We have budgeted three hours of staff time to respond to comments and will submit a final memorandum that incorporates necessary revisions.
Scope Exclusions
• Analysis of Other CEQA Transportation Topics
• Preparation of EIR (if required) Transportation Section Text • Preparation of Response to Public Comments
Item 9.c
FUNDING AGREEMENT BETWEEN
THE CITY OF VACAVILLE AND
REGIS HOMES OF SACRAMENTO, LLC FOR THE
ROBERTS’ RANCH PARCEL M DEVELOPMENT PROJECT
THIS FUNDING AGREEMENT (“AGREEMENT”) is dated for reference purposes this ____ day of __________ 2026 and made and entered into by and between the CITY OF VACAVILLE, a municipal corporation (“CITY”), and REGIS HOMES OF SACRAMENTO, LLC, a Delaware limited liability company (“DEVELOPER”). The term “PARTIES” as used herein refers collectively to CITY and DEVELOPER, and the AGREEMENT may refer to each individually as a “PARTY”.
R E C I T A L S
WHEREAS, on October 23, 2023, the DEVELOPER submitted an application for a General Plan Amendment initiation for a property commonly referred to as “PARCEL M” located in the Roberts’ Ranch Subdivision on Assessor Parcel Number 0138-030-200 as described under Exhibit A (“SUBJECT SITE”); and WHEREAS, on August 27, 2024, the City Council of the City of Vacaville heard and considered DEVELOPER’S request and approved the initiation of an amendment to the General Plan for SUBJECT SITE as recorded by City Council Resolution No. 2024-083; and
WHEREAS, on April 30, 2026, the DEVELOPER submitted a formal application for the development of SUBJECT SITE including an Environmental Assessment, General Plan Amendment, Zoning Map Amendment, Specific Plan Amendment, and Vesting Tentative Map (“PROJECT”); and WHEREAS, in preparation for development of the PROJECT, the PARTIES mutually desire that DEVELOPER shall provide payment for the costs incurred in connection with hiring and managing qualified consultants to assist with processing, overseeing, and administering the PROJECT; and NOW, THEREFORE, in furtherance of the foregoing recitals, and for good and valuable consideration, the receipt and sufficiency of which DEVELOPER and CITY each accept and acknowledge:
Attachment 5
Item 9.c
SECTION 1. TERM OF AGREEMENT.
Notwithstanding the date first stated above, the term of this AGREEMENT shall commence on the date of execution by the last of CITY and DEVELOPER (“EFFECTIVE DATE”) and shall extend through completion of the PROJECT, subject to early termination in accordance with SECTION 4 of this AGREEMENT (the “TERM”).
SECTION 2. OBLIGATIONS OF CITY.
A. CITY will retain the services of various consultants and provide the necessary internal staff to assist DEVELOPERS with planning and application processing services for the PROJECT. Each consultant is selected by the CITY, retained by the CITY, paid by the CITY, reports directly to the CITY, and shall remain independent of DEVELOPER. Nothing in this Agreement prohibits the CITY and its consultant(s) from conferring with the DEVELOPER regarding the CITY’S processing of the PROJECT application to the extent permitted by law.
B. For purposes of this AGREEMENT, consultant(s) means and includes MANAGEMENT ADVISORY SERVICES (MAS) (planning services), DUDEK (environmental analysis services), FEHR & PEERS (traffic analysis) (collectively, MAS, Dudek, and Fehr & Peers are referred to as the “INITIAL CONSULTANTS”), as well as any other professional consultants retained by the CITY, which may include but are not limited to appraisers, outside legal counsel, engineers, planners, and environmental advisors (collectively referred to as the “ADDITIONAL CONSULTANTS”). The INITIAL CONSULTANTS and ADDITIONAL CONSULTANTS may be referred to collectively in this AGREEMENT as the “CONSULTANTS.”
C. The services of the INITIAL CONSULTANT(s) shall be performed, respectively, in accordance with the scope of work from MAS dated April 7, 2026 (Exhibit B), the scope of work from DUDEK dated May 6, 2026 (Exhibit C), and scope of work from FEHR & PEERS dated May 14, 2026 (Exhibit D), and as may otherwise be directed by CITY in writing in furtherance of the CITY’s efforts to expeditiously facilitate the land use and development process and timely process land use entitlements for the PROJECT. Should CITY need to hire ADDITIONAL CONSULTANTS under this AGREEMENT, CITY and DEVELOPER Item 9.c
will amend this AGREEMENT to provide a supplementary exhibit setting forth the scope of work from such ADDITIONAL CONSULTANTS.
D. Time is of the essence in the performance of the work of the CONSULTANT(s) under this AGREEMENT.
E. CITY shall maintain any and all payments received from DEVELOPER under this AGREEMENT in a dedicated account to be used to fund the specific consultant services and other planning services specifically related to the PROJECT as agreed to between CITY and DEVELOPER in this AGREEMENT.
The funds provided to CITY in accordance with this AGREEMENT shall be used solely and exclusively for direct payment to, or reimbursing CITY for payment to, the CONSULTANT(s) for professional services and reimbursable expenses. Any interest accrued on any funds maintained in the dedicated account shall be maintained in the same account or fund for the purposes of compensation of the CONSULTANT(s) and/or CITY pursuant to this AGREEMENT.
F. CITY will approve and process the periodic invoices from CONSULTANT(s) in a timely manner as agreed to between CITY and CONSULTANT(s).
SECTION 3. OBLIGATIONS OF DEVELOPER.
G. DEVELOPER shall fund the services as described in the CONSULTANT(s)’ respective scopes of work, from the EFFECTIVE DATE of this AGREEMENT to its termination, as more particularly set forth herein.
H. Within ten (10) business days of the EFFECTIVE DATE of this AGREEMENT, DEVELOPER shall make an initial deposit (“INITIAL DEPOSIT”) totaling two hundred forty- four thousand five hundred thirty-seven dollars ($244,537) for the following services, which INITIAL DEPOSIT shall be used exclusively for the work of the INITIAL CONSULTANT(s), in addition to use of CITY’s Public Works staff time:
1. Thirty-eight thousand four hundred fifty-five dollars ($38,455) to fund the MAS scope of work as depicted by Exhibit B; and
Item 9.c
2. One hundred eighty-eight thousand nine hundred forty-seven dollars ($188,947) to fund the DUDEK scope of work as depicted by Exhibit C; and
3. Fourteen thousand nine hundred dollars ($14,900) to fund the FEHR & PEERS scope of work as depicted by Exhibit D; and
4. Two thousand two hundred thirty-five dollars ($2,235) for Public Works staff time.
In the event payment is required for use of ADDITIONAL CONSULTANTS as provided for in this AGREEMENT, or for any other mutually agreed upon purpose, CITY and DEVELOPER will amend this AGREEMENT to identify such additional costs and the associated scopes of work if applicable. Within ten (10) business days from the execution of such amendment, DEVELOPER agrees to deposit an additional sum of money (“ADDITIONAL DEPOSIT”) to fund the work of the ADDITIONAL CONSULTANTS as provided for in the amended AGREEMENT.
I. If DEVELOPER refuses or fails to make an INITIAL or ADDITIONAL DEPOSIT within the time specified herein, the CITY shall notify the DEVELOPER in writing and the DEVELOPER shall have ten (10) business days from such written notice to fund the shortfall (the “CURE PERIOD”). At the end of the CURE PERIOD, if the required deposit has not been made, the CITY shall cease processing entitlements for the DEVELOPER until the shortfall is funded. Failure to make a required deposit within the CURE PERIOD further constitutes a breach of this AGREEMENT and CITY may cease to process or perform any work on the PROJECT until the shortfall is funded, and/or elect to terminate the AGREEMENT as set forth in Section
4.B.
J. DEVELOPER acknowledges, understands, and agrees that nothing in this AGREEMENT guarantees any particular result with respect to the PROJECT (e.g., approval of an application).
DEVELOPER’s costs under this AGREEMENT are not in lieu of any other fees or direct costs to CITY that DEVELOPER may otherwise accrue in conjunction with the pursuit of entitlements or other approvals for the PROJECT.
Item 9.c
K. NO GENERAL FUND LIABILITY. It is understood and agreed that all costs associated with the PROJECT shall be borne by the DEVELOPERS and are not the obligation of the CITY, its departments, or the CITY’s General Fund.
L. RETURN OF UNUSED FUNDS. Upon request of the DEVELOPER, CITY will return any unused funds remaining in the account after final action by the CITY or withdrawal of the applications, except that DEVELOPER shall remain responsible for costs accrued before the date of final action or withdrawal, and for the defense of legal challenges as set forth in SECTION 7.
SECTION 4. TERMINATION.
M. CITY and DEVELOPER shall each have the right to terminate this AGREEMENT, without cause, by giving to the other not less than thirty (30) days’ written notice of termination. Upon such termination, DEVELOPER shall only be responsible for payment for hours worked and any reimbursable expenses properly incurred prior to termination of the AGREEMENT.
N. CITY’s Director of Community & Economic Development (“DIRECTOR”) or her authorized designee is empowered to terminate this AGREEMENT on behalf of CITY if the DEVELOPER fails to pay all INITIAL or ADDITIONAL DEPOSITS within the 10-business day CURE PERIOD as set forth in Section
3.C., subject to all requirements of this AGREEMENT.
O. Upon termination of this AGREEMENT or any extension hereof, by either PARTY, as permitted above, all funds designated for CONSULTANT(s) services, including interest earned, remaining in the account after final payment to the CONSULTANT(s), shall be released and returned to DEVELOPER no later than forty-five (45) calendar days following the effective date of termination.
P. To the extent permitted under other applicable laws, the CITY reserves the right to proceed with the PROJECT after the AGREEMENT is terminated at the CITY’S sole cost subject to all rights of the DEVELOPER, as property owners, to object to and /or oppose any such CITY actions.
SECTION 5. GOVERNING LAW.
CITY and DEVELOPER agree that the law governing this AGREEMENT shall be that of the State of California without regard to any conflict of law principles.
Item 9.c
SECTION 6. WAIVER.
CITY and DEVELOPER agree that any waiver by the other PARTY of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by CITY or DEVELOPER of the performance of any work or services by the CONSULTANT(s) shall not be deemed to be a waiver of any term or condition of this AGREEMENT.
SECTION 7. DEFENSE OF LEGAL CHALLENGES; ATTORNEY FEE AWARD.
In addition to any other indemnification, defense, or hold harmless provisions imposed upon the DEVELOPER as part of the PROJECT application, processing, and/or conditions, if there is a third-party administrative, legal, or equitable action challenging the PROJECT approvals, the DEVELOPER shall defend and indemnify the CITY against any fees and costs arising out of the defense, including the fees and costs of the CITY’s own in-house or special counsel retained to protect the CITY’s interests and such costs shall be considered authorized costs to be funded by ADDITIONAL DEPOSITS as set forth in Section 3.B. above. The DEVELOPER is entitled to legal counsel of its own choice, at DEVELOPER’s expense. The parties and their respective counsels shall cooperate with each other in the defense in accordance with the terms of a standard public agency joint defense agreement to be executed by CITY and DEVELOPER, including in any settlement negotiations. Any proposed settlement of a challenge shall require the approval of CITY and the DEVELOPER, which approval shall not be unreasonably withheld, conditioned or delayed by the DEVELOPER so long as the impact of the settlement to the DEVELOPER and their PROJECT approvals is proportionately consistent; provided if the settlement includes any monetary terms or material adverse impact on the value of the SUBJECT SITE or their future potential entitlements, then the required approval by the DEVELOPER of such monetary or material adverse terms shall be in their sole discretion and shall require approval by the DEVELOPER. If a court in any action awards attorney’s fees and costs to the opposing party, the DEVELOPER agrees to pay those fees and costs on behalf of the CITY.
Item 9.c
SECTION 8. NOTICES.
All notices and other communications required or permitted to be given under this AGREEMENT shall be in writing and shall be personally served, delivered by next-day overnight mail, or delivered by U.S. mail, postage prepaid and addressed to the respective parties as follows:
TO CITY: City of Vacaville Community & Economic Development Department c/o Erin Morris, Community & Economic Development Director 650 Merchant Street
Vacaville, California 95688
Legal Counsel: Anne Branham, Senior Assistant City Attorney [email protected]
(707) 449-5608
TO DEVELOPER: REGIS HOMES of Sacramento, LLC
c/o William Heartman - President
PO Box 19095
4750 J Street
Sacramento, CA 95819 [email protected]
(916) 558- 2907
Legal Counsel: Christian H. Cebrian
[email protected]
(415) 262-5123
Notice shall be deemed effective on the date personally delivered, or if delivered by next-day overnight mail, the next business day after mailing, or, if mailed by US Mail, three (3) days after deposit in the mail.
SECTION 9. VENUE.
If either PARTY brings suit to enforce this AGREEMENT, the venue shall be exclusively vested in the state courts of the County of Solano or, where otherwise appropriate, exclusively in the United States District Court, Eastern District of California, Sacramento, California.
SECTION 10. INTERPRETATION.
Each PARTY has reviewed this AGREEMENT and any question of doubtful interpretation shall not be resolved by any rule or interpretation providing for interpretation against the drafting PARTY. This AGREEMENT shall be construed as if both PARTIES drafted it. The captions and headings contained herein are for convenience only and shall not affect the meaning or interpretation of this AGREEMENT.
Item 9.c
SECTION 11. SIGNATOR’S WARRANTY.
Each PARTY warrants to the other that the person signing this AGREEMENT on behalf of said PARTY is fully authorized and competent to enter into this AGREEMENT in the capacity indicated by his or her signature and agrees to be bound by this AGREEMENT.
SECTION 12. PRIOR AGREEMENTS AND AMENDMENTS.
This AGREEMENT represents the entire understanding of the PARTIES as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may only be modified by a written amendment duly executed by the PARTIES to this AGREEMENT.
It is understood and agreed that the subject matter of this AGREEMENT is the CITY’s retention of and the manner of compensation to CITY for additional outside consultant services that CITY retained specifically for work on the PROJECT. This AGREEMENT in no way supersedes, affects, modifies, or changes any verbal or written obligations the DEVELOPER has previously assumed or may assume in the future or has agreed or may agree to through the PROJECT approval, entitlement, or implementation process, or any other process, including, but not limited to, DEVELOPER’s obligation to defend and indemnify CITY, to the extent such obligations exist outside of this AGREEMENT.
SECTION 13. MISCELLANEOUS.
Q. INCORPORATION OF EXHIBITS. Exhibits A, B, C, and D attached hereto are incorporated herein by reference and made part of this AGREEMENT.
R. COUNTERPARTS. This AGREEMENT may be signed in counterparts and, when signed by all parties, constitutes a binding agreement.
S. MODIFICATIONS. This AGREEMENT may be modified only in writing signed by the CITY and DEVELOPERS.
T. ELECTRONIC SIGNATURES AND COUNTERPARTS: As permitted under the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000, and the Uniform Electronic Transactions Act (UETA), the parties hereby agree to conduct this transaction by electronic means. This AGREEMENT Item 9.c
may be executed through an electronic signature and may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that the electronic signatures appearing on this AGREEMENT are intended by each party using it to have the same force and effect as the use of a manual signature for the purposes of validity, enforceability, and admissibility.
[Signature Page Follows]
Item 9.c
WITNESS THE EXECUTION HEREOF on the day and year last written below.
APPROVED AS TO FORM: “CITY”
Andria Borba, City Attorney CITY OF VACAVILLE, a municipal corporation By:_________________________ By:___________________________ Anne Branham, Senior Assistant City Attorney Erin Morris, Director of Community & Economic Development Department
Dated: ________________________
“DEVELOPER”
REGIS HOMES of Sacramento, LLC
a Delaware limited liability company
By: __________________________
William Heartman
President
Dated: _____________________
Item 9.c
EXHIBIT A
LEGAL PROJECT DESCRIPTION
Parcel M
Legal Description
The land described herein is situated in the State of California, County of Solano, unincorporated area, described as follows:
Parcel One:
That portion of the North one-half and the Southwest quarter of Section 13, Township 6 North, Range 1 West, M.D.B.&M., lying Southerly of that parcel of land described as Parcel Two in the grant deed from George W.
Locke & Son to Solano Irrigation District dated June 3, 1963 and recorded June12, 1963 in Book 1205, Official Records, at Page 10.
Excepting therefrom that portion thereof lying within the parcels of land described in the grant deed from George W. Locke & Son to Solano Irrigation District dated June 3, 1963 and recorded June 12, 1963 in Book 1205, Official Records, at Page 10.
Also excepting therefrom the interest conveyed from Dolores D. Ramos, Trustee, et al. to the City of Vacaville, a municipal corporation in the grant deed dated January 25, 2001 and recorded March 21, 2001, Instrument No. 2001-00025695, Solano County Records.
Furthering excepting therefrom that portion thereof conveyed to the City of Vacaville, a municipal corporation by grant deed recorded March 3, 2022, Instrument No. 202200016106, Official Records.
Parcel Two:
The right of ingress and egress, reserved in the grant deed from George W. Locke & Son to Solano Irrigation District dated June 3, 1963 and recorded June 12, 1963 in Book 1205, Official Records, at Page 10, "over the parcels of land granted in said deed to Solano Irrigation District to adjoining lands remaining." APN: 0134-290-030
Item 9.c
EXHIBIT B
MAS CONSULTING SERVICES
Management Advisory Services will assign an experienced planning consultant (Kathy Pease) to provide services to the City of Vacaville. Proposed project includes amendments to allow an additional 86 dwelling units. It is anticipated that the project would be processed within a 9 to 12-month period.
Specific tasks could include:
• Assist the City of Vacaville in the day-to-day planning tasks associated with and overseeing a General Plan Amendment, re-zoning, tentative map(s), development agreement amendment and environmental review, and other tasks associated with amendments to the approved project. • Maintain communications with stakeholders, including City staff, Developer Team, and Environmental Consultants (as needed).
• Prepare and coordinate a Project Schedule.
• Participate in a minimum of one, in-person or via Zoom, weekly ongoing coordination meetings with the Developer Team and City staff to discuss the project. • Participate in ongoing technical meetings with various consultants. • Participate in community meetings and public hearings before the Solano County Airport Land Use Commission (if needed), Vacaville Planning Commission, and City Council. • Review project information and other technical documents and provide comments and coordinate revisions.
• Assist City staff in the preparation of public notices, staff report(s), presentations, resolutions and other documents related to the Project.
Item 9.c
PROJECT COMPENSATION
Management Advisory Services proposes an initial not-to-exceed budget of $38,455 on a time and materials basis.
Consultant time is invoiced at $227 per hour. Effective January 1st of each following year starting in 2027, the billing rate will be increased by three percent (3.0%).
Travel time is invoiced at half-time. Reimbursable expenses are invoices at cost including mileage at IRS rates.
Item 9.c
EXHIBIT C
DUDEK SCOPE OF WORK
Task 1 Deliverables
▪ Draft Project Description (MS Word)
▪ Draft NOP (MS Word)
▪ Final NOP (PDF)
Task 2.1 Deliverables
▪ Draft and Final SEIR Air Quality, GHG, and Energy Sections (MS Word) Task 2.2 Deliverables
• Draft and Final Supplemental BRA (MS Word and PDF)
Task 2.3 Deliverables
• Draft and Final Archaeological Resources Letter Report (MS Word and PDF) Task 2.4 Deliverables
• Draft and Final Noise Assessment (MS Word and PDF)
Task 3 Deliverables
▪ Electronic copy of the AD SEIR in MS Word for internal review ▪ Electronic copy of the Screencheck Draft SEIR in PDF for internal final review ▪ Electronic copy of the Draft SEIR in PDF for posting on the City’s website and a version in MS Word for the City’s internal files
▪ Ten hard copies of the Draft SEIR with the appendices on a flash drive Task 4 Deliverables
▪ One electronic copy of the AD Final SEIR in MS Word for internal review ▪ One electronic copy of the Screencheck Final SEIR in pdf for internal review ▪ Electronic copy of the Final SEIR in PDF for posting on the City’s website and a version in MS Word for the City’s internal files
• Draft MMRP (electronic copy)
▪ Ten hard copies of the Final SEIR
Task 5 Project Management and Meetings
Item 9.c
Table 2. Estimated Cost
Task Cost
Task 1 – Project Initiation and NOP $10,812
Task 2 – Technical Analyses
2.1 Air Quality, Greenhouse Gas
Emissions, and Energy
$26,000
2.2 Supplement to the Biological
Resources Assessment
$7,073
2.3 Archaeological Resources $6,733
2.4 Noise Assessment $4,760
Task 3 – Draft Supplemental SEIR $86,153
Task 4 – Final Supplemental SEIR $23,912
Task 5 – Project Management & Meetings $23,506
Total $188,947
Item 9.c
EXHIBIT D
FEHR & PEERS SCOPE OF WORK
Proposal to Prepare Roberts’ Ranch Parcel M VMT Analysis This VMT evaluation will assess the impact of constructing 82 single family units within a designated
16.42-acre school site on Parcel M in the Roberts’ Ranch Specific Plan area. The following tasks will be completed for analyzing the Vehicle Miles of Travel (VMT) generated by the residential uses proposed for this site.
Task 1: Vehicle Miles of Travel (VMT) Estimate
As outlined in the Interim SB 743 Implementation Guidelines for City of Vacaville (May 2020), Fehr & Peers will use the base year and Year 2050 Buildout (Minus Northeast Planning Area) City of Vacaville travel demand forecasting (TDF) to estimate the average VMT per dwelling unit for the project under each horizon year. Fehr & Peers will prepare one set of land use inputs for the model to incorporate the project land use. This will also require adjustments to the number of students assumed for the Kairos Charter School that will occupy the 3.65 acres of non-rezoned land.
The project will cause a less than significant impact if it does not cause the total VMT generated by all land uses in Vacaville to increase. If the total City-wide VMT increases, another check will be performed to compare how the project’s average VMT per unit compares to the citywide average. A significant transportation impact will be determined if the project generates an average VMT per dwelling unit that is greater than 85 percent of the city-wide average for single-family units. Both checks will be performed for the base year and cumulative year models.
Task 2: Mitigation Measures
If the VMT analysis identifies a significant impact, we will develop mitigation measure(s), primarily in the form of transportation demand management (TDM) strategies using the CAPCOA Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (California Air Pollution Control Officers Association, 2021). We will identify specific, applicable, and feasible mitigations that could be applied for the project and calculate their combined effectiveness toward reducing the project’s VMT. We will determine whether the impact would be reduced to less than significant when the recommended mitigation is applied.
Task 3: Documentation and Coordination
Fehr & Peers will prepare a draft technical memorandum to document our analysis assumptions, methodologies, and conclusions. We will submit the draft memorandum to the City of Vacaville for review and comment. We have budgeted three hours of staff time to respond to comments and will submit a final memorandum that incorporates necessary revisions.
Scope Exclusions
• Analysis of Other CEQA Transportation Topics
• Preparation of EIR (if required) Transportation Section Text • Preparation of Response to Public Comments
Outlined tasks will not exceed $14,900.
Item 9.c
Levine Act Disclosure Statement -1- Rev. 11.25
X
**COMPLETE& RETURN THIS PAGE**
CALIFORNIALEVINEACT DISCLOSURESTATEMENT
The Levine Act (Government Code Section 84308) requires you to disclose any political contributions of more than $500 that you or your company made to City officers in the past 12 months, or plan to make in the 12 months following the final decision on this proceeding.
A contribution includes money, goods, services, loans, tickets to fundraisers, or payments for advertising. If any agents (attorneys, consultants, lobbyists, or similar professionals) represent you before the City, they are completely prohibited from making any contributions of any amount during the time your proceeding is pending and for 12 months after the final decision.
City officers include Council Members, Commissioners, alternates to elected or appointed officers, the City Manager, and candidates for City office. City attorneys who provide only legal advice and do not have authority to make final decisions are excluded from this definition. You are responsible for knowing who the current officers are before completing this form. A list is available at www.CityofVacaville.gov.
If you answer YES to either question on this form, the identified City officer must recuse themselves from any decisions, votes, discussions, or actions related to your matter.
However, answering YES does not prevent the City from approving your application, awarding your contract, or granting your entitlement. It only prevents that specific officer from participating.
You may also be a "participant" if you are not the applicant but you have a financial interest in this proceeding's outcome and actively support or oppose it. Participants have the same contribution restrictions as applicants.
If you make any new reportable contributions after submitting this form, you must provide a supplemental disclosure to the City.
For questions about whether a contribution must be reported, definitions of key terms, or complete details about the Levine Act, see the FAQ at
https://www.cityofvacaville.gov/government/city-clerk/levine-act.
DISCLOSURE QUESTIONS
1. Have you or your company made any political contributions of more than $500 to any City officer in the 12 months preceding today's date?
OR
Has any agent on behalf of you or your company made any political contribution of ANY AMOUNT to any City officer in the 12 months preceding today's date? (This includes contributions made by any entity majority-owned by you/your company, or any entity whose contributions you direct or control.)
Item 9.c
Levine Act Disclosure Statement -2- Rev. 11.25
☐ YES ⮽ NO
If YES, please identify the person(s) or agent(s) making the contribution:
______________________________________________________________________________ If YES, please identify the City officer receiving the contribution:
______________________________________________________________________________
2. Do you or your company intend to make any political contributions to any City officer in the 12 months following the final decision on this proceeding? OR
Does any agent on behalf of you or your company intend to make any political contributions of ANY AMOUNT to any City officer in the 12 months following the final decision on this proceeding?
☐ YES ⮽ NO
If YES, please identify the person(s) or agent(s) making the contribution:
______________________________________________________________________________ If YES, please identify the City officer receiving the contribution:
______________________________________________________________________________ Answering YES to either of the questions above does not preclude the City of Vacaville from awarding a contract to your firm, approving a land use entitlement (including but not limited to permits, variances, conditional use permits, or other discretionary approvals), or taking any subsequent action related to such contract or entitlement. It does, however, preclude the identified City officer from participating in any decision-making, discussion, vote, or action related to such contract or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature: Date Signed:
Print Name:
Title:
Company:
Bob Grandy
Principal
Fehr & Peers
July 1, 2026
Item 9.c
Levine Act Disclosure Statement -1-
Rev. 11.25
**COMPLETE & RETURN THIS PAGE**
CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
The Levine Act (Government Code Section 84308) requires you to disclose any political contributions of more than $500 that you or your company made to City officers in the past 12 months, or plan to make in the 12 months following the final decision on this proceeding.
A contribution includes money, goods, services, loans, tickets to fundraisers, or payments for advertising. If any agents (attorneys, consultants, lobbyists, or similar professionals) represent you before the City, they are completely prohibited from making any contributions of any amount during the time your proceeding is pending and for 12 months after the final decision.
City officers include Council Members, Commissioners, alternates to elected or appointed officers, the City Manager, and candidates for City office. City attorneys who provide only legal advice and do not have authority to make final decisions are excluded from this definition. You are responsible for knowing who the current officers are before completing this form. A list is available at www.CityofVacaville.gov.
If you answer YES to either question on this form, the identified City officer must recuse themselves from any decisions, votes, discussions, or actions related to your matter.
However, answering YES does not prevent the City from approving your application, awarding your contract, or granting your entitlement. It only prevents that specific officer from participating.
You may also be a "participant" if you are not the applicant but you have a financial interest in this proceeding's outcome and actively support or oppose it. Participants have the same contribution restrictions as applicants.
If you make any new reportable contributions after submitting this form, you must provide a supplemental disclosure to the City.
For questions about whether a contribution must be reported, definitions of key terms, or complete details about the Levine Act, see the FAQ at
https://www.cityofvacaville.gov/government/city-clerk/levine-act.
DISCLOSURE QUESTIONS
1. Have you or your company made any political contributions of more than $500 to any City officer in the 12 months preceding today's date?
OR
Has any agent on behalf of you or your company made any political contribution of ANY AMOUNT to any City officer in the 12 months preceding today's date? (This includes contributions made by any entity majority-owned by you/your company, or any entity whose contributions you direct or control.)
Item 9.c
Levine Act Disclosure Statement -2-
Rev. 11.25
☐ YES ☐ NO
If YES, please identify the person(s) or agent(s) making the contribution:
______________________________________________________________________________ If YES, please identify the City officer receiving the contribution:
______________________________________________________________________________
2. Do you or your company intend to make any political contributions to any City officer in the 12 months following the final decision on this proceeding? OR
Does any agent on behalf of you or your company intend to make any political contributions of ANY AMOUNT to any City officer in the 12 months following the final decision on this proceeding?
☐ YES ☐ NO
If YES, please identify the person(s) or agent(s) making the contribution:
______________________________________________________________________________ If YES, please identify the City officer receiving the contribution:
______________________________________________________________________________ Answering YES to either of the questions above does not preclude the City of Vacaville from awarding a contract to your firm, approving a land use entitlement (including but not limited to permits, variances, conditional use permits, or other discretionary approvals), or taking any subsequent action related to such contract or entitlement. It does, however, preclude the identified City officer from participating in any decision-making, discussion, vote, or action related to such contract or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature: Date Signed:
Print Name:
Title:
Company:
X
X
William F. Heartman
President
Regis Homes of Sacramento, LLC
7-3-26
Item 9.c
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Brian Oxley, Director of Public Works
(Staff contact: Jacob Smith, Engineering Manager (707) 449-5429) Subject: Resolution of the City Council of the City of Vacaville to Accept Public Improvements for the Roberts Ranch Village L
Subdivision
Actions for Consideration:
Adopt a resolution accepting the public improvements for the Roberts Ranch Village L Subdivision as complete in substantial conformance with the approved plans, specifications, and Subdivision Improvement Agreement.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
In accordance with the State of California Subdivision Map Act and the City of Vacaville Municipal Code, once the City Council approves a subdivision’s Final Map and the City and the developer enter into a Subdivision Improvement Agreement, the land developer may begin installing infrastructure improvements (water and sewer pipes, storm drainage, streets, sidewalks, etc.) that support the development of the project. After these infrastructure improvements are substantially complete, building permits can be issued to construct residential homes that are subsequently sold to Vacaville residents. Finally, when all the homes and public infrastructure improvements have been fully constructed, City Council is asked to consider accepting the public improvements to become the property of the City of Vacaville to own and maintain.
The Subdivision Improvement Agreement for the Roberts Ranch Village L Subdivision was executed on August 4, 2023.
Discussion:
The Roberts Ranch Village L subdivision is a 72-unit single-family development on approximately 18 acres. The developer is Taylor Morrison of California, LLC, a California limited liability corporation. The Roberts Ranch Village L subdivision is located on Baler Street, north of Item 9.d
Fry Road and east of Leisure Town Road (Attachment 1 – Project Vicinity Map). Consistent with the Subdivision Improvement Agreement, the developer has completed construction of all public improvements, including water and sewer pipes, storm drainage, streets, sidewalks, and related appurtenances, in substantial conformance with the approved plans and specifications.
The improvements are now ready for consideration of acceptance by the City Council (Attachment 2 – Project Completion Photos).
Public Works staff inspected the completed improvements and determined the improvements were constructed in substantial conformance with the approved improvement plans, City standards, and the Subdivision Improvement Agreement. Acceptance of the public improvements will formally transfer ownership and long-term maintenance responsibility for the public infrastructure improvements to the City of Vacaville.
The required public improvements were limited to onsite subdivision infrastructure improvements, and no offsite public improvements were constructed as part of this development.
Environmental Impact:
The Environmental Impact Report for the subject development was certified by City Council on March 28, 2017. The acceptance of public improvements for the subdivision is within the scope of the previously approved project, and no additional environmental review is required pursuant to the California Environmental Quality Act (CEQA).
Fiscal Impact:
The cost of Public Works staff time to process the acceptance of this project is covered by fees paid by the developer.
Amount Requested: There are no funds requested for this item.
Funding Source: Public Works - Land Development Inspection (2028).
Budget Distribution: The budget for any expenses related to this item is included in the Public Works – Land Development Inspection annual operating budget.
Alternatives:
The City Council could choose not to accept the improvements; however, this would be in violation of the subdivision improvement agreement and the City’s Standard Specifications.
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville’s Quality of Life
Initiative 3A: Promote Housing for All
Item 9.d
Levine Act:
Yes – No campaign contributions disclosed (Attachment 3 - Levine Act Disclosure Form).
Attachments:
Resolution - Action Item
Attachment 1: Project Vicinity Map
Attachment 2: Project Completion Photos
Attachment 3: Levine Act Disclosure Form
Item 9.d
CITY OF VACAVILLE
RESOLUTION NO. 2026-
A Resolution of the City Council of the City of Vacaville Accepting Public Improvements for the Roberts Ranch Village L Subdivision Whereas, the City Council approved the Final Map for the Roberts Ranch Village L Subdivision and entered into a Subdivision Improvement Agreement with Taylor Morrison of California, LLC on August 4, 2023, for the construction of required public improvements associated with the subdivision; and
Whereas, the Environmental Impact Report for the Roberts Ranch Village L Subdivision was certified by the City Council on March 28, 2017, and the acceptance of public improvements is within the scope of the previously approved project under the California Environmental Quality Act (CEQA); and
Whereas, Taylor Morrison of California, LLC has completed construction of the required public improvements in substantial conformance with the approved plans, specifications, and Subdivision Improvement Agreement; and
Whereas, the Director of Public Works has determined that the public improvements have been completed in substantial conformance with the approved plans, specifications, and Subdivision Improvement Agreement and recommends acceptance of the improvements by the City Council.
Now, therefore, be it resolved by the City Council of the City of Vacaville as follows:
Section One: The foregoing recitals are true and correct and are incorporated herein by this reference.
Section Two: The City Council hereby accepts the public improvements for the Roberts Ranch Village L Subdivision as complete in accordance with the approved plans, specifications, and Subdivision Improvement Agreement.
Section Three: Upon this acceptance, ownership of the public improvements and responsibility for their long term maintenance shall transfer to and vest in the City of Vacaville.
Section Four: This Resolution shall take effect immediately upon its adoption.
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 28th day of July 2026 by the following vote:
Ayes:
Noes:
Item 9.d
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.d
Item 9.d
DEPARTMENT OF
PUBLIC WORKS
ROBERTS RANCH - VILLAGE L
ATTACHMENT 1 (1 OF 2)
PROJECT VICINITY MAP
Item 9.d
DEPARTMENT OF PUBLIC WORKS ROBERTS RANCH - VILLAGE L ATTACHMENT 1 (2 OF 2) PROJECT VICINITY MAP Item 9.d DEPARTMENT OF PUBLIC WORKS ROBERTS RANCH - VILLAGE L ATTACHMENT 2 (1 OF 2) PROJECT COMPLETION PHOTOGRAPH Item 9.d DEPARTMENT OF PUBLIC WORKS ROBERTS RANCH - VILLAGE L ATTACHMENT 2 (2 OF 2) PROJECT COMPLETION PHOTOGRAPH Item 9.d Levine Act Disclosure Statement -1- Rev. 11.25
**COMPLETE& RETURN THIS PAGE**
CALIFORNIALEVINEACT DISCLOSURESTATEMENT
The Levine Act (Government Code Section 84308) requires you to disclose any political contributions of more than $500 that you or your company made to City officers in the past 12 months, or plan to make in the 12 months following the final decision on this proceeding.
A contribution includes money, goods, services, loans, tickets to fundraisers, or payments for advertising. If any agents (attorneys, consultants, lobbyists, or similar professionals) represent you before the City, they are completely prohibited from making any contributions of any amount during the time your proceeding is pending and for 12 months after the final decision.
City officers include Council Members, Commissioners, alternates to elected or appointed officers, the City Manager, and candidates for City office. City attorneys who provide only legal advice and do not have authority to make final decisions are excluded from this definition. You are responsible for knowing who the current officers are before completing this form. A list is available at www.CityofVacaville.gov.
If you answer YES to either question on this form, the identified City officer must recuse themselves from any decisions, votes, discussions, or actions related to your matter.
However, answering YES does not prevent the City from approving your application, awarding your contract, or granting your entitlement. It only prevents that specific officer from participating.
You may also be a "participant" if you are not the applicant but you have a financial interest in this proceeding's outcome and actively support or oppose it. Participants have the same contribution restrictions as applicants.
If you make any new reportable contributions after submitting this form, you must provide a supplemental disclosure to the City.
For questions about whether a contribution must be reported, definitions of key terms, or complete details about the Levine Act, see the FAQ at
https://www.cityofvacaville.gov/government/city-clerk/levine-act.
DISCLOSURE QUESTIONS
1. Have you or your company made any political contributions of more than $500 to any City officer in the 12 months preceding today's date?
OR
Has any agent on behalf of you or your company made any political contribution of ANY AMOUNT to any City officer in the 12 months preceding today's date? (This includes contributions made by any entity majority-owned by you/your company, or any entity whose contributions you direct or control.)
Item 9.d
Levine Act Disclosure Statement -2- Rev. 11.25
☐ YES ☐ NO
If YES, please identify the person(s) or agent(s) making the contribution:
______________________________________________________________________________ If YES, please identify the City officer receiving the contribution:
______________________________________________________________________________
2. Do you or your company intend to make any political contributions to any City officer in the 12 months following the final decision on this proceeding? OR
Does any agent on behalf of you or your company intend to make any political contributions of ANY AMOUNT to any City officer in the 12 months following the final decision on this proceeding?
☐ YES ☐ NO
If YES, please identify the person(s) or agent(s) making the contribution:
______________________________________________________________________________ If YES, please identify the City officer receiving the contribution:
______________________________________________________________________________ Answering YES to either of the questions above does not preclude the City of Vacaville from awarding a contract to your firm, approving a land use entitlement (including but not limited to permits, variances, conditional use permits, or other discretionary approvals), or taking any subsequent action related to such contract or entitlement. It does, however, preclude the identified City officer from participating in any decision-making, discussion, vote, or action related to such contract or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature: Date Signed:
Print Name:
Title:
Company:
Item 9.d
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Brian Oxley, Director of Public Works
(Staff contact: Jacob Smith, Engineering Manager (707) 449-5429) Subject: Resolution of the City Council of the City of Vacaville to Accept Public Improvements for the Foxboro Knolls Subdivision
Actions for Consideration:
Adopt a resolution accepting the public improvements for the Foxboro Knolls Subdivision as complete in accordance with the approved plans, specifications, and Subdivision Improvement Agreement.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
In accordance with the State of California Subdivision Map Act and the City of Vacaville Municipal Code, once the City Council approves a subdivision’s Final Map and the City and the developer enter into a Subdivision Improvement Agreement, the land developer may begin installing infrastructure improvements (water and sewer pipes, storm drainage, streets, sidewalks, etc.) that support the development of the project. After these infrastructure improvements are substantially complete, building permits can be issued to construct residential homes that are subsequently sold to Vacaville residents. Finally, when all the homes and public infrastructure improvements have been fully constructed, City Council is asked to consider accepting the public improvements to become the property of the City of Vacaville to own and maintain.
The Subdivision Improvement Agreement for the Foxboro Knolls Subdivision was approved by City Council on May 10, 2022.
Discussion:
The Foxboro Knolls subdivision is a 58-unit single-family development on approximately 27 acres. The developer is Pulte Home Company, LLC, a Michigan limited liability corporation. The Foxboro Knolls subdivision is located on Foxboro Parkway, south of Jackson Road and east of Nut Tree Road (Attachment 1 – Project Vicinity Map). Consistent with the Subdivision Item 9.e
Improvement Agreement, the developer has completed construction of all public improvements, including water and sewer pipes, storm drainage, streets, sidewalks, and related appurtenances, in accordance with the approved plans and specifications. The improvements are now ready for consideration of acceptance by the City Council (Attachment 2 – Project Completion Photos).
Public Works staff inspected the completed improvements and determined the improvements were constructed in substantial conformance with the approved improvement plans, City standards, and the Subdivision Improvement Agreement. Acceptance of the public improvements will formally transfer ownership and long-term maintenance responsibility for the public infrastructure improvements to the City of Vacaville.
The required public improvements were limited to onsite subdivision infrastructure improvements, and no offsite public improvements were constructed as part of this development.
Environmental Impact:
The Environmental Impact Report for the subject development was certified by City Council on September 24, 2013, and reaffirmed on June 9, 2015. The acceptance of public improvements for the subdivision is within the scope of the previously approved project, and no additional environmental review is required pursuant to the California Environmental Quality Act (CEQA).
Fiscal Impact:
The cost of Public Works staff time to process the acceptance of this project is covered by fees paid by the developer.
Amount Requested: There are no funds requested for this item.
Funding Source: Public Works - Land Development Inspection (2028).
Budget Distribution: The budget for any expenses related to this item is included in the Public Works Land Development Inspection annual operating budget.
Alternatives:
The City Council could choose not to accept the improvements; however, this would be in violation of the subdivision improvement agreement and the City’s Standard Specifications.
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville’s Quality of Life
Initiative 3A: Promote Housing for All
Levine Act:
Yes
Item 9.e
Attachments:
Resolution - Action Item
Attachment 1: Project Vicinity Map
Attachment 2: Project Completion Photos
Attachment 3: Levine Act Disclosure Form
Item 9.e
CITY OF VACAVILLE
RESOLUTION NO. 2026-
A Resolution of the City Council of the City of Vacaville Accepting Public Improvements for the Foxboro Knolls Subdivision
Whereas, the City Council approved the Final Map for the Foxboro Knolls Subdivision and entered into a Subdivision Improvement Agreement with Pulte Home Company, LLC, on May 10, 2022, for the construction of required public improvements associated with the subdivision; and
Whereas, the Environmental Impact Report for the Foxboro Knolls Subdivision was certified by the City Council on September 24, 2013, and reaffirmed on June 9, 2015, and the acceptance of public improvements is within the scope of the previously approved project under the California Environmental Quality Act (CEQA); and
Whereas, Pulte Home Company, LLC has completed construction of the required public improvements in substantial conformance with the approved plans, specifications, and Subdivision Improvement Agreement; and
Whereas, the Director of Public Works has determined that the public improvements have been completed in substantial conformance with the approved plans, specifications, and Subdivision Improvement Agreement and recommends acceptance of the improvements by the City Council.
Now, therefore, be it resolved by the City Council of the City of Vacaville as follows:
Section One: The foregoing recitals are true and correct and are incorporated herein by this reference.
Section Two: The City Council hereby accepts the public improvements for the Foxboro Knolls Subdivision as complete in substantial conformance with the approved plans, specifications, and Subdivision Improvement Agreement.
Section Three: Upon this acceptance, ownership of the public improvements and responsibility for their long term maintenance shall transfer to and vest in the City of Vacaville.
Section Four: This Resolution shall take effect immediately upon its adoption.
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 28th day of July 2026 by the following vote:
Ayes:
Noes:
Item 9.e
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.e
Item 9.e
DEPARTMENT OF
PUBLIC WORKS
FOXBORO KNOLLS SUBDIVISION
ATTACHMENT 1 (1 OF 2)
PROJECT VICINITY MAP
PROJECT
LOCATION
Item 9.e
DEPARTMENT OF PUBLIC WORKS FOXBORO KNOLLS SUBDIVISION ATTACHMENT 1 (2 OF 2) PROJECT VICINITY MAP Item 9.e DEPARTMENT OF PUBLIC WORKS FOXBORO KNOLLS SUBDIVISION ATTACHMENT 2 (1 OF 2) PROJECT COMPLETION PHOTOGRAPH Item 9.e DEPARTMENT OF PUBLIC WORKS FOXBORO KNOLLS SUBDIVISION ATTACHMENT 2 (2 OF 2) PROJECT COMPLETION PHOTOGRAPH Item 9.e Levine Act Disclosure Statement -1- Rev. 11.25
**COMPLETE& RETURN THIS PAGE**
CALIFORNIALEVINEACT DISCLOSURESTATEMENT
The Levine Act (Government Code Section 84308) requires you to disclose any political contributions of more than $500 that you or your company made to City officers in the past 12 months, or plan to make in the 12 months following the final decision on this proceeding.
A contribution includes money, goods, services, loans, tickets to fundraisers, or payments for advertising. If any agents (attorneys, consultants, lobbyists, or similar professionals) represent you before the City, they are completely prohibited from making any contributions of any amount during the time your proceeding is pending and for 12 months after the final decision.
City officers include Council Members, Commissioners, alternates to elected or appointed officers, the City Manager, and candidates for City office. City attorneys who provide only legal advice and do not have authority to make final decisions are excluded from this definition. You are responsible for knowing who the current officers are before completing this form. A list is available at www.CityofVacaville.gov.
If you answer YES to either question on this form, the identified City officer must recuse themselves from any decisions, votes, discussions, or actions related to your matter.
However, answering YES does not prevent the City from approving your application, awarding your contract, or granting your entitlement. It only prevents that specific officer from participating.
You may also be a "participant" if you are not the applicant but you have a financial interest in this proceeding's outcome and actively support or oppose it. Participants have the same contribution restrictions as applicants.
If you make any new reportable contributions after submitting this form, you must provide a supplemental disclosure to the City.
For questions about whether a contribution must be reported, definitions of key terms, or complete details about the Levine Act, see the FAQ at
https://www.cityofvacaville.gov/government/city-clerk/levine-act.
DISCLOSURE QUESTIONS
1. Have you or your company made any political contributions of more than $500 to any City officer in the 12 months preceding today's date?
OR
Has any agent on behalf of you or your company made any political contribution of ANY AMOUNT to any City officer in the 12 months preceding today's date? (This includes contributions made by any entity majority-owned by you/your company, or any entity whose contributions you direct or control.)
Item 9.e
Levine Act Disclosure Statement -2- Rev. 11.25
☐ YES ☐ NO
If YES, please identify the person(s) or agent(s) making the contribution:
______________________________________________________________________________ If YES, please identify the City officer receiving the contribution:
______________________________________________________________________________
2. Do you or your company intend to make any political contributions to any City officer in the 12 months following the final decision on this proceeding? OR
Does any agent on behalf of you or your company intend to make any political contributions of ANY AMOUNT to any City officer in the 12 months following the final decision on this proceeding?
☐ YES ☐ NO
If YES, please identify the person(s) or agent(s) making the contribution:
______________________________________________________________________________ If YES, please identify the City officer receiving the contribution:
______________________________________________________________________________ Answering YES to either of the questions above does not preclude the City of Vacaville from awarding a contract to your firm, approving a land use entitlement (including but not limited to permits, variances, conditional use permits, or other discretionary approvals), or taking any subsequent action related to such contract or entitlement. It does, however, preclude the identified City officer from participating in any decision-making, discussion, vote, or action related to such contract or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature: Date Signed:
Print Name:
Title:
Company:
Jon F. Cakus
June 15, 2026
Director of Land Development
Pulte Home Company, LLC
Item 9.e
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Brian Oxley, Director of Public Works
(Chris Gioia, Public Works Engineering Manager (707) 449-5160) Subject: Resolution of the City Council of the City of Vacaville to Approve the Final Map for Lower Lagoon Valley Neighborhood D Phase 2
Actions for Consideration:
Approve the Final Map associated with the master planned Lower Lagoon Valley Neighborhood D Phase 2 development.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
General Development Process
The process of developing and improving land involves several steps, all of which are regulated by the State of California Subdivision Map Act which provides procedural steps and legal framework around land development to ensure consistency statewide. The City of Vacaville’s Municipal Code mirrors the Subdivision Map Act while providing further direction and specific details related to the City of Vacaville.
The subdivision land development process starts when a land developer submits a Tentative Map when proposing a parcel for development. A Tentative Map establishes the proposed subdivision design and requires public improvements. A developer may elect to process the map as a Vesting Tentative Map, which establishes the development standards applicable to the project.
The developer will then submit a Final Map once the City approves the Tentative Map or Vesting Tentative Map. The purpose of the Final Map is to create legal lots for the subdivision and improvement plans that specify the infrastructure improvements (water and sewer, storm drainage, streets, sidewalks, etc.). Both the Final Map and infrastructure improvement plans are reviewed by City staff to ensure technical correctness and consistency with the Tentative Map or Vesting Tentative Map, conditions of approval, and City standards.
Item 9.f
Once the Final Map has been reviewed and improvement plans have been approved by the City Engineer, the developer is required to construct the subdivision improvements or enter into a Subdivision Improvement Agreement (SIA) or Public Improvement Agreement (PIA) to ensure their construction to City standards and in accordance with the approved improvement plans.
Amongst contractual terms, the SIA or PIA details the infrastructure improvements to be constructed by the developer in accordance with the approved improvement plans.
As the last step in the Subdivision Map Act process, the Final Map is brought before the City Council for consideration of approval; with the City Council authorization, the Final Map is subsequently recorded with the County. On completion of recording by the County, and construction and substantial completion of the public infrastructure improvements, building permits can be issued allowing the developer to begin constructing homes.
Lower Lagoon Valley Development Project
The Lower Lagoon Valley Development (Lagoon Valley Project or Project) is located south of Lagoon Valley Boulevard and east of Nelson Road. On February 22, 2005, the City Council considered and approved the Lower Lagoon Valley Policy Plan Implementation Project which set in motion the master planned Lower Lagoon Valley development (Attachment 1 – Project Vicinity Map). At the same City Council meeting, the Lower Lagoon Valley Vesting Tentative Map was approved (Attachment 2 – Lower Lagoon Valley Vesting Tentative Map).
The developer, Triad Lagoon Valley, LLC (Triad), has constructed significant portions of the Project infrastructure, including the sanitary sewer lift station, water booster pump station, water storage reservoir, northern backbone utilities, Southern Offsite Utilities, Neighborhood A/B Phase 1, Neighborhood A/B Phase 2, Neighborhood K Phase 1, Neighborhood K2/L, Neighborhood C, Neighborhood D Phase 1, Neighborhood E, Lagoon Valley Boulevard, Wetland Mitigation, Drainage H & F/G Mitigation, and Rivera Road Waterline and Sewer Extension.
Triad has entered into a Subdivision Improvement Agreement (SIA) with the City for the construction of improvements associated with Lower Lagoon Valley Neighborhood D Phase 2, has paid the necessary fees and posted the required bonds, and has begun construction of the associated improvements (Attachment 3 – Lower Lagoon Valley Neighborhood D Phase 2 Project Vicinity Map).
Discussion:
Neighborhood D Phase 2 is approximately 5 acres and will be subdivided into 15 single-family residential lots ranging in size from 7,704 – 12,986 square feet, along with 1 associated private lot for street purposes.
City staff has reviewed the Final Map and determined that it is in substantial conformance with the approved Vesting Tentative Map and applicable conditions of approval. The required improvement plans have been approved, the developer has entered into the necessary Subdivision Improvement Agreement, and all required fees and securities have been provided.
Item 9.f
Because the Final Map conforms to the approved Vesting Tentative Map and the requirements of the Subdivision Map Act and Vacaville Municipal Code, the Final Map is eligible for approval.
Staff recommends that City Council approve the Final Map for Lower Lagoon Valley Project Neighborhood D Phase 2 (Attachment 4 – Lower Lagoon Valley Neighborhood D Phase 2 Final Map).
Environmental Impact:
On June 8, 2004 the City Council certified the Environmental Impact Report (EIR) for the Lower Lagoon Valley development (SCH No. 2003032063). An addendum to the EIR was adopted by the Council on February 22, 2005 (SCH No. 2003032063).
Fiscal Impact:
The technical review of the final map was conducted by Development Engineering staff and consultant services. The cost of staff time and consultant fees are covered by fees paid by the developer.
Amount Requested: There are no funds requested for this item.
Funding Source: Public Works - Development Engineering (2028) Budget Distribution: The budget for any expenses related to this item is included in the Public Works – Development Engineering annual operating budget.
Alternatives:
City Council previously approved the Vesting Tentative Map for this project in February 2005.
Once the Vesting Tentative Map is approved and the Developer complies with the conditions of approval, the City is obligated by provisions of the Subdivision Map Act to approve the Final Map.
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville’s Quality of Life
Initiative 3A: Promote Housing for All
Levine Act:
Yes
Attachments:
Resolution - Action Item
Attachment 1: Project Vicinity Map
Attachment 2: Lower Lagoon Valley Vesting Tentative Map Attachment 3: Lower Lagoon Valley Neighborhood D Phase 2 Project Vicinity Map Attachment 4: Lower Lagoon Valley Neighborhood D Phase 2 Final Map Item 9.f
Attachment 5: Levine Act Disclosure Form
Item 9.f
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville Approving the Final Map for Lower Lagoon Valley Neighborhood D Phase 2
WHEREAS, Triad Lagoon Valley, LLC, a Washington limited liability company (“Subdivider”) hereby submits to the City Council of the City of Vacaville a map of a proposed subdivision within the City limits called Lower Lagoon Valley Neighborhood D Phase 2; and WHEREAS, the Vesting Tentative Map for Lower Lagoon Valley was approved by the City Council of the City of Vacaville on February 22, 2005, and has remained in full force and effect; and
WHEREAS, Subdivider executed a Subdivision Improvement Agreement with the City of Vacaville, covering said subdivision, in which the Subdivider covenants to construct all public improvements shown upon said subdivision map, in accordance with applicable laws, ordinances and specifications, and to hold harmless the City of Vacaville from material and labor claims for such construction; and
WHEREAS, said Subdivider has delivered to the City Engineer of the City of Vacaville a corporate surety bond as security for the performance of the terms of said Agreement; and WHEREAS, the Final Map has been reviewed by City staff and determined to be in substantial conformance with the approved Vesting Tentative Map, applicable Conditions of Approval, and the requirements of the Vacaville Municipal Code and the Subdivision Map Act; and
WHEREAS, the project remains within the scope of the Environmental Impact Report certified by the City Council on June 8, 2004, and the addendum thereto adopted on February 22, 2005 (SCH No. 2003032063), and no further environmental review is required for approval of this Final Map.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vacaville:
Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
Section 2. The Final Map is approved; all offers of dedication for public use for the easements and facilities shown on the Final Map are accepted; and the improvement plans and working details for the project are approved.
Section 3. This resolution is effective upon passage.
Item 9.f
I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 28th day of July 2026, by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.f
Item 9.f
LOWER LAGOON VALLEY DEVELOPMENT
ATTACHMENT 1
PROJECT VICINITY MAP
PROJECT
LOCATION
DEPARTMENT OF
PUBLIC WORKS
Item 9.f
Item 9.f
LAGOON VALLEY - NEIGHBORHOOD "D" PHASE
ATTACHMENT 3 (1 OF 2)
PROJECT VICINITY MAP
DEPARTMENT OF
PUBLIC WORKS
80 80
Item 9.f
DEPARTMENT OF
PUBLIC WORKS
LAGOON VALLEY - NEIGHBORHOOD "D" PHASE
ATTACHMENT 3 (2 OF 2)
PROJECT VICINITY MAP
Item 9.f
D5
D4
D3
D2
D1
D6
D12
D14
D13
D15
D11
D10
D9
D8
D7 5
EMERALD WAY PRESIDIO LANE GRIFFITH LANE 6 7 PARCEL A 4
100'
GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
SCALE: 1" =
CONSISTING OF 7 SHEETS
BEING A SUBDIVISION OF PARCEL F OF
LOWER LAGOON VALLEY NEIGHBORHOOD D, PHASE 1 (100 SD 47)
CITY OF VACAVILLE, COUNTY OF SOLANO, CALIFORNIA
JUNE 2026
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
FINAL MAP OF
LOWER LAGOON VALLEY
NEIGHBORHOOD D, PHASE 2
BASIS OF BEARINGS:
LEGEND
NOTE:
REFERENCES:
JOB NO. 1424-010 SHEET OF 7 6
Item 9.f
Item 9.f
Item 9.f
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Brian Oxley, Director of Public Works
(Staff contact: Daniel Sutton, Engineering Manager (707) 449-5035) Subject: Resolution of the City Council of the City of Vacaville Awarding the Construction Contract for the Bike Trail
Pedestrian Improvements Project to the Apparent Low Bidder, Lister Construction, Inc., in the Amount of $198,886.15 Actions for Consideration:
Award a construction contract for the Bike Trail Pedestrian Improvements Project to the lowest responsive, responsible bidder, Lister Construction of Vacaville; authorize the Director of Public works or his designee to execute the contract in the amount of $198,886.15; and approve the project plans, special provisions, and working details.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
Resolution No. 6G-12-12-23, adopted on December 12, 2023, reprogrammed One Bay Area Grant Cycle 2 (OBAG2) Congestion Mitigation and Air Quality (CMAQ) funds from the Vaca Valley Parkway/I-505 Multimodal Corridor Improvements Project and Jepson Parkway Phase 2 Project to the Bike Trail Pedestrian Improvements Project. The resolution reallocated $250,000 in grant funding and the required local matching funds to complete this project in accordance with Metropolitan Transportation Commission (MTC) requirements.
The original bike path was constructed in part in 1987 as part of the Orchard Place Unit No. 1 subdivision and in part in 1991 as part of the North Orchard (PG&E Easement) Bike Path Project.
Discussion:
With the remaining reprogrammed funds from the previous Resolution (No. 6G-12-12-23 as described above), the Bike Trail Pedestrian Improvements Project will provide pedestrian/bicycle upgrades including the installation of crosswalks, rapid rectangular flashing beacons (RRFBs), and associated signing and striping at three bike trail crossing locations Item 9.g
including Arlene Drive west of Arlene Way; Briarwood Drive south of Florence Drive; and Fruitvale Road between Ridgewood Drive and Parkridge Drive (Attachment 1 – Project Vicinity Map).
OBAG2 grants require a local match in funding. Based on $250,000 in OBAG2 funds, the grant requires a non-federal local match of $32,390; staff proposes the local match will be provided by Gas Tax which has sufficient funds to cover this local match requirement.
The project was advertised on June 7, 2026, and seven (7) bids were received by the submittal deadline of June 29, 2026.
BID NO. CONTRACTOR BUSINESS LOCATION BID AMOUNT
1 Lister Construction Inc. Vacaville, CA $ 198,886.15
2 Frontline General Engineering
Construction, Inc. Livermore, CA $ 239,436.12
3 Michael Paul Company, Inc. Petaluma, CA $ 257,883.50
4 Next Generation of Builders Santa Rosa, CA $ 268,360.00 5* Kerex Engineering, Inc. Pleasant Hill, CA $ 289,000.00 6 SCC Electric, Inc. Novato, CA $ 308,316.15
7 FBD Vanguard Construction, Inc. Livermore, CA $ 310,103.50 * Contractors were deemed non-responsive.
The California Public Contract Code states that the public agency awarding the project shall do so to the bidder who submitted the lowest responsive, responsible bid package. The lowest responsive, responsible bidder is the one who submitted a bid that is:
1) The lowest cost to the City; and
2) The bidder meets specific requirements such as having a contractor’s license in the state of California and being registered with the California Department of Industrial Relations.
All bidders have been determined to be responsible, meeting the City’s requirement to have and maintain a State of California contractor’s license and be registered with the Department of Industrial Relations. Staff reviewed the submitted bid packages and determined that the bid identified with an asterisk (*) in the table above was non-responsive.
Based on the submitted bid packages, the apparent low bidder is Lister Construction, Inc. of Vacaville, California with a total bid price of $198,886.15. The City’s engineering estimate for this project is $232,944.18. Sufficient funding is available to award the project. Therefore, staff recommends awarding the construction contract for the Bike Trail Pedestrian Improvements Project to Lister Construction, Inc. of Vacaville, California in the bid amount of $198,886.15.
Lister Construction Inc. has been determined to be a responsive and responsible bidder, Item 9.g
meeting the City's requirements to possess and maintain a valid State of California contractor's license and be registered with the California Department of Industrial Relations.
The construction duration for this project is 30 working days and is anticipated to commence in September 2026.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is a project that consists of minor alteration of existing public streets, sidewalks, bicycles and pedestrian trails that involves negligible or no expansion of use, pursuant to California Code of Regulations Title 14 Section 15301(c). A Notice of Exemption was filed with Solano County on June 4, 2026.
This action is also exempt from the National Environmental Policy Act (NEPA) because it is a project involving construction of bicycle and pedestrian path and facilities, pursuant to Code of Federal Regulations Title 23 Section 771.117(c)(3). California Department of Transportation’s Environmental Department certified this exemption on June 19, 2024.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Federal Caltrans – Congestion Mitigation Air Quality Grant (4030) and Gas Tax – Section 2106 (4011)
Budget Distribution: The budget for this project is included in the Capital Improvement Program budget for Project #820380 – Bike Trails Crossing, and sufficient funding exists in the project account.
Alternatives:
Council could take alternative action to award the bid including:
• Reject all the bids received and rebid the project; or, • Reject all bids and not build the project.
The City Council could take action not to adopt the subject resolution. However, this alternative would prohibit the City from utilizing the grant funding to construct the pedestrian and bicycle facility improvements and would impact the City’s strategic goals to protect Vacaville’s quality of life and maintain effective and efficient services.
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville’s Quality of Life
Goal 4: Maintain Effective and Efficient Services
Item 9.g
Levine Act:
No
Attachments:
Resolution – Action Item
Attachment 1: Project Vicinity Map
Item 9.g
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville Awarding a Construction Contract for the Bike Trail Pedestrian Improvements Project to the Apparent Low Bidder, Lister Construction, Inc. in the Amount of $198,886.15.
Whereas, the City of Vacaville received grant funding from the Metropolitan Transportation Commission (MTC) for two hundred fifty thousand dollars ($250,000) that was successfully reprogrammed as part of City of Vacaville Resolution No. 6G_12-12-23 on December 12, 2023; and
Whereas, the Bike Trail Pedestrian Improvements Project will provide pedestrian/bicycle upgrades including the installation of crosswalks, rapid rectangular flashing beacons (RRFBs), and associated signing and striping at three bike trail crossing locations including Arlene Drive west of Arlene Way; Briarwood Drive south of Florence Drive; and Fruitvale Road between Ridgewood Drive and Parkridge Drive; and
Whereas, the Bike Trail Pedestrian Improvements project was advertised for competitive bids on June 7, 2026, and seven (7) bids were received by the submittal deadline of June 29, 2026; and
Whereas, after bidding the project in accordance with applicable law, Lister Construction, Inc. of Vacaville, California was the apparent low bidder with a base bid of $198,886.15, which is below the engineer's estimate of $232,944.18; and
Whereas, sufficient funding exists in Capital Improvement Project account No. 820380 to award the project for a total contract amount of $198,886.15; and Whereas, the Community Development Department certified the Bike Trail Pedestrian Improvements Project exempt from the provisions of the California Environmental Quality Act in accordance with Section 15301(c). A Notice of Exemption was filed with Solano County on June 4, 2026; and
Whereas, California Department of Transportation’s Environmental Department certified the Bike Trail Pedestrian Improvements Project exempt from the provisions of the National Environmental Policy Act in accordance with 23 CFR 771.117(c): activity (c)(3) on June 19, 2024.
Now, therefore, be it resolved by the City Council of the City of Vacaville California, does hereby resolve and order as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein.
SECTION 2. The construction contract for the Bike Trail Pedestrian Improvements is awarded to Lister Construction, Inc. of Vacaville, the apparent low bidder. The Director of Public Works or designee is authorized to execute said contract in the amount of $198,886.15. The project plans, special provisions, and working details are approved.
Item 9.g
SECTION 3. This Resolution shall take effect immediately upon its adoption.
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 28th day of July 2026 by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.g
Item 9.g
BIKE TRAIL PEDESTRIAN IMPROVEMENTS PROJE
ATTACHMENT 1 (1 OF 3)
PROJECT VICINITY MAP
DEPARTMENT OF
PUBLIC WORKS
PROJECT
LOCATION
Item 9.g
BIKE TRAIL PEDESTRIAN IMPROVEMENTS PROJE
ATTACHMENT 1 (2 OF 3)
PROJECT VICINITY MAP
DEPARTMENT OF PUBLIC WORKS
FRUITVALE ROAD ARLENE DRIVE
Item 9.g
BIKE TRAIL PEDESTRIAN IMPROVEMENTS PROJE
ATTACHMENT 1 (3 OF 3)
PROJECT VICINITY MAP
DEPARTMENT OF PUBLIC WORKS
BRIARWOOD DRIVE
Item 9.g
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Brian Oxley, Director of Public Works
(Staff contact: Dan Sutton, Engineering Manager (707) 449-5035) Subject: Resolution of the City Council of the City of Vacaville Awarding a Construction Contract for the Alamo Creek Bridge Water Line Replacement Project to Corcus Construction, Inc. in the Amount of $310,121.50
Actions for Consideration:
Award a construction contract for the Alamo Creek Bridge Water Line Replacement Project to the lowest responsive, responsible bidder, Corcus Construction, Inc. of San Francisco; authorize the Director of Public Works or his designee to execute the contract in the amount of $310,121.50; and approve the project plans, special provisions, and working details.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
The Alamo Creek Bridge Water Line Replacement Project was initiated by the Utilities Department to address a damaged water line located on the underside of the Alamo Creek Bridge’s southwestern deck along Alamo Drive.
The existing water main was constructed in the mid 1960’s as part of the Montgomery Estates subdivision. Field Utilities staff have responded to multiple breaks in the water line due to the age of the pipe.
Discussion:
The Alamo Creek Bridge Water Line Replacement Project will replace an existing 12-inch ACP water line on Alamo Drive within the limits of the bridge overcrossing Alamo Creek (Attachment 1 – Project Vicinity Map) with approximately 133 feet of new 12-inch Ductile Iron Pipe (DIP) water line. The project will also involve the installation of new structural supports to relocate the new water line to the side of the bridge rather than below it. The existing pipe will be removed.
Item 9.h
All work will be completed in accordance with the construction documents and City standards, ensuring minimal disruption to residents and improved utility services upon completion. These infrastructure upgrades will reduce the number of issues the system currently experiences and reduce long-term maintenance costs.
The project was advertised on June 7, 2026, and four (4) bids were received by the submittal deadline of June 29, 2026.
BID NO. CONTRACTOR BUSINESS LOCATION BID AMOUNT
1* Bay Pacific Pipeline, Inc. Novato, CA $ 310,050.00
2 Corcus Construction, Inc. San Francisco, CA $ 310,121.50 3 Koios Engineering, Inc. San Francisco, CA $ 431,013.75 4 Frontline General Engineering
Construction, Inc. Livermore, CA $ 660,117.11
* Contractor was deemed non-responsive.
The California Public Contract Code states that the public agency awarding the project shall do so to the bidder who submitted the lowest responsive, responsible bid package. The lowest responsive, responsible bidder is the one who submitted a bid that is:
1) The lowest cost to the City; and
2) The bidder meets specific requirements such as having a contractor’s license in the state of California and being registered with the California Department of Industrial Relations.
All bidders have been determined to be responsible, meeting the City’s requirement to have and maintain a State of California contractor’s license and be registered with the Department of Industrial Relations. Staff reviewed the submitted bid packages and determined that the bid identified with an asterisk (*) was non-responsive. The bid package that was deemed nonresponsive did not provide an original copy of their bid bonds prior to the time of bid opening. The Special Provisions document contractors use to bid the project clearly notes in the Important Special Notices section and Section 2-1.04 of the General Provisions that bid bonds are due to the City of Vacaville Public Works prior to bid opening. If the Bid Bond is not received prior to bid opening it will result in a rejection of the Bidder's Bid Proposal and make the bidder ineligible to submit a bid protest.
Based on the submitted bid packages, the apparent low bidder is Corcus Construction, Inc. of San Francisco, California with a total bid price of $310,121.50. The City’s engineering estimate for this project is $397,825.00. Sufficient funding is available to award the project. Therefore, staff recommends awarding the construction contract for the Alamo Creek Bridge Water Line Replacement Project to Corcus Construction, Inc. of San Francisco, California in the bid amount of $310,121.50. Corcus Construction, Inc. has been determined to be a responsive and responsible bidder, meeting the City's requirements to possess and maintain a valid State of Item 9.h
California contractor's license and be registered with the California Department of Industrial Relations.
The construction duration for this project is 21 working days and is anticipated to commence in September 2026.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is a project that consists of replacing an existing utility system involving negligible or no expansion of capacity, pursuant to California Code of Regulations Title 14 Section 15302(c). A Notice of Exemption was filed with Solano County on June 4, 2026.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Water Major Replacement (5103).
Budget Distribution: The budget for this project is included in the Capital Improvement Program budget for Project #860140 – Alamo Creek Bridge Water Line Replacement Project, and sufficient funding exists in the project account.
Alternatives:
Council could take alternative action to award the bid including:
• Reject all the bids received and rebid the project; or, • Reject all bids and not build the project.
It should be noted, rejecting the bids to rebid the project would likely result in additional costs to rebid the project without guarantee that the cost would be lower; and, rejecting the bids and not constructing the project would not further the City’s strategic goals to protect Vacaville’s quality of life, and more importantly would not address the potential for continued maintenance and construction cost escalation.
Strategic Plan Goal/Initiative:
Goal 4: Maintain Effective and Efficient Services
Levine Act:
No
Attachments:
Resolution – Action Item
Attachment 1: Project Vicinity Map
Item 9.h
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville Awarding a Construction Contract for the Alamo Creek Bridge Water Line Replacement Project to the Apparent Low Bidder, Corcus Construction, Inc. in the amount of $310,121.50.
Whereas, the Alamo Creek Bridge Water Line Replacement Project will replace an existing 12-inch water line on Alamo Drive beneath the Alamo Creek Bridge with approximately 133 feet of new 12-inch Ductile Iron Pipe (DIP) water line; and Whereas, the Alamo Creek Bridge Water Line Replacement project was advertised for competitive bids on June 7, 2026, and four (4) bids were received by the submittal deadline of June 29, 2026; and
Whereas, after bidding the project in accordance with applicable law, Corcus Construction, Inc. of San Francisco, California was the apparent low bidder with a base bid of $310,121.50, as compared to the engineer's estimate of $397,825.00; and Whereas, sufficient funding is available in Capital Improvement Project account No. 860140 to award the project for a total contract amount of $310,121.50; and Whereas, the Community Development Department determined that the Alamo Creek Bridge Water Line Replacement Project is exempt from the provisions of the California Environmental Quality Act in accordance with Section 15302(c). A Notice of Exemption was filed with Solano County on June 4, 2026.
Now, therefore, be it resolved by the City Council of the City of Vacaville California, does hereby resolve and order as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein.
SECTION 2. The construction contract for the Alamo Creek Bridge Water Line Replacement Project is awarded to Koios Engineering, Inc. of San Francisco, California, the apparent low bidder. The Director of Public Works or their designee is authorized to execute said contract in the amount of $310,121.50. The project plans, special provisions, and working details are approved.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 28th day of July 2026 by the following vote:
Ayes:
Noes:
Item 9.h
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.h
Item 9.h
DEPARTMENT OF PUBLIC WORKS ALAMO CREEK BRIDGE WATER LINE REPLACEM ATTACHMENT 1 (1 OF 2) PROJECT VICINITY MAP PROJECT LOCATION Item 9.h
DEPARTMENT OF PUBLIC WORKS ALAMO CREEK BRIDGE WATER LINE REPLACEM ATTACHMENT 1 (2 OF 2) PROJECT VICINITY MAP Item 9.h
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Justen Cole, Utilities Department
(Timothy Hawkins, Utilities Assistant Director (707) 469-6412) Subject: Resolution of the City Council of the City of Vacaville to Amend the Fiscal Year 2026-2027 Capital Improvement Program
Budget in the amount of $3,759,480.00, Award the Well 16 Hexavalent Chromium Treatment Facility Project to the
Apparent Low Bidder, GSE Construction Company Inc., and Authorize the Director of Utilities to Execute the Contract in the Amount of $3,132,900
Actions for Consideration:
Award the Well 16 Hexavalent Chromium Treatment Facility Project construction contract to the apparent low bidder, GSE Construction Company Inc., of Livermore, California. In addition, staff recommends Council approve a budget amendment adding a total of $3,759,480.00 to the fiscal year 2026-27 Capital Improvement Program Budget and authorize the Director of Utilities to execute the contract.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
The California State Water Resources Control Board has established a new maximum contaminant level (MCL) for hexavalent chromium (Chromium-6) of 10 µg/L. The new MCL took effect October 1, 2024, with water system compliance required by October 2026. Well 16 currently exceeds the MCL and therefore requires treatment to achieve regulatory compliance.
In September 2025, the City conducted pilot testing of Reduction Coagulation and Filtration (RCF) treatment at Well 16, located on Vaca Valley Parkway, in response to the new Title 22 drinking water quality requirements. RCF is identified by the California State Water Resources Control Board as a best available technology for the treatment of hexavalent chromium.
On November 19, 2025, the City Council authorized the pre-purchase of the ATEC RCF treatment equipment for the project.
Item 9.i
On June 23, 2026, the City Council authorized a construction contract to drill Well 23, at the existing Well 16 site. Well 23 will replace Well 16 which will be permanently decommissioned.
Well 23 has been designed with similar aquifer screening intervals and production capacity as Well 16, so the groundwater quality is expected to be substantially similar. Accordingly, the treatment facility has been designed to serve Well 23. Constructing the treatment system at the same time as the new well is intended to help keep the project on schedule and support the City’s ability to meet the October 1, 2026 regulatory compliance deadline.
The Well 16 Hexavalent Chromium Treatment Facility Project will install and commission the owner-furnished ATEC RCF treatment equipment. Project improvements include installation of the RCF treatment vessels, automation and control systems, associated chemical feed systems, extension of the existing sewer infrastructure to the Well 16/23 site, modifications to the water distribution system, and security enhancements. The treatment system is designed to handle varying flows. All work will be completed in accordance with the approved construction documents and City standards.
The City retained MKN & Associates, LLP, an Ardurra Group, Inc. company, to assist staff with preparation of the construction documents for the project.
On June 23, 2026, the City Council approved the fiscal year 2026-27 CIP budget in the amount of $39,055,810.
Due to regulatory timelines and the pace at which technical information is being refined, additional funding must now be added through a mid-year amendment.
Discussion:
The Project was advertised on May 19, 2026 and seven (7) bids were received by the submittal deadline of June 24, 2026 for the Well 16 Hexavalent Chromium Treatment Facility Project. The apparent low bidder is GSE Construction Company Inc, of Livermore, California, with a total bid of $3,132,900.00, which is 24% above the Engineer’s Estimate of $2,491,600. The bid exceeded the Engineer's Estimate primarily due to increased costs for electrical equipment and materials, steel piping, and concrete, as well as prevailing local market conditions. The City’s consultant on the project reviewed the bid and determined that the pricing is reasonable and consistent with current market conditions for projects of similar scope and complexity. Award of this contract is an essential step in advancing the City’s water system improvements and ensuring compliance with newly adopted statewide hexavalent chromium water quality standards within the required timeframe.
Alternate Bid Item No. 1 included construction of the steel canopy for the filtration facility. The bid item provided for all labor, materials, equipment, and incidentals necessary to furnish, construct, and erect the steel canopy as shown in the Contract Documents.
The Additive Alternative was included to allow the City to include additional scope to the project should the bids come in favorable.
Item 9.i
The bid documents specify that the lowest responsive, responsible bidder shall be based on the Base Bid Total. Once the lowest responsive, responsible bidder is determined, the City has the option of awarding the base bid plus any combination of the Additive Alternatives.
The base bids received are summarized below:
ENGINEER’S ESTIMATE: $2,491,600.00
BID
NO.
CONTRACTOR TOTAL BASE BID
AMOUNT
1 Corcus Construction Inc. $3,466,020.00
2 GSW Construction Inc. $3,384,330.00
3 Covenant Technical Solutions Inc. $3,422,549.00
4 Mountain Cascade Inc. $3,593,705.00
5 GSE Construction Inc. $3,132,900.00
6 W. M. Lyles Co. $3,506,125.00
7 Conco West Inc. $4,125,255.00
The additive alternate bid results are summarized below:
ENGINEER’S ESTIMATE: $720,000.00
BID
NO.
CONTRACTOR ADDITIVE ALTERNATE
BID ITEM #1
1 Corcus Construction Inc. $668,623.75
2 GSW Construction Inc. $493,600.00
3 Covenant Technical Solutions Inc. $813,000.00
4 Mountain Cascade Inc. $535,000.00
5 GSE Construction Inc. $563,600.00
6 W. M. Lyles Co. $665,000.00
7 Conco West Inc. $636,000.00
The California Public Contract Code states that the public agency awarding the project shall do so to the bidder who submitted the lowest responsive, responsible bid package. All bidders have been determined to be responsible, meeting the City’s requirement to have and maintain a State of California contractor’s license and be registered with the Department of Industrial Relations.
Staff recommends not proceeding with Alternate Bid Item No. 1, which would have provided for the installation of a canopy over the treatment vessels. Because the base bid exceeded the Engineer's Estimate, the additive alternate is not recommended at this time in order to help offset higher-than-anticipated construction costs.
Staff therefore recommends awarding the construction contract for the Well 16 Hexavalent Chromium Treatment Facility Project to GSE Construction Company Inc, of Livermore, California in the amount of $3,132,900.00
There are 272 working days allowed for this contract. Work should be completed by June 1, 2027.
This overall Budget Amendment will increase the CIP Budget by $3,759,480.00 which reflects the apparent low bid amount of $3,132,900.00 plus a 20 percent contingency ($626,580.00). The Item 9.i
contingency is included to address unforeseen conditions and other potential costs that may arise during construction and overall project implementation. This Council action will adjust the fiscal year 2026-27 CIP Budget to $42,815,290.00.
Environmental Impact:
The action is statutorily exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15303(d) (New Construction or Conversion of Small Structures), as it consists of construction of limited numbers of new, small facilities or structures and/or installation of small new equipment and facilities in small structures.
Fiscal Impact:
The adopted Rate Study established a dedicated funding mechanism to support design and construction of Cr6 compliance projects, demonstrating the City’s financial commitment to meeting the State’s compliance deadline. The amount of $3,759,480.00 will adjust the overall fiscal year 2026-27 CIP Budget total from $39,055,810.00 to $42,815,290.00.
Amount Requested: $3,759,480.00 (Water Facilities Rehab (5102)) Funding Source: This project is funded by Water – Facilities Rehab (5102) and Water Capacity Charges (5110)
Budget Distribution: If approved by Council, the CIP budget will be amended by $3,759,480 and the budget for Project #860111- Well 23 Chrome 6 Treatment/Improvements (Formerly titled Well 16 Chrome 6 Treatment/Misc. Imp) will be increased.
There is no fiscal impact on the General Fund from this proposed action.
Alternatives:
Council could take the following actions:
• Award the bid and amend the CIP budget; or,
• Reject all the bids received and rebid the project; or, • Reject all bids and CIP budget amendment and not build the project.
Rejecting all bids and rebidding the project would delay implementation and result in additional costs associated with readvertising and rebidding the project, with no assurance that future bids would be lower. Rejecting all bids and not proceeding with the project would forfeit the City's investment in the project to date. Neither alternative is recommended because it would delay implementation of the project, increase the risk of noncompliance with State drinking water regulations, and could reduce the City's ability to meet the compliance deadline established by the California State Water Resources Control Board.
Item 9.i
Strategic Plan Goal/Initiative:
Public Safety and Infrastructure
Levine Act:
No
Attachments:
Resolution – Action Item
Item 9.i
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville to Amend the Fiscal Year 2026-2027 Capital Improvement Program Budget in the amount of $3,759,480.00, Award the Well 16 Hexavalent Chromium Treatment Facility Project to the Apparent Low Bidder, GSE Construction Company Inc., and Authorize the Director of Utilities to Execute the Contract in the Amount of $3,132,900
Whereas, the City of Vacaville must implement improvements to ensure compliance with new statewide hexavalent chromium drinking water standards; and Whereas, the City conducted pilot testing of treatment technologies to evaluate applicability for use at Well 16 and future use at Well 23 in meeting Title 22 drinking water requirements; and
Whereas, on May 19, 2026, Utilities staff advertised an opportunity to bid on this project, and on June 24, 2026, received seven (7) bids for the Well 16 Hexavalent Chromium Treatment Facility Project; and
Whereas, GSE Construction Company Inc., of Livermore, California, submitted the apparent lowest responsible and responsive bid in the amount of $3,132,900.00, which is 26 percent above the Engineer’s Estimate of $2,491,600.00; and Whereas, the City requires a mid-year amendment to the Fiscal Year 2026-2027 Capital Improvement Program (CIP) Budget to add $3,759,480.00, reflecting the apparent low bid amount plus a 20 percent contingency, and to utilize funding from Water – Facilities Rehab (5102) and Water Capacity Charges (5110) for the project.
Now, therefore, be it resolved by the City Council of the City of Vacaville that the construction contract for the Well 16 Hexavalent Chromium Treatment Facility Project is awarded to GSE Construction Company Inc., of Livermore, California, in the amount of $3,132,900.00, and the Director of Utilities is authorized to execute the contract and approve change orders within the limits established by City policy.
Be it further resolved that the City Council approves an amendment to the Fiscal Year 2026-2027 Capital Improvement Program Budget in the amount of $3,759,480.00 to provide additional funding for the Well 23 Chrome 6 Treatment/Improvements Project (formerly titled Well 16 Chrome 6 Treatment/Misc. Imp.).
Be it further resolved that an amended Capital Improvement Program Budget of the City of Vacaville for the fiscal year 2026-2027 in the sum of $42,815,290.00 is approved and ratified in all particulars and is re-adopted as the official Capital Improvement Program Budget of the City of Vacaville for fiscal year 2026-2027.
Item 9.i
I hereby certify that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 28th day of July, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.i
Item 9.i
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Justen Cole, Utilities Department
(Ben Menzel, Assistant Utilities Engineer (707) 469-6428) Subject: Resolution of the City Council of the City of Vacaville Approving a Professional Services Agreement with Verdantas Inc. for the Update of the Water System Master Plan (Project W25-4 F40-1) and Authorizing the Director of Utilities to Execute Said Agreement in an Amount Not to Exceed
$320,000.00
Actions for Consideration:
Adopt a resolution approving a Professional Services Agreement with Verdantas Inc., for professional engineering services for the Update of the Water System Master Plan (Project W25- 4 F40-1), in an amount Not to Exceed $320,000.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
The City of Vacaville Utilities Department completed its Water System Master Plan (WSMP) in 2023. The WSMP serves as the City's primary planning document for evaluating water supply and demand conditions, hydraulic system performance, and long-term capital improvement needs. Since completion of the 2023 WSMP, changes in development activity, planning assumptions, and water supply considerations necessitate an update.
Three near-term factors make a WSMP update necessary. First, the WSMP is needed prior to preparing a future Water Capacity Charge Study, which is the basis for establishing the capacity charges that the City is able to charge to new development. Second, the City must reevaluate its long-term treated water supply strategy, considering an aging DE Water Treatment Plant, aging well sites, and the planned expansion of the North Bay Regional Water Treatment Plant. Third, the existing WSMP is outdated and anticipated development activity in the City requires a comprehensive update to ensure planning assumptions and system capacity needs remain current. The completed document will serve as the City's primary water infrastructure planning tool and will support future Water Connection Charge and rate studies. The WSMP will be Item 9.j
structured to provide public transparency while protecting sensitive system information, consistent with the City's American Water Infrastructure Act (AWIA) Risk and Resilience Assessment (RRA) obligations.
Discussion:
The Utilities Department issued a formal Request for Proposals (RFP) for professional consulting services to update the City's Water System Master Plan (Project W25-4 F40-1). Proposals were due on June 5, 2026, and four firms submitted responsive proposals:
• Ardurra Group, Inc.
• Consor North America, Inc.
• Verdantas Inc.
• West Yost Associates
Proposal Evaluation
A selection committee reviewed and evaluated all proposals based on the criteria identified in the RFP, including qualifications and experience, organization & approach, scope of services, schedule of work, and cost proposal. Consistent with qualifications-based selection (QBS) practices, cost proposals were not considered during the technical evaluation process. Following completion of the technical review, cost proposals were opened and evaluated on a pass/fail basis to confirm consistency with the project scope and budget expectations.
Verdantas Inc. was determined to be the most qualified firm and was selected for contract negotiations.
Scope of Services
Staff negotiated a scope of services with Verdantas Inc. to update the City's Water System Master Plan. The work includes evaluating water demands and supplies, updating the City's hydraulic model, identifying system improvement needs, and developing a prioritized Capital Improvement Program structured around project drivers (growth, rehabilitation and replacement, capacity, and regulatory compliance).
Schedule
The draft WSMP is expected to be submitted in December 2026, with the final document completed in March 2027. This schedule supports completion of the 2027 Water Connection Charge Study while allowing sufficient time for City review and comment.
Environmental Impact:
This action is not a project under the California Environmental Quality Act (CEQA) because it is not an action that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).
Item 9.j
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: This project is funded by Water Capacity Charges (5110).
Budget Distribution: The budget for this project is included in the Capital Improvement Project budget #860100 – Water System Study, and sufficient funding exists in the project account.
There is no fiscal impact on the General Fund from this proposed action.
Alternatives:
• Do not award the contract. The WSMP Update is needed to provide the technical foundation for future Water Capacity Charges and water rate studies. Without an updated WSMP, the City may not have the necessary information to adequately plan for capital improvement projects to support growth. Additionally, the current 2023 WSMP does not reflect updated land use assumptions, the uncertainty surrounding water treatment assets, and the City's current hydraulic model, limiting its usefulness as a planning and capital programming tool. • Direct staff to re-solicit proposals. The RFP process was conducted in conformance with City procurement requirements, four qualified firms submitted responsive proposals by the established deadline, and a selection committee completed a formal evaluation using the City's standard weighted criteria. Re-solicitation would delay project initiation and would likely result in higher costs due to escalating labor rates.
Strategic Plan Goal/Initiative:
Initiative 2B: Manage Impacts from Growth
Goal 4: Maintain Effective and Efficient Services
Initiative 4A: Ensure Fiscal Sustainability
Levine Act:
No
Attachments:
Resolution – Action Item
Item 9.j
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville Approving a Professional Services Agreement with Verdantas Inc. for the Update of the Water System Master Plan (Project W25-4 F40-1) and Authorizing the Director of Utilities to Execute Said Agreement in an Amount Not to Exceed $320,000.00 Whereas, the City of Vacaville owns and operates a municipal water system and must maintain current planning documents to guide infrastructure investment, ensure long-term system reliability, and support sound financial planning; and
Whereas, the City's Water System Master Plan (WSMP) was last updated in 2023 and serves as the primary planning document for evaluating water demands, water supplies, system capacity, and capital improvement needs; and
Whereas, changes in development activity, planning assumptions, regulatory requirements, and water supply considerations warrant an update to the WSMP to ensure it continues to support the City's long-term water system planning objectives; and Whereas, the Utilities Department issued a Request for Proposals (RFP) for professional services to update the Water System Master Plan (Project W25-4 F40-1), received four responsive proposals, and conducted a qualifications-based selection process; and Whereas, following evaluation of the proposals, Verdantas Inc. was determined to be the most qualified firm to perform the required services; and Whereas, the City and Verdantas Inc. have negotiated a scope of services and fee for preparation of the updated WSMP, and the negotiated compensation has been determined to be fair and reasonable.
Now, therefore, be it resolved that the City Council of the City of Vacaville approves the Professional Services Agreement with Verdantas Inc., for professional services to update the Water System Master Plan (Project W25-4 F40-1), in an amount not to exceed $320,000, and authorizes the Director of Utilities to execute said agreement.
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 28th of July, 2026 by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.j
Item 9.j
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Brian Oxley, Public Works Department
(Staff Contact: Lori DaMassa, Transit Manager (707) 469-6575) Subject: Resolution of the City Council of the City of Vacaville to Authorize the City Manager or their Designee to Execute the Third Amendment to the Agreement for the Provision of FixedRoute, Demand Response, and Paratransit Services Between the City of Vacaville and First Transit, Inc.
Actions for Consideration:
Authorize the City Manager, or their designee, to execute the Third Amendment of the Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Services Agreement between the City of Vacaville and First Transit, Inc.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
The Public Works Department has operated Vacaville City Coach (City Coach), the City’s public transit system, since 1981. City Coach is funded through three primary sources: State of California Transportation Development Act (TDA), Federal Transit Administration (FTA), and collected passenger fare revenue. The City’s General Fund does not contribute to the operation or maintenance of City Coach. The City owns and maintains all capital assets associated with the transit program. City Coach is staffed by a Transit Manager, a Management Analyst, and an Administrative Technician, who collectively manage the City’s public transit program and services.
First Transit, Inc. (First Transit) has been the City's contracted transit operator since 2007. The transit services agreement between First Transit and the City specifies the terms for operation and is consistent with FTA and TDA funding requirements. Under the transit services agreement, the City’s transit contractor provides staff, including an on-site general manager, safety/training manager, operations supervisor, dispatchers, bus operators, and two utility workers. The transit contractor and their staff operate from the City’s Transit Building, located at the City’s Corporation Yard.
Item 9.k
Discussion:
The current transit services agreement, that included a five-year base service contract with three option years, was awarded to First Transit on August 1, 2021, and will expire on July 31, 2026 (Attachment 1 – 2021 Transit Service Agreement). In March 2023, First Transit was acquired by Transdev, Inc.; First Transit continues to operate as a legal entity under the Transdev umbrella, and no changes were made to the transit services agreement as a result of the acquisition.
Key components of the Third Amendment include:
• The term of the agreement is extended to July 31, 2029, by exercising the remaining three option years under the current agreement.
• The City will pay First Transit for actual services performed based on the following rates, with a maximum of forty thousand (40,000) annual revenue hours per year. Current annual revenue hours per year are approximately thirty thousand (30,000).
Year 1 August 1, 2026 -
July 31, 2027
Revenue Hour Rate: $57.78 x 40,000 (hours) = Variable Cost: $2,311,200.00 Fixed Cost: $1,038,970.28
Not-to-Exceed Amount Total: $3,350,170.28
Year 2 August 1, 2027 -
July 31, 2028
Revenue Hour Rate: $60.20 x 40,000 (hours) = Variable Cost: $2,408,000.00 Fixed Cost: $1,076,697.73
Not-to-Exceed Amount Total: $3,484,697.73
Year 3 August 1, 2028 -
July 31, 2029
Revenue Hour Rate: $63.19 x 40,000 (hours) = Variable Cost: $2,527,600.00 Fixed Cost: $1,118,219.53
Not-to-Exceed Amount Total: $3,645,819.53
• Approval of the Third Amendment will not result in a fare increase to passengers. There is ample funding in the Transit budget to cover the cost for the remaining three years.
Based on the positive performance of the City’s contractor, First Transit, the performance of the transit system as a whole, and the successful performance of contracted tasks demonstrated by First Transit, staff recommends continuing the City’s successful partnership with First Transit by extending the agreement for the three option years through July 31, 2029.
Item 9.k
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).
Fiscal Impact:
There will be no fiscal impact on the City’s General Fund as a result of this action. Vacaville City Coach is funded through the State Transportation Development Act (TDA), Federal Transit Administration (FTA) funding, and collected passenger fare revenue.
Amount Requested: $10,480,687.54
• Year 1 - August 1, 2026 - July 31, 2027 Not-to-Exceed Amount Total: $3,350,170.28 • Year 2 - August 1, 2027 - July 31, 2028 Not-to-Exceed Amount Total: $3,484,697.73 • Year 3 - August 1, 2028 - July 31, 2029 Not-to-Exceed Amount Total: $3,645,819.53 Funding Source: Transportation Development Act (4004) Funds, Federal Transit Administration (4001) Funds, and collected passenger fare revenue (various).
Budget Distribution: The current costs associated with this item are covered in the Fiscal Year 2026-27 operating budget for the department.
Alternatives:
City Council could choose not to authorize Amendment #3 to the Provision of Fixed-Route, Demand Response, and Paratransit Services between the City and First Transit; however, this alternative is not recommended. Failure to approve the amendment would leave the city without a long-term contractual agreement and would require the city to operate under a temporary month-to-month arrangement until a complete bid process could be conducted and finalized.
This approach would likely result in increased operational costs, create uncertainty in service delivery, and could negatively impact current transit service levels and reliability for the community.
Strategic Plan Goal/Initiative:
Goal 1: Ensure Public Safety
Levine Act:
Yes
Attachments:
Resolution – Action Item
Attachment 1: 2021 Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Service Between City of Vacaville and First Transit, Inc.
Item 9.k
Attachment 2: Third Amendment to Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Service Between City of Vacaville and First Transit, Inc.
Attachment 3: Levine Act Disclosure Form
Item 9.k
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville to Authorize the City Manager or their Designee to Execute the Third Amendment to the Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Services Between the City of Vacaville and First Transit, Inc.
Whereas, the City of Vacaville’s fixed-route, demand response, and paratransit system called City Coach provides safe, reliable, and high-quality public transportation; and Whereas, the City entered into a five-year base service contract with three option years with First Transit, Inc. to provide the day-to-day operations of City Coach as approved by Resolution No. 2021-044 on May 25, 2021; and
Whereas, First Transit, Inc. was officially acquired by Transdev Inc. on March 6, 2023, and continues to operate as First Transit, Inc. under the umbrella of Transdev Inc.; and Whereas, through Amendment #3, the City wishes to amend the original contract, effective August 1, 2026, to extend the contract for the three allowable option years, ending on July 31, 2029; and
Whereas, the Third Amendment establishes a Not-to-Exceed Amount Total of $3,350,170.28 for Year 1 (August 1, 2026 through July 31, 2027), $3,484,697.73 for Year 2 (August 1, 2027 through July 31, 2028), and $3,645,819.53 for Year 3 (August 1, 2028 through July 31, 2029), for a cumulative not-to-exceed amount of $10,480,687.54 over the three-year term.
Now, therefore, be it resolved by the City Council of the City of Vacaville that the City Manager or their designee is hereby authorized and directed to execute Amendment #3 with First Transit, Inc., effective August 1, 2026, in a cumulative amount not to exceed $10,480,687.54 over the three-year term as set forth above.
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 28th day of July 2026 by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.k
AGREEMENT FOR THE PROVISION OF
FIXED-ROUTE, DEMAND RESPONSE, AND PARATRANSIT SERVICES
This Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Services ("AGREEMENT") is made and entered into as of May 25 , 2021 by and between the City of Vacaville ("CITY"), a municipal corporation, and First Transit, Inc., a DE corp. ("CONTRACTOR") (collectively" Parties").
RECITALS
WHEREAS, CITY conducted a "Best Value" competitive procurement process as prescribed in the Federal Transit Administration's Third Party Contracting Guidance circular 4220.1F to select a CONTRACTOR to operate fixed-route, demand response and paratransit services for the City of Vacaville, City Coach Transit System;
WHEREAS, CONTRACTOR was selected by CITY pursuant to this competitive process, and was awarded the AGREEMENT by the CITY Council; and
WHEREAS. the Parties desire to enter into this AGREEMENT to describe the Scope of Work to be provided by CONTRACTOR and to set forth the terms and conditions that will govern the operation by CONTRACTOR of the fixed-route. demand response and paratransit services covered by this AGREEMENT.
NOW THEREFORE. in consideration of the mutual promises hereinafter given, CITY and CONTRACTOR hereby agree as follows:
SECTION 1. DEFINITIONS
A. Agreement The term "AGREEMENT" means this AGREEMENT for the Provision of Fixed-Route, Demand Response, and Paratransit Services, including the following Appendices to be attached hereto from the RFP (defined at Section 1.R below): Appendix A, Scope of Work; Appendix B, Federal Clauses; Appendix C, CONTRACTOR's Completed Required Forms; and Appendix D, Federal Transit Administration Third Party Contracting Requirements;
B. Appendix The term "Appendix" shall refer to the specified appendix to the RFP.
C. City Manager The term "City Manager" means the Vacaville City Manager or his or her designee.
D. Commencement Date The term "Commencement Date" means the date CONTRACTOR begins the operation of fixed route, demand response and paratransit services under this AGREEMENT. The Commencement Date is currently scheduled to be August 1, 2021, written notice to CONTRACTOR.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services unless CITY modifies that date by
May 2021
page I
Item 9.k
E. Contract Term The term "Contract Term" means the term of this AGREEMENT, which is a Base term of five (5) years with the option for one (1) three year extension as presented below:
5 YEAR BASE CONTRACT (Base term August 1, 2021 to July 31, 2026) August 1, 2021 to July 31, 2022
August 1, 2022 to July 31, 2023
August 1, 2023 to July 31, 2024
August 1, 2024 to July 31, 2025
August 1, 2025 to July 31, 2026
3 YEAR OPTION EXTENSION (Single Option term August 1, 2026 to July 31, 2029) August 1, 2026 to July 31, 2027
August 1, 2027 to July 31, 2028
August 1, 2028 to July 31, 2029
The extension shall be mutually agreed upon.
F. CONTRACTOR The term "CONTRACTOR" means _ _,_F-"-ir"'st'-T'--'r"'a""ns,,,it"----"ln.,,c"--. _______ .
G. Consumer Price Index The term "Consumer Price Index" means the average of the percent change in Consumer Price Index for Urban Clerical and Wage Earners, as reported by the Bureau of Labor Statistics or successor agency, from the December preceding the annual contract adjustment over the preceding December, for the San Francisco Bay Area, the Western Urban Region, and the U.S. Cities indices.
H. Days The term "days" means calendar days, unless otherwise designated in this AGREEMENT.
I. Deadhead Time The term "Deadhead Time" means the time during which a revenue vehicle is operating without fare-paying passengers, such as movement between the Facility and the departure point of a scheduled route, and between the ending point of a scheduled route back to the Facility.
J. Default The term "Default" means a non-material breach of this AGREEMENT by CONTRACTOR's failure to provide the services in the manner required by this AGREEMENT.
K. Demand Response The term "Demand Response" refers to the CITY's pilot program, City Coach Direct.
L. Facility The term "Facility'' means the CITY's Corporation Yard at 1001 Allison Drive, Vacaville, California.
M. Federal Transit Administration (FTA) The term "Federal Transit Administration" or "FTA" means the Federal Transit Administration of the United States Department of Transportation.
N. Execution Date The term "Execution Date" means the date this AGREEMENT is executed by both parties, as set forth on Page 1.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
page2
Item 9.k
O. Non-Revenue Hour The term "Non-Revenue Hour" means the total time a revenue vehicle is in operation, beginning on its departure from the Facility and ending on its return to the Facility. The term does not include operation within the Facility, use during training, or the transporting of a spare vehicle to replace a vehicle that is out of service.
P. Paratransit The term "Paratransit" refers to the CITY's Special Services paratransit service.
Q. Revenue Hour The term "Revenue Hour' means the total time a revenue vehicle is available to transport passengers and excludes "Deadhead Time". For the fixed-route service, a "revenue hour' begins at the first scheduled stop and ends at the last scheduled stop of the service day. For paratransit demand response service, a "revenue hour' begins at the first scheduled pick-up and ends at the last scheduled drop-off. For General Public Dial-a-Ride (GP DAR), a "revenue hour' begins at the time the operator is available for a pick-up until the operator returns to the Corporation Yard. "Revenue Hours" do not include operator meal breaks. "Revenue Hours" for fixed-route service and paratransit demand response service do not include layover periods in excess of 15 minutes, regardless of reason (e.g. no-shows, cancellations, etc.).
R. Revenue Vehicle The term "Revenue Vehicle" means any vehicle owned or leased by CITY and used by CONTRACTOR to provide fixed route, demand response or paratransit services under this AGREEMENT.
S. Revenue Service The term "Revenue Service" means the operation of a revenue vehicle in transit services carrying fare-paying passengers, but does not include Deadhead Time.
T. RFP The term "RFP" means CITY's Request for Proposals No. 2021-01, issued February 8, 2021.
SECTION 2. SCOPE OF WORK
CONTRACTOR shall operate fixed-route, demand response and paratransit services described more particularly in Appendix A, Scope of Work; Appendix B, Federal Clauses; Appendix C, CONTRACTOR's Completed Required Forms; and Appendix D, Federal Transit Administration Third Party Contracting Requirements, all attached hereto and incorporated herein by reference.
SECTION 3. PERFORMANCE REQUIREMENT
A. In General CONTRACTOR shall, at all times during the term of this AGREEMENT, perform all services described in the Scope of Work diligently, carefully, and in a professional manner, and shall furnish all labor, supervision, machinery, equipment, materials, and supplies necessary therefore (other than equipment and supplies provided by CITY) as required under this AGREEMENT.
B. Compliance with Procurement Documents CONTRACTOR's performance of services shall be in accordance with this AGREEMENT, and also in accordance with the RFP and all appendices thereto, and CONTRACTOR's proposal, all of which are hereby incorporated into this AGREEMENT and referred to herein as the "Procurement Documents". In the event of any conflict among these documents, the provisions of this AGREEMENT (including the attachments hereto) shall control over the RFP and CONTRACTOR'S Proposal.
City of Vacaville
Agreement for the Provision of Pixed-Route and Paratransit Se1vices May 2021
page 3
Item 9.k
C. Performance Bond
1. CONTRACTOR shall procure, at its sole expense, and keep in effect at all times during the term of this AGREEMENT, a surety bond equivalent to 10 percent of the cost of the first 12 months of service, in favor of CITY, in a fonn approved by CITY, and executed by a corporate surety authorized to conduct business as a surety in the State of California ("Surety"). Evidence of the bond shall be provided to CITY within 10 days after the Execution Date.
2. The bond shall be conditioned upon faithful performance by CONTRACTOR of the terms and conditions of this AGREEMENT and shall be renewed to provide for continuing liability in the amount described in Paragraph 1, notwithstanding any payment or recovery thereon. The bond must be kept in full force and effect at all times during the term of this AGREEMENT. Such bond shall not be subject to cancellation except after notice to the City Manager by registered mail at least forty-five (45) days prior to the date of cancellation. Failure to maintain such surety bond may be treated by CITY as a material breach of this AGREEMENT and CITY may take such action as it deems necessary to protect CITY's interests.
3. If CITY determines that CONTRACTOR has failed to keep and perform the material covenants, conditions, and agreements in this AGREEMENT and the Procurement Documents, then CITY may require the Surety to perfonn, or may exercise or collect or cause to be exercised or collected, the obligations under the perfonnance bond. In such an event, the City Manager shall notify the Surety and give the Surety an opportunity to perform within a reasonable time. If the Surety fails to perform, the City Manager shall perform and assess the Surety on its bond for the cost of such performance.
The cost of such perfonnance includes the costs of all labor, equipment, and supplies reasonably necessary to perform the work in CONTRACTOR's absence.
4. CITY may, in its sole discretion, permit CONTRACTOR to substitute designated securities or an irrevocable letter of credit from a bank acceptable to CITY for the loans required by this section. No such substitution shall be permitted without the prior written consent of CITY.
SECTION 4. CONTRACT TERM
A. Base Tenn The term of this AGREEMENT (the "Contract Term") shall be for five (5) years. The term of this AGREEMENT shall begin on the Commencement Date.
B. Options In addition, the Parties may mutually agree to extend the Contract Tenn through a single, threeyear period (August 1, 2026 through and including July 31, 2029). CONTRACTOR shall be notified of CITY's decision to exercise the option and extend the Contract Term no later than May 31st of the same calendar year in which the Contract Base Term is set to expire (i.e., May 31, 2026). CITY reserves the right to not exercise the option term.
City of Vacaville
Agreement for the Provision of Pixed-Route and Paratransit Services May2021
page4
Item 9.k
SECTION 5. COMPENSATION
A. Base Rates Except as provided in subsection (B), CONTRACTOR shall be compensated for the actual hours operated on a monthly basis during the Contract Term at the applicable rate per revenue hour set forth in Appendix C, Form 3 Price Proposal.
B. Payments to CONTRACTOR CONTRACTOR shall be paid monthly in arrears based upon the fixed monthly expense plus the expense for all revenue hours provided, unless otherwise mutually agreed upon in writing. Each monthly payment shall be based upon the actual number of revenue hours for which CONTRACTOR is billing in that month. If this AGREEMENT is terminated before the expiration of the Contract Term, CONTRACTOR's total payment shall be computed pro-rata based on the number of revenue hours operated. In the event CITY fails to make any payment in full, as provided herein, in addition to whatever rights CONTRACTOR may have at law or in equity after providing CITY with thirty (30) days advance written notice and an opportunity to cure, CONTRACTOR has the right to declare this AGREEMENT terminated upon an additional thirty (30) days advance written notice of intent to terminate and only after providing such notice to term in ate to take such other steps as it may deem appropriate.
CONTRACTOR agrees to cooperate fully with CITY's efforts to obtain and/or maintain federal or state funds for payment. CITY agrees to remit the payment to CONTRACTOR subject to the terms of this AGREEMENT. CONTRACTOR's cooperation shall include, but not be limited to, the provision of applicable service revenue and cost information, passenger counts, and other information needed to meet any regional, state, and federal requirement or herein required for planning and reporting purposes.
C. Limit on Funding Availability CONTRACTOR expressly agrees that any costs, expenses or amounts due under or in any way related to this AGREEMENT are solely to be paid from any funds obtained from the Metropolitan Transportation Commission (MTC) or other entities providing a subsidy for these services, together with all monies collected through the fare box or other sales, and in no event shall this AGREEMENT obligate the CITY's general fund or other CITY sources of money.
D. Farebox and Other Revenues All fare and related transportation revenues are property of CITY.
CONTRACTOR shall collect all farebox receipts in sealed fare boxes, and deposit into a designated CITY bank account all receipts collected from monthly passes, prepaid tickets, etc. sold by CONTRACTOR.
CONTRACTOR shall maintain all account records and reports as required herein and in Appendix A, Scope of Worl<. CONTRACTOR shall provide evidence satisfactory to CITY that the fare and related transportation revenues collected by CONTRACTOR and reported to CITY are the amounts actually collected. CONTRACTOR shall operate the fixed-route, demand response and paratransit service during the Contract Term of this AGREEMENT pursuant to the fare structure established by the CITY.
E. Invoicing Procedures Invoices are to be submitted to CITY on a monthly basis and in the format specified by CITY. Upon verification of the accuracy and completeness of the invoice by CITY, the invoice shall be forwarded for payment to CITY Finance Department. All invoices shall be submitted to CITY by the 10th City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May202l
page 5
Item 9.k
day of the relevant month after the month that service is provided and shall be submitted to CITY's Accounts Payable section for processing within fifteen (15) working days after the date of submission.
F. Audits and Reviews CITY may at any time, and shall at a minimum on an annual basis, conduct an audit of any and/or all records kept by CONTRACTOR that are directly or indirectly related to the services provided under this AGREEMENT. Any overpayment or underpayment uncovered in such an audit may be charged or credited (as the case may be) against CONTRACTOR's future payments. Appropriate financial adjustments to future payments shall be made by CITY based upon any inconsistency, irregularity, discrepancy, under-billing or unsubstantiated billing revealed as a result of the audit. Prior to withholding payment or deducting amounts from future invoices, CITY will give notice to CONTRACTOR and provide CONTRACTOR with an opportunity to state its position on the issue presented.
G. Special Rate Adjustment Rates shall be adjusted from time to time in an amount sufficient to cover CONTRACTOR's reasonable increased costs in connection with an "Eligible Event" which is classified as a change in state or federal laws, statutes, rules, or regulations applicable to the RFP or the AGREEMENT.
Upon CONTRACTOR's assertion of an Eligible Event, CONTRACTOR and CITY shall meet and confer regarding the existence and nature of the Eligible Event and its impact on CONTRACTOR's costs.
CONTRACTOR shall bear the burden of justifying any such adjustment, and shall be deemed to have satisfied its burden upon providing substantial evidence (a) that an Eligible Event has occurred or will occur, (b) that such Eligible Event has caused or will cause CONTRACTOR to incur increased costs, and (c) that the amount of such increased costs is reasonable. CONTRACTOR shall provide CITY with such additional information as CITY may reasonably request in order to evaluate CONTRACTOR's application. If CITY determines that CONTRACTOR satisfied its burden, which determination shall not be unreasonably withheld, CITY shall use its best efforts to cause the Rate adjustment to be heard by the CITY's City Council within 90 days of CONTRACTOR's application. If CONTRACTOR submits its application before September 30 of a given year, the Rate adjustments pursuant to this section shall take effect on January 1 of the following year, unless otherwise agreed by CITY and CONTRACTOR. Rate adjustments pursuant to this section shall be established in such a manner as to cover CONTRACTOR's reasonable increased costs resulting from the Eligible Event, whether incurred before or after CONTRACTOR's application or the effective date of the Rate adjustment. As of the Signature Date, CONTRACTOR is not aware of any Eligible Event that has been enacted or promulgated but has not yet taken effect, and that would reasonably be expected to increase CONTRACTOR's costs of providing services hereunder. [REMAINDER LEFT INTENTIONALLY BLANK]
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
page 6
Item 9.k
SECTION 6. RESPONSIBILITIES UNDER THIS AGREEMENT
A. Responsibilities of CONTRACTOR
1. CONTRACTOR shall coordinate, manage, and control all activities necessary to carry out its obligations as set forth herein this AGREEMENT and in Appendix A, Scope of Work.
2. CONTRACTOR shall provide at its sole cost all equipment and supplies necessary for the perfonnance of services under this AGREEMENT except as otherwise provided in Appendix A, Scope of Work.
B. Responsibilities of CITY CITY shall be responsible for carrying out its obligations under this AGREEMENT and as described in Appendix A, Scope of Work.
SECTION 7. NON-REGULAR SERVICES
A. In General CITY may, in its discretion, require CONTRACTOR to operate non-regular services that are in addition to the bus lines and routes set forth in Exhibit A, City Coach current route map/schedule. Except in emergency circumstances, any such request shall be made in writing, and shall be made not less than ten (10) days in advance of the date the non-regular services will be provided. In an emergency situation CITY shall give as much notice as possible and shall work in good faith with CONTRACTOR to provide non-regular services.
B. Rates and Other Terms
1. Compensation for non-regular services shall be in accordance with the actual hours operated at the applicable rate per revenue hour set forth in Appendix C, Form 3 Price Proposal.
2. Except as otherwise expressly agreed in writing by the Parties, the terms and conditions of this AGREEMENT shall apply to any non-regular services operated under this Section 7. [REMAINDER LEFT INTENTIONALLY BLANK]
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Se1vices May2021
page 7
Item 9.k
SECTION 8. CONTRACTOR PERSONNEL
A. In General
1. CONTRACTOR shall be solely responsible for the satisfactory work performance of all its employees and subcontractors as described in this AGREEMENT or the Procurement Documents, or under any reasonable performance standard established by CITY. CONTRACTOR shall be solely responsible for payment of all its employees wages and benefits and subcontractors invoices. Without any additional expense to CITY, CONTRACTOR shall comply with the requirements of employee liability, worker's compensation, unemployment insurance, social security, and disability laws, including but not limited to the Americans with Disabilities Act, and shall require all of its subcontractors to do so as well. CONTRACTOR shall hold CITY harmless from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices, or of statutory, regulatory, or contractual obligations to employees.
2. CITY shall have the right to demand the removal from service under this AGREEMENT, for reasonable cause, any personnel (including supervisory staff) furnished by CONTRACTOR. Any such demand shall be made in writing.
3. CONTRACTOR shall not discriminate on the grounds of race, color, national origin, religion, sex, sexual orientation, age, disability, ancestry or marital status as provided for in federal, state and local laws in the performance of its obligations under this AGREEMENT.
B. General Manager CONTRACTOR shall designate a General Manager who shall oversee the proper operation of services under this AGREEMENT and who shall remain in this position for at least twentyfour (24) months, unless the CITY consents in writing (which consent shall not be unreasonably withheld) or is subject to removal pursuant to Section 8.D below. CITY reserves the right, in its sole discretion, to reject any individual proposed to take the General Manager position. If the General Manager is replaced without CITY's consent, CONTRACTOR shall be subject to a $15,000 penalty to be assessed at the CITY's sole discretion. The General Manager's job responsibilities shall solely include providing services for CITY under this AGREEMENT. In addition, CONTRACTOR shall designate the General Manager as CONTRACTOR's agent authorized to bind CONTRACTOR to performing all aspects of this AGREEMENT, who shall be available at all times, either by phone or in person, to make decisions or provide coordination as necessary. The General Manager shall be responsible for monitoring all aspects of the service, including but not limited to, ridership, quality of service, fare collection, operations, maintenance and repairs, attitudes, motivation and employee performance.
C. Safetyffraining Manager CONTRACTOR shall designate a Safetyffraining Manager who shall oversee the proper safety/training of service operation under this AGREEMENT and who shall remain in this position for at least twenty-four (24) months, unless CITY consents in writing (which consent shall not be unreasonably withheld) or is subject to removal pursuant to Section 8.D below. CITY reserves the right, in its sole discretion, to reject any individual proposed to take the Safetyffraining Manager position. If the Safetyffraining Manager is replaced without CITY's consent, CONTRACTOR shall be subject to a City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
page 8
Item 9.k
$15,000 penalty to be assessed at CITY's sole discretion. The Safety/Training Manager's job responsibilities shall solely include providing services for CITY under this AGREEMENT.
D. Changes in Key Personnel CONTRACTOR shall not, without prior written notice to and consent by CITY (which consent shall not be unreasonably withheld), remove or reassign the General Manager, Safety/Training Manager, or any key management personnel identified in CONTRACTOR's proposal, or appoint any new individual to those positions, whether in an acting or permanent capacity, at any time during the Contract Term; provided that CONTRACTOR shall have the discretion, following written notice and explanation to CITY, to remove any such individual pursuant to CONTRACTOR's established personnel policies. Such explanation shall conform with all relevant federal, state, and local laws, including but not limited to, any privacy laws.
E. Requirement for Qualified Workforce CONTRACTOR shall provide and maintain throughout the term of this AGREEMENT a sufficient number of properly qualified personnel to operate and maintain the revenue vehicles and other equipment and to provide the services required under this AGREEMENT. The number, qualifications, and class, craft, or position of the personnel provided shall be in accordance with the information submitted by CONTRACTOR in its proposal.
F. Compliance With and Alcohol Testing Policy CONTRACTOR shall provide pre-employment, postaccident, reasonable suspicion, and random drug and alcohol testing of its employees in "safetysensitive" positions, pursuant to the requirements of the Federal Transit Administration (FTA), and shall comply with 49 C.F.R. Part 655, and with other drug and alcohol testing rules and regulations as may be required by the FTA. CONTRACTOR shall submit reports of drug and alcohol tests quarterly on an approved CITY form. CONTRACTOR shall make other information regarding its surveillance program available to CITY upon request.
G. Wark er's Com pens atio n CONTRACTOR hereby certifies that it is aware of the provisions of Section 3700 et. seq. of the California Labor Code which requires every employee to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Labor Code, and agrees that it will comply with such provisions and submit satisfactory evidence to CITY of such insurance or self-insurance before commencing the performance of work under this AGREEMENT.
H. Additional Personnel and Services If service under this AGREEMENT is increased, requiring changes in the number of revenue vehicles, number of revenue hours, number of routes, and/or service frequency, CONTRACTOR must have available, or be able to acquire in a timely fashion, any additional personnel required for the provision of such additional service.
[REMAINDER LEFT INTENTIONALLY BLANK]
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Se1vices May2021
page 9
Item 9.k
I. EMPLOYEES OF PRIOR OPERATOR
1. If CONTRACTOR was not the operator of the CITY's transit system immediately prior to the Commencement Date, CONTRACTOR shall afford a priority in hiring to the existing employees of the prior CITY service provider in accordance with this subsection.
CONTRACTOR shall retain the qualified employees of the CITY's existing contractor or subcontractor(s) for a period of at least ninety (90) days, in accordance with California Labor Code section 1072.
2. The priority in hiring shall not require the hiring of any existing employee if CONTRACTOR determines that the employee is not qualified for the position (under the terms of this AGREEMENT or under CONTRACTOR's employment standards and personnel policies), or CONTRACTOR determines that the employee should not be hired because of unsatisfactory past employment history (such as documented disciplinary actions, habitual absenteeism, etc.), or a prior felony conviction.
The priority in hiring shall not extend to any individual who was dismissed from his or her employment for cause, and shall be extended to key management staff of the prior service provider.
J. Immigration Reform and Control Act of 1986 CONTRACTOR assumes full responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder in compliance with the Immigration Reform and Control Act of 1986 and rules and regulations promulgated in connection therewith (hereinafter "IRCA"). CONTRACTOR shall indemnify and hold CITY harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance with the provisions of IRCA.
SECTION 9. VEHICLES
CITY shall provide sufficient revenue vehicles, including spares, for use by CONTRACTOR in providing the services required under this AGREEMENT, as described more particularly in the Scope of Work.
CONTRACTOR shall not operate, lease or charter CITY-provided vehicles, equipment or other assets used for any purpose other than as specified in this AGREEMENT, unless specifically authorized by CITY in writing.
SECTION 10. VEHICLE WARRANTY REPAIRS
The CITY shall be responsible for the exercise and enforcement of all warranties relating to CITYprovided equipment.
SECTION 11. MATERIALS AND EQUIPMENT
CONTRACTOR shall be responsible for the proper maintenance and repair of all materials and equipment used to provide services under this AGREEMENT as described more particularly in the Scope of Work.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
page 10
Item 9.k
SECTION 12. INVENTORY
A. Initial Inventory CITY shall provide CONTRACTOR with an initial inventory of equipment and other property provided by CITY to be used to provide services under this AGREEMENT. The initial inventory may be added to, and the inventory list updated accordingly during the Contract Term.
8. CONTRACTOR Duty CONTRACTOR shall be responsible for returning to CITY, at the expiration or earlier termination of this AGREEMENT, property and equipment of equivalent type value (as of the date acquired} and condition as that identified in the updated initial inventory list, subject to normal wear and tear.
C. Final Inventory CITY shall conduct a final inventory during the last month of the Contract Term. If any property or equipment is determined, on the basis of a comparison of the updated initial inventory list to the final inventory list to be missing, damaged, otherwise unavailable for use, or in a condition that is in excess of ordinary wear and tear, CONTRACTOR shall be responsible for either replacing such property or equipment, or compensating CITY for its replacement value. CITY may deduct any amount due for the replacement of property or equipment from the final monthly payment due to CONTRACTOR. If the amount due for replacement exceeds the amount of the final payment CONTRACTOR shall pay CITY that excess amount within 30 days after notification from CITY.
SECTION 13. OPERATIONS FACILITY
CONTRACTOR shall be deemed to have a revocable license to use the transit building located inside the Facility during the Contract Term. This right shall not be construed as creating a lease (express or implied} or as giving rise to any of the legal rights or interests associated with a leasehold interest in property.
CONTRACTOR shall use the Facility solely for the purposes of operating service under this AGREEMENT.
CONTRACTOR's right to use the Facility may not be transferred or assigned.
SECTION 14. COMPUTER AND TECHNOLOGY REQUIREMENTS.
A. Equipment Specifications CONTRACTOR shall be responsible for the proper care and handling of any CITY provided computer equipment, as specified in the initial or any updated inventory list.
8. Hardware
1. CITY shall provide all computers and telecommunications hardware as set forth in the Scope of Work.
2. CITY shall provide "flash drives" to CONTRACTOR necessary to back-up critical files including, but not limited to, all reports, statistics, and digitally recorded phone calls ("Critical Files"}.
CONTRACTOR shall utilize flash drives to backup Critical Files.
3. Software CITY shall provide all computer software as set forth in the Scope of Work.
4. Facsimile The CITY shall provide and maintain an on-site operating facsimile machine.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May 2021
page 11
Item 9.k
SECTION 15. FARE COLLECTION
The fare structure for the fixed-route, demand response and paratransit services shall be established by CITY and may be modified by CITY during the Contract Term. CONTRACTOR's responsibilities for fare collection shall be as set forth in the Scope of Work.
SECTION 16. SERVICE CHANGES
Changes to the services provided under this AGREEMENT may only be made pursuant to the process set forth in "Changes to Level of Service" section of the Scope of Work.
SECTION 17. OPERATION DURING A DECLARED EMERGENCY
In the event of a declared emergency by the City Council, or any City official designated by ordinance of the City Council to declare an emergency in the City of Vacaville, or where a national or state declaration of emergency necessarily includes jurisdiction over the City of Vacaville, CONTRACTOR shall deploy vehicles in the manner described by the CITY's proper authority. CITY shall compensate CONTRACTOR during such period of declared emergency for services which exceed the normal expense of operating service under this AGREEMENT.
SECTION 18. MARKETING AND ADVERTISING
CONTRACTOR shall cooperate in CITY's marketing and advertising as described more particularly in the Scope of Work. CONTRACTOR may not use the CITY name without CITY's prior written consent.
SECTION 19. PASSENGER COMPLAINTS
CONTRACTOR shall electronically track and address all passenger complaints regarding operational or service deficiencies in accordance with the following:
A. If the complaint relates to safety or serious operational deficiencies, CONTRACTOR shall;
1. Contact the person filing the complaint within 24 hours after it is filed; and
2. Investigate the complaint and file a report to CITY explaining the results of the investigation within three (3) days after the complaint is filed.
B. If the complaint is of a less serious nature (not covered by Section 20.A) CONTRACTOR shall contact the person filing the complaint, investigate the complaint, and file a report to CITY within three (3) days after the complaint is investigated and filed.
In all cases, CONTRACTOR shall make (and document) at least three (3) attempts to contact the person filing the complaint.
[REMAINDER LEFT INTENTIONALLY BLANK]
City of Vacaville
Agreement for the Provision of Pixed-Route and Paratransit Services May2021
page 12
Item 9.k
SECTION 20. PROJECT OPERATION RECORDS AND REPORTS
A. General Duties
1. In order to document services and compliance with all requirements under this AGREEMENT, CONTRACTOR shall maintain all records as required by good business practices and as described more particularly in the Scope of Work. The records are designed to provide documentation of daily operations and will serve as a database to monitor and evaluate productivity of the services provided and the service requirements and methods.
2. National Transit Database All public transit services provided for CITY (including fixed route, demand response and special services) must be reported annually to the Federal Transit Administration in a completed National Transit Database (NTD) report. As part of the annual NTD reporting requirement, CONTRACTOR, if requested by the CITY, shall assist in on-board data sampling to statistically compute valid passenger mile data.
3. Financial Records CONTRACTOR shall establish and maintain a separate account of all project expenditures and any other relevant financial records or documents, and shall maintain complete records reflecting all farebox receipts. CONTRACTOR's financial records shall be kept on a strict accrual basis. All source documents shall be maintained for three (3) fiscal years following final payment and may be audited by CITY or the FTA at any time within this period.
4. Disadvantaged Business Enterprise (DBE) Report CONTRACTOR shall prepare an annual DBE report to be submitted no later than 30 days after the end of each CITY fiscal year. The report shall include;
a. A listing of all DBE firms used;
b. The type of procurement in which DBEs were involved; and c. A percent (by dollar amount of purchases from DBE firms) as measured against all other purchases.
d. This obligation shall survive for a period of one year following the termination or expiration of this AGREEMENT.
5. Equal Employment Opportunity (EEO) Affirmative Action Report CONTRACTOR shall maintain and implement an Equal Employment Opportunity/Affirmative Action Program and policy in accordance with FTA guidelines. CONTRACTOR shall, not later than 30 days after the end of each fiscal year prepare an EEO report which consists of the following:
a. Workforce Analysis for each job category;
b. Job Group Analysis for each job category;
c. Hiring Analysis for each job category;
d. Promotional Analysis for each job category;
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit SeIVices May 2021
page 13
Item 9.k
e. Termination Analysis for each job category;
f. Utilization Analysis that shows the ethnic and gender breakdown for each job category as well as indicates the short term and long-term goals for achieving underutilized minority groups; and g. Availability Analysis that compares the current workforce against the available workforce. h. This obligation shall survive for a period of one year following the termination or expiration of this AGREEMENT.
6. Surveys CITY may elect to authorize representatives of other public agencies to inspect, audit and analyze the records of CONTRACTOR in operating service under this AGREEMENT or CONTRACTOR's operation of any similar service. CITY may, in its sole discretion, obtain additional documentation of service through the use of passenger surveys. These surveys may be administered by authorized representatives of CITY or its designee. CONTRACTOR shall ensure the cooperation of all personnel with any operational procedures relating to survey work, including the distribution of survey questionnaires or other actions necessary to obtain service related information.
SECTION 21. INSPECTION OF WORK
A. In General All work (which term in this Section includes service performed, material furnished or utilized in the performance of services, and workmanship in the performance of services) shall be subject to inspection and test by the CITY to the extent practicable at all times and places during the Contract Term and any extensions thereof. All inspections by the CITY shall be made in such manner as to not unduly delay the work. The CITY shall have the right to enter the premises used by CONTRACTOR for the purpose of inspecting and auditing all data and records which pertain to CONTRACTOR's performance under this AGREEMENT.
B. Re-performance If any work performed is not in conformity with the requirements of this AGREEMENT, the CITY shall have the right to require CONTRACTOR to perform the work again in conformity with such requirements at no increase in the total contract amount. In the event CONTRACTOR fails promptly to perform the work again, the CITY shall have the right, either by contract or otherwise, to have the work performed in conformity with such requirements and charge to CONTRACTOR any costs to CITY that are directly related to the performance of such work, or terminate this AGREEMENT for default of this AGREEMENT as provided in Section 43. When the work to be performed is of such a nature that the defect cannot be corrected by re-performing the work, the CITY shall have the right to (1) declare the defect to be in default of this AGREEMENT, (2) require CONTRACTOR to immediately take all necessary steps to ensure future performance of the work in conformity with the requirements of this AGREEMENT, and (3) reduce the contract price to reflect the reduced value of the work performed. Alternatively, at CITY's sole discretion, CITY shall have the right to declare the defect to be a material breach of this AGREEMENT and terminate this AGREEMENT as provided in Section 43.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
page 14
Item 9.k
SECTION 22. PROJECT MANAGEMENT AND ASSESSMENTS
A. In General CONTRACTOR shall be held responsible for project management according to the operating procedures and standards in this AGREEMENT and in the RFP. CITY may, after consultation with CONTRACTOR, establish additional rules which are reasonable for the operation of transit service.
B. Operating Performance Standards
1. CONTRACTOR shall operate vehicles with due regard for the safety, comfort, and convenience of passengers and the general public.
2. Service shall be provided as scheduled or according to any adjusted schedule established by CITY, including but not limited to route modifications required as a result of a declared emergency. CITY will provide CONTRACTOR with notice of a schedule change at least ten (10) days in advance of its effective date for changes of more than three (3) trips or on more than one bus line; provided that less notice may be provided in the event of an emergency situation.
3. CONTRACTOR shall maintain on-time performance, however, CONTRACTOR shall not be held responsible for the failure to provide on-time service due to weather or traffic conditions, unavoidable vehicle malfunctions, or naturally occurring disasters, if sufficient documentation is provided to CITY.
C. Personnel Performance Standards
1. CONTRACTOR shall assure that regularly assigned vehicle operators or a trained back-up are available daily to ensure consistent and reliable service under this AGREEMENT.
2. All CONTRACTOR personnel are responsible for knowledge of the service provided under this AGREEMENT. Personnel must maintain a courteous attitude, answering to the best of their ability any questions from the public regarding the provision of service. Customer service training must include a focus on passenger relations. Personnel must also report all passenger complaints and/or operation problems to the General Manager. All passenger complaints must be reported to CITY within twenty-four (24) hours after being received.
3. Vehicle operators must accurately and completely submit the required operating reports each day.
4. While in uniform (whether on-duty or off-duty), operators must be in conformance with the uniform requirements described in the Scope of Work.
D. Liquidated Damages CITY shall have the right in its discretion to assess liquidated damages in accordance with Exhibit A, Liquidated Damages, attached hereto. CONTRACTOR shall have the opportunity to contest any liquidated damages assessed, but this shall not affect the right of CITY to invoice or deduct the amount of liquidated damages from the monthly amount due CONTRACTOR while the matter is pending, and hold such amounts in a separate account until the matter is resolved.
City of Vacaville
Agreement for the Provision of Pixed-Route and Paratransit Services May2021
page 15
Item 9.k
SECTION 23. INDEMNIFICATION AND WAIVER OF SUBROGATION
A Indemnity
To the fullest extent allowed by law, CONTRACTOR shall indemnify and hold harmless CITY, its officers, officials, employees and volunteers from and against all actions, causes of actions, damages, costs, liabilities, claims, losses, judgments, penalties and expenses of every type and description, including without limitation any fees and/or costs reasonably incurred by CITY's staff attorneys or contract attorneys and any and all costs, fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "liabilities"), arising out of or in connection with any negligent act or omission, misconduct or other legal fault of CONTRACTOR, its officers, employees, subconsultants, subcontractors or agents in connection with the performance or nonperformance of this AGREEMENT, whether or not CITY accepted or approved any service or work product performed or provided by CONTRACTOR hereunder, and whether or not such liabilities are litigated, settled or reduced to judgment. In the event that a final decision or judgment allocates liability by determining that any portion of damages awarded is attributable to CITY's negligence or willful misconduct, CITY shall pay the portion of damages which is allocated to CITY's negligence or willful misconduct, provided that CITY shall not be liable for any passive negligence of CITY, its officers, officials, employees and volunteers in reviewing, accepting or approving any service or work product performed or provided by CONTRACTOR.
B. Obligation lo Defend
CONTRACTOR shall, upon CITY's request, defend with counsel approved by CITY (which approval shall not be unreasonably withheld), at CONTRACTOR's sole cost and expense, any action, claim, suit, cause of action or portion thereof which asserts or alleges liabilities resulting from any allegedly negligent act, omission, misconduct or other legal fault of CONTRACTOR, its officers, employees, subcontractors or agents in connection with the performance or nonperformance of this AGREEMENT, whether or not such action, claim, suit, cause of action or portion thereof is well founded or lacking in merit.
C. Insurance Policies; Termination
Acceptance of insurance certificates or endorsements required under Section 24 of this AGREEMENT does not relieve CONTRACTOR from liability under this Section 23 and shall apply to all damages and claims of every kind suffered, or alleged to have been suffered, by reason of CONTRACTOR's negligence, misconduct, or other legal fault regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. CONTRACTOR's responsibility for such defense and indemnity obligations shall survive the termination or completion of this AGREEMENT for the full period of time allowed by law.
[REMAINDER LEFT INTENTIONALLY BLANK]
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
page 16
Item 9.k
SECTION 24. INSURANCE
A. General
The defense and indemnification obligations of this AGREEMENT are undertaken in addition to. and shall not in any way be limited by, the insurance obligations contained in this AGREEMENT. CONTRACTOR agrees to have and maintain the policies of insurance set forth in subsection C of this Section 24 below. All policies, endorsements, certificates and/or binders shall be subject to approval by CITY's Risk Management as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by CITY's Risk Management. CONTRACTOR agrees to provide CITY project manager with a copy of said policies, endorsements, certificates and/or binders before work commences under this AGREEMENT. The policies shall include a waiver of subrogation endorsement by which CONTRACTOR's insurer agrees to waive all rights of subrogation against CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONTRACTOR for CITY.
B. CITY Insurance
CITY is a member of the California Transit Insurance Pool (CalTIP), which provides insurance for CITY transit system operations. Subject to the payment of premiums and deductibles by CONTRACTOR as set forth in greater detail in this Section 24, CITY will provide general and auto liability and auto physical damage insurance for injuries to persons, damage to property, and damage to CITY transit fleet vehicles which may arise out of or in connection with CITY transit system operations.
CITY insurance shall include the following:
General and Auto Liability Limit: $20,000,000 per occurrence (primal}' and excess limits combined) Includes coverage for third party bodily injury, personal injury and property damage. $25,000 deductible per occurrence
Limit: Up to value of the vehicle Auto Physical Damage
Includes coverage for physical damage to CITY transit system fleet vehicles. $5,000 deductible per occurrence
C. CONTRACTOR Insurance
CONTRACTOR shall procure and maintain at its own expense at all times during the term of this AGREEMENT insurance coverage with companies licensed to do business in the State of California.
CONTRACTOR insurance shall cover claims for injuries to persons, damage to property or economic losses which may arise out of or in connection with CONTRACTOR's performance or non-performance of work. It shall be a requirement under this AGREEMENT that any available insurance proceeds broader than or in excess of the specified minimum insurance requirements and/or limits shall be available to CITY as an Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this AGREEMENT; or (2) the broader coverage and maximum limits of coverage of any City of Vacaville
Agreement for the Provision of Pixed-Route and Paratransit Services May 2021
page 17
Item 9.k
insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this AGREEMENT are sufficient to cover the obligations of CONTRACTOR under this AGREEMENT.
CONTRACTOR shall procure and maintain insurance against claims for injuries to persons, damage to property or economic losses which may arise from or in connection with the performance of the work hereunder and the results of that work by CONTRACTOR, its agents, representatives, employees or subcontractors.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, CONTRACTOR shall look first to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing insurance to either CONTRACTOR or CITY with respect to the services of CONTRACTOR herein, a waiver of any right to subrogation, which any such insurer of said CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance.
Original signed certificates and separate policy endorsements naming the City of Vacaville as Additional Insured for general liability, and a waiver of subrogation for Workers' Compensation shall be received and approved by CITY before the Commencement Date. However, failure to do so shall not operate as waiver of these insurance requirements.
CONTRACTOR's insurance shall include the following:
Required Coverage Minimum Limits
General Liability
Minimum coverage $5,000,000 per occurrence/$10,000,000
aggregate.
Includes coverage for third party bodily injury, personal injury and property damage. Policy shall be endorsed to name the City of Vacaville as an additional insured per the conditions detailed below.
Employment Practices Liability Minimum coverage $1,000,000 per occurrence/$2,000,000 aggregate.
Including but not limited to claims arising out of discrimination, sexual harassment, and wrongful termination, claimed by an employee, former employee or applicant for employment.
Workers' Compensation and Statutory limits as required by the State of California including Employers' Liability $1,000,000 Employers' Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self-Insure, signed by the California Department of Industrial Relations and Self-Insurance.
City of Vacaville
Agreement for the Provision of Pixed-Route and Paratransit Setvices May2021
page 18
Item 9.k
Required Policy Conditions
Additional Insured Endorsement
Primary and Noncontributory
Endorsement
Waiver of Subrogation
Endorsement
Self -Insured Retentions
A. M. Best Rating
Other Insurance-Related
Obligations
Payment of City Insurance
Premiums
City of Vacaville
Applicable to General Liability.
The City of Vacaville, its officers, officials, employees, agents and volunteers are to be named as additional insured for all liability arising out of, or in any way caused, in whole or in part, actively or passively, by the named insured in the performance of this AGREEMENT. All coverage available to the named insured shall also be available and applicable to the additional insured.
Additional Insured On-Going Operations Coverage shall be at least as broad as ISO Form CG 20 10 04 13.
The Additional Insured coverage under CONTRACTOR's general liability policy shall be primary and noncontributory and will not seek contribution from the CITY's insurance or self-insurance and shall be at least as broad as ISO Form CG 20 01 04 13.
CONTRACTOR's insurer will provide a Waiver of Subrogation endorsement in favor of CITY for Workers Compensation coverage during the life of this AGREEMENT.
Any self-insured retention (SIR) over $25,000 must be disclosed to and approved by CITY's Risk Management and shall not reduce the limits of liability.
Any insurance policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the CITY.
A-:VII or better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide prompt notice to CITY.
Premiums for the CITY insurance as described in Section 24 B shall be divided equally between the parties. CITY shall provide CONTRACTOR with prompt notice of the annual costs of such premiums and shall invoice CONTRACTOR for its share of the costs, which CONTRACTOR shall pay to CITY in a single payment within thirty (30) days of the date of invoice.
Agreement for the Provision of Pixed-Route and Paratransit Services May 2021
page 19
Item 9.k
Payment of General and Auto
Liability Claim Deductibles
Payment of Auto Physical
Damage Claim Deductibles
City of Vacaville
For preventable accidents (meaning CONTRACTOR is partially or fully responsible for an accident, as determine by a police report), CONTRACTOR shall be responsible for payment of 100% of all CITY deductible costs associated with third party claims filed against CITY's general and auto liability insurance.
For non-preventable accidents (meaning a third party is solely responsible for an accident, as determine by a police report), CONTRACTOR shall not be responsible for payment of any
CITY deductible costs associated with third party claims filed against CITY'S general and auto liability insurance. For any accident where a police report is not generated or available, the determination whether an accident is preventable or nonpreventable shall be made by CITY. Deductible for liability insurance claims is $25,000 per occurrence.
CITY shall invoice CONTRACTOR for the amount of reimbursement due on a quarterly basis, which CONTRACTOR shall pay to CITY in a single payment within thirty (30) days of the date of invoice.
If upon receipt of an invoice, CONTRACTOR desires to dispute any amount listed on the invoice, CONTRACTOR shall notify CITY in writing within ten (10) business days of CONTRACTOR's receipt of such invoice explaining the reasons for disputing such amount.
For preventable accidents (meaning CONTRACTOR is partially or fully responsible for an accident, as determined by a police report), CONTRACTOR shall be responsible for payment of 100% of all CITY deductible costs associated with third party claims filed against CITY's auto physical damage insurance. Deductible for auto physical damage claims is $5,000 per occurrence.
For non-preventable accidents (meaning a third party is solely responsible for an accident, as determined by a police report), CONTRACTOR shall not be responsible for payment of any CITY deductible costs associated with third party claims filed against CITY's general and auto liability insurance. For any accident where a police report is not generated or available, the determination whether an accident is preventable or non-preventable shall be made by CITY.
CITY shall invoice CONTRACTOR for the amount of reimbursement due on a quarterly basis, which CONTRACTOR shall pay to CITY in a single payment within thirty (30) days of the date of invoice.
If upon receipt of an invoice, CONTRACTOR desires to dispute any amount listed on the invoice, CONTRACTOR shall notify CITY in writing within ten (10) business days of CONTRACTOR's receipt of such invoice explaining the reasons for disputing such amount.
Agreement for the Provision of Pixed-Route and Paratransit Services May 2021
page 20
Item 9.k
Notice of Claim CONTRACTOR shall provide written notice within five (5) business days to CITY's Public Works Manager and City Attorney's office of any occurrence, accident, loss, incident or event (collectively "occurrence") which might give rise to a third party claim. Such notice shall include date, time, place and circumstance of the occurrence including the names and contact information of any potential claimants and all know witnesses.
Investigation of Claim CONTRACTOR shall not engage in any investigation or settlement of any occurrence unless specifically authorized in writing by CITY's Risk Management. CONTRACTOR shall cooperate with CITY and its CalTIP claims adjusted in the performance of any investigation or settlement.
Limits of Coverage CONTRACTOR agrees that, except as expressly provided herein, the insurance policies procured by CITY as described in Section 24 B do not include or insure CONTRACTOR against any employment liability or criminal acts performed by CONTRACTOR or its officers, officials, employees, agents or volunteers whether on or off duty.
2. Umbrella/Excess Liability Policies
The limits of Insurance required in this AGREEMENT may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall be at least as broad as specified for the underlying coverages and cover those insured in the underlying policies.
3. Claims-Made Policies
If any insurance policy is written on a claims-made form, the following conditions apply: 1) the retroactive date must be shown and must be before the Execution Date, 2) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work, and 3) if coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective Execution Date, CONTRACTOR must purchase an extended period coverage for a minimum of five (5) years after termination of this AGREEMENT.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Setvices May2021
page21
Item 9.k
4. Subcontractors
CONTRACTOR shall include the following language in their agreement with subcontractors:
"Subcontractor agrees to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under the AGREEMENT entered into under CITY's Request for Proposals No. 2021-01. Subcontractor further agrees to include the same requirements and provisions of this AGREEMENT, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub-subcontractor's work. A copy of the AGREEMENT's indemnity and insurance provisions will be furnished to the subcontractor upon request." CONTRACTOR is responsible for verifying subcontractors' insurance policies and endorsements. CONTRACTOR agrees to furnish to CITY upon request, proof of insurance coverage for CONTRACTOR's subcontractors. CONTRACTOR agrees to defend and indemnify CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR's subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this AGREEMENT. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
5. Verification of Coverage
All original signed certificates and separate policy endorsements naming the City of Vacaville as Additional Insured for general liability, and a waiver of subrogation for Workers' Compensation Insurance shall be received and approved by CITY before the Commencement Date. However, failure to do so shall not operate as a waiver of these insurance requirements. CITY reserves the right to obtain full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. Insurance certificates and required endorsements may be emailed or faxed to CITY's Project Manager. However, CONTRACTOR must mail the original certificates and endorsements to CITY's Project Manager once emailed or faxed.
CITY's Project Manager
NAME:
ADDRESS:
EMAIL:
PHONE:
6. Continuous Coverage
Lori DaMassa, Management Analyst II
City of Vacaville
1001 Allison Drive
Vacaville CA 95687
[email protected]
(707) 469-6575
CONTRACTOR shall maintain the required insurance for a period of at least one hundred and eighty (180) days (except as required under Claims-Made Policies) after final payment has been made by CITY to CONTRACTOR pursuant to this AGREEMENT. Should CONTRACTOR cease to have insurance as required during this time, all work by CONTRACTOR pursuant to this AGREEMENT City of Vacaville May 2021
Agreement for the Provision of Fixed-Route and Paratransit Services page 22 Item 9.k
shall cease until insurance acceptable to CITY is provided. Maintenance of proper insurance coverage is a material element of this AGREEMENT. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by CITY as a material breach of this AGREEMENT. In the event that CONTRACTOR fails to comply with CITY's insurance requirements, CITY may take such action as it deems necessary to protect CITY's interests. Such action may include but is not limited to termination of this AGREEMENT, withholding of payments, or other actions as CITY deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by CITY, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to CITY's Project Manager.
7. Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
SECTION 25. CERTIFICATION REGARDING LOBBYING
CONTRACTOR has provided CITY with a certification regarding lobbying as required by 31 U.S.C. 1352 and 49 C.F.R. Part 19, Appendix A .
SECTION 26. DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of CITY that Disadvantaged Business Enterprises (DBEs), as defined in 49 C.F.R. Part 26, shall have the maximum feasible opportunity to participate in the performance of contracts and subcontracts financed under this AGREEMENT. CONTRACTOR is encouraged to use DBEs to the maximum extent feasible in the performance of contracts and subcontracts for the services provided under this AGREEMENT.
SECTION 27. COMPLIANCE WITH LAWS AND PERMITS
A. In General CONTRACTOR shall give all notices and comply with all existing and future federal, state, and local laws, ordinances, rules, regulations, and orders of any public authority relating to the performance of this AGREEMENT, including but not limited to, the laws referred to in this AGREEMENT and in the other Procurement Documents. If these AGREEMENT documents are at variance therewith in any respect, any necessary changes shall be incorporated by appropriate modification. Upon request, CONTRACTOR shall furnish to CITY certificates of compliance with all such laws, orders and regulations.
B. Federal Clauses Certain specific Federal requirements that may be applicable to CONTRACTOR and to the services provided under this AGREEMENT are set forth in the Federal Clauses, Appendix B.
CONTRACTOR shall comply with all such Federal requirements and clauses.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May 2021
page 23
Item 9.k
SECTION 28. NO FEDERAL GOVERNMENT OBLIGATIONS
The Federal Government shall not be subject to any obligations or liabilities of CONTRACTOR or any other person other than CITY in connection with the perfonmance of this AGREEMENT. Notwithstanding any concurrence that may be provided by the Federal Government in or approval of any solicitation or contract, the Federal Government has no obligations or liabilities to any party, including CONTRACTOR.
SECTION 29. DISPUTES
A. In General Any dispute between CONTRACTOR and CITY relating to the implementation or administration of this AGREEMENT shall be subject to resolution in accordance with this Section 29.
B. Decision Process The parties shall first attempt to resolve the dispute informally in meetings or communications between CONTRACTOR and the Fleet and Transit Manager. If the dispute remains unresolved fifteen (15) days after it is brought to CITY's or CONTRACTOR's attention, CONTRACTOR may request that the Director of Public Works hear the dispute and issue a recommended decision on the matter in dispute. The Director of Public Works shall issue the recommended decision in writing and provide a copy to CONTRACTOR.
C. Review Process The recommended decision of the Director of Public Works shall become final unless, within fifteen (15) days of receipt of such recommended decision, CONTRACTOR submits a written request for review to the City Manager. If the dispute remains unresolved after hearing and review by the City Manager, either party may seek resolution of the dispute through written request for review to the City Council. In connection with any such review, CONTRACTOR and the City Manager shall be afforded an opportunity to be heard and to offer evidence on the issues presented.
D. Continuing Duty Pending final resolution of a dispute under this Section 29, CONTRACTOR shall proceed diligently with perfonmance in accordance with this AGREEMENT and the recommended decision of the City Manager.
SECTION 30. ASSIGNMENT
A. CONTRACTOR The CITY has awarded this AGREEMENT in reliance on the particular expertise, skills, experience, and ability of CONTRACTOR. CONTRACTOR may not assign this AGREEMENT (or any portion hereof), nor shall CONTRACTOR transfer its interests, rights, duties, or responsibilities under this AGREEMENT, unless CITY in its sole discretion grants prior written approval thereto. This requirement for approval extends to any merger or consolidation involving CONTRACTOR which would cause its responsibilities under this AGREEMENT to be assumed by or transferred to a new, different, or restructured entity. This provision is separate and apart from the provisions concerning subcontracting set forth in Section 31.
B. CITY The CITY reserves the right to assign its responsibilities under this AGREEMENT to any existing or future governmental entity for the provision of public transportation services. Such assignment shall constitute a complete novation of this AGREEMENT, and receipt by CONTRACTOR from CITY of sums City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
page 24
Item 9.k
then due and payable for services rendered pursuant to this AGREEMENT prior to assignment shall constitute complete accord and satisfaction between CITY and CONTRACTOR.
SECTION 31. SUBCONTRACTING
CONTRACTOR shall not enter into any subcontract for any portion of the work required hereunder without the prior review and written approval of CITY. In any such case in which CONTRACTOR desires to enter into such a subcontract, it shall provide CITY with all proposed subcontracting agreements and documents, including scope of work and terms of compensation. CONTRACTOR shall be fully responsible for all work performed by any subcontractor.
Further, the entering into of a subcontract shall not, under any circumstances, relieve CONTRACTOR of its obligations, responsibilities, and liabilities under this AGREEMENT. All transactions and communications with CITY regarding the performance of this AGREEMENT must be through CONTRACTOR. Any approval of a subcontract shall not be construed as making CITY a party to such subcontract, giving the subcontractor privily of contract with CITY, or subjecting CITY to liability of any kind to any subcontractor.
SECTION 32. INDEPENDENT CONTRACTOR
Under the terms of this AGREEMENT, CONTRACTOR is an independent contractor and has and retains full control and supervision of the services it performs and also has full control over the employment and direct compensation and discharge of all persons, other than CITY representatives, assisting in the performance of its services. CONTRACTOR agrees to be solely responsible for all matters relating to wages, hours of work, and working conditions and payment of employees (including the negotiation of labor agreements, if applicable), and for compliance with social security, all payroll taxes and withholdings, unemployment compensation, and all other requirements relating to such matters. CONTRACTOR agrees to be responsible for its own acts and those of its subordinates, employees, and any and all subcontractors during the term of this AGREEMENT. CONTRACTOR will be required to comply fully with the worker's compensation laws of the State of California regarding its employees, and to indemnify and hold harmless CITY from any failure to comply with such laws. CONTRACTOR shall conduct all work in CONTRACTOR's own name and as an independent CONTRACTOR and not in the name of, or as an agent for, CITY.
Furthermore, it is understood and agreed that CONTRACTOR (including CONTRACTOR's employees), in the performance of the work and services agreed to be performed by CONTRACTOR, shall act as and be an independent contractor and not an agent or employee of CITY; and, as an independent contractor, neither CONTRACTOR nor CONTRACTOR's employees shall have any rights to retirement benefits or other benefits that accrue to CITY's employees and CONTRACTOR hereby expressly waives any claim it or its employees may have to any such benefits or rights.
[REMAINDER LEFT INTENTIONALLY BLANK]
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May 2021
page 25
Item 9.k
SECTION 33. CONFLICTS OF INTEREST
A. Individual Conflicts No City Council Member of CITY nor member of the staff of CITY shall participate in the award or administration of this AGREEMENT if a conflict of interest, real or apparent, would be involved. Such a conflict shall be determined in accordance with the Conflict of Interest Code adopted by the City Council and applicable federal and state laws and regulations.
B. Pecuniary Interests The City Council Members and staff shall neither solicit, demand, nor accept from any person anything of a pecuniary value for or because of any action taken or to be taken in the performance of their duties under this AGREEMENT.
C. Organizational Conflict of Interest. Prior to entering into this AGREEMENT, CONTRACTOR was required to inform CITY of any real or apparent organizational conflict of interest. Such organizational conflicts of interest exists when the nature of the work to be performed under a contract may, without some restriction on future activities, result in an unfair competitive advantage to CONTRACTOR, or may affect CONTRACTOR's objectivity in performing the services provided under this AGREEMENT.
CONTRACTOR shall promptly inform CITY if any such organizational conflict of interest arises during the term of this AGREEMENT.
SECTION 34. DEBARMENT/SUSPENSION STATUS
CONTRACTOR has provided CITY with a certification addressing its debarment and suspension status and that of its principals. During the term of this AGREEMENT, CONTRACTOR shall inform CITY, in writing, of any change in the suspension or debarment status of CONTRACTOR or its principals within ten (10) days after such change occurs.
SECTION 35. FORCE MAJEURE
CONTRACTOR shall not be liable for any delay or failure to perform if acceptable evidence has been submitted to CITY that such delay or failure to perform this AGREEMENT was due to causes beyond the control and without the fault or negligence of CONTRACTOR. Examples of such causes include acts of God or of the public enemy or threats thereof, changes in laws or regulations, civil disturbances, fire, war, or floods, but do not include labor related incidents, such as strikes or work stoppages, or the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this AGREEMENT.
CITY shall not be liable to CONTRACTOR for any failure to perform under this AGREEMENT where such failure is due to causes beyond the control and without the fault or negligence of CITY. Examples of such causes include acts of God or of the public enemy or threats thereof, changes in laws or regulations, civil disturbances, fire, war, floods, labor related incidents (such as strikes or work stoppages), or the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this AGREEMENT. [REMAINDER LEFT INTENTIONALLY BLANK]
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May202I
page 26
Item 9.k
SECTION 36. REPLACEMENT SERVICES
A. General Authority In the event that CONTRACTOR is unable. due to a strike, work stoppage, bankruptcy or other financial distress, or other event not caused by CITY and not covered by Section 35 to provide services in full compliance with the requirements of this AGREEMENT, then CITY may (independent of finding CONTRACTOR in default or material breach of this AGREEMENT) obtain the services of a replacement operator or provide the services with its own resources (collectively referred to as "replacement services"). CITY may utilize such replacement services as a substitute for all or any part of CONTRACTOR's services, and may maintain such replacement services in effect until either:
1. CONTRACTOR is able to resume performance in full compliance with this AGREEMENT; or
2. CITY procures a permanent replacement contractor; prior to implementing permanent replacement services CITY shall notify CONTRACTOR in writing and provide CONTRACTOR three (3) days in which to cure its noncompliance.
B. Liability If CITY utilizes replacement services under this Section 36, CONTRACTOR shall be liable to CITY for the actual amount by which the cost of such services exceeds the amount that would have been payable under this AGREEMENT for comparable services, including but not limited to any expenses (including internal administrative costs) incurred by CITY in soliciting and obtaining those services. During the period in which any replacement services are provided, the only compensation payable to CONTRACTOR shall be for any hours of service CONTRACTOR actually provides.
C. Savings Clause Any action taken by CITY pursuant to this Section 36 in response to CONTRACTOR's failure to perform shall not preclude CITY from subsequently finding CONTRACTOR in default or material breach of this AGREEMENT for the same or any related failure to perform, or any other default or material breach (whether concurrent or in the future).
D. Contingency Staffing Plan If required by CITY, CONTRACTOR shall develop and provide to CITY (through briefings or other appropriate means) a Contingency Plan to assure the continued and uninterrupted operation of services under this AGREEMENT in the event of any strike or work stoppage engaged in by CONTRACTOR's employees. The Contingency Plan shall set forth all steps to be taken by CONTRACTOR to assure compliance with the requirements set forth in this Section 36, including plans for solicitation of replacement workers, hiring and training of workers, use of subcontractors, and reliance upon CONTRACTOR management staff and personnel from other operations.
SECTION 37. LICENSING, PERMITS, AND TAXES
CONTRACTOR shall be appropriately licensed for the services to be performed under this AGREEMENT.
The cost for any required licenses or permits shall be the responsibility of CONTRACTOR, other than the licensing fees for the revenue vehicles paid by CITY. CONTRACTOR is liable for all taxes due as a result of performance of services under this AGREEMENT.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May 2021
page 27
Item 9.k
SECTION 38. AUDIT AND INSPECTION OF RECORDS
CONTRACTOR agrees that CITY, the Comptroller General of the United States, and the Secretary of Transportation, or any of their duly authorized representatives, shall, for the purpose of audit and examination, be permitted to inspect all work, materials, payrolls, and other data and records, and to audit the books, records, and accounts relating to the performance of this AGREEMENT. Further, CONTRACTOR agrees to maintain all required records for at least three (3) years after CITY has made final payment and all other pending matters related to this AGREEMENT or the services provided hereunder are resolved.
SECTION 39. WAIVER OF TERMS AND CONDITIONS
Unless specifically provided otherwise herein, the failure of CITY or CONTRACTOR to enforce one or more of the terms or conditions of this AGREEMENT or to exercise any of its rights or privileges, or the waiver by CITY of any breach of such terms or conditions, shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred.
SECTION 40. CANCELLATION OF CONTRACT
A. In any of the following cases, CITY shall have the right to cancel this AGREEMENT immediately upon notice to CONTRACTOR and without expense to CITY.
1. CONTRACTOR is guilty of misrepresentation; or
2. This AGREEMENT is obtained by fraud, collusion, conspiracy, or other unlawful means; or
3. This AGREEMENT conflicts with any statutory or constitutional provision of the State of California or the United States.
B. This Section 40 shall not be construed to limit CITY's right to terminate this AGREEMENT for convenience, as provided in Section 41, or default or material breach, as provided in Section 43.
SECTION 41. TERMINATION FOR CONVENIENCE
A. General
1. The performance of work under this AGREEMENT may be terminated by CITY in accordance with this Section 41 in whole, or from time to time in part, whenever the City Council determines, upon recommendation of the City Manager, that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to CONTRACTOR of a notice of termination specifying the extent to which performance of work under this AGREEMENT is terminated and the date upon which such termination becomes effective.
2. Under no circumstances shall CONTRACTOR be entitled to anticipatory or unearned profits or consequential damages as a result of a termination or partial termination under this Section 41 or for any other termination by CITY. The payment to CONTRACTOR determined in accordance with this Section 41 shall constitute the exclusive remedy of CONTRACTOR for a termination hereunder.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May 2021
page 28
Item 9.k
B. Actions upon Notice. Upon receipt of a notice of termination, and except as otherwise directed by the City Manager, CONTRACTOR shall:
1. Stop work under this AGREEMENT on the date and to the extent specified in the notice of termination;
2. Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under this AGREEMENT as is not terminated;
3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination;
4. Assign to CITY in the manner, at the times, and to the extent directed by the City Manager, all of the rights, title and interest of CONTRACTOR under the orders and subcontracts so terminated;
5. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of CITY, to the extent the City Manager may require, which approval or ratification shall be final for all the purposes of this Section 41;
6. Transfer title to CITY and deliver in the manner, at the times, and to the extent directed by the City Manager, supplies, equipment, and other material, if any, produced as a part of, or acquired in connection with the performance of the work terminated, and any information and other property which, if this AGREMENT had been completed, would have been required to be furnished to CITY;
7. Complete any such part of the work as shall not have been terminated by the notice of termination; and
8. Take such action as may be necessary, or as the City Manager may direct, for the protection and preservation of the property related to this AGREEMENT which is in the possession of CONTRACTOR and in which CITY has or may acquire an interest.
Payments by CITY to CONTRACTOR shall be made by the date of termination but not thereafter. Except as otherwise provided, settlement of claims by CONTRACTOR under this Section 41 shall be in accordance with the provisions set forth in 48 C.F.R. Part 49, as amended from time to time.
SECTION 42. TERMINATION BY MUTUAL AGREEMENT
This AGREEMENT may be terminated by mutual agreement of the parties. Such termination shall be effective in accordance with a written agreement by the parties. Any other act of termination shall be in accordance with the termination by convenience contained in Section 41 or default or material breach provisions contained in Section 43.
[REMAINDER LEFT INTENTIONALLY BLANK]
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May2021
page 29
Item 9.k
SECTION 43. TERMINATION FOR DEFAULT OR MATERIAL BREACH
A. In General Subject to the provisions of Subsection C of this Section 43, CITY may terminate the whole or any part of this AGREEMENT in any one of the following circumstances:
1. If CONTRACTOR fails to provide the services in the manner required by this AGREEMENT;
2. If CONTRACTOR fails to perform any of the provisions of this AGREEMENT in accordance with its terms (including but not limited to those areas noted to be a material breach for failure to adhere to the requirement (e.g., failure to maintain surety bond as required under Section 3, subpart C, subsection 2 of this AGREEMENT));
3. If CONTRACTOR fails to make progress in the prosecution of the work under this AGREEMENT so as to endanger such performance; or
4. If CONTRACTOR files for bankruptcy, becomes insolvent, or is unable or otherwise fails to pay or otherwise satisfy, in the ordinary course of business, its financial obligations to its suppliers, subcontractors, or employees.
B. Re-procurement. In the event that CITY terminates this AGREEMENT in whole or in part as provided in Subsection A of this Section 43, CITY may procure, upon such terms, and in such manner as the City Manager may deem appropriate, supplies or services similar to those so terminated. CONTRACTOR shall be liable to CITY for costs associated with the termination of this AGREEMENT, the procurement of replacement services by CITY, any excess costs of such similar supplies or services, and any increase in the total contract cost as a result of the re-procurement of services from the date of termination to the expiration of the Execution Date. CONTRACTOR shall continue the performance of this AGREEMENT to the extent not terminated under the provisions of this Section 43. Any disputes arising under this Section 43 that cannot be resolved by CONTRACTOR and CITY are subject to resolution pursuant to Section 29, Disputes, of this AGREEMENT.
C. Notice
1. Default If CITY determines that an event of default under this Section 43 has occurred, it shall immediately notify CONTRACTOR in writing and provide CONTRACTOR with (10) days in which to cure such default. If CONTRACTOR fails to cure within such time period, or to commence and, in CITY's sole determination, diligently pursue a cure in cases of a default which cannot be cured within a ten-day period, CITY may declare CONTRACTOR to be in default and terminate this AGREEMENT in whole or in part.
2. Material Breach If CITY determines that an event of material breach has occurred under this AGREEMENT, it may, but is not obligated to, notify CONTRACTOR in writing and provide CONTRACTOR with (10) days in which to cure such breach. Alternatively, CITY may declare such material breach incurable and terminate this AGREEMENT in whole or in part.
D. Claims Except as otherwise provided, settlement of claims by CONTRACTOR under this Section 43 shall be in accordance to the provisions set forth in 48 C.F.R. Part 49, as amended from time to time.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Se1vices May202l
page 30
Item 9.k
E. Transition to Future Contractor For up to sixty (60) days following the effective date of the expiration or termination of this AGREEMENT for any reason, CONTRACTOR shall provide to either CITY or to any future CONTRACTOR(s) selected by CITY, CONTRACTOR's full cooperation in the transition to the successor CONTRACTOR(s). This shall include, as a minimum, consultation regarding labor and management issues (including a delineation of wage and benefits by employee category), access to nonconfidential personnel and maintenance files. CONTRACTOR's telephone equipment shall be made available to the successor contractor(s) pending installation of the new contractor's(s') equipment.
CONTRACTOR shall release the telephone number(s) used for public information inquiries and any sequential roll-over numbers to the new contractor(s). CONTRACTOR shall provide its best professional effort to assure a smooth transition from CONTRACTOR's services to new contractor's(s') services, and shall cooperate fully with CITY and the new contractor(s) to this end.
SECTION 44. AVAILABILITY OF FUNDS
The obligations of CITY under this AGREEMENT are subject to the availability of public funds and vehicles in its current and subsequent year budgets adequate to carry out the provisions of this AGREEMENT in full.
SECTION 45. SEVERABILITY
In the event any provision of this AGREEMENT is declared or determined to be unlawful, invalid, or unconstitutional, such declaration shall not affect in any manner, the legality of the remaining provisions of this AGREEMENT, and each provision of this AGREEMENT will be and is deemed to be separate and severable from each other provision.
SECTION 46. INTERPRETATION, JURISDICTION AND VENUE
Each party has reviewed this AGREEMENT and any question of doubtful interpretation shall not be resolved by any rule or interpretation providing for interpretation against the drafting party. This AGREEMENT shall be construed as if both parties drafted it. The captions and headings contained herein are for convenience only and shall not affect the meaning or interpretation of this AGREEMENT. This AGREEMENT shall be subject to, governed by, and construed and interpreted solely according to the laws of the State of California. CONTRACTOR hereby consents and agrees that venue shall be exclusively vested in the state courts of the County of Solano or, where otherwise appropriate, exclusively in the United States District Court, Eastern District of California, Sacramento, California, for adjudication of any suit or cause of action arising under or in connection with this AGREEMENT or the Procurement Documents, or the performance of any of the foregoing.
[REMAINDER LEFT INTENTIONALLY BLANK]
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May 2021
page 31
Item 9.k
SECTION 47. CLAIMS AGAINST CITY
In the event any claim or cause of action is brought against CITY by CONTRACTOR, its officers, employees, subconsultants, subcontractors, or agents in connection with the performance or nonperformance or arising out of or in any way connected to this AGREEMENT or the duties and obligations contemplated herein, CONTRACTOR, its officers, employees, subconsultants, subcontractors, or agents must comply with Vacaville Municipal Code (VMC) Chapter 1.10, as may be amended from time to time. Any claims arising out of or in any way connected to this AGREEMENT, the performance or non-performance hereof, or the duties and obligations contemplated herein must be presented in writing to CITY no later than six (6) months after the accrual of the cause of action and such claims shall be governed by the provisions of VMC Chapter 1.10, as may be amended from time to time. No lawsuit, complaint, or cause of action arising out of or in any way connected with the AGREEMENT, the performance or non-performance hereof, or the duties and obligations contemplated herein may be brought against CITY, or any officer, employee, board, commission, or authority of CITY, until a written claim has been presented to the CITY Council (by and through the CITY Clerk) and has been acted upon or has been deemed to have been rejected by CITY.
SECTION 48. NOTICES AND OFFICIAL RECEIPT
Any notice or communication relating to this AGREEMENT or required hereunder between the parties shall be in writing, and may be given either personally or by registered or certified mail (return receipt requested). If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of: (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States Mail. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed.
Such notices or communications shall be given to the parties at their respective addresses set forth below:
For CITY:
For CONTRACTOR:
Director of Public Works
c/o City of Vacaville
650 Merchant Street
Vacaville, CA 95688
First Transit, Inc.
600 Vine Street, Ste. 1400
Cincinnati, OH 45202
SECTION 49. SIGNATOR'S WARRANTY
Each party warrants to each other party that he or she is fully authorized and competent to enter into this AGREEMENT in the capacity indicated by his or her signature and agrees to be bound by this AGREEMENT.
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratransit Services May202I
page 32
Item 9.k
SECTION 50. COUNTERPART AND ELECTRONIC SIGNATURE
As permitted under the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000, and the Uniform Electronic Transactions Act (UETA), the parties hereby agree to conduct this transaction by electronic means. This AGREEMENT may be executed through an electronic signature and may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that the electronic signatures appearing on this AGREEMENT are intended by each party using it to have the same force and effect as the use of a manual signature for the purposes of validity, enforceability, and admissibility.
SECTION 51. PRIOR AGREEMENTS AND AMENDMENTS
This AGREEMENT, including all attachments attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may only be modified by a written amendment duly executed by the parties to this AGREEMENT.
IN WITNESS W HEREOF, this AGREEMENT has been executed by CITY and CONTRACTOR through their duly authorized representatives as of the 25th day of May , 2021.
VILLE, a municipal corporation
Aaron Busch, City Manager
ATTEST:
Approved as to Form:
Melinda C. H. Stewart
David Nam
Deputy City Attorney II
City of Vacaville
Agreement for the Provision of Fixed-Route and Paratrnnsil Services May 2021
page 33
Item 9.k
THIRD AMENDMENT TO AGREEMENT FOR THE PROVISION OF FIXED-ROUTE,
DEMAND RESPONSE, AND PARATRANSIT SERVICES BETWEEN CITY OF VACAVILLE AND FIRST TRANSIT, INC.
This Third Amendment (“THIRD AMENDMENT”) is made and entered into on the date last written below, for the purposes of amending the agreement known as the Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Services Between the City of Vacaville and First Transit, Inc. (“AGREEMENT”).
1. On May 25, 2021, the City of Vacaville and First Transit, Inc. executed the AGREEMENT where First Transit operates fixed-route, demand response, and paratransit services for the City of Vacaville, City Coach Transit Services.
2. The City of Vacaville and First Transit, Inc. (“Parties”) agree to exercise and extend the remaining three option years under the AGREEMENT, extending the term to July 31, 2029. Contractor’s proposal dated March 24, 2026 (“Proposal”) is incorporated for the fixed monthly fee and per hour rates stated therein and is based on an a maximum forty thousand (40,000) annual Revenue Hours per year.
City shall pay Contractor for actual services performed at those rates, provided that City’s total payments shall not exceed the Not-to-Exceed Annual Compensation amounts set forth below for each Option Year, nor the Not-to-Exceed Total Compensation amount set forth below for all three Option Years combined, which are based on a maximum forty thousand (40,000) annual Revenue Hours per year. Any increase above these not to exceed amounts shall require a further written amendment approved in accordance with Section 26 of the AGREEMENT:
Docusign Envelope ID: 07D619F5-2E5F-8DA1-8051-8CA31024BDA1 Item 9.k
Year 1 August 1, 2026 - July 31, 2027 Revenue Hour Rate : $57.78 Fixed Cost: $1,038,970.28
Variable Cost: $2,311,200.00
Not-to-Exceed Amount Total:$3,350,170.28
Year 2 August 1, 2027 - July 31, 2028 Revenue Hour Rate : $60.20 Fixed Cost: $1,076,697.73
Variable Cost: $2,408,000.00
Not-to-Exceed Amount Total:$3,484,697.73
Year 3 August 1, 2028 - July 31, 2029 Revenue Hour Rate : $63.19 Fixed Cost: $1,118,219.53
Variable Cost: $2,527,600.00
Not-to-Exceed Amount Total:$3,645,819.53
3. SECTION 26 of the AGREEMENT provides that the AGREEMENT may only be modified by a written amendment duly executed by the parties. This THIRD AMENDMENT serves as the written amendment to the AGREEMENT as required by Section 26 of the AGREEMENT.
4. As permitted under the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000, and the Uniform Electronic Transactions Act (UETA), the parties hereby agree to conduct this transaction by electronic means. This THIRD AMENDMENT may be executed through an electronic signature and may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that the electronic signatures appearing on this THIRD AMENDMENT are intended by each party using it to have the same force and effect as the use of a manual signature for the purposes of validity, enforceability, and admissibility.
Docusign Envelope ID: 07D619F5-2E5F-8DA1-8051-8CA31024BDA1 Item 9.k
5. This THIRD AMENDMENT binds and benefits both parties and any successors or assigns. This THIRD AMENDMENT, and the AGREEMENT, is the entire agreement between the Parties. All other terms and conditions of the AGREEMENT not expressly modified by this THIRD AMENDMENT remain unchanged and shall remain in full force and effect. (SIGNATURE PAGE FOLLOWS)
Docusign Envelope ID: 07D619F5-2E5F-8DA1-8051-8CA31024BDA1 Item 9.k
EXECUTED on the date last written below.
APPROVED:
City of Vacaville, a municipal corporation
______________________________
Brian Oxley, Director of Public Works
Date: _________________________
APPROVED AS TO FORM:
Andria Borba, City Attorney
By:
______________________________________
Nancy Ashjian, Assistant City Attorney
CONTRACTOR:
First Transit, Inc., a Delaware corporation
____________________________________
Carmen Alba, Senior Vice President
Date: _______________________________
CONTRACTOR:
First Transit, Inc., a Delaware corporation
___________________________________
Maureen Jacobson, Vice President of Finance
Date: _______________________________
Docusign Envelope ID: 07D619F5-2E5F-8DA1-8051-8CA31024BDA1 7/2/2026
7/2/2026
Item 9.k
Levine Act Disclosure Statement -1-
Rev. 11.25
**COMPLETE & RETURN THIS PAGE**
CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
The Levine Act (Government Code Section 84308) requires you to disclose any political contributions of more than $500 that you or your company made to City officers in the past 12 months, or plan to make in the 12 months following the final decision on this proceeding.
A contribution includes money, goods, services, loans, tickets to fundraisers, or payments for advertising. If any agents (attorneys, consultants, lobbyists, or similar professionals) represent you before the City, they are completely prohibited from making any contributions of any amount during the time your proceeding is pending and for 12 months after the final decision.
City officers include Council Members, Commissioners, alternates to elected or appointed officers, the City Manager, and candidates for City office. City attorneys who provide only legal advice and do not have authority to make final decisions are excluded from this definition. You are responsible for knowing who the current officers are before completing this form. A list is available at www.CityofVacaville.gov.
If you answer YES to either question on this form, the identified City officer must recuse themselves from any decisions, votes, discussions, or actions related to your matter.
However, answering YES does not prevent the City from approving your application, awarding your contract, or granting your entitlement. It only prevents that specific officer from participating.
You may also be a "participant" if you are not the applicant but you have a financial interest in this proceeding's outcome and actively support or oppose it. Participants have the same contribution restrictions as applicants.
If you make any new reportable contributions after submitting this form, you must provide a supplemental disclosure to the City.
For questions about whether a contribution must be reported, definitions of key terms, or complete details about the Levine Act, see the FAQ at
https://www.cityofvacaville.gov/government/city-clerk/levine-act.
DISCLOSURE QUESTIONS
1. Have you or your company made any political contributions of more than $500 to any City officer in the 12 months preceding today's date?
OR
Has any agent on behalf of you or your company made any political contribution of ANY AMOUNT to any City officer in the 12 months preceding today's date? (This includes contributions made by any entity majority-owned by you/your company, or any entity whose contributions you direct or control.)
Item 9.k
Levine Act Disclosure Statement -2-
Rev. 11.25
☐ YES ☐ NO
If YES, please identify the person(s) or agent(s) making the contribution:
______________________________________________________________________________ If YES, please identify the City officer receiving the contribution:
______________________________________________________________________________
2. Do you or your company intend to make any political contributions to any City officer in the 12 months following the final decision on this proceeding? OR
Does any agent on behalf of you or your company intend to make any political contributions of ANY AMOUNT to any City officer in the 12 months following the final decision on this proceeding?
☐ YES ☐ NO
If YES, please identify the person(s) or agent(s) making the contribution:
______________________________________________________________________________ If YES, please identify the City officer receiving the contribution:
______________________________________________________________________________ Answering YES to either of the questions above does not preclude the City of Vacaville from awarding a contract to your firm, approving a land use entitlement (including but not limited to permits, variances, conditional use permits, or other discretionary approvals), or taking any subsequent action related to such contract or entitlement. It does, however, preclude the identified City officer from participating in any decision-making, discussion, vote, or action related to such contract or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature: Date Signed:
Print Name:
Title:
Company:
07/07/26
Carmen Alba
Senior Vice President
First Transit, Inc.
Item 9.k
CITY OF VACAVILLE
CITY COUNCIL
STAFF REPORT
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Ken Matsumiya, Director of Finance
(Crystal M. Fair Welty, Management Analyst II (707) 449-5121) Subject: Resolution of the City Council of the City of Vacaville Fixing the Amount to be Raised and Establishing an Ad Valorem
Property Tax Rate for the Paramedic/Firefighter and/or
Emergency Ambulance Services Program and North Bay
Aqueduct Program for Fiscal Year 2026-27
Actions for Consideration:
Adoption of the subject resolution to set the voter approved ad valorem tax rates for Fiscal Year 2026-27 for Paramedic/Firefighter and/or Emergency Ambulance Services and collection of the amount necessary to meet the City’s obligation for financing the North Bay Aqueduct (NBA) program.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
Each year, the City of Vacaville must establish the amount of money to be raised by an ad valorem property tax for City-provided paramedic/firefighter and/or emergency ambulance services and to pay the City’s share of the North Bay Aqueduct financing cost, along with the corresponding property tax rate to raise such amount for the North Bay Aqueduct financing. The ad valorem property tax is not a new tax. However, the item still requires Council approval annually to have the ad valorem tax levied on the county’s property tax roll for the upcoming fiscal year.
Discussion:
The Paramedic/Firefighter and/or Emergency Ambulance Services rate is $0.03 per $100.00 of assessed value, which is expected to generate approximately $8.1 million. The tax rate was established in 1976 by voter approval originally at a maximum rate of $0.12 per $100.00 of assessed value to help fund the cost of these services. At the time, state law required property to be assessed at 25% of value. The passing of Proposition 13 by California voters in 1978 changed Item 9.l
the assessment methodology so that property was assessed at full cash value based on purchase price. Due to this change in the assessment methodology, the Paramedic/Firefighter and/or Emergency Ambulance Services rate was lowered from $0.12 per $100.00 of assessed value to $0.03 per $100.00 of assessed value so that the proceeds would be equal both pre – and post – Proposition 13.
The City’s share of the North Bay Aqueduct financing program is $80,920. In order to generate this amount, the North Bay Aqueduct rate will be set at $.00027 per $100.00 of assessed value.
Construction of the North Bay Aqueduct was part of the California State Water Project that began in 1960.
The amounts and rates are based on assessed valuations for fiscal year 2026-2027 as of May 30, 2026, as provided by the Solano County Assessor’s Office and on an estimate for the State Unitary amount based on FY2025-26 actuals.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).
Fiscal Impact:
As noted above, this action will generate approximately $8.1 million in General Fund revenue and approximately $80,000 for payment toward the North Bay Aqueduct financing program.
Amount Requested: There are no funds requested for this item.
Funding Source: Not applicable
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.
Alternatives:
Council may decline to adopt the resolution. This action is not recommended since it would contradict the voter approved measures passed for the purpose of funding necessary EMS services and obligations entered into by the City with neighboring entities. This funding would then need to be covered by the General Fund to ensure services are uninterrupted and payments are made in accordance with the City’s contract for the NBA program.
Strategic Plan Goal/Initiative:
Goal # 4 - Public Safety and Infrastructure
Goal # 5 - Fiscal Health
Levine Act:
No
Item 9.l
Attachments:
Resolution – Action Item
Attachment 1: Resolution 1976-L-3 Paramedic Tax
Attachment 2: Vicinity Map of North Bay Aqueduct
Item 9.l
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville Fixing the Amount to be Raised and Establishing an Ad Valorem Property Tax Rate for the Paramedic/Firefighter and/or Emergency Ambulance Services Program and North Bay Aqueduct Program for Fiscal Year 2026-27
Whereas, each year the City of Vacaville (City) must establish the amount of money to be raised by an ad valorem property tax for City-provided paramedic/firefighter and/or emergency ambulance services and to pay the City’s share of the North Bay Aqueduct financing cost, along with the corresponding property tax rate to raise such amount for the North Bay Aqueduct financing; and
Whereas, The ad valorem property tax is not a new tax. However, the item still requires Council approval annually to have the ad valorem tax levied on the county’s property tax roll for the upcoming fiscal year.
Whereas, the tax rate was established in 1976 by voter approval to help fund the cost of these services; and
Whereas, the amounts and rates are based on assessed valuations for fiscal year 2026- 27 provided by the Solano County Assessor’s Office and on the State Unitary tax amount received in fiscal year 2025-26.
Now, therefore, be it resolved by the City Council of the City of Vacaville that the City Council does hereby set the amount of money necessary to be raised by taxation upon taxable property within the City of Vacaville as a revenue to carry on the Paramedic/Firefighter and/or Emergency Ambulance Services and the North Bay Aqueduct programs for fiscal year 2025-26, not exceeding the limit fixed by law, as follows:
Paramedic/Firefighter and/or Emergency Ambulance Program $ 8,125,526 North Bay Aqueduct Program $ 79,949
Total: $ 8,205,475
Be it further resolved by the City Council of the City of Vacaville that in accordance with Resolution No. 1976-L-3 of the City of Vacaville, there is hereby fixed and levied a tax rate to carry on the Paramedic/Firefighter and/or Emergency Ambulance Services and North Bay Aqueduct programs for fiscal year 2026-27 on all property, both real and personal, in the City of Vacaville, Solano County, State of California, except such property as is by law exempt from taxation, as follows:
Paramedic/Firefighter and/or $.03 on each $100.00 of Assessed Value Emergency Ambulance Service
North Bay Aqueduct/Napa Make Whole $.00027 on each $100.00 of Assessed Value Item 9.l
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 28th day of July 2026 by the following vote
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.l
Item 9.l
Barker Slough Pumping Station
North Bay Regional Water Plant North Bay Aqueduct
(To Cordelia Forebay)
City of Vacaville
North Bay Aqueduct Map
7/18/2023, 3:42:48 PM
0 0.5 1 2 mi
0 1 2 4 km
1:72,224
Miguel Medina
This data is maintained by Geographic Technologies Group under the guidance of Solano County. All parcels are based on the Solano County Tax Maps. If there are discrepancies, Tax Map is considered authority. However, Tax Map is not a legal document. | Esri., Inc. | Attachment 2Item 9.l
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: July 28, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Brian Oxley, Director of Public Works
(Dan Sutton, Engineering Manager, (707) 449-5035)
Subject: Resolution of the City Council of the City of Vacaville to Authorize the City Manager or Their Designee to Execute a Purchase Agreement and Grant Deed with the County of
Solano for the Vaca Valley Parkway Corridor Multimodal
Improvements Project
Actions for Consideration:
Authorize the City Manager or their designee to execute the Purchase Agreement and Grant Deed between the City of Vacaville and the County of Solano for the Vaca Valley Parkway Corridor Multimodal Improvements Project (Project).
Recommendations:
By simple motion, adopt the subject resolution.
Background:
The Vaca Valley Parkway Corridor Multimodal Improvements Project will change the signalcontrolled intersections at the I-505 and Vaca Valley Parkway interchange to roundabout controlled intersections improving traffic flow and safety. The Project will also include the construction of a new bicycle and pedestrian overcrossing over I-505 which will close a bicycle and pedestrian gap on the corridor.
A portion of Project improvements is located on APN 0133-070-110, a 0.17-acre parcel located at the corner of Vaca Valley Parkway and Crocker Drive, which is owned by Solano County (Attachment 1 – Vicinity Map). Acquisition of this parcel is necessary to install the proposed Project improvements.
The City’s consultant, AR/WS of Walnut Creek, has conducted an appraisal of the property and prepared and presented an acquisition offer to Solano County in the amount of $87,300 for a fee simple acquisition, or the purchase of absolute, unconditional ownership of real estate, for County review and approval. This acquisition package contains a Grant Deed (Attachment 2 – Draft Grant Deed) and a Purchase Agreement (Attachment 3 – Draft Purchase Agreement).
Item 9.m
Discussion:
Currently, City staff are working with Caltrans to finalize the right-of-way phase of the Caltrans permitting process. To complete this phase of the permitting process, the City must demonstrate to Caltrans that all proposed improvements located outside of Caltrans right-of-way will be constructed within City right-of-way.
While Solano County reviews the acquisition package, City staff is requesting City Manager signing authority to execute the Purchase Agreement and Grant Deed between the City of Vacaville and the County of Solano following County review and approval.
Providing signing authority at this time will allow the City to promptly execute the acquisition documents following County approval and help ensure critical project funding deadlines are met.
Based on the need to acquire the property for the Project, satisfy Caltrans' right-of-way requirements, and maintain the Project schedule, staff recommends that the City Council adopt the resolution authorizing the City Manager or their designee to execute the Purchase Agreement and Grant Deed following County review and approval.
Environmental Impact:
The project obtained NEPA clearance on March 12, 2026, with a Mitigated Negative Declaration (MND). A Notice of Determination (NOD) was filed with Solano County on March 18, 2026, for CEQA clearance and the City posted the NOD on CEQA Submit with the Governor’s Office of Land Use and Climate innovation.
Fiscal Impact:
The City is proposing a fee simple acquisition of APN 0133-070-110 in the amount of $87,300, or the final negotiated price with the County of Solano.
Amount Requested: There are no funds requested for this item.
Funding Source: Traffic Development Impact Fees (4105).
Budget Distribution: The budget for this property acquisition is included in the Capital Improvement Program Budget for Project #820279 - Vaca Valley Pkwy/I-505 Interchange.
Alternatives:
City Council could choose not to purchase the property, however that action is not recommended as the City would be unable obtain the necessary right-of-way required to construct the Project improvements.
Strategic Plan Goal/Initiative:
Goal 3: Protect Vacaville’s Quality of Life
Goal 4: Maintain Effective and Efficient Services
Item 9.m
Levine Act:
No
Attachments:
Resolution – Action Item
Attachment 1: Vicinity Map
Attachment 2: Draft Grant Deed
Attachment 3: Draft Purchase Agreement
Item 9.m
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville to Authorize the City Manager or Their Designee to Execute the Purchase Agreement and Grant Deed between the City of Vacaville and the County of Solano for the Vaca Valley Parkway Corridor Multimodal Improvements Project
Whereas, the City of Vacaville is in the right-of-way phase of permitting with Caltrans; and Whereas, all proposed improvements need to be located within City or Caltrans right-ofway; and Whereas, the City of Vacaville needs to acquire a parcel from the County of Solano to construct improvements; and
Whereas, the City's consultant, AR/WS of Walnut Creek, has conducted an appraisal of Assessor's Parcel Number 0133-070-110 and prepared an acquisition offer to the County of Solano in the amount of $87,300 for a fee simple acquisition, meaning the purchase of absolute, unconditional ownership of the real estate; and
Whereas, this offer has been presented to the County of Solano for its review and approval; and
Whereas, once the County of Solano approves the acquisition offer, the City will need to execute the Purchase Agreement and Grant Deed between the City of Vacaville and the County of Solano; and
Whereas, the execution of the Purchase Agreement and Grant Deed between the City of Vacaville and County of Solano will fulfill requirements from Caltrans to complete the right-ofway phase of permitting for construction and provide all necessary rights-of-way to construct project improvements.
Now, therefore, be it resolved by the City Council of the City of Vacaville that the City Council does hereby resolve and order as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council authorizes the City Manager or their designee to execute the Purchase Agreement and Grant Deed between the City of Vacaville and the County of Solano for the acquisition of Assessor’s Parcel Number 0133-070-110, in the amount not to exceed $87,300, or such other amount consistent with the appraised value, for the Vaca Valley Parkway Corridor Multimodal Improvements Project, following County review and approval and subject to approval as to form by the City Attorney.
Section 3. This resolution shall take effect immediately upon its passage.
Item 9.m
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 28th day of July 2026 by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.m
Item 9.m
DEPARTMENT OF
PUBLIC WORKS
VACA VALLEY PROPERTY PURCHASE AUTHORIZA
ATTACHMENT 1 (1 OF 2)
PROJECT VICINITY MAP
PROJECT
LOCATION
80 505
Item 9.m
DEPARTMENT OF PUBLIC WORKS
VACA VALLEY PROPERTY PURCHASE AUTHORIZA
ATTACHMENT 1 (2 OF 2)
PROJECT VICINITY MAP
Item 9.m
RECORDING INFORMATION:
Recorded at request of:
City of Vacaville
WHEN RECORDED RETURN TO:
City of Vacaville
Attn: City Clerk
650 Merchant Street
Vacaville, CA 95688
(SPACE ABOVE FOR RECORDER’S USE)
This document is exempt from the payment of a recording fee pursuant to Government Code § 27383 and §6103, and exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922 (Governmental Agency Acquiring Title)
Address: NWC of Vaca Valley Pkwy
and Crocker Drive, Vacaville, CA 95688
APN: 0133-070-110
GRANT DEED
The undersigned, COUNTY OF SOLANO, as GRANTOR, being the present title owner of record of the herein described parcel of land, for Valuable Consideration, receipt so hereby acknowledged do hereby GRANT to the CITY OF VACAVILLE, A MUNICIPAL CORPORATION, and its successors or assigns, the real property situated in the City of Vacaville, County of Solano, State of California, a written description as follows:
See attached EXHIBITS A and B ATTACHED HERETO AND MADE A PART HEREOF IN WITNESS WHEREOF, the Grantor has executed this instrument:
GRANTOR:
COUNTY OF SOLANO
By: ___ Date:______________
Name: ___
Title: ___
Signatures of Signers Above Must be Notarized
Please Attach Notarization Acknowledgment Form(s)
Item 9.m
CERTIFICATE OF ACCEPTANCE and RECORDATION CONSENT
This is to certify that the interest in real property conveyed by this Grant Deed dated this ____ day of ________________, 2026 from County of Solano to the City of Vacaville, a Municipal Corporation, is hereby accepted by the undersigned officer on behalf of the City of Vacaville, pursuant to authority conferred by Resolution No. XXXX of the City Council of the City of Vacaville, adopted on DATE, and the grantee consents to recordation thereof by its duly authorized officer.
Michelle Thornbrugh, City Clerk Date
City of Vacaville, County of Solano
State of California
Mail future tax statements to the City of Vacaville, 650 Merchant Street, Vacaville, CA 95688
Item 9.m
NOTARY ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which the certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ______________________} ss.
On __________________ before me, ____________________________________, Notary Public, personally appeared _____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(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 – Notary Public
Item 9.m
EXHIBITS A & B
TO BE ATTACHED
Item 9.m
GRANTOR: COUNTY OF SOLANO APN: 0133-070-110
PROJECT NAME: CITY OF VACAVILLE’S I-505/VACA VALLEY
PARKWAY MULTIMODAL IMPROVEMENTS PROJECT