Agenda packet — Vallejo City Council, March 28, 2023 (part 2 of 8)

The VTM subdivides the original 51.3-acre parcel into four parcels:
• Parcel 1 – Proposed commercial use on 17.3 acres.
• Parcel 2 – Proposed commercial use on 4.5 acres.
• Parcel 3 – Proposed open space on 5.7 acres.
• Parcel 4 – Proposed residential on 23.8 acres.

Phasing of a Subdivision Development
Government Code Section 66456.1 allows a developer to phase its subdivision development after the filing of the tentative map if both the developer and the local agency (City of Vallejo) concur on the filing of multiple final maps, i.e., phasing of the development.

The Developer plans on phasing its development in order to sell Parcel 1 because the future owner of Parcel 1 has submitted building, grading and site development permit applications with plans to construct upon the issuance of the permits. Accordingly, the Developer must create a saleable parcel to sell said parcel so that the future Parcel 1 owner can receive the necessary permits to construct their project.

Staff concurs with the Developer’s phasing plan because Parcel 1 will be ready for development in spring/summer 2023, whereas Parcels 2, 3 and 4 are not yet ready.

The Developer has submitted a Final Map subdividing the original 51.3-acre parcel into two parcels and one remainder parcel:
• Parcel 1 – 17.16 acres (substantially the same as VTM Parcel 1) • Parcel 2 – 4.44 acres (substantially the same as VTM Parcel 2) • Designated Remainder Parcel – 29.56 acres (substantially the same as VTM Parcels 3 and 4) Subdivision Improvement Agreement
The Developer has complied with Vallejo Municipal Code Chapter 15.12.080 - Improvement agreements, which provides that prior to City Council approval of the Final Map, the Developer shall execute a subdivision improvement agreement (SIA) that ensures the completion of the subdivision improvements necessary to serve the subdivision. Additionally, the SIA reiterates the obligations and conditions of approval for the Fairview at Northgate Development will remain in effect. The Developer has paid fees and submitted subdivision improvement bonds, provided for in the SIA, as related to the filing of the Final Map.

Approval of the Final Map
Staff has determined the Final Map for Fairview at Northgate – Phase 1 complies with VMC 15.12.120 - Approval process for final maps:
• The Final Map is in substantial compliance with the approved vesting tentative map. • All required certificates or statements on the Final Map have been signed and, where necessary, acknowledged.
• The Final Map conforms to all requirements of the Subdivision Map Act.

Date: March 28, 2023
Subject: ADOPT A RESOLUTION APPROVING THE FINAL MAP FOR FAIRVIEW AT NORTHGATE – PHASE 1 AND FINDING THE ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(b)(1) AND CEQA GUIDELINES SECTION 15268(b)(3)

Page 3 ends

With all the above conditions being met, staff recommends adoption of a resolution approving the Final Map of Fairview at Northgate – Phase 1 (attached Exhibit C).

FISCAL IMPACT
There is no impact to the General Fund with the approval of this item. Costs for all work associated with the development are funded through fees collected for that purpose.

ENVIRONMENTAL REVIEW
CEQA applies in situations where a governmental agency uses its judgment in deciding whether and how to carry out or approve a project. A project subject to such judgmental controls is called a discretionary project.

Where the law requires a governmental agency to act on a project in a set way without allowing the agency to use its own judgment, the project is called “ministerial,” and CEQA does not apply. This action is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15628(b)(3) where approval of the final map is ministerial.

ATTACHMENTS

1. ATTACHMENT A - LOCATION MAP

2. ATTACHMENT B - VESTING TENTATIVE MAP

3. ATTACHMENT C - RESO APPROVE FAIRVIEW FINAL MAP 2.28.23_CAO Stamp

4. ATTACHMENT D - FINAL MAP OF FAIRVIEW AT NORTHGATE - PHASE 1

5. SIA Fairview at Northgate - Phase 1_Final CAO Stamp (scanned)

6. SIA Fairview at Northgate - Phase 1_Final CAO Stamp (signature page)

CONTACT
Melissa Tigbao, PE, Public Works Director, (707) 648-4433 [email protected]

FAIRVIEW AT NORTHGATE

TURNER PARKWAY

LOCATION MAP

FAIRVIEW AT NORTHGATE DEVELOPMENT
R=20'
R=20'

FACE OF CURB

GENERAL NOTES

1. OWNER :

MELVIN D. COOKE TRUST

2. APPLICANTS:

VALLEJO-FAIRVIEW DEVELOPERS, LLC

3. PLANNING / ENGINEER / SURVEYOR:

MACKAY & SOMPS CIVIL ENGINEERS
5142 FRANKLIN DRIVE SUITE B
PLEASANTON, CA 94588
CONTACT: JIM TEMPLETON / ABEL GOMEZ
PHONE: (925) 225-0690

4. GEOTECHNICAL ENGINEER:

ENGEO INCORPORATED
2010 CROW CANYON PL #250
SAN RAMON, CA 94583
PHONE: (925) 866-9000

5. BASIS OF ELEVATIONS - BENCHMARK:

NGS POINT JT9530, STAINLESS STEEL ROD STAMPED "H 1394 1987", ELEVATION = 96.67', (NAVD88), LOCATED0.80 MILES SOUTHWESTERLY ALONG INTERSTATE HIGHWAY 80 FROM THE JUNCTION OF STATE HIGHWAY 37 IN VALLEJO, APPROXIMATELY 71.2 FEET SOUTHWEST OF A FENCE CORNER, AND APPROXIMATELY 54.1 FEET NORTHWEST OF THE CORNER OF THE MOST WESTERLY WESTBOUND LANES OF INTERSTATE HIGHWAY 80.

6. BASIS OF BEARINGS:

THE BASIS OF BEARING FOR THIS MAP IS N 33°22'27" W BETWEEN FOUND MONUMENTS 9625 LOCATED AT THE INTERSECTION OF CRONIN AND HODGE STREETS AND 9636 LOCATED OFF PLAZA DRIVE IN A PARKING LOT BETWEEN 105 & 161 PLAZA DRIVE PER RECORD OF SURVEY FILED AT BOOK 22, PAGES 23-25, SOLANO COUNTY RECORDS.

7. ASSESSOR'S PARCEL NUMBER: 0081-490-010

8. PROPERTY ACREAGE: 51.3 ACRES

9. STORM/SEWER SYSTEM: TO BE INSTALLED IN CONFORMANCE WITH VALLEJO SANITATION AND FLOOD CONTROL DISTRICT STANDARDS.

10. WATER: TO BE INSTALLED IN CONFORMANCE WITH CITY OF VALLEJO STANDARDS.

11. GAS & ELECTRICITY: TO BE INSTALLED IN CONFORMANCE WITH STANDARDS OF PACIFIC GAS AND ELECTRIC CO.

12. TELEPHONE: TO BE INSTALLED IN CONFORMANCE WITH STANDARDS OF AT&T.

13. STREET IMPROVEMENTS: PER CITY OF VALLEJO STANDARDS.

14. EXISTING ZONING: PEDESTRIAN SHOPPING & SERVICE DISTRICT.

15. PROPOSED LAND USE: MIXED USE PLANNED DEVELOPMENT (MUPD)

16. THE CONTOUR INTERVAL IS AS SHOWN (1' MIN.).

17. PER FIRM #06095C0440F; THERE IS PARTIAL INUNDATION IN THE SOUTHWEST CORNER NEAR ADMIRAL CALLAGHAN LANE.

18. THE APPLICANT RESERVES THE OPTION TO PHASE THE MAPPING AND CONSTRUCTION OF THIS PROJECT IN

VARIOUS COMBINATIONS OF FINAL MAPS/TRACT DEVELOPER AGREEMENTS AND/OR IMPROVEMENT AGREEMENTS, ALL AS APPROVED BY THE DIRECTOR OF PUBLIC WORKS.

19. UNLESS OTHERWISE SPECIFICALLY STATED IN THE CONDITIONS OF APPROVAL, LOCAL AGENCY APPROVAL

OF THIS MAP SHALL CONSTITUTE AN EXPRESS FINDING THAT THE PROPOSED DIVISION AND DEVELOPMENT

OF THE SUBJECT PROPERTY WILL NOT UNREASONABLY INTERFERE WITH THE FEE AND COMPLETE EXERCISE OF RIGHTS DESCRIBED IN GOVERNMENT CODE SECTION 66436 (A)(3)(A)(1).

20.UTILITY SIZES AND LOCATION, STREET GRADES AND LOT DIMENSIONS ARE PRELIMINARY AND SUBJECT TO FINAL ENGINEERING DESIGN AND HOUSE PLOTTING.

21.DEVELOPER MAY RECORD ONE OR MORE FINAL TRACT MAPS ON THIS PROPERTY.

22. ALL SEWER AND WATER MAINS ARE 8" MINIMUM. ALL STORM DRAINS ARE 12" MINIMUM.

23.FACE OF CURB RETURN RADII WITHIN THE SUBDIVISION ARE 30'.

24.BOUNDARY IS BASED ON RECORD INFORMATION.

AB - AGGREGATE BASE

AC - ASPHALT CONCRETE

AP - ANGLE POINT

BNDY - BOUNDARY

BW - BACK WALK

CB - CATCH BASIN

CL - CENTERLINE

C&G - CURB AND GUTTER

DI - DROP INLET

E - ELECTRICAL SERVICE

EG - EXISTING GROUND

EL - ELEVATION

EP - EDGE OF PAVEMENT

ER - END OF RETURN

ESMT - EASEMENT

EVAE - EMERGENCY VEHICLE ACCESS EASEMENT

EX - EXISTING

FC - FACE OF CURB

FG - FINISH GRADE

FH - FIRE HYDRANT

FI - FIELD INLET

FL - FLOWLINE

GB - GRADE BREAK

HDPE - HIGH-DENSITY POLYETHYLENE

HP - HIGH POINT

INV - INVERT

IRR - IRRIGATION

JT - JOINT TRENCH

LP - LOW POINT

LT - LEFT

MH - MANHOLE

P - PAD

PAE - PUBLIC ACCESS EASEMENT

PL - PROPERTY LINE

PS - PROTECTIVE SLOPE

PSE - PUBLIC SERVICE EASEMENT

PUE - PUBLIC UTILITY EASEMENT

PVC - POLYVINYL CHLORIDE

RT - RIGHT

R/W - RIGHT OF WAY

RW - RECYCLED WATER

SD - STORM DRAIN

SS - SANITARY SEWER

S/W - SIDEWALK

TC - TOP OF CURB

TI - TRAFFIC INDEX

TYP - TYPICAL

W - WATER

WS - WATER SERVICE
C1 COVER SHEET, GENERAL NOTES, AND VICINITY MAP
C2 LARGE LOT TENTATIVE PARCEL MAP
C3 OPEN SPACE CROSS SECTIONS
C4 RESIDENTIAL UTILITIES AND DETAILS
C5 GRADING PLAN AND DIMENSIONS

ABBREVIATIONS
LEGEND

EXISTING PROPOSED DESCRIPTION

SUBDIVISION BOUNDARY

RIGHT OF WAY / LOT LINE

CENTERLINE

FACE OF CURB

STORM DRAIN & INLET

STORM MANHOLE

WATER LINE & VALVES

FIRE HYDRANT WITH VALVE

BLOWOFF

AIR RELIEF VALVE

TABLE OF CONTENTS

SANITARY SEWER PIPE

SANITARY SEWER MANHOLE

WATER QUALITY
THIS PROJECT PROPOSES THE FOLLOWING FOR TREATMENT OF STORM DRAIN RUNOFF:

1. RESIDENTIAL AREA: BIO-RETENTION SWALES WITHIN COMMON AREA

2. COMMERCIAL AREA: BIO-SWALES WITHIN PARKING LOTS

SHEET DESCRIPTION
N.T.S.

TYPICAL 20' ALLEY SECTIONS
20' EVAE, PAE
X"AB
X" AC

2.0%
10' 10'

C/L & P/L
24' PUE/PAE/EVAE
4' MIN
DWY

TRAVEL WAY TRAVEL WAY
4' MIN
DWY
GARAGE FLR.

ROLLED CURB
GARAGE FLR.
6" WIDE CONCRETE BAND
50'
R/W

4.5'
S/W
2:1
MAX

STANDARD CURB,

GUTTER, & SIDEWALK
(TYP.)
6' PUE AND
PLANTING ESMT.
6' PUE AND
R/W PLANTING ESMT.
18'
C/L

4.5'
S/W

LEVEL BENCH
(TYP.)
2:1
MAX
N.T.S.

TYPICAL 50' R/W STREET SECTION
X"AB
X" AC

2.0% 2.0% 2.0%

2.0%
18'

1. THE EROSION CONTROL FACILITIES ARE DESIGNED TO CONTROL SEDIMENT DURING THE RAINY SEASON, OCTOBER 1 TO APRIL 15 AFTER ROUGH GRADING HAS BEEN COMPLETED. MEASURES ARE TO BE
OPERABLE PRIOR TO OCTOBER 1ST OF ANY YEAR GRADING OPERATIONS HAVE LEFT AREAS UNPROTECTED FROM EROSION.

2. MAINTENANCE IS TO BE PERFORMED AS FOLLOWS:

A. REPAIR DAMAGES CAUSED BY SOIL EROSION OR CONSTRUCTION AT THE END OF EACH WORKING DAY.

B. SWALES SHALL BE INSPECTED PERIODICALLY AND MAINTAINED AS REQUIRED.

C. SILT FENCES, BERMS AND SWALES ARE TO BE INSPECTED
AFTER EACH STORM AND REPAIRS MADE AS NEEDED.

D. SEDIMENT SHALL BE REMOVED AND SEDIMENT TRAPS RESTORED TO

ORIGINAL DIMENSIONS WHEN SEDIMENT HAS ACCUMULATED TO WITHIN ONE FOOT OF OUTLET ELEVATION.

E. SEDIMENT REMOVED FROM TRAP SHALL BE DEPOSITED IN SUITABLE AREA AND IN SUCH A MANNER THAT IT WILL NOT ERODE.

3. DURING THE RAINY SEASON, ALL PAVED AREAS SHALL BE KEPT CLEAR OF EARTH MATERIAL AND DEBRIS. THE SITE SHALL BE MAINTAINED SO AS TO MINIMIZE SEDIMENT LADEN RUNOFF TO ANY STORM DRAIN SYSTEM.

4. CONSTRUCTION ENTRANCE TO BE PROVIDED AT EACH VEHICLE ACCESS POINT TO EXISTING PAVED STREETS.

5. INLETS NOT USED IN CONJUNCTION WITH EROSION CONTROL TO BE BLOCKED UNLESS THE AREA DRAINED IS UNDISTURBED OR STABILIZED.

6. ALL EROSION CONTROL MEASURES SHALL BE MAINTAINED UNTIL DISTURBED AREAS ARE STABILIZED. CHANGES TO THIS EROSION

CONTROL PLAN SHALL BE MADE ONLY WITH THE APPROVAL OF OR AT THE DIRECTION OF THE CITY ENGINEER.

7. SEDIMENT BASINS SHALL BE CLEANED OUT WHENEVER SEDIMENT REACHES THE SEDIMENT CLEANOUT LEVEL.

8. THIS PLAN MAY NOT COVER ALL THE SITUATIONS THAT ARISE DURING CONSTRUCTION DUE TO UNANTICIPATED FIELD CONDITIONS. VARIATIONS MAY BE MADE TO THE PLAN IN THE FIELD SUBJECT TO THE APPROVAL OF CITY.

9. SHADING INDICATES AREAS TO RECEIVE FILL.

10. THE GRADING SHALL BE IN CONFORMANCE WITH THE CITY OF VALLEJO'S HILLSIDE GRADING ORDINANCE UNLESS OTHERWISE APPROVED.

11. PROPOSED GRADES SHOWN ON THE PRELIMINARY GRADING PLAN ARE SUBJECT TO FINAL ENGINEERING DESIGN AND CITY REVIEW AND APPROVAL.

ALL GRADING IS TO BE UNDERTAKEN PER THE RECOMMENDATIONS OF A SOILS REPORT AND UNDER THE OBSERVATION OF THE SOILS ENGINEER.

12. ALL LOTS WILL DRAIN TO ADJACENT STREET.

13. EXISTING CONTOUR INTERVAL IS AS SHOWN.

14. SLOPES WITHIN LOT AREAS ARE TO BE GRADED AT A GRADIENT NOT TO EXCEED 2:1 (HORIZONTAL TO VERTICAL).

15. ALL PADS ARE TO BE BERMED (PER DETAIL) TO PREVENT RUNOFF.

16. SLOPES LESS THAN 10' HIGH WITHIN LOT AREAS, ARE TO BE GRADED AT A GRADIENT NOT TO EXCEED 2:1 (HORIZONTAL TO VERTICAL) UNLESS APPROVED BY THE SOILS ENGINEER.

17. ALL DAYLIGHT CUT/FILLS TO BE ROUNDED TO CONFORM TO EXISTING TERRAIN. REVISED: JANUARY 2020 42' R/W

4.5'
S/W
2:1
MAX

STANDARD CURB,

GUTTER, & SIDEWALK
(TYP.)
6' PUE AND
PLANTING ESMT.
6' PUE AND
R/W PLANTING ESMT.
14'
C/L

4.5'
S/W

LEVEL BENCH
(TYP.)
2:1
MAX
N.T.S.

TYPICAL 42' R/W STREET SECTION
X"AB
X" AC

2.0% 2.0% 2.0%

2.0%
14'

0.5' 2.5'

0.5' 2.5' 2.5' 0.5'

4.5'

2.5' 0.5'
X"AB
X" AC

2.0%

4.5'
S/W
C/L
6' 13' 12' 4.5'
BIKE
LANE

EXISTING R/W
X"AB
X" AC

2.0% 2.0%

4.5'
S/W

4.5' 12' 13' 6'
BIKE
LANE

LANDSCAPED
MEDIAN
R/W 80'
N.T.S.

EXISTING TURNER PARKWAY
X"AB
X" AC

2.0%

2.0%
S/W
C/L

5.5' 12' 11' 5' 6'
CLASS
II
BIKE
WAY
R/W

5.5'

LANDSCAPED
MEDIAN *
N.T.S.

ADMIRAL CALLAGHAN LANE

COMMERCIAL
SITE
N.T.S.

TYPCIAL CURB POPOUT DETAIL

VALLEJO
INTERSTATE 80
HIGHWAY 37

COLUMBUS PKWY

TURNER PKWY

ASCOT PKWY

REDWOOD PKWY

ADMIRAL CALLAGHAN LN

VICINITY MAP
N.T.S.

PROJECT
SITE
X"AB
X" AC

2.0%
*17.2'
W
SD
SS *10'
*TYPICAL DIMMENSIONS UNLESS OTHERWISE NOTED IN PLANS
(TO BE REFINED WITH FINAL DESIGN)
*10.2'
W
SD
SS *10'
*12.5'
SD
SS
*TYPICAL DIMMENSIONS UNLESS OTHERWISE NOTED IN PLANS
(TO BE REFINED WITH FINAL DESIGN)
*TYPICAL DIMMENSIONS UNLESS OTHERWISE NOTED IN PLANS
(TO BE REFINED WITH FINAL DESIGN)
VARIES

PROPOSED R/W

PROPOSED

LANDSCAPE

FAIRVIEW

NEIGHBORHOOD
EARTH
SWALE
PAD

MEANDERING
WALK

EXISTING

TREE LINE
LAND USE/OWNERSHIP SUMMARY (FOR PARCEL 3):

AREA WITHIN
LOT/PARCEL PROPOSED USE OWNERSHIP LMD (AC±)
PARCEL 3 OPEN SPACE CITY 5.70
LAND USE/OWNERSHIP SUMMARY (FOR PARCEL 4):

AREA WITHIN
LOT/PARCEL PROPOSED USE OWNERSHIP LMD (AC±)
LOTS 1-86 SINGLE FAMILY DETACHED PRIVATE VARIES
(85' X 42' MIN)
LOTS 87-178 CLUSTER LOT PRIVATE VARIES
(50' X 65' MIN)
PARCEL A BIO-RETENTION BASIN HOA 0.92

PARCEL B PARKSITE/LANDSCAPE AREA
PEDESTRIAN ACCESS AREA CITY 1.64
PARCEL C-G PARKSITE/LANDSCAPE AREA CITY 0.79

PARCEL H-Q PARKSITE/LANDSCAPE AREA
PEDESTRIAN ACCESS HOA 0.64

WATERLINE EASEMENT
5' 11' 12'
CLASS
II
BIKE
WAY
45' PG&E EASEMENT

LOW LANDSCAPE
2' BUFFER 2' BUFFER
* 10' LEFT TURN POCKET WITH 1' MEDIAN CURB BARRIER
R/W

77.5' R.O.W.
7' 10.5'

PARKING

10.5'

LANE LANE
7'

PARKING
11'
LANE
7'

PARKING
11'
LANE
6" CURB
ADMIRAL CALLAGHAN LANE INTERSTATE 80

TURNER PARKWAY FOOTHILL DRIVE

23.8±AC
PARCEL 4

PROPOSED COMMERCIAL

PROPOSED COMMERCIAL PROPOSED

OPEN SPACE

PROPOSED RESIDENTIAL HUNTER CT
N89°12'49"W 863.19' N0°48'36"E 1322.34'
N89°23'51"W 720.34'
N89°12'49"W 237.42'
N90°00'00"W 639.83'

4.5±AC
PARCEL 2

17.3±AC
PARCEL 1
R=14080. ' Δ=1°56'37" L=47 .63'
R=939.00'
L=13.44'
Δ=0° 49' 13"
N8°29'29"W

67.57'
N36°12'57"W 165.97'N21°33'09"W 225.55'
N2°31'34"W

30.04'
N89°12'49"W 271.49'
N89°23'51"W 263.75'
N6°43'50"E 617.97' N2°31'34"W 273.47'
N89°23'51"W 1028.30'
N26°55'52"E 487.18' R=939.00'
L=21.90'
Δ=1° 20' 10"
R=14080.0 ' Δ=1°56'03" L=475.31' N2°31'34"W 303.51'
N89°23'51"W 2012.39'
N89°12'49"W 1372.10'
R=14080.00' Δ=1°56'03" L=952.94'
EX. 15' PG&3 GASE PIPELINE
ESMT. BOOK 55 OR PAGE 189
(TO BE MODIFIED)
EX. SLOPE ESMT.

INSTRUMENT 15729
BK 783 OR 590
EX. 15' VSFCD ESMT.

BOOK 1789 OR PAGE 674
(TO BE MODIFIED)

PROPOSED PG&E GAS LINE
EASEMENT - 45' WIDE

5.7±AC
PARCEL 3
N8°46'56"E 158.88'
N45°34'57"W 163.08' N0°48'36"E 982.60'
N32°08'56"W

86.03'
A A
B B
C C
D D

LOT NUMBER
(TYP.)

LOT NUMBER APN NUMBER OWNER
1 0081-071-070 GARCIA ANGEL
2 0081-071-080 BRIONES RENE RYAN T
3 0081-071-090 CHILLARA JYOTHI
4 0081-071-100 BROWN WILMA E
5 0081-071-110 LACSON ALFONSO R
6 0081-081-010 JOHNSON ENRIQUETA
7 0081-081-030 VILLANUEVA ROSSINI R & CM
8 0081-081-050 GABRIELIAN MARIAM & OGANES
9 0081-081-060 TRINIDAD NADENE A
10 0081-081-070 CABANILLA BENJAMIN C & EJ

LOT NUMBER APN NUMBER OWNER
11 0081-081-070 ARCIBAL MANUELITO S & IV
12 0081-081-080 SHELBY CLARA
13 0081-081-090 FONG TAT
14 0081-081-100 CABULOY MARK J
15 0081-081-110 CAMPOS PRISCA D
16 0081-111-010 DELEON OTTO & MARTHA
17 0081-111-020 ELIAPO ARSENIA
18 0081-111-030 ALVAREZ JENNIFER & RODELL
19 0081-111-040 MENDOZA RUTHERFORD
20 0081-111-050 TIEN MICHAEL & SUMEI
ADJOINING OWNER INFORMATION ADJOINING OWNER INFORMATION REVISED: JANUARY 2020 NOTE:

1.DEVELOPER RESERVES THE RIGHT TO ADJUST

INTERNAL LOT LINES AND PARCEL SIZE TO

ACCOUNT FOR CHANGES IN THE LAND PLANS
DURING THE ENTITLEMENT PROCESS.

JURISDICTIONAL
AREA

BNDY BNDY
2:1
2:1
RETAIL
PAD

EG EG BASIN

0.5' +/- PRE-DEVELOPMENT (NTS)

0.8' +/- POST-DEVELOPMENT (NTS)
WSEL (TYP.)

JURISDICTIONAL
AREA

BENCH/LINER
PARK
LOT 11
PAD
101.8
2:1
2:1 2:1
LOT

BNDY BNDY P/L

RETAIL PAD
EG
EG MAX

RETAINING WALL
(HEIGHT VARIES)

JURISDICTIONAL
AREA

BENCH/LINER
PARK
LOT 18
PAD
106.4
2:1
2:1
LOT

BNDY P/L
EG
BNDY
EG
2:1
RETAIL
PAD
MAX

RETAINING WALL
(HEIGHT VARIES)

JURISDICTIONAL
AREA

BENCH/LINER
PARK
LOT 26
PAD
113.5
2:1
2:1
LOT

BNDY BNDY P/L
2:1
RETAIL
PAD
EG
EG
MAX REVISED: JANUARY 2020
LEGEND:

EXISTING GROUND

PROPOSED FINISH GRADE (SUBJECT TO FINAL DESIGN)
175 176 177 178
167 168 169 170
159 160 161 162
174 173 172 171
166 165 164 163
158 157 156 155
138
142
139
141 140
143
148
144
147
145
146
149
154
150
153
151
152
130 131 132
129 128 127
123 122 121
124 125 126
PARCEL F 137 136
135 134 133
96 104 105 106 101 102 103
109 108 107 100 99 98
110 111 112 95 97
89 115 114 113
117
94 93 92

PARCEL G
116 118 90 91
120 119 88 87
86 68
85 69
84 70
83 71
82 72
81 80
79 73
74 75
76 PARCEL C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

PARCEL H
67 66 65 64 63 62 61 60 59 58 57 56 55 54 53 52 51 50 49 48 47 46 45 44 43 42 34 33
32 31
30 29
36 35
179

PARCEL E

PARCEL A

PARCEL B
18 19 20 21
78 77
26 27
28 22
211
23 41
39 24
38 25
37 40

PARCEL I

PARCEL D

PARCEL J

PARCEL K

PARCEL M

PARCEL L

PARCEL N

PARCEL O PARCEL P

PARCEL Q TURNER PARKWAY

HUNTER CT FOOTHILL DRIVE

STREET A

STREET B STREET C STREET D STREET E STREET F

CONNECT TO EX W MAIN

IN TURNER PRKW AND

CUT IN NEW TEE

CONNECT TO EX W

MAIN IN TURNER PRKW

AND CUT IN NEW TEE

CONNECT TO

EX SS MAIN IN

TURNER PRKW

SEE DETAIL BELOW

FOR TYPICAL ALLEY

LOT SERVICES

SEE DETAIL BELOW

FOR TYPICAL ALLEY

LOT SERVICES

PARKSITE

WATER QUALITY BASIN

OUTFALL TO EXISTING

DRAINAGE AREA (SEE

DETAIL) PRIVATE
(SIZE YET TO BE DETERMINED)
3461± SF
178
3250± SF
177
3250± SF
176
3250± SF
175
3575± SF
170
3250± SF
169
3250± SF
168
3250± SF
167
3250± SF
161
3250± SF
159
3250± SF
160
3575± SF
162
3250± SF
173
3250± SF
174
3575± SF
171
3250± SF
172
3575± SF
163
3250± SF
164
3250± SF
165
3250± SF
166
3250± SF
157
3250± SF
158
3461± SF
155
3250± SF
156
3461± SF
138
3575± SF
142
3250± SF
139
3250± SF
141
3250± SF
140
3575± SF
143
3575± SF
148
3250± SF
144
3250± SF
147
3250± SF
145
3250± SF
146
3575± SF
149
3461± SF
154
3250± SF
150
3250± SF
153
3250± SF
151
3250± SF
152
3250± SF
130
3250± SF
131
3575± SF
132
3250± SF
128
3575± SF
127
3250± SF
129
3250± SF
123
3250± SF
122
3461± SF
121
3250± SF
124
3250± SF
125
3575± SF
126

0.31±AC

PARCEL F
3250± SF
137
3461± SF
136
3250± SF
135
3250± SF
134
3575± SF
133
3250± SF
96 3250± SF
105
3250± SF
106
3461± SF
104
3250± SF
101
3250± SF
102
3461± SF
103
3575± SF
109
3250± SF
108
3250± SF
107
3250± SF
100
3250± SF
99 3575± SF
98 3575± SF
110
3250± SF
111
3250± SF
112
3575± SF
97 3250± SF
95 3250± SF
89 3575± SF
115
3250± SF
114
3250± SF
113
3250± SF
94 3250± SF
93 3575± SF
92 3250± SF
117
3250± SF
118
3575± SF
116
3250± SF
90 3575± SF
91 0.31±AC

PARCEL G
3461± SF
120
3250± SF
119
3250± SF
88 3461± SF
87 4492± SF
86 3815± SF
68 4116± SF
85 3570± SF
69 3570± SF
70 4116± SF
84 4116± SF
83 3570± SF
71 4116± SF
82 3570± SF
72 4606± SF
81 4606± SF
80 4606± SF
79 3570± SF
73 3570± SF
74 3570± SF
75 3570± SF
76 3570± SF
5 3570± SF
4 3570± SF
3 3570± SF
2 3570± SF
9 3570± SF
1 3570± SF
8 3570± SF
7 3570± SF
6 3570± SF
14 3570± SF
13 3570± SF
12 3570± SF
11 3570± SF
10 3570± SF
17 3570± SF
16 3570± SF
15 0.03±AC

PARCEL C

0.08±AC

PARCEL H
3990± SF
67 3990± SF
59 3990± SF
51 3990± SF
43 3990± SF
66 3990± SF
58 3990± SF
50 3990± SF
42 3990± SF
65 3990± SF
57 3990± SF
49 3990± SF
64 3990± SF
56 3990± SF
48 3990± SF
63 3990± SF
55 3990± SF
47 3990± SF
62 3990± SF
54 3990± SF
46 3990± SF
61 3990± SF
53 3990± SF
45 3990± SF
60 3990± SF
52 3990± SF
44 4036± SF
34 4043± SF
33 4049± SF
32 4056± SF
31 4062± SF
30 4068± SF
29 4024± SF
36 4030± SF
35 0.03±AC

PARCEL E

0.92±AC

PARCEL A

1.64±AC

PARCEL B
3570± SF
18 3570± SF
20 3570± SF
21 3570± SF
19 5279± SF
26 7039± SF
27 4748± SF
28 4655± SF
77 6859± SF
78 4033± SF
4054± SF 24
23 3570± SF
22 4514± SF
25 3990± SF
41 9276± SF
39 4617± SF
37 6679± SF
38 5926± SF
40 0.03±AC

PARCEL E

PRIVATE STORM DRAIN

PRIVATE PRIVATE

PRIVATE

PRIVATE SD

0.11±AC

PARCEL D

0.08±AC

PARCEL I

0.06±AC

PARCEL J

0.06±AC

PARCEL K

0.06±AC

PARCEL L

0.06±AC

PARCEL M

0.06±AC

PARCEL N

0.06±AC

PARCEL Q

0.06±AC

PARCEL O

0.06±AC

PARCEL P
167 168 169 170
166 165 164 163

PARCEL H

PARCEL I

PARCEL D
2" WS

METER BANK
FRONT
BACK

METER BANK

PRIVATE SD
143
148
144
147
145
146

PARCEL J

PARCEL K

BACK OF

ROLLED CURB
TOP OF
CONCRETE BAND 2% REVISED: JANUARY 2020
NOTES:

1. SEE SHEET 5 FOR GRADING INFO

2. ACTUAL SIZE AND SHAPE OF BIO-SWALE/BASIN TO

BE RESOLVED WITH FINAL DESIGN

3. ALL SEWER AND WATER MAINS ARE ASSUMED TO BE
8" UNLESS NOTED. STORM DRAIN PIPES WILL
VARY IN SIZE. ACTUAL SIZE TO BE DETERMINED
DURING FINAL DESIGN.

4. ALL WATER SERVICES SHALL BE A MINIMUM OF 1"
WITH A 1" METER

5. FOR LOTS 87-178, WATER SERVICE WILL BE FROM

PUBLIC STREET/PASEO, SEWER SERVICE WILL BE
FROM MAIN IN ALLEY, OR MAIN IN STREET.

6. ALL ALLEYS AND UTILITIES WITHIN ARE
PRIVATE.

7. THE WATER SYSTEM SHOWN IS PRELIMINARY IN
NATURE. DURING FINAL DESIGN, THE LOCATIONS

OF VALVES, ARV, AND OTHER FACILITIES WILL

BE DETERMINED IN CONJUNCTION WITH THE
CITY'S WATER DEPARTMENT.

FOR LOTS 87-178

TYPICAL ALLEY LOT SERVICES
N.T.S.

TYPICAL 20' ALLEY UTILITY LOCATIONS
20' EVAE, PAE

2.0%
10' 10'

C/L & P/L
R/W
24'

PUE/PAE/EVAE
R/W
DWY

TRAVEL WAY TRAVEL WAY
DWY
GARAGE FLR. GARAGE FLR.

7.5' 5'
N.T.S.

TYPICAL ALLEY EASEMENTS

TYPICAL SINGLE-FAMILY LOT SERVICES
FOR LOTS 1-86
N.T.S

ROLLED CURB
6" CONCRETE BAND
N.T.S.

W
S
W W W
S S S
7' TYP
WM
P/L
F/C
W
SS
8"SD (PRIVATE)
JT
8"SS (PRIVATE)
4'MIN.

W W W
S
W
S S S

DISTRICT

CLEANOUT
2 WAY CLEANOUT
@ HOUSE

CLEANOUT IN

DWY (TYP)
4'MIN.

OUTFALL DETAIL

SECTION PLAN VIEW
175 176 177 178
167 168 169 170
159 160 161 162
174 173 172 171
166 165 164 163
158 157 156 155
138
142
139
141 140
143
148
144
147
145
146
149
154
150
153
151
152
130 131 132
129 128 127
123 122 121
124 125 126
PARCEL F 137 136
135 134 133
96 104 105 106 101 102 103
109 108 107 100 99 98
110 111 112 95 97
89 115 114 113
117
94 93 92

PARCEL G
116 118 90 91
120 119 88 87
86 68
85 69
84 70
83 71
82 72
81 80
79 73
74 75
76 PARCEL C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

PARCEL H
67 66 65 64 63 62 61 60 59 58 57 56 55 54 53 52 51 50 49 48 47 46 45 44 43 42 34 33
32 31
30 29
36 35
179

PARCEL E

PARCEL A

PARCEL B
18 19 20 21
78 77
26 27
28 22
211
23 41
39 24
38 25
37 40

PARCEL I

PARCEL D

PARCEL J

PARCEL K

PARCEL M

PARCEL L

PARCEL N

PARCEL O PARCEL P

PARCEL Q TURNER PARKWAY

STREET A

STREET B STREET C STREET D STREET E STREET F

WATER QUALITY BASIN

PARKSITE
BASIN

DISCHARGE
NOTE:

GRADING AND INSTALLATION

OF DRAINAGE FACILITIES TO

BE COORDINATED WITH

ADJOINING PROPERTY OWNERS
(SIZE YET TO BE DETERMINE)

4.4% 0.5% 96.5 101.6 104.6 109.1
110.5
114.5
119.0 HP
117.0 112.5
111.6 LP
112.4 HP
102.1 110.0
103.0
104.2
100.5 106.0

99.5 98.5

97.5 LP 96.0 1.4% 1.6% 2.4% 1.4%

2.8% 2.9% 0.6%

1.6% 1.5% 1.8% 2.2% 1.1% 0.7% 0.7% 1.1% 0.6% 0.6% 0.8% 2.0% 0.6% 0.8% 1.6% 1.0%

1.0%

2.0%

2.0% 2.0%

2.0%

1.0% 1.0% 99.8

1.0% 100.8

1.0%
102.3
P104.4 P103.4 P102.4 P101.4
P104.2 P103.2 P102.2 P101.2
P103.2 P102.2 P101.2 P100.2
P102.4 P101.4 P100.4 P99.4
P102.2 P101.2 P100.2 P99.2
P105.7 P105.2 P104.8 P104.4 P104.0 P103.6 P103.4 P104.0 P104.6 P105.2 P105.8 P106.4 P107.0 P107.6 P108.2 P108.9 P109.6 P110.3 P111.0 P111.7 P112.4 P113.1 P113.8 P114.7 P115.6 P116.5 P117.4 P118.3
P118.3
P118.2
P118.5
P118.3
P118.6
P118.9
P119.2
P119.5
P119.8
P119.8
P118.9
P118.0
P117.1
P111.9
P112.5
P113.1
P113.7
P113.7
P113.5
P113.3
P113.1
P112.9
P107.0 P107.6
P106.5 P107.1
P100.5
P100.0 P100.0
P100.5
P99.0 P99.5
P99.5 P100.0
P100.2 P100.7
P100.7 P101.2
P102.0 P103.0 P104.0
P99.9 P100.9 P101.9 P102.5 P103.5 P104.5
P99.4 P100.4 P101.4
P97.7 P98.2 P98.7
P97.0 P97.5 P99.5 P100.0
P99.5 P100.0 P100.5
P103.0 P104.0 P105.0
P103.5 P104.5 P105.5 P105.0
P104.5 P105.5 P106.5
P106.0 P107.0
P98.2 P98.2 P98.5 P98.8 P99.4 P100.0 P101.2 P101.8 P102.4 P103.0 P103.6 P104.2 P104.8 P105.4 P106.4 P107.4 P108.4 P109.4 P110.4 P111.0 P111.5 P112.5 P113.5
P116.1
P117.9
P118.8
P119.7
P120.0
P120.0
P119.7
P119.4
P119.1
P118.8
P107.9 P108.9
P104.6 P105.8 P108.4 P109.4
P104.1 P105.3
P104.5
P105.0 P106.2
P105.7 P106.9 P106.8 P107.8 P109.0
P108.5 P109.5

2.0%

1.0% 1.0%

2.0%

2.0% 101.8
P102.4
104.4
P101.0 P99.6
P103.4 P102.4 P101.4 P100.4
A
A
F F
D
D
C C
E
E
G
G
B B

PARCEL B
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

PARCEL C

PARCEL H
67 66 65 64 63 62 61 60 59 58 57 56 55 54 53 52 51 50 49 48 47 46 45 44 43 42 34 33
32 31
30 29
36 35

PARCEL E

PARCEL A
89 115 114 113 94 93 92
116 117 118 90 91
120 119 PARCEL G 88 87
86 68
85 69
84 70
83 71
82 72
81 80
79 73
74 75
76 166 165
158 157 156 155
138
142
139
141 140
143
148
144
147
145
146
149
154
150
153
151
152
130 131 132
129 128 127
123 122 121
124 125 126
PARCEL F 137 136
135 134 133
96 104 105 106 101 102 103
109 108 107 100 99 98
110 111 112 95 97
175 176 177 178
167 168 169 170
159 160 161 162
174 173 172 171
164 163 95'
42' 95'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42' 95'
42'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 42' 95'
42' 42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'
42'
42' 95'88'
103'
85' 45'
121' 98'
94' 57'
96' 26' 42' 42'
96' 42' 42'
96' 42' 42'
96' 42'42'
96' 42'42'
96' 42'42'
97' 42'42'
97' 42'42'
97' 34' N89°23'51"W 42.00' 85'
37' 85'42' 85'42' 85'42' 85'42' 62'
42' 42' 42' 85'
34' 85'
42' 42' 42' 42'
336'
42' 42' 42' 85'
34' 23'
N0°48'36"E 982.60' N32°08'56"W 86.03' 85'
42' 85'42' 85'42' 85'42' 85'42' 85'42' 85'42' 42' 85'42' 85'42' 85'42' 42' 85'
42'
42' 85'
42'
42' 85'
42'
42' 85'
42'
42' 85'
42'
42' 85'
42'
N45°34'57"W 163.08'
N8°46'56"E 158.88'
18'
18 19 20 21
26 27
28 78
77 42' 42' 42' 42' 42' 85'
88'
86' 90'
42'
85'
84'
99' 102'
123' 59'
50' 53' 49'
85' 32'76' 42'
85' 42' 47'42'
85' 42' 42'
85' 42' 42'
85' 42' 42'
85' 42' 42'
85' 42' 42'
85' 42' 42'
85' 47'
56' 46' 18'
98' 24'
36'
131'
98' 42'
98' 42'
98' 42'
98' 379'
98' 47'
98' 47'
98' 47'
76'
36' 46'
270'
42'
210' 83'
126' 42'
75' 396'42' 386'
1005' 65'
50'
50' 65'
193'
50' 65'
50'
50' 55' 42'
36'
32'
55' 65' 65'
50' 65'50' 65'50'
50' 65'
50'
50' 65'
50'
50' 65'
50'
55' 65'
55' 65'
55' 65' 65'
50' 65'50' 50'
11' N89°12'49"W 425.00'
11' 65' 65'
50' 50' 50' 55' 17' 17'
50' 65'50' 65'50' 65'55' 65' 65'
32' 36' 42'65'50' 65'50' 50' 425' 85'
18'
193'
205' 205'
205' 205'
50' 379' 65'32'
36' 42'
55' 65'
50'
50' 65'
50' 65'
50' 55' 42'
36' 32' 65'
55' 65' 65'
50' 50'
50' 50' 65'
50' 65'50' 65'
55'
116' 17'
55' 50' 50'
55' 50' 50' 17'
55' 50' 50' 65' 65'
16' 65' 65'
50' 50' 55' 17'
50' 50' 55'
50' 50' 55' 17' 65' 65'
55' 65'50' 50' 50' 65' 65'50' 55' 65' 65' 65' 65' 65' 65' 65' 65' 65' 55' 50' 65'50' 50' 65'50' 65'55' 65' 65'
32' 36' 42'65'50' 50' 65'50' 65'50' 42'
36'
32'
155' 155' 155' 155'
280'
155' 155' 155' 155' 379' 379'
280' 360' 360'
S0°48'36"W 42.00'
1149' 65'
32'
36' 42'
55' 65'
50'
50' 65'
50'
50'
50' 65'
50' 65'
50'
50' 65'42'
36' 32'
55' 65' 65'
55' 65'
50' 65'50' 65' 65'50' 65'50' 65'
55' 65'
55' 65'
55' 65'
50'
50'
50'
50' 50' 65'
50'
50' 65'
50' 65'55'
55' 65' 65'
55' 65'
155'
50' 65'50' 65'50' 65'
55' 65'
55' 65'
55' 65'
50'
50'
50'
50' 50' 65'
50' 50'
50' 65' 65'
55'
55' 42'65'
32' 36' 65'50' 17' 379'
16' 17' 17' 65'
116' 65'50' 42'
36'
32'
280' 379' 17' 360' 360'
155'
155'
155'
155'
155'
155' 155'
50'
280' 47' 47'

RETAINING WALL
NOTE: GRADING TO BE COORDINATED

WITH ADJOINING PROPERTY OWNERS
24 22 23
25 211
41 39
37 38
40 32'
9' 95'
44'
43' 26'1
0'4'
42'
5'
47'
22' 11'8' 64'
51' 42'
51'42'

OUTFALL TO EXISTING

DRAINAGE AREA (SEE
DETAIL, SHEET C4)

PARCEL D

PARCEL J PARCEL M

PARCEL K PARCEL L PARCEL O PARCEL P
PARCEL I PARCEL N PARCEL Q 17' 65' 65' 17' 65' 65'
15'
15' 65' 17' 65' 17' 65' 17' 65' 65' 17' 65' 65' 17' 65' 65' 17' 65' 65' 17' 65' 17'

TYPICAL SIDE/REAR YARD DETAILTYPICAL CORNER LOT GRADING

TYPICAL LOT SECTION - FRONT LOADED

SINGLE WALL ON P/L- REAR OR SIDE

TYPICAL FINISHED LOT GRADING - FRONT LOADED
N.T.S.

N.T.S.

N.T.S. N.T.S.

N.T.S.

PAD
PL
2:1
PAD
1'
R/W
FRONT
YARD

COMPACTION AREA VARIES REAR YARD
FLAT PAD 2:1
MAX
SW
2:1
PL
1'
PAD
1'
2:1
MAX
PAD
PAD
MAX 2:1
PL
1'
2%
P/L

UPPER PAD
5'
MIN

PROTECTIVE REAR SLOPE SIDE SLOPE

REAR SLOPEPARKWAY SLOPE STREET
2% MIN
MAX
MAX

REAR SWALES

TYPICAL FINISHED LOT GRADING - ALLEY UNIT
N.T.S.
5' MIN.

PROTECTIVE REAR SLOPE SIDE SLOPE

PASEO AREA TOP OF ROLED CURB OR CONCRETE BAND
ALLEY
DRIVEWAY 2-12% SLOPE

EX CURB

AND GUTTER
VARIES

EX S/W EX FLAT

LANDSCAPE
VARIES
PAD

PARCEL D

EARTH SWALE

SECTION F-F
N.T.S.

OPEN SPACE

WETLANDS
VARIES
PAD

SECTION A-A
N.T.S.

EG
2:1

QUAIL RIDGE

CONDOMINIUMS
VARIES
PAD

SECTION B-B
N.T.S.

EG
2:1
SEE SHEET 2 FOR

PROPERTY OWNERSHIP
VARIES
PAD

SECTION D-D
N.T.S.

EX PAD
2:1

QUAIL RIDGE CONDOMINIUMS
PAD

SECTION C-C
N.T.S.

RETAINING WALL (MAX

HEIGHT VARIES)
SEE SHEET 2 FOR

PROPERTY OWNERSHIP
PAD

SECTION E-E
N.T.S.

EX PAD

CURB, GUTTER,

AND SIDEWALK

4.5'
SWLK
3' LEVEL
BENCH

SECTION G-G
N.T.S.

0.5'
2:1 MAX
P/L
P/L
20' ALLEY SECTION
(SEE SHEET 1 FOR

SECTION DETAILS)
PAD
55'
P/L
VARIES
PAD
PASEO

INSTALL EARTHEN SWALE

ALONG BOUNDARY
55'
10' 10'

ROLLED CURB
CONCRETE BAND REVISED: JANUARY 2020
10'
PARK
2:1
4' SDE

INSTALL EARTHEN

SWALE ALONG

BOUNDARY
1'
P/L
BNDY
BNDY
BNDY
BNDY
R/W
VARIES
BNDY
BNDY

2.0%

RETAINING WALL
(MAX HEIGHT

VARIES)
4' SDE
5%
MIN
1%
MIN
DRIVEWAY 2-12% SLOPE
P/L
FENCE
FENCE
FENCE

INSTALL EARTHEN

SWALE ALONG

BOUNDARY
FENCE
FENCE
RESOLUTION NO. 22-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE FINAL MAP OF FAIRVIEW AT NORTHGATE - PHASE 1 AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(b)(1) AND CEQA GUIDELINES SECTION 15268(b)(3)
WHEREAS, the Vesting Tentative Map entitled “Vesting Tentative Map Fairview at Northgate, Vallejo, California,” dated September 2018 and revised April 2020, proposed by Vallejo-Fairview Developers, LLC (Developer), was approved by the City Council on June 9, 2020 (“Tentative Map”); and WHEREAS, Government Code Section 66456.1 map provides a developer may phase its subdivision development after the filing of the tentative map if both the developer and the local agency concur on the filing of multiple final maps, i.e., phasing of the development; and WHEREAS, the Developer plans on phasing their development in order to sell Parcel 1 because the future owner of Parcel 1 has submitted building, grading and site development permit applications with plans to construct upon the issuance of the permits; and
WHEREAS, the Developer must create a saleable parcel to sell said parcel so that the future Parcel 1 owner can receive the necessary permits to construct their project; and WHEREAS, staff concurs with the Developer’s phasing plan because Parcel 1 will be ready for development in spring/summer 2023, whereas Parcels 2, 3 and 4 are not yet ready; and WHEREAS, the Developer has submitted a Final Map subdividing the original 51.3-acre parcel into two parcels and one remainder parcel; and
WHEREAS, the Developer has complied with Vallejo Municipal Code (VMC) Chapter 15.12.080 - Improvement agreements, which provides that prior to City Council approval of the Final Map, the Developer shall execute a subdivision improvement agreement (SIA) that ensures the completion of the subdivision improvements necessary to serve the subdivision and reiterates the obligations and conditions of approval for Waterstone will remain in effect; and
WHEREAS, the Developer has paid fees and submitted subdivision improvement bonds, provided for in the SIA, as related to the filing of the Final Map; and
WHEREAS, the final map, entitled “FINAL MAP OF FAIRVIEW AT NORTHGATE – PHASE 1” has been filed by Vallejo-Fairview Developers, LLC, a Delaware Limited Liability Company, for approval by the City Council, and it has been determined that said final map is in compliance with VMC 15.12.080 - Improvement agreements and VMC 15.12.120 - Approval process for final maps; and WHEREAS, the City Engineer and the City Surveyor have reviewed the Final Map and have determined it conforms to all the requirements of the Subdivision Map Act, the provisions of Title 15 of the Vallejo Municipal Code applicable at the time the Tentative Map was approved, and that it is in substantial compliance with the previously approved Tentative Map; and
WHEREAS, pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15628(b)(3), CEQA does not apply to the approval of a final map that is in substantial compliance with the previously approved tentative map because such action is ministerial.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo hereby finds that approval of the FINAL MAP OF FAIRVIEW AT NORTHGATE – PHASE 1 is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15628(b)(3).

BE IT FURTHER RESOLVED by the City Council of the City of Vallejo that the offers of dedication to the City of Vallejo as designated in said final map be the same are hereby accepted, subject to City Standard improvements.

BE IT FURTHER RESOLVED by the City Council of the City of Vallejo that said final map is hereby approved and placed in the custody of the City Clerk, and the City Clerk is directed to record or cause to be recorded the same in the office of the County Recorder of Solano County, California, provided that the signers of said map are the recorded owners of said property shown on said map at the time of recordation.

Adopted by the City Council of the City of Vallejo at a regular meeting held on February 28, 2023, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
BENEFICIARY'S ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL

WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA

COUNTY OF )
ON , 20 , BEFORE ME , A 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 BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON 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:

SIGNATURE:

PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL PLACE OF BUSINESS:

COMMISSION # OF NOTARY:

COMMISSION EXPIRES:

A SUBDIVISION OF THE LANDS OF VALLEJO-FAIRVIEW DEVELOPERS, LLC, BEING A PORTION OF THE LANDS DESCRIBED IN DEED DOCUMENT NO. ___________, AND SHOWN ON THE RECORD OF SURVEY FILED IN BOOK 30, OF MAPS AT PAGE 94,

SOLANO COUNTY RECORDS

FINAL MAP OF
OWNER'S ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL

WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA

COUNTY OF )
ON , 20 , BEFORE ME , A 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 SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR 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:

SIGNATURE:

PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL PLACE OF BUSINESS:

COMMISSION EXPIRES:

COMMISSION # OF NOTARY:

BENEFICIARY'S STATEMENT
THE UNDERSIGNED, FRANK TOLLER, AS SOLE TRUSTEE OF THE MELVIN D. COOKE TRUST U/A DATED NOVEMBER 20, 2012 AS BENEFICIARY AS CONTAINED IN OR DISCLOSED BY A DOCUMENT RECORDED ________________ AS DOCUMENT NO. ______________OFFICIAL RECORDS OF SOLANO COUNTY, CALIFORNIA, CONSENTS TO THE PREPARATION AND FILING OF THIS FINAL MAP , AND JOINS IN ALL OFFERS OF DEDICATION HEREIN.

FRANK TOLLER, AS SOLE TRUSTEE OF THE MELVIN D. COOKE TRUST U/A DATED NOVEMBER 20, 2012 BY: FRANK TOLLER, TRUSTEE

VALLEJO
INTERSTATE 80
HIGHWAY 37

COLUMBUS PKWY

TURNER PKWY

ASCOT PKWY REDWOOD PKWY

ADMIRAL CALLAGHAN LANE

VICINITY MAP
N.T.S.

PROJECT
SITE
OWNER'S STATEMENT:

THE UNDERSIGNED, DOES HEREBY STATE THAT WE ARE THE OWNERS OF ALL THE LAND DELINEATED AND EMBRACED WITHIN THE DISTINCTIVE BORDER OF THE HEREIN EMBODIED FINAL MAP ENTITLED "FINAL MAP OF FAIRVIEW AT NORTHGATE - PHASE 1", CITY OF VALLEJO, SOLANO COUNTY, CALIFORNIA CONSISTING OF FIVE (5) SHEETS, THIS STATEMENT BEING UPON SHEET ONE (1) THEREOF; AND CONSENTS TO THE PREPARATION AND FILING OF THIS MAP.

THE UNDERSIGNED, HEREBY DEDICATES, IN FEE FOR PUBLIC PURPOSES, TO THE CITY OF VALLEJO THE STREET DESIGNATED HEREIN AS ADMIRAL CALLAGHAN LANE AS PUBLIC ROADWAY, AS SHOWN ON THIS FINAL MAP.

THE UNDERSIGNED HEREBY DEDICATES TO THE CITY OF VALLEJO, THE EASEMENT DESIGNATED AS PUBLIC SERVICE

EASEMENT (PSE) FOR ANY AND ALL PUBLIC SERVICE PURPOSES INCLUDING ACCESS FOR SIDEWALKS, STORM DRAINAGE,

SANITARY SEWER, WATER, GAS, ELECTRIC, TELEPHONE AND TELEVISION FACILITIES, PUBLIC UTILITIES AND APPURTENANCES. THE RIGHTS FOR CONSTRUCTION, RECONSTRUCTION, ACCESS TO AND MAINTENANCE OF

IMPROVEMENTS AND STRUCTURES, WHETHER COVERED OR OPEN, AND THE CLEARING OF OBSTRUCTIONS AND VEGETATION.

THE ABOVE MENTIONED PUBLIC SERVICE EASEMENT (PSE) IS TO BE KEPT OPEN AND FREE FROM BUILDINGS AND

STRUCTURES OF ANY KIND EXCEPT SERVICE STRUCTURES AND RELATED APPURTENANCES THERETO, LAWFUL FENCES, AND ALL LAWFUL UNSUPPORTED ROOF OVERHANGS.

THIS MAP SHOWS OR NOTES ALL EASEMENTS OF RECORD, WITHIN THE BOUNDARY LINES OF THE HEREIN EMBODIED MAP.

VALLEJO-FAIRVIEW DEVELOPERS, LLC,

A DELAWARE LIMITED LIABILITY COMPANY
BY: LEWIS MANAGEMENT CORP.,

A DELAWARE CORPORATION - ITS MANAGER
BY: NAME:

ITS: AUTHORIZED AGENT
PUBLIC WORKS DIRECTOR'S STATEMENT:

I, MELISSA L. TIGBAO, PE, PUBLIC WORKS DIRECTOR, INTERIM CITY MANAGER OF THE CITY OF

VALLEJO, SOLANO COUNTY, STATE OF CALIFORNIA, DO HEREBY STATE THAT I HAVE EXAMINED THIS

FINAL SUBDIVISION MAP, THAT THE SUBDIVISION AS SHOWN HEREIN IS SUBSTANTIALLY THE SAME

AS IT APPEARED ON THE VESTING TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF,

AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA AND ORDINANCE NO. 1056 N.C. (2ND) OF THE ORDINANCES OF THE CITY OF VALLEJO APPLICABLE AT THE TIME OF APPROVAL OF SAID VESTING TENTATIVE MAP HAVE BEEN COMPLIED WITH.

DATE:_________________________________, 20
_______________________________________________ MELISSA L. TIGBAO, PE R.C.E. NO. 81694

PUBIC WORKS DIRECTOR OF THE CITY OF VALLEJO,

COUNTY OF SOLANO, STATE OF CALIFORNIA
STATEMENT OF THE COUNTY TAX COLLECTOR:

I, CHARLES LOMELI, COUNTY TAX COLLECTOR OF THE COUNTY OF SOLANO, STATE OF CALIFORNIA,

HEREBY STATE THAT ACCORDING TO THE RECORDS OF THIS OFFICE, THERE ARE NO LIENS AGAINST

THIS SUBDIVISION OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS NOT YET PAYABLE.

I ALSO STATE THAT A GOOD AND SUFFICIENT BOND TO THE BENEFIT OF SOLANO COUNTY HAS BEEN FILED IN THE AMOUNT OF $ , WHICH IS THE AMOUNT ESTIMATED BY THE

ASSESSOR OF SOLANO COUNTY AS BEING A LIEN, BUT NOT YET PAYABLE, FOR TAXES AND SPECIAL ASSESSMENTS AGAINST THE LAND CONSTITUTING THIS SUBDIVISION; AND THAT ALL CERTIFICATES REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE GOVERNMENT CODE HAVE BEEN FILED. THIS CERTIFICATE IS VOID AFTER FILE:

CHARLES A. LOMELI

COUNTY TAX COLLECTOR COUNTY OF SOLANO, STATE OF CALIFORNIA BY: DATE: , 20
DEPUTY
COUNTY RECORDER'S STATEMENT:

FILED AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY, AT .M. ON THE DAY OF , 20 , IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SOLANO, STATE OF CALIFORNIA. IN BOOK OF MAPS, PAGES INCLUSIVE, DOCUMENT NUMBER . FEE:

MARC TONNESEN

COUNTY RECORDER IN AND FOR THE COUNTY OF SOLANO, STATE OF CALIFORNIA

MARC TONNESEN

COUNTY ASSESSOR/RECORDER IN AND FOR THE

COUNTY OF SOLANO, STATE OF CALIFORNIA
CITY ENGINEER'S STATEMENT:

I, DANIEL A. SEQUEIRA, PE, CITY ENGINEER OF THE CITY OF VALLEJO, SOLANO COUNTY, STATE OF CALIFORNIA DO HEREBY STATE THAT I HAVE EXAMINED THE HEREON EMBODIED FINAL MAP; THAT

THE SUBDIVISION SHOWN UPON SAID FINAL MAP IS SUBSTANTIALLY THE SAME AS THAT APPEARING

ON THE VESTING TENTATIVE MAP ENTITLED, FAIRVIEW AT NORTHGATE, AND ANY APPROVED

ALTERATIONS THEREOF, THAT SAID FINAL MAP COMPLIES WITH ALL PROVISIONS OF THE SUBDIVISION MAP ACT OF THE GOVERNMENT CODE AND OF ORDINANCE NO. 1056 N.C. (2ND) OF THE CITY OF VALLEJO APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP.

DATE: ______________________________________,20 . DANIEL A. SEQUEIRA, PE R.C.E. NO. 67769

CITY ENGINEER, CITY OF VALLEJO,

COUNTY OF SOLANO, STATE OF CALIFORNIA
CITY CLERK'S STATEMENT:

I, DAWN G. ABRAHAMSON, CITY CLERK AND, CLERK OF THE CITY COUNCIL OF THE CITY OF VALLEJO,

COUNTY OF SOLANO, STATE OF CALIFORNIA, DO HEREBY STATE THAT THIS FINAL SUBDIVISION MAP WAS PRESENTED TO THE CITY COUNCIL OF THE CITY OF VALLEJO; THAT SAID COUNCIL DID BY ITS RESOLUTION NO. ON THE DAY OF , 2023, APPROVE SAID FINAL

SUBDIVISION MAP AND ACCEPT ON BEHALF OF THE PUBLIC, SUBJECT TO STANDARD CITY

IMPROVEMENTS, THE STREET DESIGNATED THEREON AS ADMIRAL CALLAGHAN LANE, OFFERED THEREBY FOR PUBLIC USE, THE PUBLIC SERVICE EASEMENT (PSE), DESIGNATED THEREON. .

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS ______TH DAY OF ___________________ , 20
DAWN G. ABRAHAMSON

CITY CLERK AND CLERK OF THE CITY COUNCIL OF VALLEJO,

COUNTY OF SOLANO, STATE OF CALIFORNIA
STATEMENT OF THE PLANNING DIVISION:

I, CHRISTINA RATCLIFFE, MANAGER OF THE PLANNING DIVISION OF THE CITY OF VALLEJO, COUNTY

OF SOLANO, STATE OF CALIFORNIA, DID EXAMINE THIS FINAL MAP, AND DID FIND SAID FINAL MAP ENTITLED “FINAL MAP OF FAIRVIEW AT NORTHGATE - PHASE 1” IS SUBSTANTIALLY THE SAME AS THE

VESTING TENTATIVE MAP, ENTITLED FAIRVIEW AT NORTHGATE, THEREOF APPROVED BY THE PLANNING DIVISION ON THE 7TH DAY OF NOVEMBER 2005 AND FURTHER DID DETERMINE THAT SAID

FINAL MAP CONFORMS WITH THE CHANGES PERMITTED AND ALL REQUIREMENTS IMPOSED AS A CONDITION TO ITS ACCEPTANCE, AND DO APPROVE THIS FINAL MAP.

DATE: , 20 . ________________________________________ CHRISTINA RATCLIFFE

PLANNING MANAGER

OF THE CITY OF VALLEJO, COUNTY OF SOLANO, STATE OF CALIFORNIA CITY SURVEYOR' STATEMENT:

I, FRANCIS JOSEPH KENNEDY, CITY SURVEYOR OF THE CITY OF VALLEJO, SOLANO COUNTY, STATE OF CALIFORNIA, DO HEREBY STATE THAT I HAVE EXAMINED THIS MAP ENTITLED "FINAL MAP OF FAIRVIEW AT NORTHGATE - PHASE 1" AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. __________ _________________________ _____________________ FRANCIS JOSEPH KENNEDY, R.C.E. NO 21771 DATE

CITY SURVEYOR, CITY OF VALLEJO,

SOLANO COUNTY, STATE OF CALIFORNIA

SOLANO COUNTY RECORDS

FINAL MAP OF
STATEMENT OF SOILS REPORT:

A SOILS REPORT ENTITLED "GEOTECHNICAL EXPLORATION" FAIRVIEW AT NORTHGATE VALLEJO, CALIFORNIA, REFERENCED AS FILE NO. 13495.000.000 AND DATED JANUARY 19, 2021, HAS BEEN PREPARED FOR THIS PROJECT BY ENGEO INCORPORATED, MARK GILBERT, GE. NO. 2191, AND IS ON FILE WITH THE CITY OF VALLEJO.

SURVEYOR' STATEMENT:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF VALLEJO-FAIRVIEW DEVELOPERS, LLC, IN DECEMBER, 2020. I HEREBY STATE

THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY

APPROVED VESTING TENTATIVE MAP ENTITLED, FAIRVIEW AT NORTHGATE, AND THAT THE SURVEY

IS TRUE AND COMPLETE AS SHOWN AND THAT ALL MONUMENTS WILL BE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED PRIOR TO THE LATER OF: DECEMBER 2023 OR THE

ACCEPTANCE OF THE IMPROVEMENTS, AND WILL BE SUFFICIENT TO ENABLE THIS SURVEY TO BE RETRACED, AND THAT THE GROSS AREA WITHIN THE FINAL MAP IS 51.3± ACRES, MORE OR LESS.

PREPARED BY
__________ _________________________ _____________________ IAN BRUCE MACDONALD, LS 8817 DATE
OMITTED SIGNATURES:

IN ACCORDANCE WITH SECTION 66436(a)(3)(A)(i) OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING HOLDERS OF EASEMENTS, WHICH CANNOT RIPEN INTO FEE, HAVE BEEN OMITTED:

1. PACIFIC GAS AND ELECTRIC: PER DOCUMENT RECORDED APRIL 11, 1930, IN BOOK 55 OFFICIAL RECORDS, PAGE 189, SOLANO COUNTY RECORDS.

2. VALLEJO SANITATION AND FLOOD CONTROL DISTRICT: PER DOCUMENT RECORDED NOVEMBER 17, 1972 IN BOOK 1789 OFFICIAL RECORDS, PAGE 674, SOLANO COUNTY RECORDS.

N75°31'42"W

3.64'
N89°23'51"W 2012.39' BNDY
(S89°30'05"E 2012.42' (R-1))
N26°55'52"E
487.18' BNDY
(N26°51'27"E
487.32' (R-1))
N89°12'49"W 1372.10' BNDY N0°48'36"E 1322.34' BNDY
N6°43'50"E 617.97'
N8°29'29"W

67.57' N36°12'57"W 165.97'
N21°33'09"W 225.55'
(S89°19'07"E (R-1))
(N0°48'52"E (R-3)) (N0°48'52"E (R-2)) (S0°42'34"W 1322.38' (R-1)) ROTARYWAY N0°41'56"E 596.96' S00°35'54"W 596.98' (R-1) N0°48'36"E 334.00' M-M (N0°48'52"E (R-2)) N0°48'36"E 245.01' (M) N89°11'24"W 101.18'
(N89°11'08"E 101.00' (R-2))
N0°48'36"E 9.00'
(N0°48'52"E (R-2))
N0°48'36"E 98.40' M-TIE
(N0°48'52"E (R-3))
N89°11'24"W 30.00'
(N89°11'08"E (R-2))
N0°48'36"E 354.00' M-TIE PARCEL 1

DESIGNATED REMAINDER
PARCEL 2
ADMIRAL CALLAGHAN LANE N64°47'25"W(R) N2°31'34"W 303.51' PARCEL 1

29.56±AC

DESIGNATED REMAINDER
R=939.00'
Δ=1°20'10"
L=21.90 BNDY
(Δ=1°17'48"
L=21.25' (R-1))
131.18' M-BNDY
(131.00 (R-3))(C)
R=320.00' Δ
=47°47'25"
L
=266.91' (R-3)
R=560.00'
Δ=6°36'16"
L=64.55'
(Δ=6°36'17"(R-3))
R=560.00'
Δ=12°00'00"
L=117.29'
(R-3)
N48°00'16"W
103.32'
(N48°00'00"W
(R-3))
R=200.00'
Δ=48°48'48"
L=170.39'
(Δ=48°48'52"(R-3))
N0°48'36"E 87.59'
(N0°48'52"E (R-3))

MONUMENT TIE
N89°11'24"W 135.34' M-BNDY
(N89°11'08"W 135.16'(R-3))(C) 125.13' (125.21' (R-3)) 589.20' (R-3)(C) 363.00' (R-3)(C)(N0°48'52"E 1077.41' (R-3)) SNF
(R-3)
SNF
(R-3)
N89°21'36"W 1383.89' (NO RECORD) 75.07' (75.00 (R-3)) 75.04' (75.00 (R-3)) R=939.00'
Δ=0°49'13"
L=13.44 BNDY
(Δ=0°53'38"
L=14.65' (R-1))
FD 1/2" REBAR

NO CAP NO
RECORD
N27°33'17"E
177.71'(R-4)
N27°37'46"E

38.53'
(N27°33'17E"

38.33',R-4)
R=615.97'
Δ=12°14'57"
L=131.69'
(R-4)
N16°42'12"E

39.72'
(R-4)
N26°57'32"E(R-4)
293.28'(TIE)
N89°23'51"W 90.06'
(BNDY-R/W TIE) (C)

MONUMENT TIE
1134.68'
984.09'
R=14080.00'
Δ=3°52'40"
L=952.94 BNDY
(Δ=3°52'31"
L=952.32' (R-1))

ADMIRAL

CALLAGHAN LANE

MONUMENT TIE TO

BASIS OF BEARINGS MONUMENT TIE TO BASIS OF BEARINGS

SOLANO COUNTY RECORDS

FINAL MAP OF
PARCEL 4

MONUMENT TIE BETWEEN

FOUND MONUMENTS IN

FOOTHILL DRIVE TO

BASIS OF BEARINGS
PARCEL 2 ADMIRAL CALLAGHAN LANE
R=939.00'
Δ=1°20'10"
L=21.90 BNDY
(Δ=1°17'48"
L=21.25' (R-1))
N89°23'51"W 2012.39' BNDY
N26°55'52"E
487.18' BNDY
(N26°51'27"E
487.32' (R-1))
N90°00'00"W 636.48' 273.47'
N6°43'50"E 617.97'
PARCEL 1 17.16±AC
PARCEL 1

DESIGNATED REMAINDER
R=14080.00' Δ=3°52'40" L=952.94 BNDY
R=936.00'
Δ=1°20'10"
L=21.83
N26°55'52"E 485.70'
R=14083.00'
Δ=3°04'36"
L=756.22 (T)
Δ=1°56'25" L=476.89' 1024.95' N2°31'34"W 303.51'

ADMIRAL CALLAGHAN LANE
N63°40'23"W(R)
3'
3'
3'
PARCEL 2
10' PSE
10' PSE
N26°55'52"E 487.18' BNDY

3.35'
N89°23'51"W 2012.39' BNDY
1024.95'
N26°55'52"E 485.70'
3'

SOLANO COUNTY RECORDS

FINAL MAP OF
PARCEL 1

ADMIRAL CALLAGHAN LANE
SEE SHEET 5
N89°12'49"W 1372.10' BNDY
N90°00'00"W 636.48'
N8°29'29"W 67.57'
N36°12'57"W 165.97'
N21°33'09"W 225.55' 30.04'
PARCEL 2

ADMIRAL CALLAGHAN LANE
N64°47'25"W(R) N2°31'34"W 303.51'
PARCEL 1

DESIGNATED REMAINDER
R=939.00'
Δ=0°49'13"
L=13.44 BNDY
(Δ=0°53'38"
L=14.65' (R-1))
R=14080. ' Δ=3°52'40" L=952.94
BNDY
224.91'

12.51'
R=928.00'
Δ=1°57'06"
L=31.61
R=14091.00' Δ=0°34'18" L=140.56' R=14083.00'
Δ=3°04'36"
L=756.22 (T)
R=93.50', N52°53'54"W(R)
Δ=1°08'11" L=279.33' 4.44±AC
PARCEL 2
N63°40'23"W(R)
R=14083.00', N64°48'34"W(R)
3'
3'
R=106.50'
Δ=18°19'21"
L=34.06'
R=93.50'
Δ=6°14'07"
L=10.18'

ADMIRAL CALLAGHAN LANE
10' PSE
10' PSE
N63°36'20"W(R)

0.14±AC

SOLANO COUNTY RECORDS

FINAL MAP OF
SEE SHEET 4

CONSENT CALENDAR 8.F.

DATE: March 28, 2023
TO: Mayor and Members of the City Council
FROM: Melissa L. Tigbao, Public Works Director
Dan Sequeira, P.E., City Engineer/Assistant Public Works Director SUBJECT: ADOPT A RESOLUTION ESTABLISHING THE LIST OF ROAD IMPROVEMENT PROJECTS TO BE SUBMITTED FOR SB 1 ROAD MAINTENANCE AND
REHABILITATION ACCOUNT FUNDING FOR FISCAL YEAR 2023/2024 AND FINDING

THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301(c) OF THE CEQA GUIDELINES - EXISTING

FACILITIES

RECOMMENDATION
Adopt a Resolution establishing the list of road improvement projects to be submitted for Senate Bill 1 (SB1) Road Maintenance and Rehabilitation account funding for Fiscal Year 2023-2024 and finding the action exempt from the California Environmental Quality Act (CEQA) pursuant to section 15301(c) of the CEQA Guidelines - Existing Facilities.

REASONS FOR RECOMMENDATION
A primary condition of the SB1 Gas Tax for local streets and roads repair is complete transparency and accountability of the fund used by the local community. The City of Vallejo's goal is to add the upcoming fiscal year's planned SB1 funded projects to the five-year Capital Improvement Plan (CIP) list of projects utilizing this additional road repair revenue.

This action would declare the City's intention to include the proposed SB1 project list in the Fiscal Year 2023- 2024 CIP budget.

BACKGROUND AND DISCUSSION
On April 28, 2017, Governor Brown signed Senate Bill No.1 (SB1), the Road Repair and Accountability Act of 2017, to increase the per gallon fuel excise tax charged at the point of purchase. On November 6, 2018, the citizens of the State of California voted to keep SB1 funding in place.

SB1 is intended to fund critical road maintenance, rehabilitation, and transportation safety projects on both state highways and local streets and roads. Based on the State Department of Finance's statewide revenue projections as of January 2023, the City of Vallejo expects to receive $3,109,583 in fiscal year (FY) 2023-2024 from SB1, in addition to the $3,595,911 projected Highway User Tax Account (HUTA or gas tax) revenues.

Collection of the additional gas excise tax began in November 2017, with monthly disbursements beginning in January 2018. Disbursements for FY 2023-2024 will begin in August 2023.

Purpose
This additional gas tax money may be used in any manner consistent with existing gas tax revenues - specifically basic road maintenance, rehabilitation projects and critical safety projects. Examples of typical uses include:

Date: March 28, 2023
Subject: ADOPT A RESOLUTION ESTABLISHING THE LIST OF ROAD IMPROVEMENT PROJECTS TO BE SUBMITTED FOR SB 1 ROAD MAINTENANCE AND
REHABILITATION ACCOUNT FUNDING FOR FISCAL YEAR 2023/2024 AND

FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301(c) OF THE CEQA

GUIDELINES - EXISTING FACILITIES

Page 2 ends

• Road Maintenance and Rehabilitation
• Safety Projects
• Railroad Grade Separations
• Complete Street Components
Additionally, wherever possible and when cost-effective, recipients are asked to consider:
• Technologies and material recycling which will lower greenhouse gas emissions • Electric and autonomous vehicle infrastructure
• Impacts from climate change and resiliency to impacts from fires, floods, and sea level rise • Complete Streets elements which improve bicycle and pedestrian facilities Requirements
Each agency receiving funding is required to provide a list of projects proposed to be funded with the new disbursements pursuant to an adopted budget. This report to the City Council serves that purpose and will ensure the City's compliance to receive its FY 2023-2024 funding allocation.

SB1 emphasizes accountability and transparency, and encourages the list of funded projects to include a nontechnical description written in a manner to allow the main objectives of the project to be clearly and easily understood by the public. Additional information is required, such as why the projects are high-priority and where the projects are located. The project descriptions must also include a proposed schedule for completion and an estimated useful life of the improvements. The Capital Improvement Project Sheets and their attachments include this information.

Another critical requirement of SB1 is that each city or county recipient continue to maintain a certain "level of effort" for street projects funded by the General Fund. The State requires that the City match the "Maintenance of Effort" *MOE), which is the average of the amount of General Fund moneies spent on these projects in FY's 2009-2010, 2010-2011, and 2011-2012. The City of Vallejo has an average MOE for these years of $905,103, which the City will continue to maintain through SB1 implementation.

Schedule
Each year, the City must prepare and submit the list of projects to be funded with SB1 Gas Tax funds to the California Transportation Commission (Commission). The deadlines for reporting these projects for the subsequent completed project reports are listed below:

May 1, 2023 Fiscal Year Project List due to Commission
August 2023 FY 2023-2024 Disbursement Begin
October 2023 Completed FY 2022-2023 Project Report due to Commission Proposed Projects
Date: March 28, 2023
Subject: ADOPT A RESOLUTION ESTABLISHING THE LIST OF ROAD IMPROVEMENT PROJECTS TO BE SUBMITTED FOR SB 1 ROAD MAINTENANCE AND
REHABILITATION ACCOUNT FUNDING FOR FISCAL YEAR 2023/2024 AND

FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301(c) OF THE CEQA

GUIDELINES - EXISTING FACILITIES

Page 3 ends

The projects the City proposed to utilize SB1 Gas Tax funds in FY2023-2024 are as follows:

Project Title: Street Section Staff Time (PWC109)
Project Description: Staff Allocation for work on potholes, striping, and crack sealing streets Project Location: Vallejo, CA
Estimated Project Schedule: 7/2023 -- 6/2024
Estimated Project Useful Life: 5 years
Project Title: Springs Road Improvements (PW9703, PW9708, PW9736) Project Description: Pavement rehabilitation; sidewalk, curb & gutter improvements; installation of ADAcompliant curb ramps Project Location: Springs Road between Rollingwood Drive and Curtis Drive, Vallejo, CA Estimated Project Schedule: 7/2020 -- 6/2024
Estimated Project Useful Life: 30 years
Project Title: Sacramento Street Road Diet Phase 2 (PW9728) Project Description: Reduce the number of lanes from four lanes down to two lanes; turning lanes and loop detectors at the traffic signals will also be rearranged Project Location: Sacramento Street between Tennessee Street and Frisbee Street Estimated Project Schedule: 7/2022 -- 6/2024
Estimated Project Useful Life: 15-20 years
Project Title: Redwood Street Road Diet (PW9731)
Project Description: Reduce the number of lanes from four lanes down to two lanes; turning lanes and loop detectors at the traffic signals will also be rearranged Project Location: Redwood Street between Tuolumne Street and Broadway Street, Vallejo, CA Estimated Project Schedule: 7/2020 -- 6/2024
Estimated Project Useful Life: 30 years
Project Title: Highway Safety Improvement Project (HSIP) Five Pedestrian Crossing Improvements (PW9735) Project Description: Installation of Rectangular Rapid-Flashing Beacons (RRFBs) for advanced pedestrian warnings and signs for street crossing enhancements
Project Location: Redwood Street at the unsignalized intersections of Foothill Drive, Valle Vista Ave, Fairview Ave, Howard Ave, and at the intersection of Solano Ave at Tuolumne Street / Virginia Street Estimated Project Schedule: 11/2019 -- 6/2024
Estimated Project Useful Life: 45 years
Project Title: Bay / Vine Trail Gap Closue (PW9802)
Project Description: Connecting the Bay Trail and the Vine Trail throughout the City of Vallejo by adding bicycle lanes to roadways, along with better crosswalks. Adding segments of Class I, II and IV bike lanes and trails along almost 5 miles of roadways plus pedestrian accessibility and safety elements.

Project Location: Vallejo Ferry Terminal to the Napa County Line along the State Route (SR) 37 between SR 29 and Sacramento Street.

Estimated Project Schedule: 11/2021 -- 6/2024
Estimated Project Useful Life: 45 years
Date: March 28, 2023
Subject: ADOPT A RESOLUTION ESTABLISHING THE LIST OF ROAD IMPROVEMENT PROJECTS TO BE SUBMITTED FOR SB 1 ROAD MAINTENANCE AND
REHABILITATION ACCOUNT FUNDING FOR FISCAL YEAR 2023/2024 AND

FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301(c) OF THE CEQA

GUIDELINES - EXISTING FACILITIES

Page 4 ends

Reporting and Auditing
With the goal of accountability and transparency, each fiscal year the City must report to the Commission a "Completed Project Expenditure Report" which clearly articulates the public benefit from the use of these funds. This report shall include the project description, project location, the amount of funds expended, the estimated useful life of the project and shall address efforts made to reduce greenhouse gas emissions, improvements to electric and autonomous vehicle infrastructure, climate change impacts, implementation of the complete streets program, and any other statutory requirements for each project completed in the previous fiscal year.

FISCAL IMPACT
There is no fiscal impact on the General Fund associated with the approval of this item. The proposed funding and budget appropriation for the SB1 Road Maintenance Capital Project Fund (#226) will be included in the FY 2023-2024 budget as follows:

Source REVENUE EXPENDITURE
Street Section Staff Time
(PWC109)
SB1 Appropriation (Fund 226) $300,000 $300,000
Springs Road Improvements
Projects (PW9703, PW9708,
PW9736)
(Presented on the SB1 website
as one project)
SB1 Appropriation (Fund 226) $1,000,000 $1,000,000
Sacramento Street Road Diet
Phase 2 (PW9728)
SB1 Appropriation (Fund 226) $50,000 $50,000
Redwood Street Road Diet
(PW9731)
SB1 Appropriation (Fund 226) $730,000 $730,000
Highway Safety Improvement
Program (HSIP) Five Pedestrian
Crossing Improvements
(PW9735)
SB1 Appropriation (Fund 226) $250,000 $250,000
Bay / Vine Trail Gap Closure
(PW9802)
SB1 Appropriation (Fund 226) $670,000 $670,000
TOTAL SB1 APPROPRIATION $3,000,000 $3,000,000
Date: March 28, 2023
Subject: ADOPT A RESOLUTION ESTABLISHING THE LIST OF ROAD IMPROVEMENT PROJECTS TO BE SUBMITTED FOR SB 1 ROAD MAINTENANCE AND
REHABILITATION ACCOUNT FUNDING FOR FISCAL YEAR 2023/2024 AND

FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301(c) OF THE CEQA

GUIDELINES - EXISTING FACILITIES

Page 5 ends

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 (c), Existing Facilities, for the maintenance and repair of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes).

ATTACHMENTS

1. RESO SB1 FY23-24 Project List_CAO Stamp

CONTACT
Melissa L. Tigbao, Public Works Director, (707) 648-4433 [email protected]
RESOLUTION NO. 23-______ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO ESTABLISHING THE LIST OF ROAD IMPROVEMENT PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 AND FINDING THE ACTION

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GUIDELINES SECTION 15301 – EXISTING FACILITIES
WHEREAS, Senate Bill No.1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was signed into law by the Governor in April 2017 to address the significant multimodal transportation funding shortfalls statewide; and WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of the City of Vallejo (“City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA) created by SB1, which list must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $3,109,583 in RMRA funding in Fiscal Year 2023- 2024 from SB1; and
WHEREAS, this is the seventh year in which the City is receiving SB1 funding. This funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, the repair and replacement of aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities and the project list; and WHEREAS, the City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City maintain and rehabilitate three major streets/ roads, improve ADA accessibility infrastructure throughout the City and a number of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “poor” condition and this revenue will help us increase the overall quality of our road system to bring our streets and roads into a “fair” condition over the next decade; and
WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits to our community and to the State.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Vallejo, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-2024 Road Maintenance and Rehabilitation Account revenues:

Project Title: Street Section Staff Time (PWC109)
Project Description: Staff Allocation for work on potholes, striping, and crack sealing streets
Project Location: throughout Vallejo, CA
Estimated Project Amount: $300,000
Estimated Project Schedule: 7/2023 -- 6/2024
Estimated Project Useful Life: 5 years
Project Title: Springs Road Improvements (PW9703, PW9708, PW9736) Project Description: Pavement rehabilitation; sidewalk, curb & gutter improvements; installation of ADA-compliant curb ramps
Project Location: Springs Road between Rollingwood Dr and Curtis Dr Estimated Project Amount: $1,000,000
Estimated Project Schedule: 7/2020 – 6/2024
Estimated Project Useful Life: 30 years
Project Title: Sacramento Street Road Diet Phase 2 (PW9728) Project Description: Reduce the number of lanes from four lanes down to two lanes; turning lanes and loop detectors at the traffic signals will also be rearranged Project Location: Sacramento Street between Tennessee Street and Frisbee Street Estimated Project Amount: $50,000
Estimated Project Schedule: 7/2022 -- 6/2024
Estimated Project Useful Life: 15-20 years
Project Title: Redwood Street Road Diet (PW9731)
Project Description: Reduce the number of lanes from four lanes down to two lanes; turning lanes and loop detectors at the traffic signals will also be rearranged Project Location: between Tuolumne Street and Broadway
Estimated Project Amount: $386,260
Estimated Project Schedule: 7/2020 – 6/2024
Estimated Project Useful Life: 30 years
Project Title: Highway Safety Improvement Project (HSIP) Five Pedestrian Crossing Improvements (PW9735)
Project Description: Connecting the Bay Trail and the Vine Trail throughout the City of Vallejo adding bicycle lanes to roadways along with better crosswalks. Adding segments of Class I, II and IV bike lanes and trails along almost 5 miles of roadways plus pedestrian accessibility and safety elements.

Project Location: Redwood Street at the unsignalized intersections of Foothill Drive, Valle Vista Ave, Fairview Ave, Howard Ave, and at the intersection of Solano Ave at Tuolumne Street / Virginia Street
Estimated Project Amount: $250,000
Estimated Project Schedule: 11/2019 -- 6/2024
Estimated Project Useful Life: 45 years
Project Title: Bay / Vine Trail Gap Closue (PW9802)
Project Description: Connecting the Bay Trail and the Vine Trail throughout the City of Vallejo adding bicycle lanes to roadways along with better crosswalks. Adding segments of Class I, II and IV bike lanes and trails along almost 5 miles of roadways plus pedestrian accessibility and safety elements.

Project Location: Vallejo Ferry Terminal to the Napa County Line along the State Route (SR) 37 between SR 29 and Sacramento Street
Estimated Project Amount: $670,000
Estimated Project Schedule: 11/2021 -- 6/2024
Estimated Project Useful Life: 45 years

3. This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines section 15301(c) because each listed project is for the maintenance and repair of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes).

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on March 28, 2023, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
ATTEST
ROBERT H. MCCONNELL, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.G.

DATE: March 28, 2023
TO: Mayor and Members of the City Council
FROM: Rekha Nayar, Finance Director
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT WITH INFOSEND TO PROVIDE WATER BILL PRINTING, MAILING AND

RELATED SERVICES

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a three-year agreement, with up to two oneyear extension options, with Infosend Inc. to provide water bill printing, mailing and related services, for an estimated cost of $225,000 per year and shall not exceed $1,125,000, over the five-year maximum contract period through June 30, 2028.

REASONS FOR RECOMMENDATION
In June 2023 the existing agreement to provide water bill printing and mailing services will expire. City staff conducted a Request for Proposal (RFP) process for continuation of the existing services, and to provide enhanced services and technology to meet the ever-changing needs of the City’s customers.

Infosend Inc. was selected as the top ranked proposer, and staff is recommending approval of an agreement with Infosend Inc. to provide these services for three years, with the option of two additional one year extensions, for a maximum 5 year term.

BACKGROUND AND DISCUSSION
This contract is for water bill printing and mailing services. The City of Vallejo has been using the services of Kubra America West Inc. since 2002. Because the existing contract will expire soon, the City conducted a competitive RFP process for water bill printing and mailing services along with enhanced services and technology in order to meet the needs of the City’s customers. The City received three responses. All vendors were expected to be able to comply with the full scope of service requirements. None of the proposals received were from local vendors.

FISCAL IMPACT
The total cost of these services is estimated to be approximately $225,000 per year and will not exceed $1,125,000 over the five-year maximum contract period. Funding for this agreement will be appropriated from the Water Fund as part of the annual budget process.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS

1. EXHIBIT A: InfoSend_Utility Billing Professional Services Agreement

2. RESOLUTION - Infosend
Date: March 28, 2023
Subject: ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT WITH INFOSEND TO PROVIDE WATER BILL PRINTING, MAILING

AND RELATED SERVICES

Page 2 ends

CONTACT
Rekha Nayar, Finance Director, (707) 648-5433
[email protected]
InfoSend, Inc. Consultant and Professional Services Agreement Page 1 of 12

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 8th day of February, 2023, by and between the City of Vallejo, a municipal corporation ("City"), therein referred to as “City”, and InfoSend Inc, a California corporation, therein referred to as “Consultant”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”

2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.

3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.

The provisions of this section shall survive the expiration or termination of this Agreement.

EXHIBIT A
InfoSend, Inc. Consultant and Professional Services Agreement Page 2 of 12

5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.

6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.

7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.

8. Independent Contractor. Consultant is an independent contractor.

Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.

9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of InfoSend, Inc. Consultant and Professional Services Agreement Page 3 of 12 whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.

10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.

11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.

Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.

Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.

Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.

InfoSend, Inc. Consultant and Professional Services Agreement Page 4 of 12

12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.

In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.

13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

14. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.

The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant.

Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

15. Consultant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.

16. Term. The term of this Agreement shall commence on July 1, 2023 and shall continue in full force and effect until June 30, 2026.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not InfoSend, Inc. Consultant and Professional Services Agreement Page 5 of 12 exceed five (5) years.

If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.

If funds to affect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation, therefore.

17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.

Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered. Which shall include any custom forms or envelopes purchased by Consultant on behalf of the City of Vallejo.

The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations, and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft InfoSend, Inc. Consultant and Professional Services Agreement Page 6 of 12 Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.

20. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.

If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.

The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.

21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

22. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.

InfoSend, Inc. Consultant and Professional Services Agreement Page 7 of 12 Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.

In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.

Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.

23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City:

Rekha Nayar
Finance Director
555 Santa Clara Street
Vallejo, CA 94590
If to Consultant:

Russ Rezal
InfoSend Inc.
4240 E. La Palma Ave.

Anaheim, CA 92807
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written InfoSend, Inc. Consultant and Professional Services Agreement Page 8 of 12 understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.

25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach, or condition precedent or any other right hereunder.

28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.

30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

31. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

32. Confidentiality; Software Use and Warranty; Records. a. As used herein, the term “proprietary information” means all information, techniques, processes, services or material that has or could have commercial value or other utility in Consultant’s Business, including without limitation: Consultant’s (i) software, computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; (iii) desktop or web-based software; (iv) audit, tax or fee InfoSend, Inc. Consultant and Professional Services Agreement Page 9 of 12 collection/administration or business processes, methods or routines; (v) marketing plans, analyses and strategies; and (vi) materials, techniques and intellectual property used. Except as otherwise required by law, City must hold in confidence and may not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by City in connection with this Agreement.

The terms of this Section 32(a) do not apply to any information that is public information.
b. If access to any software which Consultant owns is provided to City as part of this Agreement (including, without limitation, if City chooses to subscribe to such software and reports option as part of the Services) (such Consultantowned software is, collectively, the “Software”), Consultant hereby provides a limited, non-exclusive, non-transferable license to City for the use by such of City’s staff as may be designated from time to time by City and approved by Consultant in writing to use the Software pursuant to and during the Term of this Agreement. The Software must only be used by such authorized City staff, and City must not sublicense, sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software. The license granted hereunder does not imply ownership by City or any of City’s staff of the Software nor any rights of City or any of City’s staff to sublicense, transfer or sell the Software, or rights to use the Software for the benefit of others. Upon termination of this Agreement or this Software license, this Software license will be deemed to have expired and City must immediately deactivate, cease using and remove, delete and destroy all the Software (including, without limitation, from City’s computers and network).

Consultant warrants that the Software will perform in accordance with the Software’s documentation.
c. Subject to applicable law, Consultant is responsible for retaining all final documents and other final work product related to the Services for a period of not less than three (3) years from the date provided to City. Retention of any other documents, preliminary drafts, communications and any and all other work product provided to City by Consultant is the responsibility of City.

Consultant has no responsibility to retain any drafts, notes, communications, emails or other writings created or received by City in the course of performing the Services (other than the final documents and other final work product related to the Services and provided to City for the term of years referenced above).
d. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of InfoSend, Inc. Consultant and Professional Services Agreement Page 10 of 12 services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law. Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential. A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief. Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.

33. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.

34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.

35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.

Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.

37. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.

38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments InfoSend, Inc. Consultant and Professional Services Agreement Page 11 of 12 [SIGNATURES ON FOLLOWING PAGE]
InfoSend, Inc. Consultant and Professional Services Agreement Page 12 of 12 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

InfoSend, Inc.
a California corporation
By:

Russ Rezal
President
DATE:

Business License Number
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Michael Malone
City Manager
DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Rekha Nayar
Finance Director
APPROVED AS TO FORM:

Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:

Armand Sarkis
Risk Manager
InfoSend, Inc. Consultant and Professional Services Agreement

EXHIBIT A

SCOPE OF WORK

1. Representatives. The City Representative for this Agreement is:

Rekha Nayar
Finance Director
555 Santa Clara Street
Vallejo, CA 94590
(707) 648-5433
The Consultant’s Representative for this Agreement is:

Russ Rezal
InfoSend Inc.
4240 E. La Palma Ave.

Anaheim, CA 92807
(714) 993-2690
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.

2. Services to be Provided. The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.

3. Time for Performance. Consultant will perform the services according to the schedule contained in Attachment 1 of Exhibit A. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Consultant will complete all services by June 30, 2026

4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.

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Exhibit A - Scope of InfoSend Primary Services
This Exhibit A is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the ) between InfoSend, Inc. ) and City of Vallejo ( ). This Exhibit A provides the Services which InfoSend, and/or its Affiliate(s), To
the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement. vice name.

Any Primary Services not selected prior to the execution of this Agreement can be added at a later date via an Agreement Amendment. : During the term of this Agreement, InfoSend will
provide data processing, printing and mailing services. The Service consists of processing data, printing documents, mail preparation, applying postage (where applicable) and sending via the United States Postal Service. Document types include but are not limited to bills, postcards and letters.

During the term of this Agreement InfoSend will provide eBusiness Services. These services can include presenting bills online and/or accepting and reporting payment transaction information to facilitate ACH and/or credit card payments via web, Interactive-Voice-Response (IVR), SMS, or Bank Billpay (e-Lockbox).

Section 1. Data Processing, Printing and Mailing (DPPM) Service Description A. Data Transfer and Processing
Client to transmit data to InfoSend in an agreed upon format. Should Client make changes to data file format after initial setup is complete, it agrees to pay for the professional services required to accommodate the new file format. See Exhibit C Professional Services for information on initial setup and ongoing programming changes.

Client will monitor transfer confirmation emails to ensure InfoSend is in receipt of the data. Client acknowledges that InfoSend will not be responsible or liable for any transferred data which does not result in a confirmation receipt to Client.

A File Transfer Report will be emailed to the Client representatives who have opted-in to this email. A copy of this report is also available to download from the InfoSend website.

Client will have access to an online Job Tracking application that shows the progress of each file as it is processed and becomes a batch of documents to be printed and mailed. Client can see both the original input file name and the InfoSend-assigned InfoSend will process the mailing addresses and perform the following functions:
o Apply CASS-certified address validation
o Comply with USPS requirements to obtain pre-sort automation rates for qualified client mail pieces o Stay current with all USPS regulations required to mail presorted first-class mail InfoSend will optionally provide proofs of the final print-ready PDF files to Client to be reviewed and approved before printing begins (if requested).

B. Document Printing and Mailing
Batches are printed by InfoSend using a high-speed production process onto the agreed upon forms.

Printed documents are put through a quality control process and then released to the mailing department to be inserted into outgoing envelope. A return envelope and any applicable inserts are included as defined by client workflow.

Confirmation Report will be emailed to the Client representatives who have opted-in to this email. A copy of this report is also available to download from the InfoSend website.

Section 2. eBusiness Service Description
A. General System Description
Mobile-Ready Customer Engagement: all products are mobile compatible out of the box, with no app store downloads required of customers. Powered by InfoSend's CCM platform, customer specific messaging and payment reminders are delivered electronically.

Attachment to Exhibit A
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Multi-Channel Payment Collection: InfoSend's payment platform will consolidate web, telephone, SMS, CSR, in-person EMV and bank payments into a single lockbox file.

One-Time and Automatic Payments: allow customers to quickly make a one-time payment, as well as sign up to have their payment account auto debited with each billing cycle.

Bill Notification and Presentment: notify customers via email when a new bill is available, and securely deliver exact replica of printed document to customers inbox or show online via the secure portal.

Interactive Voice Response (IVR): accept customer payments via automated phone service with InfoSend-hosted phone number, enabling client phone systems to redirect customers with ease.

SMS Text-to-Pay: enrolled customers may opt in to receive text notifications of new bills, and reply to have the registered payment method drafted for the amount due, speeding up the time to payment.

Bank Payments (MasterCard RPPS): InfoSend can collect payments made via the customer bank and include them within the lockbox file.

PCI-Compliant Cloud Based Solution: electronic billing and payment related products hosted in the cloud by InfoSend in a secure PCI-Level 1 compliant environment.

B. Data Transfer and Processing
Client to transmit data to InfoSend in an agreed upon format, using the Data Transfer and Processing workflow described in Section 1.

Client acknowledges that InfoSend will not be responsible or liable for any transferred data which does not result in a confirmation receipt to Client.

Data loaded into the eBusiness system is used to facilitate accurate payments via Web, IVR, SMS or Bank BillPay.

C. Customer Enrollment and Bill Notification
Data loaded into the system will be used to facilitate customer enrollment, using two pieces of information specific to the customer bill.

For enrolled customers, system will send a notification of the new bill available via email.

For enrolled customers who have opted in, system will send an SMS alert.

For customers using the IVR system, bill information will be dictated by text to voice.

For customers paying via Bank BillPay, the account number can be validated by the system prior to accepting payment.

The system may optionally be configured to display a PDF replica of the bill image.

D. Customer Payment and Reporting
Customers can make payment via Web, SMS, IVR or Bank BillPay, depending on channels which Client has requested InfoSend setup.

Payments can be configured to allow Users to pay by bank account and/or credit/debit card.

Attachment to Exhibit A
InfoSend, Inc. Consultant and Professional Services Agreement Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, a total not to exceed One Million One Hundred TwentyFive Thousand Dollars and 00 Cents ($1,125,000.00).

Consultant shall notify City in writing no later than thirty (30) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.

B. Additional Services:

1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.

2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.

2. Appropriate Billable Hourly Rates for Services and Additional Services. Consultant’s billable rates are outlined in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.

3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

4. Payments to Consultant.

InfoSend, Inc. Consultant and Professional Services Agreement Exhibit B - Compensation
A. Payments to Consultant shall be made within 30 days after receipt of Consultant’s invoice, said payments to be made in proportion to services performed. Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Consultant shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice (Itemize all Reimbursable Expenses”)

7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.

Billings that do not conform to the format outlined above shall be returned to Consultant for correction. City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.

D. Request for payment shall be sent to:

Rekha Nayar
Finance Director
555 Santa Clara Street
Vallejo, CA 94590
[email protected]

5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice.

The obligations of Consultant under this section shall survive this Agreement.

6. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, InfoSend, Inc. Consultant and Professional Services Agreement Exhibit B - Compensation
and shall provide City with proof of such payments upon request.

7. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.

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Exhibit B - InfoSend Fees
This Exhibit B is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the ) between InfoSend, Inc. ( ) and City of Vallejo ( ). This Exhibit B provides the Fees which InfoSend shall bill to Client in exchange for Services. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement.

Section 1. Price Escalations to InfoSend Fees
InfoSend may adjust the InfoSend Fees once every twelve (12) months to account for increases in the cost of materials, labor, and other overhead costs. InfoSend reserves the right to increase InfoSend Fees on a yearly basis (starting with the first anniversary of the Agreement date). The Client will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Fees are changed, unless other terms or conditions of the Agreement have changed. Postage fees can change at any time per USPS regulations and do not require an amendment to the Agreement.

In addition to this, if Client uses the Printing and Mailing Service, it accepts that InfoSend reserves the right to pass on any extraordinarily high increases to the cost of forms or envelopes at any time. The Client will be notified, in writing, at least thirty (30) days prior to such price increase.
l continuous
volume and/or recurring frequency deviate by more than thirty percent (30%) from what Client has represented to InfoSend in Section 2 below, then InfoSend reserves the right to invalidate the Fees listed in this Agreement. Should this situation arise then InfoSend will notify Client immediately and negotiate with Client in good faith to pass on any increased costs to Client, in accordance with actual Client and Client User transactional usage. Should InfoSend and Client fail to agree upon updated Fees, InfoSend reserves the right to term
Section 2. Client Representations
Client Volume Representations
Customers Contacted or Billed Monthly
20,000 Currently Printed (Bimonthly Residential Billing, Monthly Commercial Billing) Increasing to 35,000 with AMI Project Completion and Monthly Residential Billing Number of Batches Monthly
Weekly Utility Statement Batches
Custom Materials and Monthly Volumes
20,000 Custom #10 & Custom #9 Envelopes Quoted
Attachment to Exhibit B
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Section 3. DPPM Fees:

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Attachment to Exhibit B
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Section 3.1. Custom Forms/Envelopes
If Client has selected the Printing and Mailing Service and at any time requests that InfoSend Fees include the cost of custom Clientspecific materials (either in this Agreement or since its execution), then Client understands and accepts that these materials will be purchased in bulk to achieve the lowest possible per-unit cost. Client agrees to purchase any remaining supplies of requested custom to purchase the remaining
ed.

Section 3.2. USPS Postage Rates
Postage rates are determined by the United States Postal Service. All postage rate changes are determined directly by USPS and are independent of any InfoSend service or materials fees. In no event shall any change in the postage rates affect the InfoSend service or materials fees. The Client will be invoiced the amount of excess for overweight and foreign mail.

Section 3.3. Postage Deposit
InfoSend purchases the postage needed to mail Client documents on the day of mailing. The postage charges are later invoiced to quires Client to submit a postage deposit prior to the first mailing to facilitate the payment terms. This amount will remain in deposit for the duration of the Agreement. Upon Agreement expiration or termination Client must pay in full any outstanding invoices from InfoSend for payables created under this Agreement; the postage deposit will be refunded within fifteen (15) days of the date that the last open invoice is paid.

The postage deposit is subject to an annual review and may be adjusted to account for changes to Client average mailing volume or changes to USPS postage rates. There will be no more than one adjustment requested per year, if at all.

The postage deposit amount is calculated by multiplying the estimated number of mail pieces per month by the current 5-Digit presorted first class postage rate. The postage deposit amount due for your account is:
20,000 mail pieces per month x $0.471 = $9420.00
Attachment to Exhibit B
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Section 4. eBusiness Service Fees:

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Section 5. Client Go-Live and Fees
InfoSend will provide Client with a Demo instance of the System to approve configuration and simulation of Services. Upon Client approval of the Demo instance of the System and sample outputs from Services, InfoSend will create a copy of Demo System in Production for completion of final User Acceptance Testing (UAT). Client will be given the UAT Period to complete internal testing prior to initiating Go-Live. All Setup and recurring Monthly Fees will become due upon the sooner of (a) Client Go-Live with the application or (b) 60 days from InfoSend delivery of Production System for UAT.

Section 6. Implementation Project Cost Subsidization:
omplete the project is higher than the Setup fees given. InfoSend has subsidized these fees by factoring in years of service given the term of the Agreement. Should Client cancel the project or terminate the Agreement at its convenience less than one (1) year from the Effective Date then it must pay according to the below:

DPPM Setup Fee: No charge for Express PDF Setup Input files or $2,500 for Data-Only Input Files EBPP Setup Fee:

Attachment to Exhibit B
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Exhibit C Professional Services
This Exhibit C is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the ) between InfoSend, Inc. ( ) and City of Vallejo ( ). This Exhibit C InfoSend shall bill to Client in exchange for Professional Services. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement.

Section 1. Price Escalations to InfoSend Professional Services Fees InfoSend Professional Services Fees can be adjusted once every twelve (12) months to account for increases to the cost of providing these services. InfoSend reserves the right to increase Professional Services Fees on an annual basis, starting with the first anniversary of the Agreement date, if needed. The Client will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Professional Services Fees are changed, unless the terms or conditions of the Agreement have changed.

Section 2. Definition of Professional Services
InfoSend Professional Services are the technical services that are required to perform the initial setup of the InfoSend Primary Services defined in Exhibit A and the technical services required to make changes to these Primary Services after the initial setup is complete.

Once any Primary Service is live and operational Professional Services will not be required unless Client requests a change or makes ng.

Examples of InfoSend Professional Services:

Project requirements gathering and analysis hours
Project management and/or consulting hours
Software development and system configuration hours related to document design, web portal setup, business rule configuration, or any other applicable technical services Application testing and deployment hours
Section 3. Professional Services Fee and Process for Approval and Payment of Fee The current Professional Services Fee is $175.00 per hour. In the event that a project will incur billable Professional Services hours, Client will be informed before work begins. InfoSend and Client will execute a Statement of Work for the project that Client wants InfoSend to undertake. The payment terms for the project depend on the size and scope of the project. The Statement of Work can include payment terms that are different than the terms listed in this Agreement for InfoSend Fees, otherwise these terms will apply and the project fees will be invoiced upon project completion. Small projects that incur less than five (5) hours of Professional Services can be initiated without a Statement of Work if Client accepts and executes a Programming Quote for this work.

Any project that will take more than five (5) hours of Professional Services work will require both parties to execute a formal Statement of Work. Depending on the nature of the work required, InfoSend will provide one of the following quotation methods:

Fixed Quote a fixed project cost will be set. InfoSend may elect to waive this cost in some circumstances. Client understands and accepts that it must accept the terms and conditions of the Statement of Work for the project and that changes made to the project requirements, data file structure, etc., after the Statement of Work and any amendments to it have been finalized will require Client to pay for these changes on a Time and Materials basis. Client will be notified immediately if this scenario arises and will be given an option to keep the original project specifications to keep the fixed quote in place.

Time and Materials Quote
project, then InfoSend will provide an estimated number of hours to complete the project and bill the hours on a Time and Materials basis. The Statement of Work will include the terms and conditions for these project types and Client will be invoiced weekly for the hours spent on the project.

Section 4. Initial Setup Cost: InfoSend Primary Services The Initial Setup cost for the InfoSend Primary Services selected in Exhibit A are listed in Exhibit B. These costs have been provided using a Fixed Quote process, explained in Section 3 above. Client understands and agrees to these terms, and to the project-specific Attachment to Exhibit B
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ments and
data types.

Attachment to Exhibit B
InfoSend, Inc. Consultant and Professional Services Agreement Exhibit C – Insurance Requirements

EXHIBIT C

INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the 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 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 the Consultant under this agreement.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.

C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).

2. Minimum Limits of Insurance. Consultant shall maintain limits no less than:

A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit B – Compensation - Attachment 1
C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed Request for Waiver of Workers’ Compensation Insurance Form which may be obtained from the City prior to commencing any activity authorized hereunder.

D. Professional Liability (Errors and Omission): Insurance appropriates to the Consultant’s profession with $1,000,000 combined single limit per occurrence, and annual aggregate.

3. Deductible and Self-Insured Retention (SIR). Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. All SIRs must be disclosed to the City’s Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

4. Other Insurance Provisions.

A. Additional Insured Endorsements: The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. Additional Insured endorsements with respect to General Liability, Auto and Umbrella/Excess Insurance shall be attached to the Certificate of Insurance presented to the City.

B. 30 Days’ Notice of Cancellation Endorsements: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

C. Waiver of Subrogation Rights Endorsement: The workers’ compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement. The waiver of subrogation rights endorsement in favor of the City of Vallejo shall be attached to the Certificate of Insurance.

D. The limits of Insurance required in this agreement may be satisfied by a Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit B – Compensation - Attachment 1
combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured.

E. The insurance coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

F. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

G. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

H. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

5. Acceptability of Insurers. The insurance is to be issued by companies licensed to do business in the State of California. The insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. The City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein.

8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH INFOSEND LLC. FOR WATER BILL PRINTING AND MAILING RELATED SERVICES FOR AN AMOUNT NOT-TO-EXCEED $1,125,000.

WHEREAS, the City of Vallejo Finance Department (“Department”), seeks to contract water bill printing and mailing services; and
WHEREAS, the Department has been using the services of Kubra America West Inc. since 2002 and the existing contract will expire soon, and
WEAREAS, Vallejo Municipal Code section 3.20.050 requires City Council approval to spend amounts in excess of $100,000 for any single vendor in a fiscal year; and WHEREAS, Municipal Code section 3.20.080 requires a competitive process for the purchase of services in excess of $100,000 for a single vendor in a fiscal year; and WHEREAS, staff prepared and circulated a Request for Proposals for Water Bill Printing and Mailing Services; and
WHEREAS, staff determined that the proposal that best meets the needs of the City is the proposal from Infosend LLC; and
WHEREAS, the cost of water bill printing and mailing services is estimated at $225,000 annually, for a total not to exceed amount of $1,125,000; and WHEREAS, the contract term is for three years with the option of two one-year extensions, for a maximum term of no more than five years;
WHEREAS, Infosend LLC is well qualified, willing and able to provide all necessary water billing printing and mailing services
NOW, THEREFORE, BE IT RESOLVED:

The City Council hereby authorizes the City Manager to execute the Printing and Mailing Services Agreement with Infosend LLC, attached hereto as Exhibit A, in an amount not to exceed $1,125,000.

Adopted by the City Council of the City of Vallejo at a regular meeting held on March 28, 2023 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: ________________________________
DAWN G. ABRAHAMSON, CITY
CLERK
CONSENT CALENDAR 8.H.

DATE: March 28, 2023
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Public Works Director
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR

FUNDING FROM THE METROPOLITAN TRANSPORTATION COMMISSION,

COMMITTING ANY NECESSARY MATCHING FUNDS, AND STATING ASSURANCE TO

COMPLETE PHASE II OF THE SACRAMENTO STREET ROAD DIET PROJECT

RECOMMENDATION
Adopt a resolution authorizing the filing of an application for funding to the Metropolitan Transportation Commission (MTC) for the allocation of One Bay Area Grant Cycle 3 (OBAG3) funding, committing any necessary matching funds, and stating assurance to complete Phase II of the Sacramento Street Road Diet Project.

REASONS FOR RECOMMENDATION
The City applied for OBAG3 funding through Solano Transportation Authority (STA) and was recommended for funding in the amount of $850,000 for the PW9728: Sacramento Street Road Diet Phase II Project. STA submitted a coordinated, county-wide claim to MTC. MTC requires local agencies to adopt a resolution authorizing the filing of the grant application along with committing all necessary matching funds and providing assurance to complete the project in order to receive allocations of Transportation Development Act Article 3 (TDA3) funds.

BACKGROUND AND DISCUSSION
The Public Works Department is looking to fully fund Capital Improvement Project (CIP) PW9728: Sacramento Street Road Diet Phase II, which went to the Planning Commission on September 19, 2022, and was confirmed to conform with the City’s General Plan. The project will implement Road Diet improvements (reduced lanes, adding buffered bike lanes, pedestrian crossing improvements) along Sacramento Street between Tennessee and Frisbee Streets. Staff previously applied for $75,000 in TDA3 funds, which have been secured. Upon approval of the attached resolution, staff will apply for $850,000 in One Bay Area Grant 3 (OBAG3) funds through STA and MTC. An allocation of $50,000 in matching City funds is required for a total project budget of $975,000. STA recommended the project for both TDA and OBAG funds. Construction of the project’s roadway, accessibility, bike, and pedestrian improvements are eligible to be funded with OBAG3 project funding.

ONE BAY AREA GRANT
The One Bay Area Grant program is the policy and programming framework that MTC uses for allocating federal Surface Transportation Program (STP), Congestion Mitigation and Air Quality (CMAQ) funding, and other discretionary funding, to improve transportation throughout the San Francisco Bay Area. MTC established the OBAG program in 2015 to strengthen the connection between transportation investments and regional goals for focused growth in Priority Development Areas (PDAs), affordable housing, safety, and climate change. This is the third cycle of MTC receiving applications, evaluating applications, and awarding grants.

The STA works with the MTC to administer the OBAG application process, including review and evaluation of Date: March 28, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR

FUNDING FROM THE METROPOLITAN TRANSPORTATION COMMISSION,

COMMITTING ANY NECESSARY MATCHING FUNDS, AND STATING ASSURANCE

TO COMPLETE PHASE II OF THE SACRAMENTO STREET ROAD DIET PROJECT

Page 2 ends

applications from Solano County jurisdictions, and providing MTC with a coordinated submittal of prioritized applications. STA and its Bicycle and Pedestrian Advisory Committees (BAC/PAC) evaluated all applications and prioritized the most competitive applications for submittal to MTC. The City’s project was recommended for funding, and on September 14, 2022, the STA board approved the prioritized list which was sent to MTC.

MTC evaluated all applications from the Bay Area and the MTC board adopted its OBAG3 funding recommendations on January 25, 2023, which included the City’s project. To finalize the grant approval process, the City must now adopt the attached resolution confirming the Council’s commitment to fund and deliver the Project and comply with various regulations. The obligation deadline for OBAG3 funds is January 31, 2027, which is well past our expected project delivery timeline.

NEXT STEPS:

Staff will submit the approved resolution to STA as required and work with STA staff to satisfy any MTC requirements to secure allocation of the OBAG3 funds, including executing any needed funding agreements.

FISCAL IMPACT
This action does not have any fiscal impact. The Public Works FY 2023-24 CIP budget will include the approved TDA3 and OBAG3 grants as revenue and expenditure budgets along with proposed local funds in the PW9728: Sacramento Street Road Diet Phase II Project.

ENVIRONMENTAL REVIEW
Environmental review pursuant to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) will be completed following the full design of the project. Staff expects a NEPA compliance determination of Categorical Exclusion (CE) under 23 CFR 771.117 (c)(3), as it involves the construction of bicycle and pedestrian lanes, paths, and facilities and thus does not involve significant environmental impacts. Staff expects a CEQA compliance determination of Categorical Exemption (CE) pursuant to the CEQA Guidelines Section 15301(c), because it involves alterations such as bicycle lanes and transit improvements such as pedestrian crossings, among others, that do not create additional automobile lanes. Compliance certifications will be filed with the Solano County Clerk following design completion and prior to construction.

ATTACHMENTS

1. RESO MTC Application PW9728 Sacramento St Road Diet 3.28.23

CONTACT
Melissa Tigbao, Public Works Director, (707) 648-4433
[email protected]

Page 1 of 4 ends

RESOLUTION NO. 23- ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE

FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO THE METROPOLITAN

TRANSPORTATION COMMISION AND COMMITTING ANY NECESSARY MATCHING

FUNDS AND STATING ASSURANCE TO COMPLETE PHASE II OF THE SACRAMENTO STREET ROAD DIET PROJECT (PW9728)
WHEREAS, the City of Vallejo (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $850,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Sacramento Road Diet Phase II project (herein referred to as PROJECT) for the One Bay Area Grant Cycle 3 program (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region;

Page 2 of 4 ends

and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its City Manager, or designee, to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED that APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds; and BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by

Page 3 of 4 ends

APPLICANT; and
BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and
BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and
BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
BE IT FURTHER RESOLVED that APPLICANT authorizes its City Manager or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and
BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

Adopted by the City Council of the City of Vallejo at a regular meeting held on March 28, 2023 with the following vote:

AYES:

NOES:

ABSENT:

Page 4 of 4 ends

____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.I.

DATE: March 28, 2023
TO: Mayor and Members of the City Council
FROM: Chirsitna Ratcliffe, AICP
Planning and Development Services Director
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT GRANT

APPLICATIONS UNDER THE PLANNED DEVELOPMENT AREA GRANT PROGRAM IN THE AMOUNT OF $1,400,000 TO AMEND THE DOWNTOWN AND WATERFRONT SPECIFIC PLANS AND AUTHORIZING THE CITY MANAGER TO COMMIT UP TO $500,000 IN

MATCHING FUNDS FROM THE AMERICAN RESCUE PLAN ACT

RECOMMENDATION
Adopt a resolution authorizing the City Manager to submit grant applications under the Planned Development Area Grant Program in the amount of $1,400,000 to amend the Downtown and Waterfront Specific Plans and authorizing the City Manager to commit up to $500,000 in matching funds from the American Rescue Plan Act.

REASONS FOR RECOMMENDATION
The Waterfront and Downtown Specific Plans are outdated. These grants will help update the City's plans and streamline future development.

BACKGROUND AND DISCUSSION
On December 20, 2022, the City Council authorized up to $500,000 in American Rescue Plan Act (ARPA) funds to amend the Downtown and Waterfront Specific Plans (up to $250,000 each) and improve the economic vitality and walkability of these vital areas. While the ARPA funding is a start, it is not enough to complete these important amendments and the associated environmental review. Staff have been looking for opportunities to complete this funding gap, and the Planned Development Area (PDA) grants presented an ideal opportunity.

In 2007, the City of Vallejo established the Downtown and Waterfront as a Priority Development Area (PDA).

The Priority Development Area (PDA) Program is a voluntary partnership between local governments, the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG).

Through the PDA program, local governments identify areas envisioned for future housing and job growth that are served by transit. Bay Area cities have nominated 218 PDAs since 2007.

PDAs facilitate coordinated regional planning for future growth and transportation investment. In addition to shaping the location of anticipated growth and major transit investments, PDAs receive a dedicated share of funding for local planning and for transportation improvements such as complete streets, bikeways, and parking programs. This is reflected in Plan Bay Area 2050, the region’s current long-range land use and transportation plan.Vallejo's Downtown and Waterfront PDAs are implemented through the Downtown Specific Plan and the Waterfront Specific Plan, respectively.

In December 2022, MTC released a Call for Projects for PDA Planning Grants open to local governments with one or more PDA. To date, these grants have funded more than 80 plans and a wide range of technical assistance. This round of funding supports three types of planning activities:

Date: March 28, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT GRANT

APPLICATIONS UNDER THE PLANNED DEVELOPMENT AREA GRANT PROGRAM IN THE AMOUNT OF $1,400,000 TO AMEND THE DOWNTOWN AND WATERFRONT

SPECIFIC PLANS AND AUTHORIZING THE CITY MANAGER TO COMMIT UP TO $500,000 IN MATCHING FUNDS FROM THE AMERICAN RESCUE PLAN ACT

Page 2 ends

• Full Plans that, at a minimum, establish development standards and identify public improvements, informed by community engagement and resulting in an adopted plan, CEQA analysis, and zoning and general plan amendments. (Maximum grant amount: $1,200,000.) • Plan Amendments that update an adopted plan to reflect changing community priorities, state and regional policies, and economic trends. Plan amendments typically involve revising part, but not all, of a plan, and result in updates to the zoning code and, if applicable, an EIR and general plan land use designations. (Maximum grant amount: $600,000.)
• Plan Implementation: Technical Assistance to develop and adopt policies or programs that facilitate the implementation of an adopted plan for one or multiple PDAs. (Maximum grant amount: $200,000.) To ensure both local and regional benefits, plans funded through the PDA program must meet minimum requirements but can do so in a way that addresses community priorities. At a minimum, plans must include:
development standards, standards for public rights of way and other public spaces, capital improvements, a funding strategy, actions to expand equity, any necessary environmental analysis, and updates to zoning and the general plan to achieve consistency with the grant-funded Plan. By receiving funding, grant recipients commit to ensuring that plans are consistent with any applicable state and regional laws and policies, such as MTC’s Transit-Oriented Communities Policy. MTC/ABAG staff will support City staff in ensuring minimum requirements are met and will offer technical resources and best practices.

PROPOSAL
The grant request for amending the Downtown Specific Plan is for $600,000, plus an additional $200,000 for implementation of streetscape improvements. The primary goal of the Downtown Specific Plan is to provide a balance of employment and housing. It aims for a lively downtown district by incorporating commercial and residential areas that are equitable, walkable, and reflect the ideas of the Vallejo community. The Downtown Vallejo Specific Plan covers a 98-acre, 20-square-block area. The focus of the proposed amendment is to incorporate MTC’s Transit-Oriented Community (TOC) policies and revitalize the Downtown, which has suffered greatly from the pandemic. The proposed amendment will result in higher density residential near a major transit hub, increased pedestrian, and alternate-transit access, increased affordable housing production, and commercial protection and stabilization. An amendment is essential to respond to the business closures experienced during the pandemic and to better address growth and work locations in the “new normal.” This proposed amendment will address past inequities by incorporating anti-displacement strategies to guide increased density and commercial growth. With greater density and affordable housing production, together with a range of transit options, commercial protection and stabilization in a downtown that incorporates a major traffic hub and is adjacent to the Ferry; this proposed amendment will reduce VMT, create better live/work balance, and enhance connections with Vallejo’s waterfront. The proposed amendment updates VMT reduction strategies tied to land use planning commitments to meet planned goals/policies, such as MTC-1.4 policy. The proposed amendment includes the Downtown Streetscape implementation to complete 100% PS&E allowing shovel-ready plans to advance to construction with future grants and capital budgets. The vision is to bring 24/7 live, work, and social activity back into the Downtown and enhance connections to the waterfront. The outcome will be equitable and accessible uses for all persons (including ADA-compliant components), anti-displacement strategies, and an increase in affordable housing, together with commercial protection and stabilization.

The grant request for the amendment to the Waterfront Specific Plan is $600,000. The focus of the Waterfront Date: March 28, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT GRANT

APPLICATIONS UNDER THE PLANNED DEVELOPMENT AREA GRANT PROGRAM IN THE AMOUNT OF $1,400,000 TO AMEND THE DOWNTOWN AND WATERFRONT

SPECIFIC PLANS AND AUTHORIZING THE CITY MANAGER TO COMMIT UP TO $500,000 IN MATCHING FUNDS FROM THE AMERICAN RESCUE PLAN ACT

Page 3 ends

Planned Development Master Plan (WPDMP) proposed amendment is to incorporate MTC’s TOC policies and revitalize the Waterfront. The proposed amendment will result in higher density residential near a major transit hub, increased pedestrian, and alternate-transit access, increased affordable housing production, and commercial protection and stabilization. The WPDMP covers 92 acres, with 35 acres devoted to public uses, (e.g., parking garage serving the Ferry, parks, plazas, promenades) and serves a multi-modal transit center.

The existing WPDMP includes up to 1,251 new higher-density residential units and up to 562,000 sf of private mixed-use. An amendment is essential to refine focus and projections based on current growth patterns postpandemic.

Moreover, the proposed amendment will address past inequities by incorporating equitable, anti-displacement strategies to guide growth. Vallejo’s public/private partnerships and strong community involvement will aid in advancing housing production, energy conservation, and increased use of public transit. A variety of transportation modes seamlessly incorporated will serve the community. As a result, VMT will be reduced by increasing access to the ferry, biking, and enhanced walking paths along the waterfront and connecting to downtown and the Bay/Vine Trail. The vision is to bring 24/7 live, work, and social activity back into the Waterfront and Downtown. Pedestrian and transit-friendly features will draw residents and visitors to the Waterfront and dovetail into the Mare Island Specific Plan. The outcome will be equitable and accessible uses for all persons (including ADA-compliant components), anti-displacement strategies, and an increase in affordable housing, together with commercial protection and stabilization.

FISCAL IMPACT
Applying for the grants would have no impact on the General Fund.

ENVIRONMENTAL REVIEW
The project is exempt under CEQA Section 15061 b.3, as it can be seen with certainty that there is no possibility that requesting a grant would have a significant effect on the environment.

ATTACHMENTS

1. PDA Planning Grant Resolution_CR CAO Stamp

CONTACT
Christina.Ratcliffe, Planning & Development Services Director, (707) 648-4382 [email protected]
RESOLUTION NO. 23- _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING

THE CITY MANAGER TO SUBMIT A GRANT APPLICATION FOR A DOWNTOWN

SPECIFIC PLAN AMENDMENT AND A WATERFRONT SPECIFIC PLAN AMENDMENT IN THE AMOUNT OF $1,400,000 IN RESPONSE TO THE METROPOLITAN TRANSPORTATION COMMISSION’S PRIORITY DEVELOPMENT AREA GRANT CALL

FOR PROJECTS AND AUTHORIZING THE CITY MANAGER TO COMMIT UP TO $500,000 IN MATCHING FUNDS FROM THE AMERICAN RESCUE PLAN ACT WHEREAS, on December 1, 2022, the Metropolitan Transportation Commission (MTC) announced a Call for Projects for Priority Development Area (PDA) Planning Grants, as well as grant requirements including compliance with the Transit-Oriented Communities Policy; and WHEREAS, in 2007, the City of Vallejo established the Downtown and Waterfront PDAs; and WHEREAS, the Downtown PDA focuses on increasing residential density near a major transit hub, increased pedestrian alternate-transit access, increased affordable housing production, and commercial protection and stabilization; the Waterfront PDA calls for quality development in addressing Sea Level Rise and will include innovative spaces for cultural and recreational activities; and WHEREAS, a PDA Planning Grant will fund amendments for the City of Vallejo’s waterfront and downtown areas; and
WHEREAS, the planning amendments for the Downtown and the Waterfront Specific Plans will provide a balance of employment and housing, incorporate MTC’s Transit-Oriented Communities policies, and help revitalize Vallejo’s Waterfront; and
WHEREAS, staff estimate the cost of this effort to be $1,400,000 of which $500,000 has been committed from the American Rescue Plan Act.

NOW, THEREFORE BE IT RESOLVED the City Manager or his designee is authorized to submit a grant application for the Downtown and Waterfront Specific Plan Amendments in response to the Metropolitan Transportation Commission's (MTC's) Call for Projects for PDA Planning Grants in the amount of $1,400,000.

BE IT FURTHER RESOLVED the City Manager is authorized to commit up to $500,000 in matching funds from the American Rescue Plan Act.

Adopted by the City Council of the City of Vallejo at a regular meeting held on March 28, 2023, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST: ______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.J.

DATE: March 28, 2023
TO: Mayor and Members of the City Council
FROM: Terrance Davis, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION OPPOSING THE “TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT"

RECOMMENDATION
Staff recommends Council adopt a Resolution opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

REASONS FOR RECOMMENDATION
The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.

The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. The measure would have significant negative impacts on City of Vallejo operations and core service delivery.

BACKGROUND AND DISCUSSION

SUMMARY
The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.

The proposed constitutional initiative is sponsored by the California Business Roundtable.

DISCUSSION
On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot.

The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative.

Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

Date: March 28, 2023
Subject: ADOPT A RESOLUTION OPPOSING THE “TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT"

Page 2 ends

Analysis of Impact
Local governments levy a variety of fees and other charges to provide core public services. Major examples of affected local revenue measures, fees and charges are:
• Local sales taxes.
• Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs. • Commercial franchise fees.
• Emergency response fees, such as in connection with DUI. • Advanced Life Support (ALS) transport charges.
• Document processing and duplication fees.
• Transit fees, tolls, parking fees, and public airport and harbor use fees. • Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fees and charge revenue at risk is approximately $2 billion per year, including those adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fees and charge revenues will be at heightened legal peril.

Statewide, hundreds of local tax measures were approved in 2022 that are likely to not comply with the provisions of the initiative. Nearly $2 billion of annual revenue from these voter-approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval.

Reductions of local government tax revenues have impacts on core services and infrastructure, including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.

Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code. The initiative converts administratively-imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. Thus, this provision of the initiative may put at risk the authority to impose fines and penalties for violations of state and local law.

FISCAL IMPACT
There is no fiscal impact associated with this action. However, the Taxpayer Protection and Government Accountability Act will take billions of dollars away from local government services statewide. The actual specific future impact on City of Vallejo revenues is unknown.

ATTACHMENTS

1. CBRT Oppose resolution 03-28-23 FINAL CAO Stamp
Date: March 28, 2023
Subject: ADOPT A RESOLUTION OPPOSING THE “TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT"

Page 3 ends

CONTACT
Terrance Davis, Assistant City Manager (707.648.4301)
[email protected]
RESOLUTION NO. 23- _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO OPPOSING THE “TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT” WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
THEREFORE, BE IT RESOLVED that the City of Vallejo opposes Initiative 21-0042A1.

BE IT FURTHER RESOLVED that the City of Vallejo will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

BE IT FURTHER RESOLVED that Staff is directed to email a copy of this resolution to the League of California Cities at [email protected].

PASSED, APPROVED, AND ADOPTED this day, 28th of March, 2023.

Adopted by the City Council of the City of Vallejo at a regular meeting held on March 28, 2023 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
ROBERT H. MCCONNELL, MAYOR
CONSENT CALENDAR 8.K.

DATE: March 28, 2023
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
Kent Carothers, Water Engineering Manager
SUBJECT: ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH CUMMINS, INC. THROUGH SOURCEWELL

PURCHASING COOPERATIVE, FOR THE PURCHASE OF PERMANENT BACK-UP

GENERATORS AND LOAD BANKS FOR CORDELIA PUMPING COMPLEX FOR A TOTAL CONTRACT NOT-TO-EXCEED AMOUNT OF $1,500,000.

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement through Sourcewell with Cummins Inc. to purchase Generators, Load Banks, and associated parts to provide back-up power for Vallejo's source-water pumping facility, called the Cordelia Pumping Complex, with a total Not-To-Exceed amount of $1,500,000.

REASONS FOR RECOMMENDATION
Executing this agreement with Cummins, Inc. will allow the City of Vallejo Water Department to purchase permanent back-up generators and load banks to be installed at Vallejo's source-water pumping facility, called the Cordelia Pumping Complex, which is currently being supported by a rental generator.

BACKGROUND AND DISCUSSION
In October 2019, PG&E's Community Wildfire Safety program (Public Safety Power Shutoffs or PSPS) resulted in an unexpected, unprecedented, and sustained power outage at the City’s major source-water reservoir and pumping facility, known as the Cordelia Complex. While PG&E ultimately provided back-up power during the PSPS, it was necessary for the City to retain a rented generator for the remainder of the fire season and thereafter, at the City's expense, to ensure consistent operation of the pumping complex should another PSPS occur. The temporary rented has provided security for reliable use of the pumping complex until the permanent generator system is designed, purchased, constructed, and installed with the completion of the Cordelia Complex upgrade CIP Project Number WT7065. Generator power for a facility of this magnitude is a complex endeavor, and the design options were further complicated by air quality mandates (by the Bay Area Air Quality District), by the quickly evolving generator technology in the water industry, as well as extensive COVID-driven supply chain issues impacting the feasibility of some options.

With the design of the permanent generator system complete, the purchase of the generators can now proceed. The recommended company, Cummins, Inc. sells the generators specified under CIP Project Number WT7065. Cummins, Inc. is currently under contract with Sourcewell, a service cooperative created by the State legislature as a local unit of government that serves multiple government, education, and non-profit agencies with a cooperative purchasing program designed to pool resources, minimize purchasing costs, and help ensure good pricing. The City will leverage the Cooperative agreement between Sourcewell and Cummins, Inc. for the generator purchases. The City purchased portable generators in 2019 through Sourcewell, obtaining a competitive price based on other agencies' purchasing agreements.

The generators will be housed safely in a secure structure that is still in the design phase. Once the design is Date: March 28, 2023
Subject: ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH CUMMINS, INC. THROUGH SOURCEWELL

PURCHASING COOPERATIVE, FOR THE PURCHASE OF PERMANENT BACK-UP

GENERATORS AND LOAD BANKS FOR CORDELIA PUMPING COMPLEX FOR A TOTAL CONTRACT NOT-TO-EXCEED AMOUNT OF $1,500,000.

Page 2 ends

complete, staff will bring the project back to the Council for approval of the contract to construct the storage facility.

FISCAL IMPACT
This multi- year agreement for Capital Improvement Project WT7065 has a not to exceed amount of $1,500,000. WT7065 is a bond funded project and there will be no fiscal impact on the General Fund.

ATTACHMENTS

1. Sourcewell Reso CAO Stamp

2. Cummins, Inc._Contract Routing Packet CAO STAMP

CONTACT
Beth Schoenberger, Water Director 707-648-5439
[email protected]
Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23-________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH CUMMINS, INC.

THROUGH SOURCEWELL FOR THE PURCHASE OF GENERATORS AND LOAD BANKS FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $1,500,000.00
WHEREAS, the City of Vallejo maintains and operates the Jameson and Cordelia Pump Stations (Cordelia Complex) which stores raw water from Lake Berryessa and the Sacramento River which is then pumped out to raw water customers and Fleming Hill for treatment; and WHEREAS, the City of Vallejo’s Cordelia Complex does not have a back-up power source; and WHEREAS, Pacific Gas & Electric’s Community Wildfire Safety Program (Public Safety Power Shut Off or PSPS) and other circumstances/events can cause a power outage at the Cordelia Complex; and
WHEREAS, the City of Vallejo currently rents a generator from Peterson Power Systems at a cost of $500,000 per year;
WHEREAS, Cummins, Inc. has entered into a Cooperative Agreement with Sourcewell which will be leveraged by the City of Vallejo;
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the City Manager of the City of Vallejo to execute a Cooperative Agreement with Cummins, Inc. through Sourcewell for the purchase of generators, load banks, and related parts with a contract not-to-exceed amount of $1,500,000.00.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on March 28, 2023, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: ______________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
______________________________
DAWN G. ABRAHAMSON, CITY CLERK
Feb 22, 2023 9:05 AM, 1072016921
Contract and Routing Form
Date Originated:

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Water Department, Engineering
Staff Contact: John Manrique, [email protected] Contract Type: Other: Co-Operative Agreement
Vendor: Cummins, Inc.

Contract Not to Exceed Amount: 1500000.00
Contract Start Date: Feb 22, 2023 End Date: Dec 31, 2023 Authority to Contract: City Council Date to Council: Mar 28, 2023 Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
I have uploaded additional files.No
Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
Finance Department
City Attorney
City Manager
City Clerk
Return executed contract to: John Manrique
Feb 22, 2023 9:09 AM, 1072018929
Pre-Requisition Form
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Water Department, Engineering
Staff Contact: John Manrique, [email protected] Vendor: Cummins, Inc. W-9 Uploaded: Yes
Term: Purchase this FY
Anticipated Purchase Date: Feb 22, 2023
Anticipated Contract Type: Cooperative Purchase Agreement Purchasing Authority: City Council Anticipated Date to Council: Mar 28, 2023 Total Projected Expenditure: 1500000.00
Anticipated Account Number 404-2715-431.43-57
Multiple Project Numbers? No, just one Multiple Account Numbers? No, just one Description of Proposed Purchase:

Back up generators with associated parts and load bank with associated parts.

I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC.

This is a new/inactive vendor and I am working to take an action to the City Council because it will exceed the cap of $100,000 in a single FY.

Competitive Process: This is a Cooperative Purchase
Explanation for Vendor Selection:

Cummins, Inc. provides generators and related equipment under a cooperative contract with Sourcewell.

Uploaded documents available for review https://bit.ly/vPreReqs.

WarrantyNot sure
Cooperative Purchase InformationCooperative Purchase Agreement W-9Yes
Pre-Requisition Signature Section
Department Comment
Delegated Signee: Beth Schoenberger
Title: Water Director
E-mail: [email protected]
_
Signature Date
Route Final HTE PO to City Clerk for Contract Log
Project: City of Vallejo Water (Sourcewell) -
92221009
Quotation: Q-161321-20230221-1512
Quotation: Q-161321-20230221-1512

Page 1 of 6 ends

February 21, 2023
To Prepared by
City of Vallejo - Water Department
202 FLEMING HILL RD
VALLEJO California 94589-2337
Aimen Ramahi
(510) 755-5538
[email protected]
We are pleased to provide you this quotation based on your inquiry.

Item Description Qty Extended Price
1 Cummins Portable Generator Set with Trailer – 500kW, Model C500D6RE (Sourcewell) -US EPA Tier 4 Certified
-12 Lead Reconnectable Alternator (208/240/480)
-PMG
-DOT Approved Electric Brake Trailer with Heavy Duty Center Mounted Jack -Pintle Hitch
-Sound Attenuated Enclosure: 81.5 Dba at 23 Feet
-UL 142 Integral Fuel Tank – 23 Hour at 75% (547 Gallons) -Auxillary Fuel Connection
-Radiator Cooling System (45C Ambient)
-Removeable 1600A Link Board
-Camlock & Busbar Distribution Panel
-Shore Power
–(2) 120V GFI & (3) 50A 240V Receptacle
-Heavy Duty Air Cleaners
-2 Stage Filtration with Optimum Particle and Water Separation -Masterless Load Demand
-Paralleling Controls
-Paralleling Connector
4 $ 1,164,850.00
TOTAL.
2 Portable Load Bank - 500kW with Trailer
-240/480V, 3 Phase (60Hz)
-5kW Load Step Resolution
-Manual Toggle Switch
-Electric Cable Reel (1)
-Cable Reel Cover (1)
-DOT Legal Trailer with Adjustable Lunette Eye Hitch
-Front Tongue Jack & (2) Rear Stabilizer Jacks with Safety Chains and Hooks -Electric Brakes
1 $ 83,000.00.
3 Operation Manual 5 $ 650.00 TOTAL
4 Preventative Maintenance Kit (Air, Fuel, Oil Filters) (SPARE) (Includes Extra Filters For Replacement During Start Up)
12 $ 6,000.00 TOTAL.
5 Site Testing: Start & Test, NFPA 110 Testing - 2 Hour Load Bank Test & 1.5 Hour Building Load Test, Training - 4 Hrs with Demonstration, Replace Filters 4 $ 40,000.00
TOTAL.

PROJECT TOTAL: $ 1,294,500.00
Tax not Included
OPTIONAL PRICING:

ADDERS:

SITE SHOP TEST (SAN LEANDRO, CA)…………………………………………………………ADD +$35,000.00 TOTAL. * *INCLUDES START & TEST PROCEDURE, OFFLOAD, RELOAD, FREIGHT TO SITE, AND 200 GALLONS OF FUEL PER GENERATOR SET. THIS TEST CAN BE WITNESSED.

Project: City of Vallejo Water (Sourcewell) -
92221009
Quotation: Q-161321-20230221-1512
Quotation: Q-161321-20230221-1512

Page 2 of 6 ends

QUOTE IS BASED ON SPEC SECTION 16236 – TOWABLE ENGINE – GENERATOR UNIT & WESTERN MACHINERY ELECTRIC GENERATOR SERVICES AGREEMENT.

CLARIFICATIONS/EXCEPTIONS:

SECTION 16236 – TOWABLE ENGINE GENERATOR UNIT

1.7.A – No special tools needed. Tools not provided.

2.2.J – UL 2200 is for stationary generators sets. Generators proposed are portable/mobile units.

2.5.L – Wiring and conduit by others.

2.7.A – Fuel tank is sized for 23 hours at 75% load.

2.7.C - Tank is painted black.

2.7.J – Fuel by others.

2.8.A – Sound enclosure is rated for 81.5 dBA at 23 Feet.

2.10 – Shop inspection/testing not included. Factory test done in Minnesota. Site testing included to be done at site. If shop testing is needed, see adder above.

3.2 – Exception to NETA Testing.

3.3.B.2 – Fuel by others.

3.3.C.3 - Exception to NETA Testing.

3.3.C.5 – Exception to backpressure test.

3.3.C.6 – Exception to on site emission testing. Generators are EPA Tier 4 Certified.

3.5.C – Fuel by others.

Service Agreement Spec:
-Oil analysis not included.
-Winding & exciter field tests by others.
-Polarization Index Test by others.

LOAD BANK:
-Currently does not include costs for cables or quick connect cable receptacles.

Project: City of Vallejo Water (Sourcewell) -
92221009
Quotation: Q-161321-20230221-1512
Quotation: Q-161321-20230221-1512

Page 3 of 6 ends

Please feel free to contact me if you require any additional information; or if you have any further questions or concerns that I may be of assistance with.

Thank you for choosing Cummins.

Submitted by:

Aimen Ramahi, Territory Manager - Power Generation, Pacific Region [email protected]
(510) 755-5538
SUBMITTALS. An order for the equipment covered by this quotation will be accepted on a hold for release basis. Your order will not be released and scheduled for production until written approval to proceed is received in our office. Such submittal approval shall constitute acceptance of the terms and conditions of this quotation unless the parties otherwise agree in writing.

THERE ARE ADDITIONAL CONTRACT TERMS AND CONDITIONS ATTACHED TO THIS QUOTATION, INCLUDING LIMITATIONS OF WARRANTIES AND LIABILITIES, WHICH ARE EXPRESSLY INCORPORATED HEREIN. BY ACCEPTING THIS QUOTATION,

CUSTOMER ACKNOWLEDGES THAT THE CONTRACT TERMS AND CONDITIONS HAVE BEEN READ, FULLY UNDERSTOOD AND ACCEPTED.

Authorized Signature Date
Company Name
Printed Name & Title
Purchase Order No
<Rest of the page is intentionally left blank>
Project: City of Vallejo Water (Sourcewell) -
92221009
Quotation: Q-161321-20230221-1512
Quotation: Q-161321-20230221-1512

Page 4 of 6 ends

TERMS AND CONDITIONS FOR SALE OF POWER GENERATION EQUIPMENT These Terms and Conditions for Sale of Power Generation Equipment, together with the Quote, Sales Order, and/or Credit Application on the front side or attached hereto, are hereinafter referred to as this “Agreement” and shall constitute the entire agreement between the customer identified in the quote (“Customer”) and Cummins Inc. (“Cummins”) and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions and it shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins’ receipt of Customer’s purchase order or purchase order number; (ii) Customer’s signing or acknowledgment of this Agreement; (iii) Cummins’ release of Products to production pursuant to Customer’s oral or written instruction or direction; (iv) Customer’s payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer’s website or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, any terms and conditions related thereto: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction.

SCOPE
Cummins shall supply power generation equipment and any related parts, materials and/or services expressly identified in this Agreement (collectively,“Equipment”). No additional services, parts or materials are included in this Agreement unless agreed upon by the parties in writing. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. A Quote is limited to plans and specifications section set forth in the Quote. No other sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated.

SHIPPING; DELIVERY; DELAYS
Unless otherwise agreed in writing by the parties, Equipment shall be delivered FOB origin, freight prepaid to first destination. For consumer and mobile products, freight will be charged to Customer.

Unless otherwise agreed to in writing by the parties, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. Cummins may deliver in installments. A reasonable storage fee, as determined by Cummins, may be assessed if delivery of the Equipment is delayed, deferred, or refused by Customer. Offloading, handling, and placement of Equipment and crane services are the responsibility of Customer and not included unless otherwise stated. All shipments are made within normal business hours, Monday through Friday. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order and will be in effect after engineering drawings have been approved for production. Cummins shall use best efforts to meet estimated dates, but shall not be liable to customer or any third party for any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or any unforeseen event, circumstance, or condition beyond Cummins’ reasonable control including, but not limited to, acts of God, actions by any government authority, civil strife, fires, floods, windstorms, explosions, riots, natural disasters, embargos, wars, strikes or other labor disturbances, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities.

AS A RESULT OF THE OUTBREAK OF THE DISEASE COVID-19 ARISING FROM THE NOVEL CORONAVIRUS, TEMPORARY

DELAYS IN DELIVERY, LABOUR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS’ DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL

SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOUR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE

EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE.

PAYMENT TERMS; CREDIT; RETAINAGE
Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of the invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Equipment. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay Cummins’ costs and expenses (including reasonable attorneys’ fees) related to Cummins’ enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. Retainage is not acceptable nor binding, unless required by statute or accepted and confirmed in writing by Cummins prior to shipment.

TAXES; EXEMPTIONS
Unless otherwise stated, the Quote excludes all applicable local, state and federal sales and/or use taxes, permits and licensing. Customer must provide a valid resale or exemption certificate prior to shipment of Equipment or applicable taxes will be added to the invoice.

TITLE; RISK OF LOSS
Unless otherwise agreed in writing by the parties, title and risk of loss for the Equipment shall pass to Customer upon delivery of the Equipment by Cummins to freight carrier or to Customer at pickup at Cummins’ facility.

INSPECTION AND ACCEPTANCE
Customer shall inspect the Equipment upon delivery, before offloading, for damage, defects, and shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill of lading. Where Equipment is alleged to be non-conforming or defective, written notice of defect must be given to Cummins within three (3) days from date of delivery after which time Equipment shall be deemed accepted. Cummins shall have a commercially reasonable period of time in which to correct such non-conformity or defect. If non-conformity or defect is not eliminated to Customer’s satisfaction, Customer may reject the Equipment (but shall protect the Equipment until returned to Cummins) or allow Cummins another opportunity to undertake corrective action. In the event startup of the Equipment is included in the services, acceptance shall be deemed to have occurred upon successful startup.

LIEN; SECURITY AGREEMENT
Customer agrees that Cummins retains all statutory lien rights. To secure payment, Customer grants Cummins a Purchase Money Security Interest in the Equipment. If any portion of the balance is due to be paid following delivery, Customer agrees to execute and deliver such security agreement, financing statements, deed of trust and such other documents as Cummins may request from time to time in order to permit Cummins to obtain and maintain a perfected security interest in the Equipment; or in the alternative, Customer grants Cummins a power of attorney to execute and file all financing statements and other documents needed to perfect this security interest. Cummins may record this Agreement, bearing Customer's signature, or copy of this Agreement in lieu of a UCC-1, provided that it shall not constitute an admission by Cummins of the applicability or non-applicability of the UCC nor shall the failure to file this form or a UCC-1 in any way affect, alter, or invalidate any term, provision, obligation or liability under this Agreement. The security interest shall be superseded if Customer and Cummins enter into a separate security agreement for the Equipment. Prior to full payment of the balance due, Equipment will be kept at Customer’s location noted in this Agreement, will not be moved without prior notice to Cummins, and is subject to inspection by Cummins at all reasonable times.

CANCELLATION; CHARGES
Orders placed with and accepted by Cummins may not be cancelled except with Cummins’ prior written consent. If Customer seeks to cancel all or a portion of an order placed pursuant to this Agreement, and Cummins accepts such cancellation in whole or in part, Customer shall be assessed cancellation charges as follows: (i) 10% of total order price if cancellation is received in Cummins’ office after Cummins has provided submittals and prior to releasing equipment to be manufactured; (ii) 25% of total order price if cancellation is received in Cummins’ office after receipt of submittal release to order, receipt of a purchase order for a generator already on order with the factory, or is asked to make any hardware changes to the equipment already on order with the factory; (iii) 50% of total order price if cancellation is received in Cummins’ office 60 or fewer days before the scheduled shipping date on the order; or (iv) 100% of total order price if cancellation is received in Cummins’ office after the equipment has shipped from the manufacturing plant.

MANUALS
Unless otherwise stated, electronic submittals and electronic operation and maintenance manuals will be provided, and print copies may be available upon Customer’s request at an additional cost.

TRAINING; START UP SERVICES; INSTALLATION
Startup services, load bank testing, and owner training are not provided unless otherwise stated. Site startup will be subject to the account being current and will be performed during regular Cummins business hours, Monday to Friday. Additional charges may be added for work requested to be done outside standard business hours, on weekends, or holidays. One visit is allowed unless specified otherwise in the Quote. A minimum of two-week prior notice is required to schedule site startups and will be subject to prior commitments and equipment and travel availability. A signed site check sheet confirming readiness will be required, and Cummins personnel may perform an installation audit prior to the startup being completed. Any issues identified by the installation audit shall be corrected at the Customer's expense prior to the start-up. Portable load banks for site test (if offered in the Quote) are equipped with only 100 feet of cable. Additional lengths may be arranged at an extra cost. Cummins is not responsible for any labor or materials charged by others associated with start-up and installation of Equipment, unless previously agreed upon in writing. Supply of fuel for start-up and/or testing, fillup of tank after start up, or change of oil is not included unless specified in the Quote. All installation/execution work at the site including, but not limited to: civil, mechanical, electrical, supply of wall thimbles, exhaust extension pipe, elbows, hangers, expansion joints, insulation and cladding materials, fuel/oil/cooling system piping, air ducts, and louvers/dampers is not included unless specified in the Quote. When an enclosure or sub-base fuel tank (or both) are supplied, the openings provided for power cable and fuel piping entries, commonly referred to as “stub-ups”, must be sealed at the site by others before commissioning. All applications, inspections and/or approvals by authorities are to be arranged by Customer.

MANUFACTURER’S WARRANTY
Equipment purchased hereunder is accompanied by an express written manufacturer’s warranty (“Warranty”) and, except as expressly provided in this Agreement, is the only warranty offered on the Equipment. A copy of the Warranty is available upon request. While this Agreement and the Warranty are intended to be read and applied in conjunction, where this Agreement and the Warranty conflict, the terms of the Warranty shall prevail.

WARRANTY PROCEDURE
Prior to the expiration of the Warranty, Customer must give notice of a warrantable failure to Cummins and deliver the defective Equipment to a Cummins location or other location authorized and Project: City of Vallejo Water (Sourcewell) -
92221009
Quotation: Q-161321-20230221-1512
Quotation: Q-161321-20230221-1512

Page 5 of 6 ends

designated by Cummins to make the repairs during regular business hours. Cummins shall not be liable for towing charges, maintenance items such as oil filters, belts, hoses, etc., communication expenses, meals, lodging, and incidental expenses incurred by Customer or employees of Customer, "downtime" expenses, overtime expenses, cargo damages and any business costs and losses of revenue resulting from a warrantable failure.

LIMITATIONS ON WARRANTIES THE REMEDIES PROVIDED IN THE WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT.

EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS

EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY

KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY.

The limited warranty does not cover Equipment failures resulting from: (a) inappropriate use relative to designated power rating; (b) inappropriate use relative to application guidelines; (c) inappropriate use of an EPA-SE application generator set relative to EPA’s standards; (d) normal wear and tear; (e) improper and/or unauthorized installation; (f) negligence, accidents, or misuse; (g) lack of maintenance or unauthorized or improper repair; (h) noncompliance with any Cummins published guideline or policy; (i) use of improper or contaminated fuels, coolants, or lubricants; (j) improper storage before and after commissioning; (k) owner’s delay in making Equipment available after notification of potential Equipment problem; (l) replacement parts and accessories not authorized by Cummins; (m) use of battle short mode; (n) owner or operator abuse or neglect such as: operation without adequate coolant, fuel, or lubricants; over fueling; over speeding; lack of maintenance to lubricating, fueling, cooling, or air intake systems; late servicing and maintenance; improper storage, starting, warm-up, running, or shutdown practices, or for progressive damage resulting from a defective shutdown or warning device; or (o) damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set.

INDEMNITY
Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Equipment supplied under this Agreement (collectively, the “Claims”), where such Claims were caused or contributed to by, in whole or in part, the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer’s expense.

LIMITATION OF LIABILITY NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS,

ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY

INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT

LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO

GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY) IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF

EQUIPMENT UNDER THIS AGREEMENT OR THE USE OR PERFORMANCE OF EQUIPMENT SUPPLIED UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF EQUIPMENT SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE

THE REMEDY PROVIDED HEREIN EVEN IF THE EXCLUSIVE REMEDY UNDER THE WARRANTY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

DEFAULT; REMEDIES
. Customer shall be in breach and default if: (a) any of the payments or amounts due under this Agreement are not paid; (b) Customer fails to comply, perform, or makes any misrepresentation relating to any of the Customer's obligations or covenants under this Agreement; or (c) prior to full payment of the balance due, Customer ceases to do business, becomes insolvent, makes an assignment for the benefit of its creditors, appoints a receiver, commences an action for dissolution or liquidation, or becomes subject to bankruptcy proceedings, or the Equipment is attached, levied upon, seized under legal process, is subjected to a lien or encumbrance, or transferred by operation of law or otherwise to anyone other than Cummins. Upon the occurrence of any event of Customer's default, Cummins, at its sole option and without notice, shall have the right to exercise concurrently or separately any one or all of the following remedies, which shall be cumulative and not alternative: (a) to declare all sums due, and to become due, under this Agreement immediately due and payable; (b) to commence legal proceedings, including collection actions and specific performance proceedings, to enforce performance by Customer of any and all provisions of this Agreement, and to be awarded damages or injunctive relief for the Customer's breach; (c) to require the Customer to deliver the Equipment to Cummins' branch specified on the face of this Agreement; (d) to exercise one or more of the rights and remedies available to a secured party under applicable law; and (e) to enter, without notice or liability or legal process, onto any premises where the Equipment may be located, using force permitted by law, and there to disconnect, remove and repossess the Equipment, the Customer having waived further right to possession after default. A waiver of any event of default by Cummins shall not be a waiver as to any other or subsequent default.

CUSTOMER REPRESENTATIONS; RELIANCE
Customer is responsible for obtaining, at its cost, permits, import licenses, and other consents in relation to the Equipment, and if requested by Cummins, Customer shall make these permits, licenses, and consents available to Cummins prior to shipment. Customer represents that it is familiar with the Equipment and understands operating instructions and agrees to perform routine maintenance services. Until the balance is paid in full, Customer shall care for the Equipment properly, maintain it in good operating condition, repair and appearance; and Customer shall use it safely and within its rated capacity and only for purpose it was designed. Even if Customer’s purchase of Equipment from Cummins under this Agreement is based, in whole or in part, on specifications, technical information, drawings, or written or verbal advice of any type from third parties, Customer has sole responsibility for the accuracy, correctness and completeness of such specifications, technical information, drawings, or advice. Cummins make no warranties or representations respecting the accuracy, correctness and completeness of any specifications, technical information, drawings, advice or other information provided by Cummins. Cummins makes no warranties or representations respecting the suitability, fitness for intended use, compatibility, integration or installation of any Equipment supplied under this Agreement. Customer has sole responsibility for intended use, for installation and design and performance where it is part of a power, propulsion, or other system. Limitation of warranties and remedies and all disclaimers apply to all such technical information, drawings, or advice. Customer acknowledges and agrees by accepting delivery of the Equipment that the Equipment purchased is of the size, design, capacity and manufacture selected by the Customer, and that Customer has relied solely on its own judgment in selecting the Equipment.

CONFIDENTIALITY
Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents.

GOVERNING LAW AND JURISDICTION
This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision.

The parties agree that the courts of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement.

INSURANCE
Upon Customer’s request, Cummins will provide to Customer a Certificate of Insurance evidencing Cummins’ relevant insurance coverage.

ASSIGNMENT
This Agreement shall be binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins.

INTELLECTUAL PROPERTY
Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins’ property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins’ property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins.

PRICING
To the extent allowed by law, actual prices may vary from the price at the time of order placement, as the same will be based on prices prevailing on the date of shipment. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input and labor cost changes and other unforeseen circumstances beyond Cummins’ control.

MISCELLANEOUS
Cummins shall be an independent contractor under this Agreement.All notices under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in this Agreement. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach.Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the

TWO MILLION

DOLLARS
($2,000,000.00)
-AR & LP
-MARCH 21, 2023
Project: City of Vallejo Water (Sourcewell) -
92221009
Quotation: Q-161321-20230221-1512
Quotation: Q-161321-20230221-1512

Page 6 of 6 ends

remaining terms hereof.These terms are exclusive and constitute entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Equipment pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. In the event of a conflict in the terms of this Agreement with any Customer terms or conditions or agreement (whether referenced in an order submitted by Customer as the terms that govern the purchase of the Equipment or otherwise) or any terms set forth in any other documentation of Customer with respect to the Equipment, the terms of this Agreement shall govern.Cummins may incur additional charges which will be passed on to the Customer, as applicable.

COMPLIANCE
Customer shall comply with all laws applicable to its activities under this Agreement, including, without limitation, any and all applicable federal, state, and local anti-bribery, environmental, health, and safety laws and regulations then in effect. Customer acknowledges that the Equipment, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Equipment or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable all laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall act as the importer of record with respect to the Equipment and shall not resell, export, re-export, distribute, transfer, or dispose of the Equipment or related technology, directly or indirectly, without first obtaining all necessary written permits, consents, and authorizations and completing such formalities as may be required under such laws, rules, and regulations. In addition, Cummins has in place policies not to distribute its products for use in certain countries based on applicable laws and regulations including but not limited to UN, U.S., UK, and European Union regulations. Customer undertakes to perform its obligations under this Agreement with due regard to these policies. Strict compliance with this provision and all laws of the territory pertaining to the importation, distribution, sales, promotion and marketing of the Equipment is a material consideration for Cummins entering into this Agreement with Customer and continuing this Agreement for its term. Customer represents and warrants that it has not and shall not, directly or through any intermediary, pay, give, promise to give or offer to give anything of value to a government official or representative, a political party official, a candidate for political office, an officer or employee of a public international organization or any other person, individual or entity at the suggestion, request or direction or for the benefit of any of the above-described persons and entities for the purposes of inducing such person to use his influence to assist Cummins in obtaining or retaining business or to benefit Cummins or any other person in any way, and will not otherwise breach any applicable laws relating to anti-bribery. Any failure by Customer to comply with these provisions will constitute a default giving Cummins the right to immediate termination of this Agreement and/or the right to elect not to recognize the warranties associated with the Equipment. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer’s breach.

To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract. □ Check if this Agreement pertains to government work or facilities power.cummins.com
©2020 Cummins Inc. PD00000492 NAS-6527 (11/20)
Specification sheet
Rental Power
500 kW
U.S EPA Tier IV Emissions
Description
This Cummins Power Generation rental package is
a fully integrated mobile power generation system,
providing optimum performance, reliability, and
versatility for standby and prime power applications.

Features
Cummins diesel engine
• U.S. Tier IV Final certified Cummins X15-G17
engines which meet emissions limits without the
use of a diesel particulate filter (DPF)
• Rugged 4-cycle industrial diesel delivers
reliable power and fast response to load
changes
• Advanced electronic engine controls with
integrated aftertreatment system provide superior
fuel efficiency while reducing emissions
• High-pressure common rail fuel system reduces
engine noise and smoke
• Cummins Direct Flow™ air filtration offering
improved air management, longer service life,
and easier serviceability
• 2-stage fuel filtration with optimum particle and
water separation
• Automated SCR health management system
• Equipped with heavy duty air cleaners,
bypass-type oil filters, and dual-element
fuel/water separation filtration system with 4-
way valve.

Control features
• The most advanced, reliable, and capable
generator set control system available with
parallel and Masterless Load Demand (MLD)
capabilities
• Controls provide precise frequency and voltage
regulation, alarm and status message display in
one easy to operate customer interface
Stamford alternators
• 12-lead reconnectable alternators fitted with link board • Designed and built by Cummins Generator
Technologies.
• Voltage reconnectable - 480/277 VAC high Wye,
240/139 VAC low Wye and 208/120 VAC low Wye
standard.
• Alternators designed for improved motor starting.
• Permanent magnet excitation for improved
performance in non-linear load applications
Rental package enclosure
• Sound attenuated, white powder coated lockable
enclosure
• 23-hour fuel tank (75% prime) with leak detection
sensor
• UL 142 fuel tank with 110%+ fluid containment basin
• Cooling system rated for 113°F (45 °C) at 100%
standby ambient
• Complete engine fluid containment reservoir
• Camlock & busbar distribution panel
• Removable 1600A link board makes switch from 480V,
240V and 208V simple
• Shore power (15A/125 VAC) – battery charger &
(50A/240VAC) – Jacket water heater & shore power
• Smart paralleling connector makes paralleling with
other Cummins T4F units easier
• Auxiliary Fuel connection
• (2) 120V GFCI and (3) 50 amp 240VAC Recep
Rental package options
• DOT approved electric brake trailer with heavy duty
center mounted jack, pintle hitch
Standby
Rating Prime Rating
Model Voltages 60 Hz
kW (kVA)
60 Hz
kW (kVA)
Sound Level
Full load at 7m
Alternator
Model
C500D6RE 208/240/480 500 (625) 450 (563) 81.9 dB(A) HC5F power.cummins.com
©2020 Cummins Inc. PD00000492 NAS-6527 (11/20)
Engine specifications
Engine model X15-G17
Alternator data sheet ADS-308
Tier rating Tier IV
Design 4 cycle, In-Line, turbocharged and after-cooled
Bore 136.9 mm (5.39 in.)
Stroke 168.9 mm (6.65 in.)
Displacement 15 liters (912 in3)
Cylinder block Cast iron, In-Line 6 cylinder
Battery capacity 1750 Ams @32F
Battery charging alternator 110 amps
Starting voltage 24 volt, negative ground
Fuel system Extra high pressure injection
Fuel filter Diesel
Air cleaner type Dry element with restriction indicator Lube oil filter type(s) spin-on, full flow filter
Standard cooling system 104 °F (40 °C) ambient radiator Alternator specifications
Design Brushless, 4 pole, drip proof revolving field
Stator Double layer concentric, 2/3 winding pitch
Rotor Singe bearing, flexible disc
Insulation system Class H per NEMA MG1-1.65
Standard temperature rise 125/40 ºC prime
Exciter type PMG (permanent magnet generator)
Phase rotation A (U), B (V), C (W)
Alternator cooling Direct drive centrifugal blower fan
AC waveform total harmonic distortion < 1.5% no load, < 5% non-distorting balance linear load Telephone influence factor (TIF) < 50 per NEMA MG1-22.43 Telephone harmonic factor (THF) < 2%
Power capability specifications (Assume power factor = 0.80 for 3 phase amps) Standby rating
208 V, 3 Phase
Amps 60Hz
480 V, 3 Phase
Amps 60Hz
240 V, 3 Phase
Amps 60Hz
C500D6RE 1735 752 1504
Electrical power panel specifications
Model voltage
120 V duplex
receptacles 240 V twist
Load lug connection
(stud diameter)
Load lug circuit
breakers
120/208 Volt 2 - 20 Amp GFCI 3 - 50 Amp 1/2 inch 50 Amp power.cummins.com
©2020 Cummins Inc. PD00000492 NAS-6527 (11/20)
PowerCommand 3.3 Control System
An integrated microprocessor based generator set control system providing voltage regulation, engine protection, alternator protection, operator interface and isochronous governing. Refer to document S-1570 for more detailed information on the control.

Simplified display for rental operators - simplified display tailored for rental equipment operations for ease of use.

Power management – Control function provides battery
monitoring and testing features and smart starting control system.

Advanced control methodology – Three phase sensing, full wave rectified voltage regulation, with a PWM output for stable operation with all load types.

Regulation compliant – Prototype tested: UL, CSA and CE compliant.

Service - InPower™ PC-based service tool available for detailed diagnostics, setup, data logging and fault simulation.

Easily upgradeable – PowerCommand controls are designed with common control interfaces.

Reliable design – The control system is designed for reliable operation in harsh environment.

Operator panel features
Operator/display functions
• 320 x 240 pixels graphic LED backlight LCD
• Auto, manual, start, stop, fault reset and lamp test/panel lamp switches
• Alpha-numeric display with pushbuttons
• LED lamps indicating genset running, remote start, not in auto, common shutdown, common warning, manual run mode, auto
mode and stop
Alternator data
• Line-to-neutral and line-to-line AC volts
• 3-phase AC current
• Frequency
• kW, kVar, power factor kVA (three phase and total)
Engine data
• DC voltage
• Lube oil pressure
• Coolant temperature
• Comprehensive FAE data (where applicable)
Other data
• Fault history
• Data logging and fault simulation (requires InPower)
Standard control functions
Digital governing
• Integrated digital electronic isochronous governor
• Temperature dynamic governing
Digital voltage regulation
• Integrated digital electronic voltage regulator
• 3-phase, 4-wire line-to-line sensing
• Configurable torque matching
AmpSentry AC protection
• AmpSentry protective relay
• Over current and short circuit shutdown
• Over current warning
• Single and three phase fault regulation
• Over and under voltage shutdown
• Over and under frequency shutdown
• Overload warning with alarm contact
• Reverse power and reverse var shutdown
• Field overload shutdown
Engine protection
• Battery voltage monitoring, protection and testing
• Overspeed shutdown
• Low oil pressure warning and shutdown
• High coolant temperature warning and shutdown
• Low coolant level warning or shutdown
• Low coolant temperature warning
• Fail to start (overcrank) shutdown
• Fail to crank shutdown
• Cranking lockout
• Sensor failure indication
• Full authority electronic engine protection
Control functions
• Time delay start and cool down
• Real time clock for fault and event time stamping
• Cycle cranking
• Load shed
• Remote emergency stop
For more information contact your local Cummins distributor or visit power.cummins.com
©2020 Cummins Power Generation Inc. All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice.

PDA061E859 NAS-6311-EN (11/20)
Ratings definitions
Standby:

Applicable for supplying emergency power for the duration of normal power interruption. No sustained overload capability is available for this rating. (Equivalent to Fuel Stop Power in accordance with ISO3046, AS2789, DIN6271 and BS5514).

Nominally rated.

Prime (unlimited running time):

Applicable for supplying power in lieu of commercially purchased power. Prime power is the maximum power available at a variable load for an unlimited number of hours. A 10% overload capability is available for limited time. (Equivalent to Prime Power in accordance with ISO8528 and Overload Power in accordance with ISO3046, AS2789, DIN6271, and BS5514).

Dimensions
Model
Dim “A”
mm (in.)
Dim “B”
mm (in.)
Dim “C”
mm (in.)
Weight w/o fuel
kg (lbs.)
Weight with fuel
kg (lbs.)
Fuel capacity
liters (gal)*
C500D6RE
without trailer 6113 (241) 1499 (59) 2555 (101) 8024 (17690) 9752 (21500) 2071 (547) C500D6RE
with trailer 7300 (287) 2584 (102) 3118 (123) 10179 (22440) 11887 (26250) 2071 (547) * Onboard DEF capacity is sized for 24 hours of operation Fuel consumption
Standby Prime
60 Hz Ratings, kW (kVA) 500 (625) 450 (563)
Hours of
operation
Load ¼ ½ ¾ Full ¼ ½ ¾ Full 75% PRP
US Gal/hr. 11.1 18.8 26.4 34 10.6 16.8 23.3 30.5 23.5
L/hr. 42.1 70.1 99.8 128.7 40.1 63.6 88.2 115.4 23.5
Note: DEF consumption less than 4% of fuel consumption
** Fuel consumption number are conservative pending final test.

Trailer information
Model Tire size Tire type Load range Number of tires
per trailer
Lug pattern
C500D6RE 235/75R17.5 RoadMaster
(RM170) 6000 lbs/2721 kg 4 8 hole
C
B
A
Sound Data

C500D6RE
X15-G17 60Hz Diesel
Cummins Inc. Data and specification subject to change without notice MSP-4045a (10/20)
A-weighted Sound Pressure Level @ 7 meters, dB(A)
See notes 2, 5 and 7-11 listed below
Configuration Exhaust Applied
Load
Position (Note 2) 8
Position
Average 1 2 3 4 5 6 7 8
Housed
(Enclosure & Trailer
with T4F)
Mounted
Muffler
0%
Standby 71.6 76.0 76.5 77.7 75.0 78.3 77.2 75.1 76.3
50%
Standby 75.0 78.6 79.1 79.4 77.3 79.7 79.4 78.8 78.6
75%
Standby 76.8 80.6 80.9 80.8 79.8 81.2 81.0 80.5 80.4
100%
Standby 78.0 82.2 82.3 82.5 81.9 82.9 82.2 81.8 81.9
0%
Prime 71.6 76.0 76.5 77.7 75.0 78.3 77.2 75.1 76.3
50%
Prime 74.6 78.3 79.0 79.2 76.7 79.6 79.1 78.7 78.4
75%
Prime 76.3 79.9 80.3 80.4 79.0 80.9 80.7 80.0 79.9
100%
Prime 77.7 81.6 81.8 82.1 81.1 82.6 82.2 81.5 81.5
Average A-weighted Sound Pressure Level @ 1 meter, dB(A) See notes 1, 5 and 7-14 listed below
Configuration Exhaust Applied
Load
Octave Band Center Frequency (Hz) Overall
Sound
Pressure
Level
16 31.5 63 125 250 500 1000 2000 4000 8000 16000
Housed
(Enclosure & Trailer
with T4F)
Mounted
Muffler
0%
Standby N/A 44.1 68.6 75.9 79.2 80.6 78.4 75.9 73.0 65.2 56.5 85.7 50%
Standby N/A 46.0 76.5 81.4 81.9 82.5 79.4 76.6 73.9 68.7 57.9 88.3 75%
Standby N/A 47.1 78.5 83.2 84.5 83.7 80.2 78.4 74.6 72.4 60.2 90.1 100%
Standby N/A 47.7 79.5 84.5 86.4 84.8 82.0 82.1 76.2 76.1 63.8 91.8 0%
Prime N/A 44.1 68.6 75.9 79.2 80.6 78.4 75.9 73.0 65.2 56.5 85.7 50%
Prime N/A 46.2 76.1 81.0 81.3 82.5 79.3 76.4 73.7 68.1 57.6 88.0 75%
Prime N/A 46.4 77.9 82.6 83.7 83.3 80.0 77.8 74.5 71.5 59.1 89.5 100%
Prime N/A 47.0 79.2 84.2 85.7 84.4 81.2 80.7 75.6 76.5 62.3 91.2 Sound Data

C500D6RE
X15-G17 60Hz Diesel
Cummins Inc. Data and specification subject to change without notice MSP-4045a (10/20)
A-weighted Sound Pressure Level @ Operator Location, dB(A) See notes 1, 3, 5 and 7-14 listed below
Configuration Exhaust Applied
Load
Octave Band Center Frequency (Hz) Overall
Sound
Pressure
Level
16 31.5 63 125 250 500 1000 2000 4000 8000 16000
Housed
(Enclosure & Trailer
with T4F)
Mounted
Muffler
75%
Standby N/A 44.1 76.1 81.0 78.0 79.6 75.9 73.8 70.6 69.3 56.9 86.1 100%
Standby N/A 45.3 77.7 82.3 78.9 81.0 77.0 74.4 71.4 73.5 61.3 87.4 75%
Prime N/A 43.3 75.3 80.3 77.8 79.0 75.9 73.5 70.6 68.3 55.3 85.5 100%
Prime N/A 44.3 77.3 82.1 78.9 80.7 76.3 74.2 71.2 72.9 59.4 87.1 A-weighted Sound Power Level, dB(A)
See notes 1, 3 and 6-14 listed below
Configuration Exhaust Applied
Load
Octave Band Center Frequency (Hz) Overall
Sound
Power
Level
16 31.5 63 125 250 500 1000 2000 4000 8000 16000
Housed
(Enclosure &
Trailer with T4F)
Mounted
Muffler
0%
Standby N/A 65.1 89.6 96.9 100.2 101.6 99.3 96.9 94.0 86.2 77.5 106.7 50%
Standby N/A 67.0 97.5 102.3 102.8 103.5 100.4 97.6 94.9 89.6 78.9 109.3 75%
Standby N/A 68.1 99.5 104.2 105.4 104.7 101.2 99.4 95.6 93.3 81.2 111.1 100%
Standby N/A 68.7 100.5 105.5 107.4 105.8 102.9 103.1 97.2 97.1 84.8 112.8 0%
Prime N/A 65.1 89.6 96.9 100.2 101.6 99.3 96.9 94.0 86.2 77.5 106.7 50%
Prime N/A 67.2 97.1 101.9 102.3 103.4 100.3 97.3 94.7 89.1 78.6 109.0 75%
Prime N/A 67.4 98.9 103.6 104.7 104.3 101.0 98.8 95.5 92.4 80.1 110.5 100%
Prime N/A 68.0 100.2 105.2 106.6 105.4 102.2 101.7 96.6 97.5 83.3 112.2 Exhaust Sound Power Level, dB(A)
See notes 4 and 6-14 listed below
Housed
(Enclosure & Trailer
with T4F)
Applied
Load
Octave Band Center Frequency (Hz) Overall
Sound
Power
Level
16 31.5 63 125 250 500 1000 2000 4000 8000 16000
75%
Standby N/A 63.9 97.4 101.5 102.8 101.4 87.4 89.6 82.1 74.2 54.8 107.4 100%
Standby N/A 64.3 98.4 102.8 105.4 102.9 94.2 98.0 89.8 82.4 70.8 109.5 75%
Prime N/A 63.6 96.9 100.9 101.8 100.7 84.3 86.1 76.7 69.6 N/A 106.5 100%
Prime N/A 63.7 98.0 102.4 104.4 102.3 91.9 95.3 87.3 78.6 66.3 108.7 Sound Data

C500D6RE
X15-G17 60Hz Diesel
Cummins Inc. Data and specification subject to change without notice MSP-4045a (10/20)
Global Notes:

1. Sound pressure levels at 1 meter are measured per the requirements of ISO 3744, ISO 8528-10, and European Communities Directive 2000/14/EC as applicable. The microphone measurement locations are 1 meter from a reference parallelepiped just enclosing the generator set (enclosed or unenclosed).

2. Seven-meter measurement location 1 is 7 meters (23 feet) from the generator (alternator) end of the generator set, and the locations proceed counter-clockwise around the generator set at 45° angles at a height of 1.2 meters (48 inches) above the ground surface.

3. Sound Power Levels are calculated according to ISO 3744, ISO 8528-10, and or CE (European Union) requirements..

4. Exhaust Sound Levels are measured and calculated per ISO 6798, Annex A.

5. Reference Sound Pressure Level is 20 µPa.

6. Reference Sound Power Level is 1 pW (10-12 Watt).

7. Sound data for remote-cooled generator sets are based on rated loads without cooling fan noise.

8. Sound data for the generator set with infinite exhaust do not include the exhaust noise contribution.

9. Published sound levels are measured at CE certified test site and are subject to instrumentation, measurement, installation and manufacturing variability.

10. Unhoused/Open configuration generator sets refers to generator sets with no sound enclosures of any kind.

11. Housed/Enclosed/Closed/Canopy configuration generator sets refer to generator sets that have noise reduction sound enclosures installed over the generator set and usually integrally attached to the skid base/base frame/fuel container base of the generator set.

12. Published sound levels meet the requirements India's Central Pollution Control Board (Ministry of Environment & Forests),vide GSR 371 (E), which states the A-weighted sound level at1meter from any diesel generator set up to a power output rating of 1000kVA shall not exceed 75dB(A)

13. For updated noise pollution information for India see website: http://www.envfor.nic.in/legis/legis.html

14. Sound levels must meet India's Ambient Air Noise Quality Standards detailed for Daytime/Night-time operation in Noise Pollution (Regulation and Control) Rules, 2000
Cooling System Data
C500D6RE
Cummins Inc. Data and specification subject to change without notice MCP-2091a (10/20)
Enhanced High Ambient Air Temperature Radiator Cooling System Max Cooling @ Air Flow Static Restriction, Unhoused
(inches water/mm water)
Housed in Free Air,
No Air Discharge
Restriction

0.0/0.0 0.25/6.4 0.5/12.7 0.75/19.1 1.0/25.4 1.5/38.1 Enclosed Fuel
Type Duty Rating(kW) Maximum Allowable Ambient Temperature, Degree C 60 Hz Diesel
Standby 500 N/A N/A N/A N/A N/A N/A 45
Prime 450 N/A N/A N/A N/A N/A N/A 45
Notes:

1. Data shown are anticipated cooling performance for typical generator set.

2. Cooling data is based on 1000 ft (305 m) site test location.

3. Generator set power output may need to be reduced at high ambient conditions. Consult generator set data sheet for derate schedules.

4. Cooling performance may be reduced due to several factors including but not limited to: Incorrect installation, improper operation, fouling of the cooling system, and other site installation variables.

T21028-ASSEM-10eZ-CUBE ENCLOSURE
FEATURES -(2) 12,000 LBS AXLES -(4) 6,000 LBS TIRES 235/75R17.5 -10,000 LBS JACK PINTLE HITCH TRAILERTRL35-0001-A01
T21026-A02DIKE TANK ASSEMBLY
Load Rating Fuel Consumption at Prime Approximate Runtime 100% 31.1 gph 18.4 hours
75% 23.6 gph 24.3 hours50% 16.8 gph 34.1 hours25% 9.1 gph 63.0 hours COLORS:SKY WHITE: ENCLOSUREONAN GREEN: DOGHOUSE COVER PLATESBLACK: TRAILER, DIKE, TANK

DESCRIPTION
DATE

PART NUMBER
SCALE: PAGE 4 OF 1:32 1
CUMMINS 500KW T4F TOWABLE
4/2/2020
A064A341-CUMMINS SALES
R30"
3" DRAIN PLUG
SCALE 1 : 16

DETAIL E

ACCESS PANEL
1" DRAIN VALVE
PLUG
SCALE 1 : 16

DETAIL C

RELOCATED

POWER COMMAND DOOR
4" FUEL FILL
SCALE 1 : 16

DETAIL D

RESISTIVE FUEL GAUGE
E-STOP
SCALE 1 : 16

DETAIL A
FORK POCKETT21026-W17
FORK POCKET COVERMSC40-0025-A01
SCALE 1 : 16

DETAIL B
FORK POCKETT21026-W16
FORK POCKET COVERMSC40-0025-A01
A B
182304 T21028-28
T21028-121
MS-C48550
HANDLE

DEF TANK FILL
MS-908-1147-01
D
C
E
35,000LBS SAFETY CHAIN

SPARE TIRE
4 PORT BULKHEAD -OIL RPM QUICKFIT-FUEL SUPPLY-FUEL RETURN-COOLANT T21028-25
T21028-63SERVICE DOOR SERVICE DOORT21028-88
T21028-87CONTROL ACCESS DOOR
T21028-ASSEM-D5

CABLE ACCESS DOOR
T21028-ASSEM-D4

CABLE ACCESS DOOR
T21001-W8

TIRE MOUNT
MS-SC3837
75 12 "
53 38 "
100 916 "
241"
19 1116 "
287 38 "
122 34 "
101 34 "

DESCRIPTION
DATE

PART NUMBER
SCALE: PAGE 4 OF 1:48 2
CUMMINS 500KW T4F TOWABLE
4/2/2020
A064A341-CUMMINS SALES

DOOR SWING
TRL35-0001-021

TRAILER STEP TREAD

COMPONENTS HIDDEN FOR CLARITY
RADIATOR FILL DOORT21028-ASSEM-D6

RADIATOR ACCESS DOOR

RADIATOR ACCESS DOOR
35,000LBS PINTLE RING
LADDER PANEL TOP CRANK 10,000LB JACK
70"
SCALE 1 : 8

DETAIL T
CONVENIENCE PLUGS SCALE 1 : 24

DETAIL P

CAMLOCK CONNECTIONS

BREAKER

BUSBAR CONNECTIONS
4" TYP
4" TYP
3 78 " TYP
N
1600A LINKBOARD
T21025-ASSEM-E1

ALUMINUM DIAMOND PLATE TRAY
RACOR 75/1000 FHX 3-WAY FUEL VALVES (2)
8D BATTERY
T21027-ASSEM-02SUB-BASE TANK
TIER 4 SCR CANISTER
6" EXHAUST ASSEMBLY W/ 1" INSULATION
500KW CUMMINS GENSET

SWITCHGEAR BLANK OFF WALL

BATTERY CHARGER
6" E-VENT
3" ATMOSPHERIC VENT
3" ATMOSPHERIC VENT

RAIN CAP

RADIATOR BLANK-OFF WALL
T21032-A01

DOCUMENT HOLDER
GP0265
EXT29-0002-A01
T21028-WD10
EXT10-0003-A01
SCALE 1 : 24

DETAIL N
DEF TANKTNK10-0005-A01
NOTE: DIKE WALL HIDDEN

DESCRIPTION
DATE

PART NUMBER
SCALE: PAGE 4 OF 1:36 3
CUMMINS 500KW T4F TOWABLE
4/2/2020
A064A341-CUMMINS SALES
P T
T21031-A01BOLT-IN LOUVER
ZTR M8HBZ GPS

SWITCHGEAR ASSEMBLY
T21030-ASSEM-E1

SPREADER BAR SPREADER BAR

DESCRIPTION
DATE

PART NUMBER
SCALE: PAGE 4 OF 1:32 4
CUMMINS 500KW T4F TOWABLE
4/2/2020
A064A341-CUMMINS SALES
ASCO® LOAD BANKS
5000 SERIES
1 7
2 9
8 3
4 5
6 13
14 10
11 12
15 PROOF OF

POWER ANYWHERE
5000 SERIES

LOAD BANKS
Model 5600 shown

TECHNICAL FEATURES
5000 SERIES load banks are designed and manufactured with a number of unique technical features to provide reliable and accurate load testing for any application.

Quick Connect Cable Receptacles (model
dependent) allows for quick and safe load
connection.

Main Load Bus and Control Area bolt on and
hinged panel allows access to load contactors,
branch fusing, and input bus bars.

Branch Circuit Fuse Protection is provided to
limit fault current and protect components in
the unlikely event of a phase to phase or phase
to ground short.

Load Contactors are properly engineered to
match the required load step value.

Hinged Panel provided for main load bus
access.

Local Control Monitoring Panel housed in
a rugged enclosure with hinged door for
operator interface. System control and digital
monitoring are designed for straight forward,
logical operation.

Safety & Warning Labels are positioned
across the unit to alert user prior to operation.

Aluminized Steel Construction with Powder
Coat Paint Finish are utilized for superior heat
deflection and corrosion protection
Hot Air Exhaust Louver will direct hot air
downward and away from personnel.

Travel Covers are provided on both intake and
exhaust louvers.

Cool Air Intake Louver allows cool air intake
and prevents foreign object damage.

Blower Motor and Fan Blade are integral to
load bank and engineered to provide proper
cooling CFM and motor circuit protection.

Control Enclosure Vents allow proper
ventilation in control area.

Motorized Cable Reels (optional) wide variety
of cable storage options available.

DOT Legal Trailer (optional) designed with
factory setup of proper tongue weight.

ASCO Avtron 5000 SERIES load banks are outdoor rated trailer mounted resistive units for power testing at unity power factor. Based on a rugged, heavy duty construction, 5000 SERIES are intended for continuous use and are built to withstand the rigors of varying climatic work site conditions.

All models can be customized for a particular application and are available from 200- 3000 kW with a wide voltage test range. Each model in the 5000 SERIES range has common design features which results in a proven reliable load bank at a cost effective price.

Local manual control is standard on the 5000 SERIES. SIGMA control and other digital controls are available as an option when networking, modbus, or building management system (BMS) interface is required.

Typical 5000 SERIES load bank applications include mission critical, data centers, rental, service and generator maintenance, OEM’s, and renewable energy.

As well as the 5000 SERIES, an extensive range of other load bank SERIES are also available. 5000 SERIES MODELS
For more detailed technical specifications, please refer to the relevant model specific technical data sheet.

SIGMA PLATFORM
SIGMA is a multi functional embedded load control system specifically designed for ASCO Avtron and ASCO Froment load banks. Flexible, Feature Rich, and Cost Effective it is bestin-class providing a solution for any application.

SIGMA gives intelligent, fast, user-friendly, accurate control and instrumentation with outstanding test features and data acquisition capabilities. It brings cost effective solutions to today’s power testing requirements which require high level instrumentation, data capture and verification to ISO 8528. SIGMA has the ability to network multiple load banks and control from one hand-held or PC. Alternatively, integrate SIGMA with existing BMS, Modbus, or SCADA systems for unified site control. For more information please see our SIGMA control brochure.

Resistive Only
Capacities from
200 - 3000 kW
Controls:

Local Manual, SIGMA
Trailer Ready or
Trailer Mounted
Options
Model
Name
Capacity
(kW)
Frequencies
Available (Hz)
Voltage
Range (V)
Ambient
Temperature
Range
Hot Air
Discharge
Direction
Control Options Optional Extras
5500 200-500 50, 60, 50/60 400-600 -20°F to 120°F Horizontal Local Manual Control, Pilot Relays, Remote I/O, PLC, SIGMAControl Power Transformer, Auto Load Control, Arctic Grade, Fine
Resolution
5600 500-1250 50, 60, 50/60 400-600 -20°F to 120°F Horizontal Local Manual Control, Pilot Relays, Remote I/O, PLC, SIGMAControl Power Transformer, Auto Load Control, Arctic Grade, Fine
Resolution, Quick Connect Cable
Receptacles
5800 400-3000 50, 60, 50/60 400-600 -20°F to 120°F Vertical Local Manual Control, Pilot Relays, Remote I/O, PLC, SIGMAControl Power Transformer, Auto Load Control, Arctic Grade, Fine
Resolution, Quick Connect Cable
Receptacles
5900 1000-2500 50, 60, 50/60 400-600 -20°F to 120°F Horizontal Local Manual Control, Pilot Relays, Remote I/O, PLC, SIGMAControl Power Transformer, Auto Load Control, Arctic Grade, Fine
Resolution
1 2
5 6
8 10
11 13
14 15
7 9
12 3
4 ASCO. Innovative Solutions.

ASCO® Power Technologies - Avtron Load Banks
6255 Halle Drive
Cleveland, OH 44125
USA
Tel: 216 573 7600
loadbanks.ascopower.com [email protected]
Publication 5554 • Rev-
092222-CMM
Rev. 3/2022 1
Solicitation Number: RFP #092222

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Cummins Inc., 500 Jackson Street, Box 3005, Columbus, IN 47201 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Electrical Energy Power Generation Equipment with Related Parts, Supplies, and Services from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 22, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

092222-CMM
Rev. 3/2022 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer used, close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. All equipment purchased pursuant to this Contract is governed by the express written manufacturer’s warranty (the “Warranty”) and is the only warranty offered on the equipment. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE WARRANTY, THERE ARE NO

OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED,

INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED IN THE WARRANTY SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. Supplier further warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

092222-CMM
Rev. 3/2022 3
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This

092222-CMM
Rev. 3/2022 4
approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

092222-CMM
Rev. 3/2022 5

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

092222-CMM
Rev. 3/2022 6
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

092222-CMM
Rev. 3/2022 7
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed

092222-CMM
Rev. 3/2022 8
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any third party claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any negligent act or omission or willful misconduct in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. To the maximum extent permitted by law, in no event will Supplier be liable under this Contract for consequential, incidental, or special damages, including without limitation any lost opportunity damages or lost profits, or savings, loss of use, loss of data, or downtime, even if it has been advised of their possible existence. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell

092222-CMM
Rev. 3/2022 9
under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

092222-CMM
Rev. 3/2022 10
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed

092222-CMM
Rev. 3/2022 11
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:

092222-CMM
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$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

092222-CMM
Rev. 3/2022 13
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

092222-CMM
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20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to

092222-CMM
Rev. 3/2022 15
laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

092222-CMM
Rev. 3/2022 16
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

092222-CMM
Rev. 3/2022 17
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to

092222-CMM
Rev. 3/2022 18
the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Cummins Inc.

By: __________________________ By: __________________________ Jeremy Schwartz James Stalnaker
Title: Chief Procurement Officer Title: National Accounts Sales Director Date: ________________________ Date: ________________________

092222-CMM
Rev. 3/2022 19
Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________

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Bid Number: RFP 092222 Vendor Name: Cummins Inc.

Bid Number: RFP 092222 Vendor Name: Cummins Inc.

Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Sourcewell final pricing submission.pdf - Tuesday September 20, 2022 11:21:31 Financial Strength and Stability - 2022-02-03_Cummins_Reports_Fourth_Quarter_and_Full_Year_2021 546 (1).pdf - Monday August 08, 2022 09:02:52
Marketing Plan/Samples - Sourcewell GPO Training.pdf - Tuesday September 20, 2022 13:04:49 WMBE/MBE/SBE or Related Certificates - Awards.PNG - Monday August 29, 2022 15:02:03 Warranty Information - Warranty - Commercial Generators.pdf - Monday August 29, 2022 14:49:07 Standard Transaction Document Samples - Sample - Sourcewell Project Tracking .xlsx - Thursday September 22, 2022 08:51:01 Upload Additional Document - PowerSuite and Power Hour - On line tech training and documentation.pdf - Thursday September 08, 2022 10:41:06

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Bid Number: RFP 092222 Vendor Name: Cummins Inc.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5/24/2022
Aon Risk Services Central Inc.
200 E Randolph St.

Chicago, IL 60601 317-841-6004
North American Elite Insurance Company 29700
Old Republic Insurance Company 24147
Allianz Global Risks US Insurance Co 35300
A CGP0000001-00 12/1/2021 8/1/2022 5,000,000
5,000,000
✓
10,000
✓
5,000,000
5,000,000
5,000,000
B MWTB314312-21 12/1/2021 12/1/2022 2,000,000
✓
✓ ✓
Phy Damage Self Insured
A ✓ ✓ CGU0000001-00 12/1/2021 8/1/2022 10,000,000
10,000,000
B MWC 314311-21 12/1/2021 12/1/2022 ✓
2,000,000 N
2,000,000
2,000,000
B Excess Auto Liability MWZX 315881-21 12/1/2021 12/1/2022 Limit $13,000,000 C Excess Liability USL01543421 12/1/2021 12/1/2022 Limit $10,000,000 Al King
A. I. King Insurance Agency, Inc.
[email protected]
✓
Cummins Inc.
500 Jackson Street
Mail Code 91676
Columbus IN 47201-6258
✓ ✓
✓ ✓
✓ ✓
✓
See addendum for additional insured verbiage.

Preview
21/22 GL AU UMB WC (Custom Merged) | Bev Baxter | 5/24/2022 10:06:09 AM (PDT) | Page 1 of 14 This certificate cancels and supersedes ALL previously issued certificates.

Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
▶ Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the
requester. Do not
send to the IRS.

Print or type.

See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) ▶
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):

Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign
Here Signature of
U.S. person ▶ Date ▶
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)
CONSENT CALENDAR 8.L.

DATE: March 28, 2023
TO: Mayor and Members of the City Council
FROM: Mike Malone, City Manager
Jason Ackley, Assistant to the City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A SECOND AMENDMENT TO THE AGREEMENT

WITH BAKER TILLY (FORMERLY MANAGEMENT PARTNERS) TO INCREASE THE

CONTRACT AMOUNT

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Second Amendment to the Professional Service Agreement with Baker Tilly to increase the not-to-exceed amount by $25,000, to a new maximum not-toexceed total of $200,000.

REASONS FOR RECOMMENDATION
The City of Vallejo has relied on professional services and temporary staffing to achieve numerous goals and provide support to various departments and functions. The Vallejo Municipal Code allows such professional service contracts to be signed and executed by the City Manager, up to $100,000 within a one-year period.

The City and Management Partners (now Baker Tilly) are currently under contract, with a not-to-exceed amount of $175,000 and an end date of December 31, 2022. Staff are seeking Council approval of the attached Second Amendment to add the Council Goal Setting scope of work to the current contract, extend the contract for an additional calendar year, and to add an additional $25,000 to the contract for a new total not-to-exceed amount of $200,000.

BACKGROUND AND DISCUSSION
In addition to Vallejo's full-time and part-time workforce, there are frequent times when the City relies on specialized professional services, studies and investigations, facilitation and training, and temporary placements for key positions within the organization. Often these services are secured with public-sector consulting firms best suited to performing the work or task being requested. Management Partners, now Baker Tilly, has been actively engaged by the City on an as-needed basis to provide a myriad of professional studies and services over the years.

As an example of such services, Management Partners (now Baker Tilly), has been engaged in the following matters in the past:
• Annual Council Goal Setting
• Commission Training
• Staff Facilitations
• Planning Project Management
• Management Services when high-level vacancies exist which need to be filled in a timely manner This Second Amendment to the current contract will add the following project to begin this Fiscal Year:

Date: March 28, 2023
Subject: ADOPT A RESOLUTION APPROVING A SECOND AMENDMENT TO THE

AGREEMENT WITH BAKER TILLY (FORMERLY MANAGEMENT PARTNERS) TO

INCREASE THE CONTRACT AMOUNT

Page 2 ends

Vallejo City CouncilMarch 28, 2023

Vallejo City Council
March 28, 2023