Agenda packet — Vallejo City Council, November 14, 2023 (part 4 of 4)

TO BE POSTED IN A CONSPICUOUS PLACE
AND
NOT TRANSFERABLE OR ASSIGNABLE.
2023 - 2024
TAX COLLECTOR ’S OFFICE, City Hall, 555 Santa Clara St ., Vallejo, CA. This certificate is evidence that the person (s), firm, or corporation named hereon has paid the tax required by Chapter 5.04 of the City of Vallejo Municipal Code for the type of business, the business address and for the period indicated hereon. This certificate is issued without verification that the taxpayer is subject to or exempted from licensing by local, state, Federal or other agencies. Issuance of this certificate is not an endorsement, nor a certificate of compliance with other ordinances or laws, nor an assurance that the proposed use is in conformance with the City ’s building / Fire / Zoning regulations.

DocuSign Envelope ID: 54C560C4-D357-461D-B361-B1F4943C3A55

THIS BUSINESS LICENSE DOES NOT PERMIT A
BUSINESS THAT IS OTHERWISE PROHIBITED.

Business Name
Business Location
Business Owner(s)
License Number
Effective Date
Expiration Date

CITY OF VALLEJO

BUSINESS LICENSE
3075 HIGHLAND PKWY

UNIVAR SOLUTIONS USA, INC
251 LITTLE FALLS DR
WILMINGTON, DE 19808-1674
For all inquiries regarding this license, contact HdL
Business Support Center at 707-302-6074.
"For Services Provided in the City of Vallejo, California Only" WARREN T. HILL

UNIVAR SOLUTIONS USA, INC
July 01, 2023
June 30, 2024
11710279
UNIVAR SOLUTIONS USA, INC :

Thank you for your payment on your City of Vallejo Business License. ALL LICENSES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: [email protected] or by telephone at: (707) 302-6074.

Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate license.

This certificate does not entitle the holder to conduct business before complying with all requirements of the Vallejo Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law.

If you have a fixed place of business within the City of Vallejo please display the Business License above in a conspicuous place at the premises. Otherwise, every Business License holder not having a fixed place of business in the City shall keep the Business License upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector.

Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ City of Vallejo

BUSINESS LICENSE

BUSINESS LICENSING
8839 N CEDAR AVE #212
FRESNO, CA 93720-1832
Date of Issue: 07/01/2023
11710279License Number: UNIVAR SOLUTIONS USA, INC
251 LITTLE FALLS DR
WILMINGTON, DE 19808-1674

DocuSign Envelope ID: 54C560C4-D357-461D-B361-B1F4943C3A55 Certificate Of Completion
Envelope Id: 54C560C4D357461DB361B1F4943C3A55
Status: Completed
Subject: Complete with DocuSign: Univar Solutions USA, Inc. contract for water treatment chemicals Source Envelope:

Document Pages: 107
Signatures: 7
Envelope Originator:

Certificate Pages: 6
Initials: 5
PurchasingSupport WaterDept
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
555 Santa Clara St
Vallejo, CA 94590
[email protected]
IP Address: 99.22.249.95
Record Tracking
Status: Original
10/17/2023 11:33:54 AM
Holder: PurchasingSupport WaterDept

[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Vallejo
Location: DocuSign
Signer Events
Signature
Timestamp
Randy J. Risner
[email protected]
Chief Assistant City Attorne
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 10/17/2023 11:50:24 AM
Viewed: 10/23/2023 1:45:28 PM
Signed: 10/23/2023 1:45:51 PM
Electronic Record and Signature Disclosure:

Accepted: 12/8/2020 9:16:27 AM
ID: 2e72faa4-09b6-4a4c-b35a-dc1ed470f768
Armond Sarkis
[email protected]
Risk Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 10/23/2023 1:45:55 PM
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Signed: 10/23/2023 2:20:05 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Janae Chadwick
[email protected]
Admin Analyst
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
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Sent: 10/23/2023 2:20:09 PM
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Signed: 10/23/2023 2:27:40 PM
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Beth Schoenberger
[email protected]
Water Director
City Of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
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Not Offered via DocuSign

Signer Events
Signature
Timestamp
Joe Stanaway
[email protected]
Regional Vice President

UNIVAR SOLUTIONS
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.127.187.103
Sent: 10/24/2023 10:12:40 AM
Viewed: 10/24/2023 11:03:53 AM
Signed: 10/24/2023 11:04:08 AM
Electronic Record and Signature Disclosure:

Accepted: 10/24/2023 11:03:53 AM
ID: a32bba09-6f1c-468a-8301-9edb203d0f98
Allen French
[email protected]
Purchasing Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
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Sent: 10/24/2023 11:04:12 AM
Viewed: 10/24/2023 4:02:43 PM
Signed: 10/24/2023 4:02:48 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Dawn G. Abrahamson
[email protected]
City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 10/24/2023 4:02:51 PM
Viewed: 10/24/2023 4:03:24 PM
Signed: 10/24/2023 4:03:30 PM
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Deena York
[email protected]
Legal Secretary
City of Vallejo
Security Level: Email, Account Authentication
(None)
Sent: 10/23/2023 1:45:54 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jennifer M. Perras
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/24/2023 10:12:41 AM
Viewed: 10/25/2023 6:15:44 AM
Electronic Record and Signature Disclosure:

Accepted: 10/24/2023 10:11:32 AM
ID: 4f8b82b5-f3aa-45fd-b03c-3e624385e372

Carbon Copy Events
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Angelina Joya
[email protected]
Deputy City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Sent: 10/24/2023 4:03:34 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Janae Chadwick
[email protected]
Admin Analyst
City of Vallejo
Security Level: Email, Account Authentication
(None)
Sent: 10/24/2023 4:03:36 PM
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Not Offered via DocuSign
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10/17/2023 11:50:24 AM
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10/18/2023 4:57:40 PM
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10/18/2023 4:57:40 PM
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10/18/2023 4:57:40 PM
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10/24/2023 4:03:24 PM
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10/24/2023 4:03:30 PM
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10/24/2023 4:03:36 PM
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Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Vallejo (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 10/10/2019 1:09:10 PM Parties agreed to: Randy J. Risner, Joe Stanaway, Jennifer M. Perras Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Vallejo:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected]

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To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

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First Amendment to Agreement Between the City of Vallejo and Linde, Inc. Page 1 of 2 (Revised 01.2019)

FIRST AMENDMENT TO

CHEMICAL SUPPLIES PURCHASE AGREEMENT

BETWEEN

CITY OF VALLEJO
AND
LINDE, INC.

This First Amendment (the “Amendment”) to the Chemical Supplies Purchase Agreement ("Agreement") entered July 1, 2023 between the City of Vallejo, a municipal corporation ("City"), and Linde, Inc., a Delaware corporation, hereinafter referred to as “Vendor”, is made and entered into on this 15th day of November 2023.

Vendor and City do mutually agree as follows:

1. Vendor’s Compensation. The maximum not to exceed amount specified in the Agreement is increased by three hundred thousand dollars ($300,000 ) and the not to exceed amount is increased to a total of three hundred and fifty thousand dollars ($350,000).

2. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Vendor shall perform all duties, obligations, and conditions required under the Agreement.

3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall control in all respects.

4. Ambiguities. The parties have each carefully reviewed this Amendment and have agreed to each term of this Amendment. No ambiguity shall be presumed to be construed against either party.

5. Counterparts. This Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.

6. Authority. The person signing this Amendment for Vendor hereby represents and warrants that he or she is fully authorized to sign this Amendment on behalf of the Vendor.

First Amendment to Agreement Between the City of Vallejo and Linde, Inc. Page 2 of 2 (Revised 01.2019) IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties. LINDE, INC. a Delaware corporation By: Holly O’Donnell Director, Government Programs DATE: 11706591 Vallejo Business License No. (City Seal) CITY OF VALLEJO, a municipal corporation By: Mike Malone City Manager DATE: ATTEST: By: Dawn Abrahamson City Clerk APPROVED AS TO FORM: VERONICA A.F. NEBB City Attorney APPROVED AS TO INSURANCE: ARMOND SARKIS Risk Manager Oct 18, 2023 11:20 AM, 1153734226
Pre-Requisition Form

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Water Department, Treatment Operations Staff Contact: Janae Chadwick, [email protected] Vendor: Linde, Inc. Vendor Number 100987
Term: Purchase this FY
Anticipated Purchase Date: Jul 18, 2023

Anticipated Contract Type: Other: Chemical Contract
Purchasing Authority: City Manager
Total Projected Expenditure: 50000.00

Multiple Project Numbers? Multiple Account Numbers? No, just one

Description of Proposed Purchase:

Liquid Oxygen for Water Treatment Operations for FY23.

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

It is existing vendor but total City-wide expenses are not anticipated to hit the cap of $100,000 in a single FY.

Competitive Process: This is a Cooperative Purchase

Explanation for Vendor Selection:

The City is a member of NBACP which sought and received bids from numbers suppliers for chemicals needed for the treatment of water. Linde was the lowest bidder for this chemical.

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

WarrantyNo

DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE 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

DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE 10/24/2023

Oct 18, 2023 11:22 AM, 1153735187
Contract and Routing Form

Date Originated:

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Water Department, Treatment Operations Staff Contact: Janae Chadwick, [email protected] Contract Type: Other: Chemical Contract
Vendor: Linde, Inc.

Contract Not to Exceed Amount: 50000.00
Contract Start Date: Jul 01, 2023 End Date: Jun 30, 2024

Authority to Contract: City Manager

Attachments are uploaded for review here: https://bit.ly/vContracts

Approved Pre-Requisition Form

I have uploaded additional files.No
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE

Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
City Attorney
Finance Department
City Manager
City Clerk

Return executed contract to: Janae Chadwick
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE 10/23/2023
10/23/2023
10/24/2023
10/24/2023
10/24/2023
CHEMICAL SUPPLIES PURCHASE AGREEMENT This Chemical Supplies Purchase Agreement ("Agreement") is made and entered into this 1st day of July, 2023, by and between the City of Vallejo, a municipal corporation ("City"), and LINDE INC., a Delaware corporation, hereinafter referred to as “Vendor,” who agree as follows: 1. Vendor shall provide City, and deliver to Fleming Hill, Travis, and Green Valley Water Treatment Plants, as required by the Vallejo Municipal Water System, the following: a) Chemical: Liquid Oxygen b) Unit Price: $1.38/ccf c) Agreement Not to Exceed Amount: $50,000 (Fifty Thousand Dollars) The foregoing quantity(ies) is/are an approximation only, and are the quantities estimated as required by the Water System for the Agreement term. City does not expressly or by implication warrant that the actual quantities ordered during the Agreement term will correspond therewith, and reserves the right to increase or decrease the quantity of chemical ordered, at the bid price, as may be necessary or advisable. 2. Vendor hereby agrees that all chemicals and/or materials furnished shall be in accordance with the terms and conditions of each and every provision as set forth in those specifications entitled “NORTH BAY AGENCY CHEMICAL POOL CHEMICAL REQUIREMENTS,” referenced herein and made a part hereof as though attached or recited in their entirety herein. 3. Vendor further agrees that all chemicals and/or materials furnished and delivered shall be in conformity with its bid proposal and per specifications of the North Bay Agency Chemical Pool Bid opened on April 5, 2023. 4. Vendor further agrees that all chemicals and/or materials to be furnished and delivered shall be strictly in accordance with said specifications, except that the City reserves the right to accept material other than that called forth in said specifications provided the Water Director approves in writing such other chemical/material as equal or better prior to Vendor furnishing or delivering the same. 5. Vendor has obtained or agrees to apply, prior to performance 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 Vendor until such business license(s) has been obtained. 6. Vendor shall be fully informed of all Federal, State, County or Municipal laws, statutes, ordinances, codes and regulations which may in any manner apply to or otherwise have effect on the material to be furnished and shall at all times abide by all such rulings, DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE orders and decrees of those agencies, bodies or tribunals having any jurisdiction or authority over the same.

7. City hereby agrees to pay to Vendor, in lawful money of the United States of America, at the time and in accordance with the provisions set forth in said specifications the price(s) set forth above.

8. The term of this Agreement is for Fiscal Year 2023-2 024, shall commence upon execution of the contract by the City Manager and shall continue in full force and effect until June 30, 2024. City shall, at its discretion, have the right to extend the term of this Agreement for 90 days by written notice to Vendor. The total duration of this agreement, including all extensions, shall not extend beyond September 30,2024. 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.

9. The parties hereto shall have the right by mutual consent to extend this Agreement on a month-to-month basis, notwithstanding the termination date specified above herein.

Any such agreed extension may include a revision of the unit price herein recited and such revised price shall then prevail over the unit price recited herein for the term of such extension. In the event City desires to extend this Agreement, the Water Director shall so notify the Vendor, who shall promptly accept or reject such extension in writing.

10. 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: Beth Schoenberger, Water Director
City of Vallejo Water Department
202 Fleming Hill Road, Vallejo, CA 94589
If to Vendor: Holly O’Donnell, Dir. of Government & Aerospace Programs Linde, Inc.
7000 High Grove Blvd., Burr Ridge, IL 60527
Any party may change its address for receiving notices by giving writte n notice of such change to the other party in accordance with this section.

11. The City Representative shall administer this Agreement for the City, and routine administrative communications shall be made to the C ity Representative, or the representative's designee:

Joe Abitong, Water Operations Superintendent
City of Vallejo Water Department
202 Fleming Hill Road, Vallejo, CA 94589
[email protected]
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE

12. This Agreement, including all attachments, contains the entire agreement between the parties and supersedes whatever oral or written 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.

13. 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 s uch courts, and consent to service of process issued by such courts.

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

Exhibit A: Completed/Signed “Standard Agreement” Bid Form & Addendum Exhibit B: NBACP Award Form, and Bidder’s Bid Form/Bid Tabulation Exhibit C: NBACP Bid General Requirements
Exhibit D: Manufacturer’s Information for Chemical
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

LINDE INC.,
a Delaware corporation
By:

Holly O'Donnel
Director, Government Programs
DATE:
11706591
Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Beth Schoenberger
Water Director
DATE:

ATTEST:

By:

Dawn Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Janae Chadwick
Water Finance Manager
APPROVED AS TO FORM:
for
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:

Armond Sarkis
Risk Manager
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE 10/24/2023
10/24/2023

Exhibit A Completed and Signed “Standard Agreement” Bid Form and Addendum DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE - 4 -

NORTH BAY AGENCY CHEMICAL POOL (NBACP)
FOR FISCAL YEAR 2023 – 2024

BID FORM

STANDARD AGREEMENT
c/o: John Alexander
NBACP Chair
City of Davis
City of Davis Wastewater Treatment Plant
County Rd. 28H
Davis, CA 95616
Dear Mr. Alexander:

I hereby agree to furnish the chemicals identified in the attached bid form(s), as solicited by the NBACP, to the following NBACP agencies:
1) City of American Canyon 6) City of Napa 11) Town of Yountville 2) City of Benicia 7) City of Petaluma 12) Vallejo Flood and Wastewater District 3) City of Calistoga 8) City of St. Helena
4) City of Davis 9) City of Vallejo
5) City of Fairfield 10) City of West Sacramento
and in accordance with the prices, specifications, terms and conditions as stated in the bid packet.

Company:

Address:

City, State, ZIP:

Phone:

E-mail:

Authorized Representative:

Signature: Date:

WE ACKNOWLEDGE ADDENDUM/ADDENDA NUMBER THROUGH .

SPECIFIC DEVIATIONS:

Linde Inc.
7000 High Grove Blvd.

Burr Ridge, IL 60527
(630) 320-4166 or (630 320-4231
[email protected]
*
April 28, 2023
* Linde is the current supplier. Therefore, the terms and conditions currently in place will govern the new supply period.

Holly O' Donnell
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE Exhibit B NBACP Award Form and Bidder’s Bid Form/Bid Tabulation DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE May 12, 2023 To: North Bay Agency Chemical Pool (NBACP) Members CC: Chemical Supplies Re: Recommendation for Fiscal Year (FY) 2023-2024 Chemical Purchases Please find enclosed the bid summary of the FY 2022-2023 chemical bid solicitations for the NBACP. Based on a meeting of NBACP members, the award of bids for the various chemicals for FY 2023-2024 is as follows providing the selected chemical supplier submits the appropriate insurance documents that meet the NBACP minimum insurance requirements by May 27, 2023: Aluminum Sulfate, 48% Chemtrade Chemicals $304.00/DT Aluminum Sulfate (Acid), 35% Chemtrade Chemicals $508.00/DT Sodium Hydroxide, 50% (Full Load) Univar Solutions $868.00/DT Sodium Hydroxide, 50% (Short Load) Univar Solutions $868.00/DT Sodium Hydroxide, 25% (Full Load) Univar Solutions $1008.00/DT Sodium Hydroxide, 25% (Short Load) Univar Solutions $1840.00/DT Sodium Bisulfite, 25% Univar Solutions $2.45/Gal Sodium Bisulfite 40% Univar Solutions $2.845/Gal Liquid Chlorine Gas (1-ton Cylinder) Thatcher Co. of CA Inc. $2,650.00/ton Sodium Hypochlorite, 12.5% (Full load) Thatcher Co. of CA Inc. $1.82/Gal Sodium Hypochlorite, 12.5% (Short load) Thatcher Co. of CA Inc. $2.79/Gal Sodium Hypochlorite, 12.5% (Tote) Thatcher Co. of CA Inc. $7.75/Gal Hydrofluorosilicic acid, 100% Pencco $2,487.50/DT Hydrofluorosilicic acid, 24% Pencco $597/DT Ferric Chloride, 43% Pencco $1,397.00/DT Liquid Oxygen, 100% Linde $1.38/CCF Carbon Dioxide Linde $0.16/lb. Orthopolyphosphate (Full load) Sterling $0.9384/lb. Orthopolyphosphate (Short Load) Sterling $1.0279/lb. Orthopolyphosphate (Tote) Sterling $12.4721/Gal.

DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE NBACP members will present these bids to their managers for acceptance. Purchase orders and contracts will be processed by each individual agency member to the respective chemical vendor prior to the onset of FY 2023-2024. If you have any further questions, please call me at 530-632-0594. Sincerely, _________________________ John Alexander, 2023-2024 NBACP Chairman DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE - 5 -

NORTH BAY AGENCY CHEMICAL POOL
FOR FISCAL YEAR 2022 – 2023

BID FORM

CHEMICAL PRODUCT

CONCENTRATION
COST

UNIT DELIVERY DESCRIPTION COST PER
UNIT
Aluminum Sulfate 48% Dry Ton Full Load (~ 45,000 lb)
Aluminum Sulfate 35% (acid alum) Dry Ton Full Load (~ 45,000 lb) Sodium Hydroxide 50% Dry Ton Full Load (~ 45,000 lb)
Sodium Hydroxide 50% Dry Ton Short Load (< 30,000 lb)
Sodium Hydroxide 25% Dry Ton Full Load (~ 45,000 lb)
Sodium Hydroxide 25% Dry Ton Short Load (< 30,000 lb)
Liquid Oxygen (Gas) 100% CCF Full Load (280-460 CCF)
Carbon Dioxide (Gas) 100% Pounds Full Load (~ 18,000 lb) Carbon Dioxide (Gas) 100% Pounds Short Load (< 2,000 lb) Liquid Chlorine (Cl2 Gas) 100% Ton Short Load (< 4 cylinders) Sodium Hypochlorite 12.5% Gallons Full Load (> 4,000 gal) Sodium Hypochlorite 12.5% Gallons Short Load (≤ 4,000 gal) Sodium Hypochlorite 12.5% Gallons 55-gallon drum
Ferric Chloride 43% Dry Ton Full Load (~ 45,000 lb)
Sodium Bisulfite 25% Gallons Full Load (> 1000 gal)
Sodium Bisulfite 40% Gallons Full Load (> 1000 gal)
Fluorosilicic Acid 24% Dry Ton Full Load (~ 45,000 lb)
Ortho-Polyphosphate 17 – 19% (as Ortho)
Gallons
Pound
Pound
250-gal tote
Short Load (~20,000 lb)
Full Load (~45,000 lb)
SUBMISSION CONTACT INFORMATION:

Company:

Address:

City, State, ZIP:

Phone:

E-mail:

Authorized Representative:

Signature: Date:

1.38/ccf
Linde Inc.
7000 High Grove Blvd.

Burr Ridge, IL 60527
(630) 320-4166 or (630) 320-4231
[email protected]
* Linde is the current supplier. Therefore, the terms and conditions currently in place will govern the new supply period.

April 28, 2023

0.16/lb
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Holly O' Donnell
N/A
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE NORTH BAY AGENCY CHEMICAL POOL (NBACP) - PRIMARY CHEMICAL BID RESULTS MAY 5, 2021FY 2021 - 2022 ALUMACID ALUM50% NaOH50% NaOH25% NaOH25% NaOHLOXCO2 FERRIC25% SODIUM BISULFITE 40% SODIUM BISULFITE(Dry Ton)(Dry Ton)(Dry ton)(Dry ton)(Dry Ton)(Dry Ton)(CCF) lb (gallon)(gallon) (Dry Ton)(gallon)(gallon)(Dry Ton)(adjusted)(gallon)(gallon)(gallon)Full Full Full ShortFull Short100%100%Full ShortFull Short Full Full Full 100%24%FullshorttoteBrenntag Pacific, Inc. $819.00*$915.00$983.00*$1098.00* $1.14$1.36$14.50 Carus LLC. $1.41$1.56$19.78
Chemtrade Chem$304.00$508.00
Kemira $1,443.00
Linde Inc. $1.38$0.16
Olin Corporation $2.57$2.87
Pencco, Inc. $1,397.00 $2,487.50$597.00
Sterling Water Tech $0.9384$1.0279$12.4721
Thatcher Co.of CA Inc$321.12$549.00 $2,650.00 $1.82$2.79$7.75 $2,755.60$661.34 Univar Solutions $868.00$868.00$1,008.00$1,840.00 $3.07$3.77 $2.450$2.845

FISCAL YEAR
FY 23-24
FY 22-23$386.00$550.00$742.12$1,086.33$885.70$1,319.67$1.15$0.14$1,800.00 $1.62$1.80 $1,195.00$1.795 $2,333.33$560.00$0.99$1.09$13.56 FY 21-22$266.00$450.00$402.99 $499.90 $1.05$0.09 $1,185.00$0.69$0.8027 $900.00$1.12 $2,226.09$534.26$0.4488$0.4491$27.0545 FY 20-21$285.00$375.00$443.00 $567.00 $1.00$0.07 $1,140.00$0.70$0.82 $810.00$1.09 $1,604.35$385.04$5.50$5.75$6.50 FY 19-20$255.00$297.70$674.60 $762.55 $756.00$0.26$0.00$850.00$0.65$0.65 $1.05$1,352.17 $325.50 $0.05 FY 18-19$255.00$297.70$674.60 $762.55 $0.26$0.0506$0.00$850.00$0.65$0.65 $756.00$1.05 $1,352.17$325.50 FY 17-18$232.00$257.00$538.22 $630.88 $0.28$98.32$0.00$800.00$0.53$0.59 $500.00$1.03 $1,421.74$341.22 FY 16-17$229.00$229.00$395.00 $444.06 $0.27 $615.00$645.00$0.47$0.57 $438.78$0.94 $1,661.00$398.64 FY 15-16$204.00$204.00$399.13 $463.26 $0.28 $459.00$462.00$0.50$0.57 $493.70$0.89 $1,789.83$429.56 FY 14-15$184.00$184.00$445.00 $483.80 $0.27 $519.00$555.00$0.51$0.58 $517.00$0.91 $2,065.21$495.65 FY 13-14$277.60$277.60$452.00 $479.00 $0.24 $565.00$540.00$0.62$0.50 $597.00$0.75 $2,480.39$595.29 FY 12-13$398.00$398.00$475.00 $505.00 $0.21 $565.00$540.00$0.58$0.48 No Bid$0.75 $2,550.00$612.00 OrthopolyphosphateFLUORIDECHEMICAL VENDOR LIQUID Cl2 (GAS) (1-ton Cylinder)

12.5% NaOCl
55 gal drum
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE Exhibit C NBACP Bid General Requirments
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE Exhibit D
Manufacturer’s Informaiton for
Chemical(s)
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE April 28, 2023
City of Fairfield
North Bay Regional WTP
Waterman WTP
2900 Vista Grande
Fairfield, CA 94533-1742
Dear Customer:

Please be advised that all liquid oxygen delivered to you by Linde Inc. will meet or exceed industrial grade, AWWA B304-13 Liquid Oxygen guidelines and the specifications below:

COM

PONENT SPECIFICATION
Assay 99.
50%
Moi
sture 6.0 PPM
Odor N
one Detected
Total Hydrocarbons 25.0 PPM
A d
ewpoint of ≤ -80 dF is equal to 6.0 ppm
Liqui
d oxygen supplied is certified to the NSF-60 standard for treatment of drinking water.

Sincerely,
Eric Hein
Quality Engineer
Praxair, Inc.

Page 1 of 1 ends

DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE

LINDE INC.

Certificate of Analysis - COA

Customer Name

Customer Address

Linde Number:

Product Label:

Lot Number:

Liquid Oxygen

Component Specification Analytical Result Analytical Method Assay >= 99.5 % Servomex 4100
H2O <= 6 PPM Analyzer
Odor Is None Detected Organoleptic
Total Hydrocarbons <= 25 PPM Analyzer

LDL = Lower Detection Limit of Analyzer

Authorized Linde R epresentative

Page 1 of 1 ends

DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE Route #:

Tractor #:

Trailer #:

Service Agreement #: Location: Carrier: Well Number:

Liquid Delivery
Delivery Volume:

Driver 1:

Driver 2:

Date/Time Arrived: Date/Time Depart:

Meter
Finish: Gross Weight:

Start: Tare Weight:

Net Weight:

Scale Ticket #:

U/M U/MScale
Linde #:

Customer:

Measurement Site:

Customer Prod ID:

LINDE INC
Delivered by:

Liquid Oxygen Air Liquefaction
Produced by the air liquefaction process
PO#:

Release #:

Product Label: Liquid Oxygen
Lot Number:

Page 1 of 2 ends

Date 123-45678
Proof of Delivery
Order #: 12345678
*22279310*
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE NSF-ANSI-CAN 60 by WQA
MAXIMUM USE: N/A
Order contact:

Driver or Deputy
Weighmaster:

Page 2 of 2 ends

Date 123-45678
Proof of Delivery
Order #: 12345789
*22279310*
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE

COMMERCIAL AUTO
CA 04 43 11 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 04 43 11 20 © Insurance Services Office, Inc., 2019 Page 1of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US (WAIVER OF SUBROGATION) – AUTOMATIC WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

The Transfer Of Rights Of Recovery Against Others
To Us Condition does not apply to any person(s) or
organization(s) for whom you are required to waive
subrogation with respect to the coverage provided
under this Coverage Form, but only to the extent that
subrogation is waived:

A. Under a written contact or agreement with such
person(s) or organization(s); and
B. Prior to the "accident" or the "loss."
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE PCA 048 09 19 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED AND PRIMARY AND

NON-CONTRIBUTORY ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

SCHEDULE

Designated Person(s) or Organization(s):

A. SECTION II – COVERED AUTOS LIABILITY COVERAGE, paragraph 1. Who Is An Insuredis amended to include the person(s) or organization(s) shown in the above Schedule as an additional “insured”, but only with respect to "accidents" arising out of your work while being performed for such person(s) or organization(s).

B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary:

This policy's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to the “insured” person(s) or organization(s) shown in the above Schedule provided that:

1. Such “insured” is a Named Insured under such other insurance; and

2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".

All persons or organizations where required by written contract.

DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY

ADDITIONAL INSURED

SCHEDULE
Name of Person(s) or Organization(s):

COVERED AUTOS LIABILITY COVERAGEWho Is An Insured

1. 2.

3. DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 26 12 19 © Insurance Services Office, Inc., 2018 Page 1of 1 ADDITIONAL INSURED – DESIGNATEDPERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B.With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

MWZY 313507 23 Linde Inc. 10/01/23 - 10/01/24 As required by written contract or agreement.

DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
Name Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Usof
Section IV – Conditions:

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.

MWZY 313507 23 Linde Inc. 10/01/23 - 10/01/24 As Required by Written Contract or Agreement
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE

COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1of 1 PRIMARY AND NONCONTRIBUTORY –OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to theOther Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

MWZY 313507 23 Linde Inc. 10/01/23 - 10/01/24 DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE

WC 00 03 13
(Ed. 4-84)
 1983 National Council on Compensation Insurance.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13

(Ed. 4-84)
POLICY NUMBER: MWC313504 23

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule

AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT

DATE OF ISSUE: 09-13-23
DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE

THIS BUSINESS LICENSE DOES NOT PERMIT A
BUSINESS THAT IS OTHERWISE PROHIBITED.

Business Name
Business Location
Business Owner(s)
License Number
Effective Date
Expiration Date

CITY OF VALLEJO

BUSINESS LICENSE
10 RIVERVIEW DR
LINDE, INC.

PO BOX 44
TONAWANDA, NY 14151-0001
For all inquiries regarding this license, contact HdL
Business Support Center at 707-302-6074.
"For Services Provided in the City of Vallejo, California Only"

STEVE ANGEL
LINDE, INC.

July 01, 2023
June 30, 2024
11706591
LINDE, INC. :

Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate license.

BUSINESS LICENSE

BUSINESS LICENSING
8839 N CEDAR AVE #212
FRESNO, CA 93720-1832
Date of Issue: 07/01/2023
11706591License Number: LINDE, INC.

PO BOX 44
TONAWANDA, NY 14151-0001

DocuSign Envelope ID: 8F1D08C0-C06D-499C-A13A-F0B73729F5FE Certificate Of Completion
Envelope Id: 8F1D08C0C06D499CA13AF0B73729F5FE
Status: Completed
Subject: Complete with DocuSign: Linde_Chemical Contract Source Envelope:

Document Pages: 43
Signatures: 7
Envelope Originator:

Certificate Pages: 6
Initials: 5
PurchasingSupport WaterDept
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
555 Santa Clara St
Vallejo, CA 94590
[email protected]
IP Address: 71.128.39.127
Record Tracking
Status: Original
10/18/2023 11:08:23 AM
Holder: PurchasingSupport WaterDept

[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Vallejo
Location: DocuSign
Signer Events
Signature
Timestamp
Randy Risner
[email protected]
Chief Assistant City Attorne
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 10/18/2023 11:37:24 AM
Viewed: 10/18/2023 11:42:18 AM
Signed: 10/23/2023 1:45:15 PM
Electronic Record and Signature Disclosure:

Accepted: 12/8/2020 9:16:27 AM
ID: 2e72faa4-09b6-4a4c-b35a-dc1ed470f768
Armond Sarkis
[email protected]
Risk Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 10/23/2023 1:45:19 PM
Viewed: 10/23/2023 2:24:16 PM
Signed: 10/23/2023 2:24:59 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Janae Chadwick
[email protected]
Admin Analyst
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 99.22.249.95
Sent: 10/23/2023 2:25:02 PM
Viewed: 10/23/2023 2:28:22 PM
Signed: 10/23/2023 2:28:34 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Beth Schoenberger
[email protected]
Water Director
City Of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 10/23/2023 2:28:37 PM
Viewed: 10/24/2023 10:04:12 AM
Signed: 10/24/2023 10:04:31 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Signer Events
Signature
Timestamp
Holly O'Donnell
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.244.236.106
Sent: 10/24/2023 10:04:34 AM
Viewed: 10/24/2023 11:40:13 AM
Signed: 10/24/2023 11:45:24 AM
Electronic Record and Signature Disclosure:

Accepted: 10/24/2023 11:40:13 AM
ID: 0fdd0993-e3b0-4a7d-8e73-4e7e9ec04919
Allen French
[email protected]
Purchasing Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 10/24/2023 11:45:27 AM
Viewed: 10/24/2023 4:08:15 PM
Signed: 10/24/2023 4:08:23 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Dawn G. Abrahamson
[email protected]
City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 10/24/2023 4:08:26 PM
Viewed: 10/24/2023 4:14:11 PM
Signed: 10/24/2023 4:14:16 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Angelina Joya
[email protected]
Deputy City Clerk
City of Vallejo
Security Level: Email, Account Authentication
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Sent: 10/24/2023 4:14:19 PM
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Consent Calendar

8.J.

DATE: November 14, 2023
TO: Mayor and Members of the City Council
FROM: Christina Ratcliffe, AICP, Planning and Development Services Director SUBJECT: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC TO ADD BUILDING SERVICES, EXTEND THE TERM THROUGH DECEMBER 4, 2024, AND INCREASE THE CONTRACT AMOUNT BY $236,600 TO A NOT-TO-EXCEED AMOUNT OF $305,080,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution approving a First Amendment to the Consultant and Professional Services Agreement with 4LEAF, Inc. to add building services, extend the term through December 4, 2024, and increase the contract amount to a not-to-exceed amount of $305,080, and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
The Building Division has Building Inspector vacancies that have not been filled. 4-Leaf, Inc. has been providing supplemental building inspectors to ensure safety for the community by having experienced and certified individuals inspecting construction within the City.

BACKGROUND AND DISCUSSION
The City has an existing contract with 4LEAF, Inc. to provide supplemental planning services. The Building Division uses contractual services on an as-needed basis to assist staff with plan review, building inspections and other work related to building permits during periods of high construction activity or for projects requiring specialized knowledge. Additional building support services are required at this time to supplement City staff's effort to reduce plan check turn-around time, provide customer support and manage the inspection workload in light of on-going staffing shortages.

FISCAL IMPACT
Fiscal Impact: There will be no impact on the General Fund as a result of the recommended actions. Funding for building professional services, as described herein, is paid from salary savings.

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

ATTACHMENTS

1. 2023-11-14 - 4-Leaf Amendment Resolution_CAO Stamp

2. 4LEAF First Amendment to Prof'l Svcs. Agreement_CAO Stamp

3. Exhibit A, Pages 4-8

4. Page 2 to Attachment 1 of Exhibit B

5. 4Leaf Professional Services Agreement- Contract Planner_CAO Stamp- Executed (005)

Date: November 14, 2023
Subject:

ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC TO ADD BUILDING SERVICES, EXTEND THE TERM THROUGH DECEMBER 4, 2024, AND INCREASE THE CONTRACT AMOUNT BY $236,600 TO A NOT-TO-EXCEED AMOUNT OF $305,080, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE SAME

Page 2 ends

CONTACT
Christina Ratcliffe, AICP, Planning and Development Services Director (707) 648-4382 [email protected]

RESOLUTION NO. 23- _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING A FIRST AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. TO ADD BUILDING SERVICES, TO EXTEND THE TERM THROUGH DECEMBER 4, 2024, AND TO INCREASE THE COMPENSATION AMOUNT BY $236,600 FOR A TOTAL NOT TO EXCEED AMOUNT OF $305,080 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, the City of Vallejo Planning and Development Services Department, Building Division, uses contract services on an as-needed basis to assist staff with plan review, building inspections and other work during periods of high construction activity, staff shortages, or for projects requiring specialized knowledge; and
WHEREAS, contract services supplement the City staff's effort to reduce plan check turn- around time, manage the inspection workload in light of on-going staffing shortages; and WHEREAS, 4-Leaf, Inc. is currently under contract to provide planning services; and WHEREAS, City staff desire to extend the term of the contract with 4Leaf, Inc. to assist with staff workload and add $236,600 for building services; and WHEREAS, the City’s Planning and Development Services Department salary savings will pay for this work; and
WHEREAS, this action is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Section 15378, as it is not a project that has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

NOW, THEREFORE BE IT RESOLVED that the Council hereby approves the First Amendment to the Consultant and Professional Services Agreement between the City of Vallejo and 4-Leaf, Inc. to add Building Services, increase the contract amount by 236,600 for a total not to exceed amount of $305,080 and extend the contract term through December 4, 2024.

BE IT FURTHER RESOLVED that the City Manager or his designee is hereby authorized to execute this First Amendment to the Consultant and Professional Services Agreement with 4Leaf, Inc.

Adopted by the City Council of the City of Vallejo at a regular meeting held on November 14, 2023, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST: ______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Consultant and Professional Svcs. Agreement_4LEAF, Inc. Page 1 of 3

FIRST AMENDMENT TO CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF VALLEJO AND 4LEAF, INC.

This First Amendment to the Consultant and Professional Services Agreement made and entered into on June 13, 2023, hereinafter referred to as “Agreement,” between 4LEAF Inc., a California corporation, therein referred to as “Consultant, and the City of Vallejo, a municipal corporation, therein referred to as “City,” is made and entered into on this 15th day of November, 2023.

Consultant and City do mutually agree as follows:

1. Revised Scope of Work to Include Additional Services.

A.Paragraph 1 of the Agreement is revised to read as follows:
“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 “Planning Services” and “Building Services Support,” hereinafter referred to as “Scope of Work.”
B.Exhibit A of the Agreement is amended to include “Exhibit A, Pages 4-8,” attached hereto and incorporated by reference.

2. Revised Compensation for the Additional Services.

A.Paragraph 1 of Exhibit B to the Agreement is amended to read as follows:
“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 for a total not to exceed Three Hundred Five Thousand and Eighty Dollars and Zero Cents ($305,080.00).”
B.Attachment 1 to Exhibit B of the Agreement is amended to include “Attachment 1 of Exhibit B, Page 2,” attached hereto and incorporated by reference.

C.Revised Term of the Agreement. The first sentence of Paragraph 16 of the Agreement is revised to read as follows:
“The term of this Agreement shall commence on June 13, 2023, and shall continue in full force and effect through December 4, 2024.”
The remainder of Paragraph 16 shall remain unchanged.

First Amendment to Consultant and Professional Svcs. Agreement_4LEAF, Inc. Page 2 of 3 D.Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.

E.Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.

F.Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.

G.Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.

H.Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
[Signatures on the following page]
First Amendment to Consultant and Professional Svcs. Agreement_4LEAF, Inc. Page 3 of 3 IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
4LEAF, INC.,
a California corporation
BY:

Kevin J. Duggan
President
DATE:
11710391
Vallejo Business License No
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

Mike Malone
City Manager
DATE:

ATTEST:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Christina Ratcliffe, AICP
Planning & Development Services Director
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
EXHIBIT A, Pages 4-8
ATTACHMENT 1 OF EXHIBIT B, PAGE 2
Jun 15, 2023 10:11 AM, 1112269008
Contract and Routing Form

Requisition Number: 1112258062

Date Originated:

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Planning and Building Services, Planning Division Staff Contact: Anthony.Cook, [email protected] Contract Type: Professional Services Agreement
Vendor: 4Leaf Vendor Number:100113
Business License Number: 11710391

Contract Not to Exceed Amount: 68480.00
Contract Start Date: Jun 13, 2023 End Date: Jun 13, 2024 Option to Extend: 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 Consultant and Professional Services Agreement_4Leaf, Inc. Page 5 of 10 exceed three years.

Authority to Contract: City Manager
Other Comments:

Council approved with Reso. 23-084

Insurance attached.

Pre Req. 1112258062 attached

Attachments are uploaded for review here: https://bit.ly/vContracts

Approved Pre-Requisition Form

Insurance
I have uploaded additional files.No
DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75 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: Anthony Cook
DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75 6/15/2023
6/17/2023
6/21/2023
6/23/2023
6/26/2023
6/26/2023

Consultant and Professional Services Agreement_4Leaf, Inc. Page 1 of 10

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT

4LEAF, INC.

This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 13th day of June, 2023, by and between the City of Vallejo, a municipal corporation ("City"), and 4Leaf, Inc., a California corporation, hereinafter 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 profession al services as specified in Exhibit A, entitled “Planning Services,” hereinafter referred to as “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 ki nd 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.

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4Leaf, Inc. Page 2 of 10

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 DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4Leaf, Inc. Page 3 of 10 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.

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4Leaf, Inc. Page 4 of 10

12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances ar e 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 June 13, 2023 and shall continue in full force and effect until June 13, 2024.

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 DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4Leaf, Inc. Page 5 of 10 exceed three years.

If the term of this Agreement extends into fiscal years subsequent to that in which it is initially 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 effect 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.

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.

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 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.

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4Leaf, Inc. Page 6 of 10

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 estab lishing 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 receiv e 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.

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 DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4Leaf, Inc. Page 7 of 10 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: Christina Ratcliffe
Planning & Development Services Director
Planning and Development Svcs. Dept.
555 Santa Clara Street
Vallejo, CA 94590
[email protected]

If to Consultant: Craig Tole,
Director of Development Services
4LEAF, Inc.
2126 Rheem Drive

Pleasanton, CA 94588
[email protected]

Any party may change its address for receiv ing notices by giving written notice of such change to the other party in accordance with this section.

24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written 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 DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4Leaf, Inc. Page 8 of 10 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 of City Information. 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 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.

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4Leaf, Inc. Page 9 of 10

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:

[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4Leaf, Inc. Page 10 of 10

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

4LEAF, Inc.,
a California corporation

B y :

Kevin J. Duggan
President

D A T E :

11710391

Vallejo Business License No.

(City Seal)

CITY OF VALLEJO,
a municipal corporation

B y :

Gillian Hayes
Assistant City Manager

D A T E :

ATTEST:

B y :

Dawn G. Abrahamson
City Clerk

APPROVED AS TO CONTENT:

Christina Ratcliffe, AICP
Planning and Development Services
Director

APPROVED AS TO FORM:

Veronica A.F. Nebb
City Attorney

APPROVED AS TO INSURANCE:

Armond Sarkis
Risk Mana
ger

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75 6/15/2023
6/26/2023

Cost Proposal: Planning Services
04/05/23
TBD
City of Vallejo
Off-Site Planning Services
City of Vallejo Community Development Dept.

ITEM: I 4LEAF Estimated UNIT ESTIMATED
PLANNING SERVICES Personnel Hours PRICE TOTAL
Tonya Ward 428 $160 $68,480
Preliminary Sub-Total of Services provided by 4LEAF $68,480 Preliminary Estimated Fees $68,480
Expenses N/A $0
Total Preliminary Estimated Fees $68,480
Estimate is to provide a Senior/Director level Planner to provide off-site planning services to the City of Vallejo. All assignments will come from the City. 4LEAF will provide these services at the rate of $160 per hour on a time and materials basis.

Please see other terms and conditions on 4LEAF's already contracted Fee Schedule with the City of Vallejo.

This particular assignment will be remote and 4LEAF has assigned Tonya Ward to this assignment.

Staff subject to change with approval from City Director.

DATE:
4LEAF JOB No.:

CLIENT:

PROJECT(S):

JURISDICTION
Senior Planner

EXHIBIT A
DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75 1 of 3
3 Tonya Ward, AICP, MUP
Principal Planner

Experience Summary
Tonya is a skilled Principal Planner with over 22 years of professional experience in the realm of current and long-range land use projects, environmental permitting, urban design, General Plan preparation and implementation, municipal code updates, economic
development, historic preservation, and housin g program implementation. She also has extensive public sector experience that progressed her management and processing of projects, leading her into a seasoned Principal role.

Tonya’s professional and academic industry experience contribute to her exten sive knowledge of the Planning field and her impressive presentation and public speaking skills. She is passionate about helping facilitate responsible initiatives that provide continuous opportunities for livable and equitable communities , and h er ability to serve as a leader makes Tonya is an asset to any team, project, and work environment she is assigned.

Select Professional Experience

4LEAF, Inc.

Principal Planner
2022 - Present
Tonya contributes to 4LEAF’s municipal Planning Department clients by:
• Managing complicated Planning studies and development applications and examining proposals. • Developing budgets, directing bidding processes, and verifying contract expenses and compliance. • Conducting research and organizing reports on land use, physical, social, and economic topics. • Working in regi onal program zones including natural and water resources Planning, community development, hazard modification, coastal zone management, and more. • Completing field inspections to collect data related to development review processes and verifying that development projects comply with approved plans.
• Serving as a liaison and communicating reports and findings from inspections and research to staff, officials, and Planning and Zoning boards and commissions. • Providing Planning assistance to member communities on diverse land use projects. • Supervising and mentoring junior Planners.

City of Auburn
Senior Planner
6/2018 - 11/2022
• Planned, managed, organized, and oversaw operations and services of the Planning Department Experience
22+ years

Education
Master of Urban & Regional Planning
San Jose State University
B.A., Political Science
University of Missouri, St. Louis

Affiliations
American Institute of Certified Planners
American Planning Association, CA Chapter
International Code Council

Software
Microsoft Office Suite
GIS
Granicus
Accela
HDL
TRAKiT
Tyler Technologies

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75 2 of 3

Tonya Ward, AICP, MUP

including current, advanced, and environmental planning; processing of all ministerial and discretionary planning entitlements and General Plan Updates; implementin g Master Plans and entitlements associated with the City’s Municipal Airport and Waste Treatment Plant; participated as a technical contributor for the City’s Local Hazard Mitigation Plan and Airport Land Use Compatibility Plan; prepared and implemented CEQA and NEPA documents. • Interacted with and assisted the public, development, and business community regarding the planning and/or building process.
• Managed consultants and negotiated professional service contracts. • Developed policies and procedures; prepar ed and administered budgets and grants; provided responsible and complex staff support to the City Council, City Manager, Commissions and Committees, and coordinated activities with other City officials, departments/divisions, outside agencies and organizations.
• Prepared, reviewed, attended, and present staff reports and various updates to the City Council, Planning Commission, Historical Design Review Commission, Placer County Transportation Planning Agency/ Airport Land Use Commission, California Housing and Community Development Department, Sacramento Area Council of Governments, and variety of community groups. • Coordinated Population and Land Use forecast scenarios including assisting consultants with supply side updates, revising records for Area Plans and Development projects, and providing up- to-date information.
• Supported area plans, neighborhood plans, and other UPC Initiatives. • Provided regular and timely transport, planning, design, public realm, spatial analysis, and mapping expertise to various master plans, neighborhood plans, and other revitalization projects. • Reviewed transport aspects of development applications and used GIS for better integration of land use and transportation planning.

City of Millbrae
Community Development Director
8/2015 - 6/2018
• Planned, managed, oversaw, and directed all operations and services of the Community Development Department, including activities in the Planning, Building, Code Enforcement, Housing, and Economic Development divisions.
• Managed staff and co nsultants through direct and subordinate supervisors; developed department goals, policies , and procedures; prepared and administered budgets; provided responsible and complex staff support to the City Council, Planning Commission, City Manager, and coordinated activities with other City officials, departments/divisions, outside agencies. • Participated in establishing the strategic action plan for the Department including implementation of the organization’s mission, vision, goals , and objectives, and partic ipated in follow -through monitoring to assure accomplishment of established goals. • Monitored and provided policy direction on complex development applications or activities including General Plan Update, Millbrae Area Station Specific Plan, Downtown Enhancement Plan, Housing Element implementation, Parks Master Plan Update, Community Center Restoration, Committee and Commission Reorganization, Grand Boulevard Initiative development, Capital Improvement Projects, grant administration, and modernization of co mputerized tracking systems, data, and fee schedules.

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75 3 of 3

Tonya Ward, AICP, MUP

CSG Consultants, Inc.

Principal Land Use Consultant
8/2013 - 8/2015
• City of Millbrae, CA: Developed and implemented new planning and customer service processes for the Community Development Department; prepared environmental review; managed and trained planning staff; prepared staff reports and presented at public hearings; acted as liaison to the Planning Commission; reviewed and issued a variety of entitlements for consistency with applicable laws; reviewed, coordinated, assisted, and developed required ordinance revisions. • City of Marina, CA : Prepared a Mitigated Negative Declaration for the ADA accessibility and habitat restoration of Dunes State Beach including parking and trail/walkway e nhancements.

Processed a Planned Development land use application and managed consultants.

City of Half Moon Bay
Associate Planner/Acting Planning Director
4/2004 - 7/2013
• Managed the Planning Department’s work programs and activities including counter permit and fees, coordination of projects, and support to the Planning Commission and City Council. • Interpreted architectural and engineering plans and specifications; reviewed and approved building permit applications; assisted the City Engineer with the co ordination of large and complex public works and/or capital facilities construction project(s). • Prepared and implemented CEQA and NEPA environmental assessment documents; interpreted and applied laws, ordinances , and regulations governing planning activities; analyzed and compiled technical and statistical information and reports to draft General Plan elements. • Interacted with and assisted the general public and the development community regarding the planning and building process; responded to and resolved difficult and sensitive citizen inquiries and complaints; monitored and evaluated the efficiency and effectiveness of service delivery methods and procedures.
• Provided lead direction and supervision to consultants, technical, junior, and clerical staff; trained and assigned staff in areas of work including planning methods, procedures, and techniques. • Managed project budgets, scope of work, schedule of performance, and regulatory compliance; prepared and evaluated Requests for Proposals/Request for Qualifications for site development and professional consultants; selected and managed consultants.

City of Walnut Creek
Assistant Planner
4/2001 - 6/2003
• Interacted with the general public and development community regarding the planning and/or building process; performed building plan checks and inspections; reviewed design and landscape improvements to the City’s downtown revitalization plan; coordinated Planning and Building Department activities; issued business licenses and supported Code Enforcement staff. • Processed planning assignments in accordance with environmental law; primary planner responsible for public inquiries regarding permit process; presented staff reports and recommendations to Committees, Zoning Administrator, and Planning Commission. • Managed various projects and implemented Planning Department goals and objectives; drafted ordinances and resolutions and assisted in amendments to the City’s General Plan and zoning ordinance.

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4LEAF, Inc. Page 1 of 2 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 for a total not to exceed Sixty-Eight Thousand and Four Hundred Eighty Dollars and Zero Cents ($68,480.00).

2. Appropriate Billable Hourly Rates for Services and Additional Services.

Consultant’s billable hourly rates shall be as listed 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.

A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed.

B. Request for payment shall be sent to:

Anthony Cook
Administrative Analyst
Planning and Development Services
555 Santa Clara Street
Vallejo, CA 94590
[email protected]

5. Accounting Record s of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement. 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.

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4LEAF, Inc. Page 2 of 2 Exhibit B - Compensation

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, 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.

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75 Cost Proposal: Planning Services
04/05/23
TBD
City of Vallejo
Off-Site Planning Services
City of Vallejo Community Development Dept.

Please see other terms and conditions on 4LEAF's already contracted Fee Schedule with the City of Vallejo.

This particular assignment will be remote and 4LEAF has assigned Tonya Ward to this assignment.

Staff subject to change with approval from City Director.

DATE:
4LEAF JOB No.:

CLIENT:

PROJECT(S):

JURISDICTION
Senior Planner
ATTACHMENT 1 OF EXHIBIT B
DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4LEAF, Inc. Page 1 of 3 Exhibit C – Insurance Requirements

EXHIBIT C

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance agains t 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.

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 appr opriate 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 oc currence for bodily injury, personal injury, and property damage. If Commerci al 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.

C. Workers’ Compensation and Employer's Liability: $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 certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4LEAF, Inc. Page 2 of 3 Exhibit C – Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.

3. Deductible and Self-I nsured Retention. 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.

4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:

A. 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. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.

B. 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.

C. 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.

D. 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.

E. 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.

F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

Consultant and Professional Services Agreement_4LEAF, Inc. Page 3 of 3 Exhibit C – Insurance Requirements
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.

5. Acceptability of Insurers. 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 effecting general and automobile liability insurance coverage required by this clause. 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.

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.

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAX PHONE
(A/C, No): (A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY LOC PRODUCTS - COMP/OP AGG JECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE LLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE W ILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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.

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.

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).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
5/4/2023
License # 0C41366
(925) 462-8400 (925) 462-8888
25674
4LEAF, Inc.
2126 Rheem Dr
Pleasanton, CA 94588
35378
A 1,000,000
X 6800J268720 4/9/2023 4/9/2024 1,000,000
5,000
1,000,000
2,000,000
2,000,000
1,000,000
A
X 8107R025623 4/9/2023 4/9/2024
6,000,000 A
CUP1S364055 4/9/2023 4/9/2024 6,000,000
A
X UB2T357728 4/9/2023 4/9/2024 1,000,000
1,000,000
1,000,000
B Professional Liab MKLV7PL0005809 4/9/2023 Each Claim 2,000,000 B MKLV7PL0005809 4/9/2023 4/9/2024 Aggregate 2,000,000
The attached forms apply as required per written co ntract or written agreements between the listed par ties and the insured, which are subject to the policy provisions. In the absence of such written contract or written agreement the attached form may not be applicable.

The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as ar e named as additional insured on General Liability and Automobile Liability per attached endorsements CG D 3 81 09 15 and CA T3 53 02 15. Primary applies to General Liability per attached endorsement CG D3 81 09 15. Waiver of Subrogation applies to Workers Co mpensation policy per attached endorsement WC 99 03 76.

City of Vallejo
555 Santa Clara Street
2nd Floor
Vallejo, CA 94590-5934
4LEAINC-01 MINED1
Granite Professional Insurance Brokerage, Inc.
360 Lindbergh Avenue
Livermore, CA 94551
[email protected]
Travelers Property Casualty Company of America
Evanston Insurance
X
4/9/2024
X
X
X
X
X X
X X
DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75

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DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75 RESOLUTION NO. 23-084 N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR PLANNING SERVICES NOT TO EXCEED $68,480 THROUGH JUNE 2024 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, the Planning Division’s current staffing level is not sufficient to support the work required to function appropriately and an outside consultant is required to provide technical expertise to process planning applications in a timely manner; and WHEREAS, 4LEAF, Inc. is well-qualified, willing, and able to provide such staffing and planning services; and
WHEREAS, the City’s Planning and Development Services Department has sufficient funds in its Professional Services budget to pay for this work.

NOW, THEREFORE BE IT RESOLVED that the Council hereby approves a Consultant and Professional Services Agreement between the City of Vallejo and 4LEAF, Inc., attached hereto as Exhibit A, for an amount not to exceed $68,480 through June 30, 2024.

BE IT FURTHER RESOLVED that the Council hereby authorizes the City Manager to execute the aforementioned Agreement.

Adopted by the City Council of the City of Vallejo at a regular meeting held on June 13, 2023, with the following vote:

AYES: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Bregenzer, Loera-Diaz, Matulac, and Palmares
NOES: None
ABSENT: None
ABSTAIN: None
______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST:
_____________________________________
DAWN G. ABRAHAMSON, CITY CLERK

DocuSign Envelope ID: BB2A5389-A11E-4157-87E0-6785B4C2CA75 Certificate Of Completion
Envelope Id: BB2A5389A11E415787E06785B4C2CA75
Status: Completed
Subject: Complete with DocuSign: 4Leaf Professional Services Agreement- Contract Planner_CAO Stamp- Fina...

Source Envelope:

Document Pages: 31
Signatures: 6
Envelope Originator:

Certificate Pages: 6
Initials: 6
Anthony Cook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
555 Santa Clara St
Vallejo, CA 94590
[email protected]
IP Address: 71.128.39.127
Record Tracking
Status: Original
6/15/2023 10:13:56 AM
Holder: Anthony Cook
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Vallejo
Location: DocuSign
Signer Events
Signature
Timestamp
Kevin J. Duggan
[email protected]
President
4LEAF
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.194.202.95
Signed using mobile
Sent: 6/15/2023 10:17:38 AM
Resent: 6/15/2023 10:41:11 AM
Resent: 6/15/2023 5:51:57 PM
Viewed: 6/15/2023 6:06:42 PM
Signed: 6/15/2023 6:07:02 PM
Electronic Record and Signature Disclosure:

Accepted: 6/15/2023 6:06:42 PM
ID: 598f8df3-9fd3-40ba-a7ed-5e3aeab71e4f
Christina Ratcliffe
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 6/15/2023 6:07:04 PM
Viewed: 6/15/2023 6:15:51 PM
Signed: 6/15/2023 6:16:04 PM
Electronic Record and Signature Disclosure:

Accepted: 2/9/2021 6:42:03 AM
ID: e7ed1df6-7283-4780-9d61-7b275de9aa19
Armond Sarkis
[email protected]
Risk Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.222.50.107
Sent: 6/15/2023 6:16:05 PM
Viewed: 6/17/2023 8:23:13 PM
Signed: 6/17/2023 8:24:05 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Allen French
[email protected]
Purchasing Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
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Using IP Address: 71.128.39.127
Sent: 6/17/2023 8:24:06 PM
Resent: 6/20/2023 9:36:32 AM
Resent: 6/20/2023 3:12:58 PM
Viewed: 6/21/2023 10:54:01 AM
Signed: 6/21/2023 10:54:05 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign

Signer Events
Signature
Timestamp
Veronica A.F. Nebb
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 75.101.37.162
Sent: 6/21/2023 10:54:09 AM
Resent: 6/21/2023 11:01:14 AM
Resent: 6/21/2023 3:40:43 PM
Resent: 6/22/2023 9:25:13 AM
Resent: 6/23/2023 9:10:24 AM
Viewed: 6/23/2023 4:19:39 PM
Signed: 6/23/2023 4:24:40 PM
Electronic Record and Signature Disclosure:

Accepted: 6/23/2021 5:11:28 PM
ID: efeca5c8-5bd2-4390-adf5-bad54db96447
Gillian Hayes
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 71.128.39.127
Sent: 6/23/2023 4:24:42 PM
Resent: 6/26/2023 9:38:20 AM
Viewed: 6/26/2023 11:37:14 AM
Signed: 6/26/2023 11:37:41 AM
Electronic Record and Signature Disclosure:

Accepted: 4/15/2020 8:49:56 AM
ID: 64073036-7742-40cb-9ec6-9617d2aada96
Dawn G. Abrahamson
[email protected]
City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 166.137.163.36
Sent: 6/26/2023 11:37:43 AM
Viewed: 6/26/2023 11:39:35 AM
Signed: 6/26/2023 11:39:43 AM
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Angelina Joya
[email protected]
Deputy City Clerk
City of Vallejo
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Sent: 6/26/2023 11:39:46 AM
Electronic Record and Signature Disclosure:

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Anthony Cook
[email protected]
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Sent: 6/26/2023 11:39:48 AM
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Craig Tole
[email protected]
Director of Development Services/Executive PM
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Sent: 6/26/2023 11:39:49 AM
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 10/10/2019 1:09:10 PM Parties agreed to: Kevin J. Duggan, Christina Ratcliffe, Veronica A.F. Nebb, Gillian Hayes Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Vallejo:

To contact us by email send messages to: [email protected]

If you created a DocuSign account, you may update it with your new email address through your account preferences.

Consent Calendar

8.K.

DATE: November 14, 2023
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION APPROVING A CONTRACT WITH TELSTAR INSTRUMENTS

FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM UPGRADES IN A NOT-TO-EXCEED AMOUNT OF $500,000 AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE SAME

RECOMMENDATION
Adopt a resolution approving a contract with Telstar to perform SCADA system upgrades in a not to exceed amount of $500,000 and authorize the City Manager to execute the contract.

REASONS FOR RECOMMENDATION
The City’s water treatment and distribution systems are monitored and managed by a Supervisory Control and Data Acquisition (SCADA) system. For nearly a decade, Telstar Instruments has provided highly technical expertise to help maintain the Water Department’s SCADA system, including providing as-needed operational services. Telstar staff has institutional and historical knowledge that is critical to completing successful SCADA upgrades. Critical upgrades to the SCADA system as detailed in the SCADA Master Plan will be made possible by executing this contract with Telstar and doing so is in the City’s best interest in light of the specific design of the water system. Approval of the contract provides continuity for continued efforts to improve the SCADA system to increase security and operations of the water treatment plants, reservoirs, pump stations, and valves.

BACKGROUND AND DISCUSSION
SCADA, or Supervisory Control and Data Acquisition, is a system comprised of hardware and software components used to monitor and control industrial processes such as a drinking water system. With a SCADA system, drinking water system operators can collect and analyze real-time data, monitor and manage alarms, and program automatic control responses triggered by certain events or system parameters. SCADA is used to monitor tank levels, chemical levels, water quality, pressures, pump flow rates, and more. SCADA is also used to ensure facilities are secure by monitoring and controlling door alarms, motion sensors, video cameras, and by alerting security personnel.

Telstar Instruments is one of the leading organizations in the SCADA field. Telstar has provided the the Water Department as-needed services that are key to maintaining the Department’s current SCADA system and, as a result, has historical and institutional knowledge of the City’s SCADA and water systems. (The Water and HR Departments have been unable to create full time City of Vallejo positions requiring the necessarily high level of technical SCADA competency and the salary levels this expertise commands which is out of scale with the City's existing salary structures.) While the City currently has an existing as-needed services contract with a not-to-exceed amount of $2,807,500 that expires on June 30, 2025, a new contract for SCADA is needed because it is a completely different project.

The existing as-needed services contract will continue to be used for maintenance. The proposed contract will be used to upgrade the SCADA system. Due to the complexity of Vallejo’s SCADA system, the existing maintenance contract, and the historical knowledge of Telstar, it is recommended that City Council consider it

Date: November 14, 2023
Subject:

ADOPT A RESOLUTION APPROVING A CONTRACT WITH TELSTAR INSTRUMENTS FOR

SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM UPGRADES IN A NOT- TO-EXCEED AMOUNT OF $500,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE SAME

Page 2 ends

to be in the City’s best interest to execute a contract with Telstar for SCADA System Upgrades without the necessity of bidding.

As part of the Water Department's ongoing SCADA Master Plan development, which assessed the current state of the City’s SCADA systems, a list of SCADA requirements was developed. A total of 14 short-term projects and 12 long-term conceptual project scopes have been identified to address SCADA system enhancements needed to meet the system requirements. Among these projects, 12 of the short-term initiatives have been deemed as providing relatively quick results for the Water Department, with the potential for execution within a 12-month timeframe. It was determined that of these 12 projects, two could be completed by Telstar and one would require their technical support to Water staff for part of the project. The remaining quick results projects are planned to be completed by EMA Inc. (with the EMA contract being brought to Council for consideration in a separate agenda item). The table below lists the short-term projects Telstar would work on.

Project Total
Alarm & Event Management (Support) $125,569
Human-Machine Interface Access Control Enhancements $72,861 Fleming Hill Water Treatement Plant Remote Workstation
Upgrades
$120,706
Budget for Long Term Projects: $180,864
Total $500,000

FISCAL IMPACT
This contract will cost $500,000 and will have an end date of September 26, 2028. This contract is funded through 2021A Water Bond Funds through water project number WT7086. There will be no fiscal impact on the General Fund associated with this amended agreement.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is a project that will include only minor alterations of existing public facilities involving negligible expansion of former use CEQA Guidelines section 15301.

ATTACHMENTS

1. TelStar - Resolution CAO Stamp

2. TelStar - Professional Services Agreement - Revised (1) CAO Stamp

3. TelStar - Certificate of Insurance

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 APPROVING A

CONTRACT WITH TELSTAR INSTRUMENTS FOR SUPERVISORY CONTROL AND DATA

ACQUISITION (SCADA) SYSTEM UPGRADES AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE CONTRACT
WHEREAS, the City of Vallejo Water Department possess a variety of assets requiring upkeep and enhancement essential to the functioning of the City’s available water treatment plants, reservoirs, pump stations, and valves; and
WHEREAS, the City of Vallejo and Telstar Instruments have an existing As-Needed Supervisory Control and Data Acquisition (SCADA) Contract for maintenance executed on January 1, 2018.

The existing contract has a termination date of June 30, 2025 and a total not-to-exceed amount of $2,807,500. For over 21 years, Telstar has helped maintain the SCADA system which is needed to operate, maintain, and secure water facilities in City of Vallejo Water Department service areas; and
WHEREAS, the existing as-needed services contract will continue to be used for maintenance.

The proposed contract will be used to upgrade the SCADA system; and WHEREAS, because of the complexity of the City’s SCADA system, the existing SCADA maintenance contract with Telstar Instruments, and the historical knowledge of the SCADA system possessed by Telstar Instruments, the Water Department has determined that it is in the City’s best interest to utilize the services provided by Telstar Instruments to perform work to complete projects identified in the SCADA Master Plan; and WHEREAS, the City’s Water Department has sufficient funding in the Water Enterprise Fund to pay for this work.

NOW THEREFORE, BE IT RESOLVED that pursuant to section 3.20.090A12 and the reasons set forth in this resolution, the City Council finds and determines that it is in the best interests of the City to forego the public bidding requirements set forth in Chapter 3.20 of the Municipal Code and retain Telstar Instruments because of their long history with the City of Vallejo and their expertise in the details of the City’s SCADA system.

BE IT FURTHER RESOLVED that the City Council hereby approves the contract with Telstar Instruments for the performance of SCADA Upgrades in the total not-to-exceed amount of $500,000, to be paid from the Water Department’s Water Enterprise Funds and authorizes the City Manager to execute the contract on behalf of the City.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on November 14, 2023, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Professional Services Agreement (Revised 01.2019) Page 1 of 10 Approved as to form:

By: for
Veronica Nebb, City Attorney

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 10 th day of August 2023, by and between the City of Vallejo, a municipal corporation ("City"), and Telstar Instruments, a California corporation, hereinafter referred to as “Vendor”, who agree as follows:

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

2. Payment. City shall pay Vendor 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 Vendor for services rendered pursuant to this Agreement.

3. Facilities and Equipment. Vendor 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. Vendor 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, vendor’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 Vendor’s operations, or any subcontractor’s operations, to be performed under this agreement for Vendor’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 Vendor, 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.

Professional Services Agreement (Revised 01.2019) Page 2 of 10

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

6. Accident Reports. Vendor 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. Vendor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Vendor’s family, business, real property or financial interests and the services to be provided under this Agreement. Vendor 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 Vendor’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 Vendor shall disclose such conflict in writing to City. Every individual who performs services on behalf of Vendor 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. Vendor is an independent contractor. Neither Vendor nor any of Vendor’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 Vendor only insofar as the results of Vendor’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Vendor accomplishes services pursuant to this Agreement.

9. Licences, Permits, Etc. Vendor represents and warrants to City that all Vendor 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 Vendor has all the permits, qualifications and approvals of whatsoever nature which are legally required for Vendor to practice its profession.

Professional Services Agreement (Revised 01.2019) Page 3 of 10 Vendor 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 Vendor to practice its profession.

10. Business License. Vendor, 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 Vendor until such business license(s) has been obtained.

11. Standard of Performance. Vendor 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 Vendor’s profession currently practicing in California.

Vendor 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.

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

Vendor 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 Vendor 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 Vendor 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 Vendor.

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, Professional Services Agreement (Revised 01.2019) Page 4 of 10 lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.

In the event that the Vendor is unable to meet the completion date or schedule of services, Vendor 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. Vendor 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 Vendor pursuant to this Agreement shall be the full and complete compensation to which Vendor and Vendor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Vendor nor Vendor’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 Vendor. The City shall not be required to pay any workers' compensation insurance on behalf of Vendor.

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

15. Vendor 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, Vendor shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Vendor 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 August 10, 2023 and shall continue in full force and effect until June 30, 2025.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one (1) year, by written notice to Vendor. The total duration of this Agreement, including the exercise of any options under this section, shall not 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 Professional Services Agreement (Revised 01.2019) Page 5 of 10 appropriation of funds for such purpose by the City Council of the City of Vallejo.

If funds to effect such continued payment are not appropriated, Vendor 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 Vendor. Upon receipt of a notice of termination, Vendor shall perform no further work except as specified in the notice. Before the date of termination, Vendor 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.

The City shall pay Vendor 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 Vendor for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Vendor 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 Vendor resulting from services rendered pursuant to this Agreement, shall become the property of City. Vendor 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 Vendor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

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

Professional Services Agreement (Revised 01.2019) Page 6 of 10

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

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

22. Non-Discrimination/Fair Employment Practices.
(a) Vendor 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.

Vendor 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 Vendor for Professional Services Agreement (Revised 01.2019) Page 7 of 10 work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Vendor of Vendor’s obligation under this Agreement relative to nondiscrimination and fair employment practices.

Vendor shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Vendor 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.

If to City: Beth Schoenberger
Water Director
City of Vallejo – Water Department
202 Fleming Hill Road
Vallejo, CA 94589
If to Vendor: Ben Herston
Managing Director
Telstar Instruments
4017 Vista Park Court
Sacramento, CA 95834
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.

25. Severability Clause. Should any provision of this Agreement ever be Professional Services Agreement (Revised 01.2019) Page 8 of 10 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.

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. Vendor will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

32. Confidentiality of City Information. During the performance of services under this Agreement, Vendor 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. Vendor agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Vendor’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.

Professional Services Agreement (Revised 01.2019) Page 9 of 10 Vendor shall treat all records and work product prepared or maintained by Vendor in the performance of this Agreement as confidential.

A violation by Vendor of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

Vendor’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.

33. News and Information Release. Vendor 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.

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

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 [SIGNATURES ON FOLLOWING PAGE]
Professional Services Agreement (Revised 01.2019) Page 10 of 10 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

TELSTAR INSTRUMENTS,
a California corporation
By:

Ben Herston
Managing Director
DATE:
11706320
Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Mike Malone
City Manager
DATE:

ATTEST:

By:

Dawn G Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Beth Shoenberger
Water Director
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
Professional Services Agreement (Revised 01.2019) Page 1 of 10 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Dakari Barksdale
Associate Civil Engineer
Water Department
202 Fleming Hill Road
Vallejo, CA 94589
(707) 567-7245
[email protected]
The Vendor’s Representative for this Agreement is:

Suresh Patil
Programming Manager
Telstar Instruments
4017 Vista Park Court
Sacramento, CA 95834
(916) 275-3331
[email protected]
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 Vendor 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. Vendor 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, Vendor shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Vendor will complete all services by June 30, 2025.

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. Vendor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Vendor and that compelling reasons for substituting these individuals must be Professional Services Agreement (Revised 01.2019) Page 2 of 10 Exhibit A – Scope of Work
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 Vendor’s obligations under this Agreement and shall be grounds for termination.

Key personnel are as follows: Ben Herston, Suresh Patil Professional Services Agreement (Revised 01.2019) Page 3 of 10 Exhibit A – Scope of Work
ATTACHMENT 1 OF EXHIBIT A

Professional Services Agreement (Revised 01.2019) Page 4 of 10 Exhibit A – Scope of Work

Professional Services Agreement (Revised 01.2019) Page 5 of 10 Exhibit A – Scope of Work

Professional Services Agreement (Revised 01.2019) Page 6 of 10 Exhibit A – Scope of Work

Professional Services Agreement (Revised 01.2019) Page 7 of 10 Exhibit A – Scope of Work

Professional Services Agreement (Revised 01.2019) Page 8 of 10 Exhibit A – Scope of Work

Professional Services Agreement (Revised 01.2019) Page 9 of 10 Exhibit A – Scope of Work

Professional Services Agreement (Revised 01.2019) Page 10 of 10 Exhibit A – Scope of Work

Professional Services Agreement (Revised 01.2019) Page 1 of 4 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Vendor’s Compensation.

A. Services: City agrees to pay Vendor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00).

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

City agrees to pay Vendor for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, once billed, upon satisfactory completion of the services and delivery of the work product.

B. Additional Services:

1. Additional Services are those services related to the scope of Services of Vendor 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 Vendors to perform said Additional Services.

2. Vendor’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 Vendor, compensation to Vendor shall not exceed the fixed fee amount.

2. Appropriate Billable Hourly Rates for Services and Additional Services.

Vendor’s billable rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.

A. Price Adjustments:

1.Direct Cost: In this section means Vendor’s costs from the Professional Services Agreement (Revised 01.2019) Page 2 of 4 Exhibit B - Compensation
manufacturer of any item or if Vendor is the manufacturer, the cost of raw materials required to manufacture the item, plus transportation costs from manufacturer to Vendor and Vendor to the City.

2.Price Decreases: If Vendor’s direct cost decreases at any time during the term of this contract, Vendor shall immediately pass the decrease to the City and lower its prices by the amount of the decrease in direct cost. Vendor shall notify the City of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon City’s receipt of Vendor’s notice

3.Price Increases: Vendor may request a price increase after one hundred twenty (120) days from the effective date of the contract.

The effective date starts from the date contract has been signed.

Subsequent price increases may be requested twelve months from the date of the previous approved price increase. The amount of the first increase shall not exceed actual documented increase in Vendor’s direct cost and shall not be more than five percent (5%) above the previous quotation price. Subsequent increases shall also not exceed this percentage. To request a price increase, Vendor must submit a letter with an itemized list showing revised prices by line item. The letter and documentation shall be sent to the following address: City of Vallejo Corporation Yard, 111 Amador Street, Vallejo, CA 94590. If the City approves the price increase, Vendor shall be notified in writing; no price increase will be effective until Vendor receives this notice.

4.Billable Rate Adjustments: Vendor may, no later than March 1 st of each year, submit a request to increase any or all hourly rates based on increases to California minimum wage rates approved and scheduled to take effect within the City’s next fiscal year (July 1 – June 30). Upon approval by City, new rates will take effect the following July 1st.

5.Termination of Performance: If the City does not approve Vendor’s price increase, Vendor may terminate its performance under the agreement upon sixty (60) days advance written notice. Termination of Performance is Vendor’s only remedy if the City does not approve the price increase. If at any time after approving a price increase, the City determines the same item or service can be obtained at a lower price from a different source without violating any state law, the City may then purchase the item or service from the lower price source without any obligation to Vendor.

Professional Services Agreement (Revised 01.2019) Page 3 of 4 Exhibit B - Compensation

3. Vendor’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Vendor 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 Vendor.

A. Payments to Vendor shall be made within a reasonable time after receipt of Vendor’s invoice, said payments to be made in proportion to services performed.

Vendor may request payment on a monthly basis. Vendor 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 Vendor 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 Vendor for correction. City shall not be responsible for delays in payment to Vendor resulting from Vendor’s failure to comply with the invoice format described above.

D. Request for payment shall be sent to:

City of Vallejo – Water Department
Account Clerk
Water Department
202 Fleming Hill Road
Vallejo, CA 94589

5. Accounting Records of Vendor. Vendor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Vendor’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Vendor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Vendor 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.

Professional Services Agreement (Revised 01.2019) Page 4 of 4 Exhibit B - Compensation
The obligations of Vendor under this section shall survive this Agreement.

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

7. Taxpayer Identification Number. Vendor shall provide City with Vendor’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.

Vendor and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit C – Insurance Requirements

EXHIBIT C

INSURANCE REQUIREMENTS
Vendor 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 Vendor, their agents, representatives, or employees or subcontractors.

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

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 Vendor’s profession (Errors and Omission).

2. Minimum Limits of Insurance. Vendor 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.

C. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Vendor is not subject to California Workers’ Compensation requirements, Vendor shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.

Vendor and Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit C – Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.

3. Deductible and Self-Insured Retention. 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 Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:

A. 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 Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.

B. For any claims related to this project, the Vendor'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 Vendor's insurance and shall not contribute with it.

D. The Vendor'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.

F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier Vendor and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit C – Insurance Requirements
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 Vendor’s performance under this Agreement.

5. Acceptability of Insurers. 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. Vendor shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. 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.

7. Subcontractors. Vendor 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 Vendor if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Vendor otherwise ceases to be insured as required herein.

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
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

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 EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
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
10/12/2023
Professional Insurance Associates, Inc.
2270 Douglas Blvd #212
Roseville CA 95661
650-592-7333
650-594-4936
License#: 0467457
National Fire Insurance Compan
20478
TELSINS-01
American Casualty Company Of R
20427
Telstar Instruments
4017 Vista Park Court
Sacramento CA 95834
Continental Insurance Company
35289
Berkshire Hathaway Homestate
20044
1632825672
A
X
1,000,000
X
100,000
15,000
1,000,000
2,000,000
X
Y
2077790895
2/17/2023
2/17/2024
2,000,000
Employee Benefits
1,000,000
B
1,000,000
X
X
X
2077790976
2/17/2023
2/17/2024
C
X
9,000,000
4020050663
2/17/2023
2/17/2024
9,000,000
X
10,000
D
X
Y
TEWC428571
2/17/2023
2/17/2024
1,000,000
1,000,000
1,000,000
A
Limited Pollution
Liability
2077790895
2/17/2023
2/17/2024
Aggregate
Per Occurrence
2,000,000
1,000,000
RE: All California Operations. The City of Vallejo is named as Additional Insured for General Liability per Form CNA75079 (1-15). General Liability Primary Wording per Form CG 00 01 0413. Worker's Compensation Waiver of Subrogation per Form WC99 0410C. Ten (10) Days Notice of Cancellation for Non-Payment of Premium.

City of Vallejo Utilities Dept Water Division
202 Fleming Hill Road
Vallejo CA 94589
USA

Primary and Noncontributory - Other Insurance
Condition Endorsement

CNA74987XX (1-15) Policy No: 2077790895

Page 1 of 1 ends

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
It is understood and agreed that the condition entitled Other Insurance is amended to add the following:

Primary And Noncontributory Insurance
Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that:
a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour st ated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA71527XX
(Ed. 10/12)

CNA71527XX (10/12) Policy No: 2077790976

Page 1 of 1 ends

ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:

SCHEDULE
Name of Additional Insured Persons Or Organizations

“Any person or organization that you are required by written contract to make an additional insured under this insurance is an "insured", but only with respect to that person or organization's legal liability for acts or omissions of a person who qualifies as an "insured" for Liability Coverage under Section II – Who Is An Insured of this Coverage Form.”

1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II – LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.

2. The insurance a fforded to the additional insured under this policy will apply on a primary and non -contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.

All other terms and conditions of the Policy remain unchanged.

Policy No.:

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WC 99 04 10 C
(Ed. 01-19)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA

BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)

The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule

Blanket Waiver

Person/Organization

Blanket W aiver – Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

Waiver Premium (prior to ad justments)

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)

Endorsement No.:

Premium $
Insurance Company:

WC 99 04 10 C

Countersigned by ______________________________________

(Ed. 01-19)
Job Description
All CA Operations
Berkshire Hathaway Homestate Ins Co
TEWC428571
4641.00
02/17/2023
Endorsement Effective :

Insured: Telstar Instruments

Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement

CNA75079XX (10-16) Policy No: 2077790895

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This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:

I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:

A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if:

1. the written contract requires you to provide the additional insured such coverage; and

2. this coverage part provides such coverage.

II. But if the written contract requires:

A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or
B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:

WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.

III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:

A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.

IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:

A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:

1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and

2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.

V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended t o add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:

Primary and Noncontributory Insurance

Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement

CNA75079XX (10-16) Policy No: 2077790895

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With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:

1. primary and non-contributing with other insurance available to the additional insured; or

2. primary and to not seek contribution from any other insurance available to the additional insured.

But except as specified above, this insurance will be excess of all other insurance available to the additional insured.

VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:

Any additional insured pursuant to this endorsement will as soon as practicable:

1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;

2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and

3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.

However, if the written contract requires this insurance to be primary and non-contributory, this paragraph

3. does not apply to insurance on which the additional insured is a named insured.

The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.

VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:

Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:

A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:

1. the bodily injury or property damage; or

2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.

Any coverage granted by this endorsement shall apply solely to the extent permissible by law.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

Waiver of Transfer of Rights of Recovery Against
Others to the Insurer Endorsement

CNA75008XX (10-16) Policy No: 2077790895

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This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Any person or organization with whom you have agreed in writing in a contract or agreement to waive any right of recovery against such person or organization, but only if the contract or agreement:

1. Is in effect or becomes effective during the term
of this policy; and

2. Was executed prior to loss.

(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS , it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following:

With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer make s for injury or damage arising out of the Named Insured’s ongoing operations or your work included in the products-completed operations hazard.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

Action Item

9.A.

DATE: November 14, 2023
TO: Mayor and Members of the City Council
FROM: Mark Helmbrecht, Acting Public Works Director
Dan Sequeira, PE, Assistant Public Works Director / City Engineer SUBJECT: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE SIDESHOW DETERRENT PROJECT NO. PW9430, AWARDING A CONSTRUCTION CONTRACT TO CALIFORNIA HIGHWAY CONSTRUCTION GROUP, INC. IN THE AMOUNT OF $889,500, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution approving project plans and specifications for the Sideshow Deterrent Project, Project No.

PW9430, awarding a construction contract to California Highway Construction, Inc. in the amount of $889,500.00 and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
The Project is part of the City's response to increased sideshow activity in partnership with the Vallejo Police Department and is funded by American Rescue Plan Act (ARPA) funds.

BACKGROUND AND DISCUSSION
Funding for the Project was approved by the City Council as part of the FY 2022-2023 Budget on June 14, 2022.

The Project involves work to mitigate sideshow activities by the installation and/or construction of replacement asphalt concrete pavement, removal and installation of pavement striping, installation of signs and posts, delineators, rumble strips, hardened bases, hardened centerlines and traffic circles.

Additive alternative bidding is a technique used by public agencies to achieve the maximum project scope within an available budget. Under this procedure, the agency defines its critical project scope as the "base bid" and defines additional scope as an "alternate(s)." The agency further determines the basis for determining the lowest bidder. For example, it may choose to select the lowest bidder based on the lowest based bid or lowest base bid plus one or more alternates or one of the other ways, pursuant to Public Contract Code Section 20103.8.

For this project, the bid documents provided that the low bidder would be determined based on the lowest base bid identified as work performed at the following intersections:
• 5th Street / Winchester Street
• Corcoran Avenue / Olympic Avenue
• Del Mar Avenue / DeAnza Drive
• Gateway Drive / Souza Way
• Griffin Drive / Sage Street
• Hale Street / Woodvale Court
• Henry Street / Lassen Street
• Henry Street / Vervais Avenue

Date: November 14, 2023
Subject:

ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE SIDESHOW DETERRENT PROJECT NO. PW9430, AWARDING A CONSTRUCTION CONTRACT TO CALIFORNIA HIGHWAY CONSTRUCTION GROUP, INC. IN THE AMOUNT OF $889,500, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME

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• Laurel Street / Spruce Street
• Mini Drive / Corcoran Avenue
• Mini Drive / Stanford Drive
• Mini Drive / Whitney Avenue
• Ohio Street / Santa Clara Street
• Regents Park Drive / Brunswick Drive
• Skyline Drive / Vervais Avenue
• Wilson Ave / Farragut Avenue

Additional intersections were included as additive alternate bids:
• Alternate Bid No. 1 - Cabrillo Avenue / Wilshire Avenue • Alternate Bid No. 2 - Mariposa Street / Illinois Street • Alternate Bid No. 3 - Mariposa Street / Louisiana Street • Alternate Bid No. 4 - Mariposa Street / Nebraska Street

The plans and specifications, prepared and completed under the direction of the City Engineer, were advertised for twenty-one days starting on May 24, 2023. On June 14, 2023, two sealed bids were received, opened, and publicly read by the Deputy City Clerk. The bids, in order from lowest to highest, are as follows:

CONTRACTOR BASE BID ALT. BID
NO. 1
ALT. BID
NO. 2
ALT. BID
NO. 3
ALT. BID
NO. 4
TOTAL
California
Highway
Construction
Group, Inc.
$889,500.00 $82,000.00 $82,000.00 $70,000.00 $94,500.00 $1,218,000.00 Ghilotti Bros,
Inc.
$1,350,554.00 $103,000.00 $95,000.00 $88,000.00 $90,000.00 $1,726,554.00

Staff has determined that California Highway Construction Group, Inc. (CHCGI) is the lowest responsive and responsible bidder. There are sufficient funds in the project budget to cover the base bid but not any of the bid alternates.

FISCAL IMPACT
There will be no fiscal impact on the General Fund associated with this item, as it is funded through the capital program funds. The PW9430 Sideshow Deterrent Project budget is as follows:

SOURCES BUDGET EXPENDITURES
Fund 201: Capital Outlay
ARPA (American Rescue Plan Act)
$ 700,000
Date: November 14, 2023
Subject:

MANAGER TO EXECUTE SAME

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Proposed Budget Transfer of Fund 201: Capital Outlay
from project PW9441 - Magazine Street Narrowing
(which has not started yet)
$ 100,000
Proposed Budget Transfer of Fund 201: Capital Outlay
from project PW9730 - Citywide Road Diet Study
(putting project on hold)
$ 73,832
Proposed Budget Transfer of Fund 203
Fund 203: Traffic Impact Mitigation Fee (TIMF)
from project PW9417 -Traffic Calming Toolbox
(putting project on hold)
$ 120,849
Proposed Budget Transfer of Fund 219
Fund 219: Gas Tax / Highway Users Tax Act (HUTA)
from project PW9745 - Citywide Slurry Seal
(due to project being in design phase)
$ 143,769

Pre-Construction Design / Plans / Specs / Estimates ($ 110,000.00) Construction Contract ($ 889,500.00)
Construction Contingency (~10%) ($ 88,950.00)
Construction Management & Inspection ($ 50,000.00) TOTALS $1,138,450.00 ($1,138,450.00)

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c) because it consists of alterations to existing streets to improve their safety and does not add additional automobile lanes.

ATTACHMENTS

1. Resolution Award Contract to California Highway Construction Group, Inc._CAO Stamp

2. Construction Contract PW9430_CAO Stamp

3. Location Map

CONTACT
Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]

RESOLUTION NO. 23-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE SIDESHOW DETERRENT PROJECT (PW9430), AWARDING A CONSTRUCTION CONTRACT TO CALIFORNIA HIGHWAY CONSTRUCTION GROUP, INC. IN THE AMOUNT OF $889,500.00, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, the Sideshow Deterrent Project, Project No. PW9430, was approved by the City Council when it adopted the FY 2022-2023 Budget on June 14, 2022; and
WHEREAS, the City advertised for one base bid and four additive alternate bids, which would be exercised based on available budget; and
WHEREAS, the City publicly opened bids on June 14, 2023, and received two bids, and WHEREAS, Vallejo Municipal Code Section 3.20.200 provides that construction contracts shall be awarded to the lowest responsive and responsible bidder, and
WHEREAS, staff has determined that California Highway Construction Group, Inc. of Concord, CA (CHCGI) is the lowest responsive and responsible bidder; and
WHEREAS, staff has completed its analysis of CHCGI’s bid proposal and determined it possesses an appropriate and valid contractor's license and has provided satisfactory references that confirmed CHCGI exhibited the five attributes of a responsible contractor for its respective projects; and WHEREAS, there are sufficient funds in the project budget to cover the base bid but not any of the alternate bids.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo hereby approves and adopts the Plans and Specifications for the Sideshow deterrent Project, Project No. PW9430.

BE IT FURTHER RESOLVED that an invitation for bids was duly advertised.

BE IT FURTHER RESOLVED that California Highway Construction Group, Inc. was determined to be the lowest responsive and responsible bidder and is hereby awarded a contract in the amount of $889,500.00 for the total base bid.

BE IT FURTHER RESOLVED that all other bids, to-wit:

Ghilotti Bros, Inc. $1,350,554.00
are hereby deemed rejected, upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Construction Contract between the City of Vallejo and California Highway Construction Group, Inc., with any modifications recommended by the City Attorney, and the City Clerk to attest the signing of that Agreement.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute future Contract Change Orders not to exceed the appropriated project budget.

Adopted by the City Council of the City of Vallejo at a regular meeting held on November 14, 2023, with the following vote:

AYES:

NOES:

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

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

CONTRACT
FOR

CITY-WIDE SIDESHOW DETERRENCE PROJECT
PROJECT NO. PW9430
THIS CONTRACT (“Contract”) made and concluded in duplicate this 14th day of November, 2023, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, acting by and through its City Council, hereinafter called City, and California Highway Construction Group, Inc., a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of the City of Vallejo heretofore caused plans and specifications for the work hereinafter mentioned to be prepared, and thereafter, on November 14, 2023, did approve and adopt said plans and specifications; and WHEREAS, the City Council further caused noticed inviting sealed bids for the performance of said work be given in the time and in the manner required by law which notice was published on May 24, 2023 and May 31, 2023; and WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said plans and specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and WHEREAS, Contractor was the lowest responsible bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for the work and award a contract, therefore.

NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:

1. SCOPE OF WORK
The work to be done, in general terms, consists of:

Furnishing all labor, materials, tax, equipment, incidentals and services for the construction and completion of the CITY OF VALLEJO CITY-WIDE SIDESHOW

DETERRENCE PROJECT but not limited to: developing and implementing a water pollution program, preparing and implementing a traffic control plan for street closures and detours, removal and installation of asphalt concrete pavement; removal and installation of pavement striping; installation of signs and posts, delineators, rumble strips, hardened bases, hardened centerlines and traffic circles. Capital Improvements shall include but are not limited to demolition, and all ancillary work associated with the work, completed in place as shown on the plans and specifications.

The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown on the drawings and specified herein and as provided for and set forth in said plans, specifications, and any addendum that may be issued prior to the date of bid.

The following documents shall constitute the Contract Documents for PW9430:
(a) This Contract;
(i.) Exhibit A - Bid Proposal Form (Compensation);
(ii.) Exhibit B - Prevailing Wage Rates (state and federal); (iii.) Exhibit C - Insurance Requirements;
(iv.) Exhibit D – Faithful Performance Bond;
(v.) Exhibit E – Payment (Labor and Materials) Bond;
(b) Notice to Bidders;
(c) Instructions to Bidders;
(d) Plans [City-Wide Sideshow Deterrence Project];
(e) Specifications [Special provisions, General Provisions, and Technical Specifications];
(f) Approved Change Orders;
(g) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2018 edition, Sections 10 through 95, all as modified herein;
(h) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition;
(i) Vallejo Flood & Wastewater District Engineering Standards, dated September 2020 and Standard Details dated July 2020;
(j) Any other documents identified as such in the Contract Documents.

2. TERMS AND CONDITIONS
This Contract consists of the Contract Documents identified in subsections (a) through (j) of Section 1 above, all of which are incorporated herein by reference as though set forth in full, and all of which are part of this Contract, and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said plans and specifications, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with said plans and specifications.

The said Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them.

By my signature as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Pursuant to Section 1770, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are attached herein as Exhibit B. The Contractor shall forfeit, as penalty to the City, Fifty Dollars ($50.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.

City shall pay Contractor the sums set forth on Exhibit A, hereto, in accordance with all of the terms and conditions of the Contract Documents.

The Contractor shall meet or exceed the insurance requirements as set forth in Exhibit C, hereto, in accordance with all of the terms and conditions of the Contract Documents.

The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.

The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor. [SIGNATURES ARE ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.

CALIFORNIA HIGHWAY
CONSTRUCTION GROUP INC.,
a California corporation
By:

DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Mike Malone
City Manager
DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Melissa Tigbao PE
Public Works Director
APPROVED AS TO FORM:

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

Armando Sarkis
Risk Manager

EXHIBIT A

BID PROPOSAL FORM
(COMPENSATION)

EXHIBIT A

EXHIBIT B

PREVAILING WAGE RATES (STATE & FEDERAL)

STATE PREVAILING WAGE RATES
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm

EXHIBIT B - FEDERAL PREVAILING WAGE RATES
https://sam.gov/content/wage-determinations

EXHIBIT C

INSURANCE REQUIREMENTS

EXHIBIT D

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

FAITHFUL PERFORMANCE BOND
KNOW ALL MEN/WOMEN BY THESE PRESENTS, that we,
, as Principal, and
, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation of the State of California, hereinafter called the City, in the penal sum of DOLLARS ($ ), and no more, for
the work described below, for the payments of which sum in lawful money of the United States of America well and truly to be made to the City of Vallejo, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents as herein above provided.

THAT WHEREAS, the Principal has entered into a contract with said City for the construction of:

CITY OF VALLEJO CITY-WIDE SIDESHOW DETERRENCE PROJECT
CITY PROJECT NO. PW 9430
NOW, THEREFORE, the condition of this obligation is such that if the above bounded Principal shall in all things stand to abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract agreed on his/her or their part to be kept and performed at the time and in the manner herein specified, and shall indemnify and save harmless the City of Vallejo, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue to guarantee Contractor’s faithful performance of its obligations in the Contract Documents, and Principal and Surety, in the event suit is brought on this bond, will pay to the Obligee such reasonable attorneys' fees as may be fixed by the Court.

The Surety herein, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same shall in any manner affect its obligations on this bond and said Surety does hereby waive notice of any such change, extension, alteration or addition. Said Surety hereby waives the provisions of Section 2819 and 2845 of the Civil Code of the State of California.

IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this day of , 2023. The
name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

PRINCIPAL SURETY
SURETY INFORMATION:

Contact Person:

Name of Company:

Address:

Telephone: ( ) Fax no.: ( )
NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.

APPROVED AS TO FORM:

Veronica A.F. Nebb
City Attorney

EXHIBIT E

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL MEN/WOMEN BY THESE PRESENTS, that whereas, the City of Vallejo, a municipal corporation of the State of California, acting through its City Council, has awarded: hereinafter designated as the Principal, a contract for:

CITY OF VALLEJO CITY-WIDE SIDESHOW DETERRENCE PROJECT
CITY PROJECT NO. PW9430
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same.

NOW, THEREFORE, We,
as Principal and ,
as Surety, are held firmly bound unto the City of Vallejo, a municipal corporation, hereinafter called City, in the penal sum of
DOLLARS ($ ), and no
more, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, as herein provided.

The condition of this obligation is such that, if said Principal, or his/her or its Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Title 15, Part 4, Third Division of the Civil Code of the State of California, commencing with Section 3082, and providing that the persons, companies or corporations so furnishing said materials, provisions, or other supplies, appliances or power used in, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation, renting, or hiring implements, or machinery, or power, for, or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said Title 15, the Surety, or Sureties, hereon will pay the same in an amount not exceeding the sum specified in his/her or its bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

The Surety herein, for value received, hereby stipulates, and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same, shall in any manner affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, the above bounden parties have executed this Instrument under several seals this day of , 2023. The name
and Corporate Seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

PRINCIPAL: SURETY:

SURETY INFORMATION:

Contact Person:

Name of Company:

Address:

Telephone: ( ) Fax no.: ( )
NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.

APPROVED AS TO FORM:

Veronica A.F. Nebb
City Attorney

LOCATION MAP

CITYWIDE SIDESHOW DETERRENCE PROJECT
PROJECT NO. PW9430

PROJECT

LOCATION
N
O
R
T
H
N
O
R
T
H
LEGEND
Sideshow
Deterrence
Intersection

Action Item

9.B.

DATE: November 14, 2023
TO: Mayor and Members of the City Council
FROM: Mark Helmbrecht, Acting Public Works Director
Dan Sequeira, P.E., Assistant Public Works Director / City Engineer SUBJECT: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE REDWOOD STREET ROAD DIET PROJECT (PROJECT NO. PW9731), AWARDING A CONSTRUCTION CONTRACT TO VSS INTERNATIONAL, INC. IN THE AMOUNT OF $1,342,275.60, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN

ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS

RECOMMENDATION
Adopt a Resolution approving project plans and specifications for the Redwood Street Road Diet Project (Project No. PW9731) and awarding a construction contract in the amount of $1,342,275.60, to VSS International, Inc. and authorizing the City Manager to execute same in accordance with the approved plans and specifications.

REASONS FOR RECOMMENDATION
The Redwood Street Road Diet Project is part of the City’s efforts to enhance public safety. The Project will promote traffic calming and pedestrian safety and support a bicycle network system.

BACKGROUND AND DISCUSSION
On June 14, 2022, City Council adopted the Redwood Street Road Diet CIP Project (Project) when the FY2022-2023 Budget was adopted.

The Project will reduce the number of travel lanes on Redwood Street between Broadway and Tuolumne Streets, from four lanes to two. Turning lanes and loop detectors at the traffic signals will also be rearranged.

The work generally consists of, but is not limited to:
• Removing and replacing curb, gutter, sidewalk, driveway, and curb ramps. • Installing microsurfacing (Type III) and Asphalt rubber chip seal w/ black rock microsurfacing (Type 2).
• Hot-mix asphalt paving.
• Installing new drain inlets and piping.
• Pavement striping, signage, and relocating utilities.

The plans and specifications, prepared and completed under the direction of the City Engineer, were advertised for eighty-three days beginning May 24, 2023. On August 15, 2023, four sealed bids were received, opened, and publicly read by the Deputy City Clerk. The bids, in order from lowest to highest, are as follows:

NO. CONTRACTOR TOTAL BID AMOUNT

1. VSS International, Inc. $1,342,275.60

Date: November 14, 2023
Subject:

ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE REDWOOD STREET ROAD DIET PROJECT (PROJECT NO. PW9731), AWARDING A CONSTRUCTION CONTRACT TO VSS INTERNATIONAL, INC. IN THE AMOUNT OF $1,342,275.60, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN

ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS

Page 2 ends

2. Kerex Engineering, Inc. $1,344,478.00

3. FBD Vanguard Construction, Inc. $1,628,605.50

4. Pavement Coatings Co. $1,772,241.40

Staff has determined that VSS International, Inc., is the lowest responsive and responsible bidder. There are sufficient funds in the project budget to cover the total bid.

FISCAL IMPACT
There will be no fiscal impact on the General Fund associated with this item, as it is funded through the capital program funds. The Redwood Street Road Diet Project (Project No. PW9731) budget is as follows:

SOURCES BUDGET EXPENDITURE
Fund 203: Transportation Impact Mitigation Fee (TIMF) $ 125,000.00 Fund 226: Road Maintenance Rehabilitation Act
(RMRA)/Senate Bill 1 (SB1)
$1,116,260.00
Proposed Transfer
Fund 219: Gas Tax From PWC109: Street
Overlay/Preservation
$ 390,622.00

Pre-Construction Design/Plans/Specs/Estimates ($ 48,264.94) Construction Contract ($1,342,275.60)
Construction Contingency (~15%) ($ 201,341.34)
Construction Management & Inspection (Staff) ($ 40,000.00) TOTALS $1,631,882.00 ($1,631,881.88)

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c) - Existing Facilities, because it consists of traffic calming improvements and does not create additional automobile lanes.

ATTACHMENTS
Date: November 14, 2023
Subject:

ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS

Page 3 ends

1. Reso. Awarding Construction Contract_PW9731_CAO Stamp

2. Construction Contract - PW9731_CAO Stamp

3. LOCATION MAP_PW9731 Redwood St Road Diet

CONTACT
Mark Helmbrecht, Acting Public Works Director (707) 645-2601 [email protected]

RESOLUTION NO. 23-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE REDWOOD STREET ROAD DIET PROJECT (PROJECT NO. PW9731), AWARDING A CONSTRUCTION CONTRACT TO VSS INTERNATIONAL, INC. IN THE AMOUNT OF $1,342,275.60, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN ACCORDANCE WITH

THE APPROVED PLANS AND SPECIFICATIONS
WHEREAS, on June 14, 2022, the City Council approved the Redwood Street Road Diet Project, Project No.

PW9731, when it adopted the FY 2022-2023 Budget; and
WHEREAS, the plans and specifications for the REDWOOD STREET ROAD DIET PROJECT (PW9731) have been prepared by the City of Vallejo Public Works Engineering Division under the direction of the City Engineer and have been presented to the City Council; and
WHEREAS, the City advertised the project on May 24, 2023, and May 31, 2023, and publicly opened bids on August 15, 2023, receiving four bids; and
WHEREAS, staff has determined that pursuant to Public Contract Code Sections 1103 and Vallejo Municipal Code Section 30.20.200, VSS International, Inc., of West Sacramento, CA is the lowest responsive and responsible bidder; and
WHEREAS, with the proposed transfer of $390,622 of Fund 219: Gas Tax Funds from PWC109: Street Overlay/Preservation Project, there are sufficient funds in the Redwood Street Road Diet Project, Project No.

PW9731 budget, in the amount of $1,631,882.00, to cover the total bid.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo hereby approves and adopts the Plans and Specifications for the Redwood Street Road Diet Project, Project No. PW9731.

BE IT FURTHER RESOLVED that an invitation for bids was duly advertised.

BE IT FURTHER RESOLVED by the City Council of the City of Vallejo that VSS International, Inc., of West Sacramento, CA was determined to be the lowest responsive and responsible bidder and is hereby awarded a contract in the amount of $1,342,275.60 for the total bid.

BE IT FURTHER RESOLVED that all other bids to-wit:

Kerex Engineering, Inc. $1,344,478.00
FBD Vanguard Construction, Inc. $1,628,605.50
Pavement Coatings Co. $1,772,241.40
are hereby deemed rejected, upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign an Agreement between the City of Vallejo and VSS International, Inc., of West Sacramento, CA with any modifications recommended by the City Attorney, and the City Clerk to attest the signing of that Agreement.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute future Contract Change Orders not to exceed the appropriated project budget.

Adopted by the City Council of the City of Vallejo at a regular meeting held on October 10, 2023, with the following vote:

AYES:

NOES:

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

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

CONTRACT
FOR

REDWOOD STREET ROAD DIET

BETWEEN BROADWAY AND TUOLUMNE STREET PROJECT
PROJECT NO. PW9731
THIS CONTRACT (“Contract”) is made this 10 th day of October 2023, at Vallejo, California, by and between the City of Vallejo, a municipal corporation and charter city, hereinafter called City, and VSS International, Inc., a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of the City of Vallejo heretofore caused plans and specifications for the work hereinafter mentioned to be prepared, and thereafter, on October 10, 2023, did approve and adopt said plans and specifications; and WHEREAS, the City Council further caused notice inviting sealed bids for the performance of said work be given in the time and in the manner required by law, which notice was published on May 24, 2023 and May 31, 2023; and WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said plans and specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and WHEREAS, Contractor was the lowest responsible bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for the work and award a contract, therefore.

NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:

1. SCOPE OF WORK
The work generally consists of, but is not limited to, the following tasks:

Remove and replace curb, gutter, sidewalk, driveway, and curb ramps; install micro surfacing (Type III) and Asphalt rubber chip seal w/ black rock micro surfacing (Type 2);

hot-mix asphalt paving; installation of new drain inlets and piping; and pavement striping, signage, and relocating utilities.

The following documents shall constitute the Contract Documents for PW9731:
(a) This Contract;
(i.) Exhibit A – Bid Proposal Form (Compensation);
(ii.) Exhibit B – Prevailing Wage Rates (state and federal); (iii.) Exhibit C – Insurance Requirements;
(iv.) Exhibit D – Faithful Performance Bond;
(v.) Exhibit E – Payment (Labor and Materials) Bond;
(b) Notice to Bidders;
(c) Instructions to Bidders;
(d) Plans for Redwood Street Road Diet Between Broadway and Tuolumne Street Project;
(e) Specifications [including Special Provisions, Parts 1 and II (General Provisions), and Technical Specifications];
(f) Approved Change Orders;
(g) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2022 edition, Sections 10 through 95, all as modified herein;
(h) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition;
(i) Vallejo Sanitation & Flood Control District Master Bid Document, dated March 2007 and Addendum to Master Bid Document (MBD) March 2014;
(j) Any other documents identified as such in the Contract Documents.

City shall pay Contractor the sums set forth on Exhibit A, hereto, in accordance with all of the terms and conditions of the Contract Documents.

The Contractor shall meet or exceed the insurance requirements as set forth in Exhibit C, hereto, in accordance with all of the terms and conditions of the Contract Documents.

The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code Section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.

VSS INTERNATIONAL, INC.
a California corporation
By:

DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Mike Malone
City Manager
DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Melissa Tigbao PE
Public Works Director
APPROVED AS TO FORM:

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

Armando Sarkis
Risk Manager

EXHIBIT A

BID PROPOSAL FORM
(COMPENSATION)

EXHIBIT B

PREVAILING WAGE RATES (STATE & FEDERAL)

STATE PREVAILING WAGE RATES
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm

FEDERAL PREVAILING WAGE RATES
https://sam.gov/content/wage-determinations

EXHIBIT C

INSURANCE REQUIREMENTS
Exhibit C
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

2.Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $3,000,000 per accident for bodily injury and property damage.

3.Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4.Builder’s Risk (or Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Such coverage shall name the City of Vallejo as a loss payee as their interest may appear. An Installation Floater shall also be acceptable in lieu of a Builder’s Risk policy.

5.Contractors’ Pollution Legal Liability with limits no less than $1,000,000 per occurrence or claim, and $1,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Vallejo requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Vallejo.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Vallejo. The City of Vallejo may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Vallejo.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1.The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2.For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 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, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3.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 of Vallejo.

4.The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall 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. Contractor agrees to endorse the City of Vallejo as an Additional Insured on the Umbrella or Excess policy, unless the Certificate of Insurance states the Umbrella or Excess policy provides coverage on a “Follow Form” basis.

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

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1.The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2.Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3.If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4.A copy of the claims reporting requirements must be submitted to the City of Vallejo for review.

5.If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current Best rating of no less than A: VII, unless otherwise acceptable to the City of Vallejo.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Vallejo for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City of Vallejo with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City of Vallejo before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Vallejo reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Vallejo is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Payment Withhold
City of Vallejo will withhold payments to Contractor if the certificates of insurance and endorsements required in this exhibit are canceled or Contractor otherwise ceases to be insured as required herein.

EXHIBIT D

FAITHFUL PERFORMANCE BOND

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

THAT WHEREAS, the Principal has entered into a contract with said City for the construction of:

REDWOOD STREET ROAD DIET

BETWEEN BROADWAY AND TUOLUMNE STREET PROJECT
City Project No. PW9731
NOW, THEREFORE, the condition of this obligation is such that if the above bounded Principal shall in all things stand to abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract agreed on his/her or their part to be kept and performed at the time and in the manner herein specified, and shall indemnify and save harmless the City of Vallejo, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue to guarantee Contractor’s faithful performance of its obligations in the Contract Documents, and Principal and Surety, in the event suit is brought on this bond, will pay to the Obligee such reasonable attorneys' fees as may be fixed by the Court.

PRINCIPAL SURETY
SURETY INFORMATION:

Contact Person:

Name of Company:

Address:

Telephone: ( ) Fax no.: ( )
NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.

APPROVED AS TO FORM:

Veronica A.F. Nebb
City Attorney

EXHIBIT E

PAYMENT (LABOR AND MATERIALS) BOND

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

REDWOOD STREET ROAD DIET

BETWEEN BROADWAY AND TUOLUMNE STREET PROJECT
City Project No. PW9731
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same.

PRINCIPAL: SURETY:

SURETY INFORMATION:

Contact Person:

Name of Company:

Address:

Telephone: ( ) Fax no.: ( )
NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.

APPROVED AS TO FORM:

Veronica A.F. Nebb
City Attorney

LOCATION MAP

REDWOOD STREET ROAD DIET

BETWEEN BROADWAY AND TUOLUMNE STREET PROJECT
PROJECT NO. PW9731

PROJECT

LOCATION
N
O
R
T
H

Action Item

9.C.

DATE: November 14, 2023
TO: Mayor and Members of the City Council
FROM: Mike Malone, City Manager
SUBJECT: PROVIDE NOTICE OF INTENT TO AMEND THE FY 2023-24 BUDGET TO APPROPRIATE $300,000 FROM GENERAL FUND BALANCE FOR CALDOJ

EXPENDITURES

RECOMMENDATION
Provide notice of intent to amend the City’s Fiscal Year 2023-24 General Fund Budget to appropriate $300,000 in General Fund balance for California Department of Justice (CalDOJ) expenditures.

REASONS FOR RECOMMENDATION
This appropriation will allow the City to set aside and expend funding in the amount of $300,000 from General Fund Balance. As part of the City’s agreement with the CalDOJ, the City is to fund the costs of an Evaluator with an initial funding amount of $300,000.

Amending the budget requires public notice of intent under the City’s Charter Section 703 (step 1) prior to any action taken. A staff report will return to City Council with the second step in the 2-step process at the next regularly scheduled City Council meeting on November 28th.

BACKGROUND AND DISCUSSION
First announced publicly at the news conference on October 16, 2023, the City of Vallejo and CalDOJ reached a new agreement to further efforts relating to improvements within the Vallejo Police Department. This new agreement (“Agreement”) was reached through collaborative efforts between CalDOJ and the City and represents an important next step in that continuing relationship.

The Agreement focuses on completing the work on the original CalDOJ recommendations as well as making improvements to new and existing policies and procedures. As part of the Agreement, the City of Vallejo is required to fund the ongoing costs for the Evaluator to assist with the successful implementation of the terms of the agreement and recommendations. The first deposit amount will be $300,000.00 in accordance with the Agreement. Staff will be recommending the use of a Multi-year Operating Project (MYOP) in Capital Outlay Fund 201 to separately account for and dispense the funding required to fund the Evaluator over the course of the five-year term of the Agreement. The second step staff report in this 2-step process will return at the November 28th City Council meeting to recommend the initial budget amendment of $300,000 from General Fund Balance to Project MY2407 and to authorize the City Manager to expend such funds. Thereafter, staff will return to the City Council at mid-year to update the budget numbers once more information is available.

FISCAL IMPACT
Providing a notice of intent (step 1 of the 2-step budget amendment process) does not have any direct fiscal impact.

ENVIRONMENTAL REVIEW

Date: November 14, 2023
Subject:

PROVIDE NOTICE OF INTENT TO AMEND THE FY 2023-24 BUDGET TO APPROPRIATE $300,000 FROM GENERAL FUND BALANCE FOR CALDOJ EXPENDITURES

Page 2 ends

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
None

CONTACT
Mike Malone, City Manager (707) 648-4576
[email protected]

Vallejo City CouncilNovember 14, 2023

Vallejo City Council
November 14, 2023