Agenda packet — Vallejo City Council, February 6, 2024

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CALL AND NOTICE OF

SPECIAL MEETING
AT 6:00 PM

OF THE VALLEJO CITY COUNCIL
FEBRUARY 6, 2024

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

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VIEW THE MEETING:

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TO THE MEMBERS OF THE VALLEJO CITY COUNCIL:

You are hereby notified that I do hereby call the Vallejo City Council in special session to consider only the matters stated on the agenda listed below.

NOTICE: Members of the public shall have the opportunity to address the City Council concerning any item listed on the agenda before or during consideration of that item. No other items may be discussed at this special meeting.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ACTION CALENDAR
NOTICE: Members of the public wishing to address the Council on Action Calendar Items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM (https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press *9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420 or as approved and announced by the Mayor. In person speakers will be recognized first.

A. ADOPT (1) A RESOLUTION APPROVING THE AMERICAN RESCUE PLAN

ACT GRANT AGREEMENT WITH THE COUNTY OF SOLANO,

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME AND
PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2023-2024 BUDGET; AND (2) A RESOLUTION APPROVING THE FIRST AMENDMENT

TO THE HOMELESS HOUSING, ASSISTANCE, AND PREVENTION
PROGRAM ROUND 2 AND ROUND 3 FUNDING MEMORANDUM OF

UNDERSTANDING, AUTHORIZING THE CITY MANAGER TO EXECUTE

SAME, AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2023-2024 BUDGET RELATING TO SAME
Recommendation:

1. Adopt a resolution approving the American Rescue Plan Act grant agreement with the County of Solano, authorizing the city manage to execute same and providing notice of intent to amend the fiscal year 2023-24 budget.

2. Adopt a resolution approving the First Amendment to the Homeless Housing, Assistance, and Prevention Program Round 2 and Round 3 Funding Memorandum of Understanding, authorizing the City Manager Hybrid Options are available for members of the public to participate. To participate remotely:

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to execute same and providing notice of intent to amend the fiscal year 2023-24 budget.

Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]
B. ADOPT A RESOLUTION APPROVING PROJECT PLANS AND

SPECIFICATIONS FOR THE NAVIGATION CENTER PROJECT
(PROJECT NO. PW9433), AFTER FINDING THE PROJECT

STATUTORILY EXEMPT FROM THE PROVISIONS OF THE

CALIFORNIA QUALITY ACT (CEQA) PURSUANT TO PUBLIC
RESOURCES CODE SECTION 21080(b)(1) AND CEQA GUIDELINES
SECTION 15268, APPROVING AND AWARDING A CONSTRUCTION
CONTRACT TO G & G BUILDERS, INC. FOR ITS BID OF $6,996,273.00 AND A 15% CONTINGENCY OF $1,049,441.00 FOR A TOTAL
CONTRACT AMOUNT OF $8,045,714.00, IN ACCORDANCE WITH THE

APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZING THE

CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a Resolution approving project plans and specifications for the Navigation Center Project (Project No. PW9433), after finding the project statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(B)(1) and CEQA Guidelines Section 15268, approving and awarding a construction contract to G & G Builders, Inc., for its bid of $6,996,273 and a 15% construction contingency of $1,049,441 for a total contract amount of $8,045,714 and authorizing the City Manager to execute same.

Contact: Melissa Tigbao, P.E., Public Works Director, (707) 648-4433 [email protected]

5. ADJOURNMENT

Dated: Wednesday, January 31, 2024

Robert H. McConnell, Mayor

I, Dawn Abrahamson, City Clerk, do herby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Vallejo City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 5:30 p.m., Wednesday, January 31, 2024.

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Dated: Wednesday, January 31, 2024

Dawn G. Abrahamson, City Clerk

ACTION ITEM 4.A.

DATE: February 6, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
Natalie Peterson, Assistant to the City Manager
SUBJECT: ADOPT (1) A RESOLUTION APPROVING THE AMERICAN RESCUE PLAN ACT GRANT

AGREEMENT WITH THE COUNTY OF SOLANO, AUTHORIZING THE CITY MANAGER

TO EXECUTE SAME AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2023-2024 BUDGET; AND (2) A RESOLUTION APPROVING THE FIRST

AMENDMENT TO THE HOMELESS HOUSING, ASSISTANCE, AND PREVENTION PROGRAM ROUND 2 AND ROUND 3 FUNDING MEMORANDUM OF UNDERSTANDING,

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME, AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2023-2024 BUDGET RELATING TO SAME

RECOMMENDATION

2. Adopt a resolution approving the First Amendment to the Homeless Housing, Assistance, and Prevention Program Round 2 and Round 3 Funding Memorandum of Understanding, authorizing the City Manager to execute same and providing notice of intent to amend the fiscal year 2023-24 budget.

REASONS FOR RECOMMENDATION
Addressing Housing and the Unhoused is a Multi-year priority area under Vallejo City Council Goals. By accepting these funds, that Council supported requested from Solano County and CAP Solano JPA, it will bring needed funding towards the construction of the Navigation Center.

BACKGROUND AND DISCUSSION
The Vallejo Navigation Center will be a “one-stop-shop” that will provide services and shelter critical to helping to address homelessness. The center will offer 125 shelter beds and provide individual case management connecting people to social and medical services. Participants will have access to job training and be assisted in becoming prepared to secure sustainable permanent housing.

Solano County ARPA Agreement
The City of Vallejo first heard about the opportunity to request Solano County American Rescue Plan Act (ARPA) funds on December 22, 2021, when County staff presented an opportunity to submit a proposal for affordable housing projects and homelessness-related projects for funding consideration by the Board of Supervisors. The City was informed that the Board wanted to explore areas of partnership to provide mutually beneficial affordable housing to disadvantaged communities, underserved populations, and/or those with very low/low incomes.

At the March 7, 2023 Solano County Board Meeting the Board voted to award the City of Vallejo $1,500,000

Date: February 6, 2024
Subject: ADOPT (1) A RESOLUTION APPROVING THE AMERICAN RESCUE PLAN ACT GRANT

AGREEMENT WITH THE COUNTY OF SOLANO, AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2023-2024 BUDGET; AND (2) A RESOLUTION APPROVING THE

FIRST AMENDMENT TO THE HOMELESS HOUSING, ASSISTANCE, AND PREVENTION PROGRAM ROUND 2 AND ROUND 3 FUNDING MEMORANDUM OF

UNDERSTANDING, AUTHORIZING THE CITY MANAGER TO EXECUTE SAME, AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2023-2024

BUDGET RELATING TO SAME

Page 2 ends

towards the construction of the Navigation Center.

HHAP2 and HHAP3 MOU Amendment
In an effort to continue the construction of the Navigation Center, the City of Vallejo responded to a Request for Proposals (RFP) to develop a New Navigation Center utilizing funding from Homeless Housing, Assistance, and Prevention Program (HHAP) Round 2, HHAP Round 3 and Emergency Solutions Grant CARES Act (ESG-CV) funding from the Community Action Partners of Solano, Joint Powers Authority (CAP Solano JPA). The City of Vallejo submitted their RFP response on April 12, 2023.

On April 24, 2023 the City received notice of intent to recommend funding and at a CAP Solano JPA meeting on April 27, 2023 CAP Solano JPA unanimously voted to award the City of Vallejo $513,245 of HHAP2, $410,840.49 of HHAP3 and $158,496.51 of ESG-CV funding to be used towards the construction of the Navigation Center.

After reviewing the funding requirements of the ESG-CV funding CAP Solano JPA determined that the ESG- CV funding would not be eligible for the project. In order to fulfill their original funding amount award CAP Solano JPA is substituting the $158,496.51 worth of ESG-CV funding with four available funding sources.

Here is the funding Source breakdown:
• Homeless Housing, Assistance, and Prevention Program (HHAP1) - $24,000.00 • Homeless Housing, Assistance, and Prevention Program (HHAP2) - $63,367.21 • Homeless Housing, Assistance, and Prevention Program Interest (HHAP Interest) - $20,799.48 • Housing and Homelessness Incentive Program (HHIP) -$50,329.82 • Total: $158,496.51

FISCAL IMPACT
Solano County ARPA Agreement
This action provides the Council’s Notice of Intent to amend the fiscal year 2023-2024 budget by $1,500,000 if the grant is accepted (step 1). A subsequent action will be necessary to amend the budget accordingly (step 2).

HHAP2 and HHAP3 MOU Amendment
This action provides the Council's Notice of Intent to amend the fiscal year 2023-24 budget by $158,496.51 if the amendment is accepted (step 1). A subsequent action will be necessary to amend the budget accordingly (step 2).

Funding sources
being replaced:

Funding sources being
replaced with:

HHAP1: $24,000.00 ESG-CV:
$158,496.51 HHAP2: $63,367.21
Date: February 6, 2024
Subject: ADOPT (1) A RESOLUTION APPROVING THE AMERICAN RESCUE PLAN ACT GRANT

AGREEMENT WITH THE COUNTY OF SOLANO, AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2023-2024 BUDGET; AND (2) A RESOLUTION APPROVING THE

FIRST AMENDMENT TO THE HOMELESS HOUSING, ASSISTANCE, AND PREVENTION PROGRAM ROUND 2 AND ROUND 3 FUNDING MEMORANDUM OF

UNDERSTANDING, AUTHORIZING THE CITY MANAGER TO EXECUTE SAME, AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2023-2024

BUDGET RELATING TO SAME

Page 3 ends

HHAP Interest: $20,799.48
HHIP: $50,329.82
Total:
$158,496.51
Total: $158,496.51

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because the project being funded is Statutorily Exempt from the provisions of CEQA as a ministerial action pursuant to California Public Resources Code Section 21080 (b)(1) and CEQA Guidelines Section 15268 and Government Code Sections 65660 through 65662 which provide for low barrier Navigation Centers and specify that a Low Barrier Navigation Center is a use by right and therefore is not subject to a conditional use permit, or other discretionary local government approval.

ATTACHMENTS

1. COV-02-ARPA Nav Center Contract _CAO Stamp

2. Nav Center - County ARPA Funding Reso CAO Stamp_

3. Vallejo HHAP2 and 3 MOU Nav Center FIRST Amendment_CAO Stamp

4. HHAP Round 2 and Round 3 Amendment Reso_CAO Stamp

CONTACT
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]

County of Solano
Standard Contract
For County Use Only
CONTRACT NUMBER:
(Dept., Division, FY, #)
BUDGET ACCOUNT:

SUBOBJECT ACCOUNT:

1. This Contract is entered into between the County of Solano and the Contractor named below:

CONTRACTOR’S NAME BUSINESS FORM

2. The Term of this Contract is:

3. The maximum amount of this Contract is:
$

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of this Contract:

Exhibit A – Scope of Work
Exhibit B – Budget Detail and Payment Provision
Exhibit C – General Terms and Conditions
Exhibit D – Special Terms and Conditions
This Contract is made on _______________, 20.

CONTRACTOR COUNTY OF SOLANO
_________________________________________________________________________ CONTRACTOR’S NAME
______________________________________

AUTHORIZED SIGNATURE
______________________________________
TITLE
____________________________________________________

ADDRESS
____________________________________________________

CITY STATE ZIP CODE
Approved as to Content:
______________________________________

DEPARTMENT HEAD OR DESIGNEE
Approved as to Form:
______________________________________

COUNTY COUNSEL
________________________________________________________________

SIGNATURE
_________________________________________________________________________

PRINTED NAME AND TITLE
__________________________________________________________________

ADDRESS
___________________________________________________________________

CITY STATE ZIP CODE
Rev.

CONTRACT MUST BE EXECUTED BEFORE WORK CAN COMMENCE
City of Vallejo Local Government
January 1, 2024 - December 31, 2024
January 1
City of Vallejo
County Administrator
675 Texas St
Michael Malone, City Manager Fairfield CA 94533
555 Santa Clara St
Vallejo CA 94590
COV-02-ARPA
2966
3701
1,500,000
24 County of Solano Exhibit A
Standard Contract Scope of Work

City of Vallejo Navigation Center Contract COV-02-ARPA Page 2 of 18

EXHIBIT A

SCOPE OF WORK

Contractor shall be responsible for the following:

As approved by the Solano County Board of Supervisors, the City of Vallejo (City/Contractor) will be utilizing American Rescue Plan Act (ARPA) funds for the develop ment of a 125-bed homeless Navigation Center at 1937 Broadway Street that will be a “one-stop-shop” for services critical to helping address homelessness. The funds will be a contribution toward construction of the project. The project is anticipated to open summer 2024 contingent on construction timelines.

Other terms include:

x ARPA funding will be blended with City ARPA, City Community De velopment Block Grant(CDBG), and State Permanent Local Housing Allocation (PLHA ) and other funding for full funding of the construction of the project.
x City will follow Housing First principles and offer a compleme nt of services, such as case management, job training, housing navigation, meals, etc., to a ssist residents in life skills development and access to more permanent housing.
x City will coordinate with Solano County’s Coordinated Entry pr ogram for referrals to the project.

County shall be responsible for the following:

1. Providing information to the Board of Supervisors on the per formance of City under this contract.

2. Providing a systematic way for reporting performance under the contract.

3. Identifying any additional reporting requirements required u nder ARPA and communicating the requirements to City.

County of Solano Exhibit B
Standard Contract Budget

City of Vallejo Navigation Center Contract COV-02-ARPA Page 3 of 18

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. M ETHOD OF PAYMENT

A. The funds will be a contribution toward construction and ass ociated costs for the project. Upon submission of financial data (invoice) by City, and upon approv al by County, County shall pay City in two lumps sums:
a. $1,250,000 upon execution of the contract
b. $250,000 upon issuance of permit for temporary occupancy (90 % completion) Total payment shall not exceed $1,500,000.

Invoice must identify corresponding ARPA Project Number 58-061- 07CAOHME and JL Key 061-07 for each expenditure.

B. City will maintain backup documentation onsite that supports the financial/expenditure data submitted to County. City shall make available this backup docu mentation upon request of County.

C. No other expenses shall be allowed.

County of Solano Exhibit C
Standard Contract General Terms

City of Vallejo Navigation Center Contract COV-02-ARPA Page 4 of 18

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. C LOSING OUT

A. County will pay Contractor's final request for payment provi ding Contractor has paid all financial obligations undertaken pursuant to this Cont ract or any other contract and/or obligation that Contractor may have with the County. If Contra c t o r h a s f a i l e d t o p a y a n y obligations outstanding, County will withhold from Contractor's final request for payment the amount of such outstanding financial obligations owed by Contra ctor. Contractor is responsible for County's receipt of a final request for payment 30 days after termination of this Contract.

B. A final undisputed invoice shall be submitted for payment no l a t e r t h a n n i n e t y (90) calendar days following the expiration or termination of t his Contract, unless a later or alternate deadline is agreed to in writing by the County. The final invoice must be clearly marked “FINAL INVOICE”, thus indicating that all payment obliga tions of the County under this Contract have ceased and that no further payments are due or outstanding.

C. The County may, at its discretion, choose not to honor any d elinquent final invoice if the Contractor fails to obtain prior written approva l of an alternate final invoice submission deadline. Written County approval for an alternate f inal invoice submission deadline shall be sought from the County prior to the expiration or termination of this Contract.

2. T
IME

Time is of the essence in all terms and conditions of this Con tract.

3. T

IME OF PERFORMANCE

Work will not begin, nor claims paid for services under this C ontract until all Certificates of Insurance, business and professional licenses/certificates, IRS ID number, signed W-9 form, or other applicable licenses or certificates are on file with the County’s Contract Manager.

4. T

ERMINATION

A. This Contract may be terminated by County or Contractor, at any time, with or without cause, upon 30 days’ written notice from one to the other.

B. County may terminate this Contract immediately upon notice of Contractor’s malfeasance.

C. Following termination, County will reimburse Contractor for a l l e x p e n d i t u r e s made in good faith that are unpaid at the time of termination n ot to exceed the maximum amount payable under this Contract unless Contractor is in default of this Contract.

5. S

IGNATURE AUTHORITY

The parties executing this Contract certify that they have the proper authority to bind their respective entities to all terms and conditions set forth in this Contract.

County of Solano Exhibit C
Standard Contract General Terms

City of Vallejo Navigation Center Contract COV-02-ARPA Page 5 of 18

6. REPRESENTATIONS

A. County relies upon Contractor's professional ability and tr aining as a material inducement to enter into this Contract. Contractor represents that Contractor will perform the work according to generally accepted professional practices and standards and the requirements of applicable federal, state and local laws. Coun ty's acceptance of Contractor's work shall not constitute a waiver or release of Contractor from professional responsibility.

B. Contractor further represents that Contractor possesses cur rent valid appropriate licensure, including, but not limited to, driver’s license, pro fessional license, certificate of tax- exempt status, or permits, required to perform the work under this Contract.

7. I

NSURANCE

A. Without limiting Contractor's obligation to indemnify County , Contractor must 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 under this Contract and the results of that work by Co ntractor, Contractor’s agents, representatives, employees or subcontractors.

B. Minimum Scope of Insurance
Coverage must be at least as broad as:
(1) Insurance Services Office C ommercial General Liability cov erage (occurrence Form CG 00 01).
(2) Insurance Services Office Form Number CA 00 01 covering Au tomobile Liability, Code 1 (any auto).
(3) Workers’ Compensation insurance as required by the State o f California and Employer’s Liability Insurance.

C. Minimum Limits of Insurance
Contractor must maintain limits no less than:

(1) General Liability:
(Including operations,
products and completed
operations.)

$2,000,000 per occurrence for bodily injury,
personal injury and property damage,
or the full per occurrence limits of the
policy, whichever is greater. 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.

(2) Automobile Liability:

$1,000,000 per accident for bodily injury and
property damage.

(3) Workers’
Compensation:

As required by the State of California.

County of Solano Exhibit C
Standard Contract General Terms

City of Vallejo Navigation Center Contract COV-02-ARPA Page 6 of 18 (4) Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

D. Additional Insurance Coverage
To the extent coverage is applicable to Contractor’s services under this Contract, Contractor must maintain the following insurance coverage:

(1) Cyber Liability: $1,000,000 per incident with the aggregate limit twice the required limit to cover the full
replacement value of damage to,
alteration of, loss of, or destruction of
electronic data and/or information
property of the County that will be in
the care, custody or control of
Contractor under this Contract.

(2) Professional Liability:

$2,000,000 combined single limit per claim and in
the aggregate. The policy shall remain
in full force and effect for no less than 5
years following the completion of work
under this Contract.

E. If Contractor maintains higher limits than the minimums show n above, County is entitled to coverage for the higher limits maintained by Contra ctor. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to the County. No representation is made that the minimums shown above are sufficient to cover the indemnity or other obligations of the Contractor under this Contract.

F. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by County.

At the option of County, either:
(1) The insurer will reduce or eliminate such deductibles or se lf-insured retentions with respect to County, its officers, officials, age nts, employees and volunteers; or
(2) Contractor must provide a financial guarantee satisfactory to County guaranteeing payment of losses and related investigations, clai m administration, and defense expenses.

G. Other Insurance Provisions
(1) The general liability and automobile liability policies mu st contain, or be endorsed to contain, the following provisions:
(a) The County of Solano, its officers, officials, agents, empl oyees, and volunteers must be included as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor; and with respect to liability arising out of work or operations performe d by or on behalf of Contractor including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provid e d i n t h e f o r m o f a n Additional Insured endorsement (CG 20 10 11 85 or both CG 20 10 and CG 20 37 if County of Solano Exhibit C
Standard Contract General Terms

City of Vallejo Navigation Center Contract COV-02-ARPA Page 7 of 18 later ISO revisions are used or the equivalent) to Contractor’s insurance policy, or as a separate owner’s policy. The insurance afforded to the addition al insureds shall be at least as broad as that afforded to the first named insured.

(b) For any claims related to work performed under this Contrac t, Contractor’s insurance coverage must be primary insurance with respect to th e County of Solano, its officers, officials, agents, employees, and volunteers. Any in surance maintained by County, its officers, officials, agents, employees, or voluntee rs is excess of Contractor’s insurance and shall not contribute to it.

(2) If Contractor’s services are technologically related, Prof essional Liability coverage shall include, but not be limited to claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, i n f o r m a t i o n t h e f t , r e l e a s e o f private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to such obligations. The policy shall also include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the County in the care, custody, or control of the Contractor. If not covered under the Contractor’s Professional Liability policy, such “property” coverage of the County may be endorsed onto the Contractor’s Cyber Liability Policy.

(3) Should any of the above described policies be cancelled pri or to the policies’ expiration date, Contractor agrees that notice of cancellation will be delivered in accordance with the policy provisions.

H. Waiver of Subrogation
(1) Contractor agrees to waive subrogation which any insurer o f Contractor may acquire from Contractor by virtue of the payment of any los s. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. (2) The Workers’ Compensation policy must be endorsed with a w aiver of subrogation in favor of County for all work performed by Contra ctor, its employees, agents and subcontractors.

I. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Bes t’s rating of no less than A:VII unless otherwise acceptable to County.

J. Verification of Coverage
(1) Contractor must furnish County with original certificates and endorsements effecting coverage required by this Contract. (2) The endorsements should be on forms provided by County or, if on other than County’s forms, must conform to County’s requirements and be acceptable to County. (3) County must receive and approve all certificates and endor sements before work commences.
(4) However, failure to provide the required certificates and endorsements shall not operate as a waiver of these insurance requirements.

County of Solano Exhibit C
Standard Contract General Terms

City of Vallejo Navigation Center Contract COV-02-ARPA Page 8 of 18 (5) County reserves the right to require complete, certified c opies of all required insurance policies, including endorsements affecting the coverage described above at any time.

8. B

EST EFFORTS

Contractor represents that Contractor will at all times faithf ully, industriously and to the best of its ability, experience and talent, perform to County's reasonable satisfaction.

9. D
EFAULT

A. If Contractor defaults in Contractor’s performance, County shall promptly notify Contractor in writing. If Contractor fails to cure a default w ithin 30 days after notification, or if the default requires more than 30 days to cure and Contractor f ails to commence to cure the default within 30 days after notification, then Contractor's fa ilure shall constitute cause for termination of this Contract.

B. If Contractor fails to cure default within the specified pe riod of time, County may elect to cure the default and any expense incurred shall be pay able by Contractor to County.

The contract may be terminated at County’s sole discretion.

C. If County serves Contractor with a notice of default and Co ntractor fails to cure the default, Contractor waives any further notice of termination of this Contract.

D. If this Contract is terminated because of Contractor's defa ult, County shall be entitled to recover from Contractor all damages allowed by law.

10. I

NDEMNIFICATION

A. Contractor will indemnify, hold harmless and assume the def ense of the County of Solano, its officers, employees, agents and elective and app ointive boards from all claims, losses, damages, including property damages, personal injury, death and liability of every kind, directly or indirectly arising from Contractor's operations or from any persons directly or indirectly employed by, or acting as agent for, Contractor, exc epting the sole negligence or willful misconduct of the County of Solano. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after comp letion of Contractor's services, as well as during the progress of rendering such services.

B. Acceptance of insurance required by this Contract does not relieve Contractor from liability under this indemnification clause. This indemni fication clause shall apply to all damages or claims for damages suffered by Contractor's operatio ns regardless if any insurance is applicable or not.

11. I

NDEPENDENT CONTRACTOR

A. Contractor is an independent contractor and not an agent, o fficer or employee of County. The parties mutually understand that this Contract is b etween two independent contractors and is not intended to and shall not be construed t o create the relationship of agent, servant, employee, partnership, joint venture or association.

B. Contractor shall have no claim against County for employee rights or benefits including, but not limited to, seniority, vacation time, vacation pay, sick leave, personal time off, overtime, medical, dental or hospital benefits, retirement bene fits, Social Security, disability, County of Solano Exhibit C
Standard Contract General Terms

City of Vallejo Navigation Center Contract COV-02-ARPA Page 9 of 18 Workers' Compensation, unemployment insurance benefits, civil s ervice protection, disability retirement benefits, paid holidays or other paid leaves of absence.

C. Contractor is solely obligated to pay all applicable taxes, deductions and other obligations including, but not limited to, federal and state in come taxes, withholding, Social Security, unemployment, disabilit y insurance, Workers' Compensa tion and Medicare payments.

D. Contractor shall indemnify and hold County harmless from an y liability which County may incur because of Contractor's failure to pay such ob ligations nor shall County be responsible for any employer-related costs not otherwise agreed to in advance between the County and Contractor.

E. As an independent contractor, Contractor is not subject to the direction and control of County except as to the final result contracted for under this Contract. County may not require Contractor to change Contractor’s manner of doing b usiness, but may require redirection of efforts to fulfill this Contract.

F. Contractor may provide services to others during the same p eriod Contractor provides service to County under this Contract.

G. Any third persons employed by Contractor shall be under Con tractor's exclusive direction, supervision and control. Contractor shall determine all conditions of employment including hours, wages, working conditions, discipline, hiring and discharging or any other condition of employment.

H. As an independent contractor, Contractor shall indemnify an d hold County harmless from any claims that may be made against County based o n a n y c o n t e n t i o n b y a third party that an employer-employee relationship exists under this Contract.

I. Contractor, with full knowledge and understanding of the fo regoing, freely, knowingly, willingly and voluntarily waives the right to assert any claim to any right or benefit or term or condition of employment insofar as they may be related to or arise from compensation paid hereunder.

12. R

ESPONSIBILITIES OF CONTRACTOR

A. The parties understand and agree that Contractor possesses the requisite skills necessary to perform the work under this Contract and County re lies upon such skills.

Contractor pledges to perform the work skillfully and professio nally. County's acceptance of Contractor's work does not constitute a release of Contractor from professional responsibility.

B. Contractor verifies that Contractor has reviewed the scope of work to be performed under this Contract and agrees that in Contractor’s p rofessional judgment, the work can and shall be completed for costs within the maximum amount set forth in this Contract.

C. To fully comply with the terms and conditions of this Contr act, Contractor shall:
(1) Establish and maintain a system of accounts for budgeted funds that complies with generally accepted accounting principles for government agencies; (2) Document all costs by maintaining complete and accurate r ecords of all financial transactions associated with this Contract, including , but not limited to, invoices and other official documentation that sufficiently support all charges under this Contract; (3) Submit monthly reimbursement claims for expenditures that d i r e c t l y benefit Solano County;
(4) Be liable for repayment of any disallowed costs identifie d through quarterly reports, audits, monitoring or other sources; and
County of Solano Exhibit C
Standard Contract General Terms

City of Vallejo Navigation Center Contract COV-02-ARPA Page 10 of 18 (5) Retain financial, programmatic, client data and other ser vice records for 3 years from the date of the end of the contract award or for 3 years from the date of termination, whichever is later.

13. C

OMPLIANCE WITH LAW

A. Contractor shall comply with all federal, state and local la ws and regulations applicable to Contractor’s performance, including, but not limited to, licensing, employment and purchasing practices, wages, hours and conditions of employment.

B. To the extent federal funds are used in whole or in part to fund this Contract, Contractor specifically agrees to comply with Executive Order 1 1246 entitled “Equal Employment Opportunity”, as amended and supplemented in Department of Labor regulations; the Copeland “Ant-Kickback” Act (18 U.S.C. §874) and its implem enting regulations (29 C.F.R. part 3); the Clean Air Act (42 U.S.C. §7401 et seq.); the Clean Water Act ( 33 U.S.C. §1251); and the Energy Policy and Conservation Act (Pub. L. 94-165).

C. Contractor represents that it will comply with the applicabl e cost principles and administrative requirements including claims for payment or rei mbursement by County as set forth in 2 C.F.R. part 200, as currently enacted or as may be a mended throughout the term of this Contract.

14. C

ONFIDENTIALITY

A. Contractor shall prevent unauthorized disclosure of names a nd other client- identifying information, except for statistical information not identifying a particular client receiving services under this Contract.

B. Contractor shall not use client specific information for an y purpose other than carrying out Contractor's obligations under this Contract.

C. Contractor shall promptly transmit to County all requests f or disclosure of confidential information.

D. Except as otherwise permitted by this Contract or authorize d by law, Contractor shall not disclose any confidential information to anyone other than the State of California without prior written authorization from County.

E. For purposes of this section, identity shall include, but n ot be limited to, name, identifying number, symbol or other client identifying particul ars, such as fingerprints, voice print or photograph. Client shall include individuals receivin g services pursuant to this Contract.

15. C

ONFLICT OF INTEREST

A. Contractor represents that Contractor and/or Contractor’s e mployees and/or their immediate families and/or Board of Directors and/or officers have no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any interest, direct or indirect, including separate contracts for the work to be perfo rmed hereunder, which conflicts with the rendering of services under this Contract. Contractor shall employ or retain no such person while rendering services under this Contract. Services rendered by Contractor's associates or employees shall not relieve Contractor from perso nal responsibility under this clause.

County of Solano Exhibit C
Standard Contract General Terms

City of Vallejo Navigation Center Contract COV-02-ARPA Page 11 of 18 B. Contractor has an affirmative duty to disclose to County in writing the name(s) of any person(s) who have an actual, potential or apparent conflict of interest.

16. D

RUG FREE WORKPLACE

Contractor represents that Contractor is knowledgeable of Gove rnment Code section 8350 et seq., regarding a drug free workplace and shall abide b y and implement its statutory requirements.

17. H

EALTH AND SAFETY STANDARDS

Contractor shall abide by all health and safety standards set f o r t h b y t h e S t a t e o f California and/or the County of Solano pursuant to the Injury and Illness Prevention Program. If applicable, Contractor must receive all health and safety information and training from County.

18. C

HILD/ADULT ABUSE

If services pursuant to this Contract will be provided to chil dren and/or elder adults, Contractor represents that Contractor is knowledgeable of the C hild Abuse and Neglect Reporting Act (Penal Code section 11164 et seq.) and the Elder Abuse and Dependent Adult Civil Protection Act (Welfare and Institutions Code section 156 00 et seq.) requiring reporting of suspected abuse.

19. I

NSPECTION

Authorized representatives of County, the State of California and/or the federal government may inspect and/or audit Contractor's performance, p lace of business and/or records pertaining to this Contract.

20. N

ONDISCRIMINATION

A. In rendering services under this Contract, Contractor shall comply with all applicable federal, state and local laws, rules and regulations and shall not discriminate based on age, ancestry, color, gender, marital status, medical condit ion, national origin, physical or mental disability, race, religion, sexual orientation, or other protected status.

B. Further, Contractor shall not discriminate against its empl oyees, which includes, but is not limited to, employment upgrading, demotion or transf er, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

21. S

UBCONTRACTOR AND ASSIGNMENT

A. Services under this Contract are deemed to be personal serv ices.

B. Subject to any required state or federal approval, Contract or shall not subcontract any work under this Contract without the prior writ ten consent of the County’s Contract Manager nor assign this Contract or monies due without the prior written approval of the County’s applicable Department Head or his or her designee and the County Administrator.

County of Solano Exhibit C
Standard Contract General Terms

City of Vallejo Navigation Center Contract COV-02-ARPA Page 12 of 18 C. If County consents to the use of subcontractors, Contractor shall require and verify that its subcontractors maintain insurance meeting all t he requirements stated in Section 7 above.

D. Assignment by Contractor of any monies due shall not consti tute an assignment of the Contract.

22. U

NFORESEEN CIRCUMSTANCES

Contractor is not responsible for any delay caused by natural disaster, war, civil disturbance, labor dispute or other cause beyond Contractor's r easonable control, provided Contractor gives written notice to County of the cause of the delay within 10 days of the start of the delay.

23. O

WNERSHIP OF DOCUMENTS

A. County shall be the owner of and shall be entitled to posse ssion of any computations, plans, correspondence or other pertinent data and information gathered by or computed by Contractor prior to termination of this Contract by County or upon completion of the work pursuant to this Contract.

B. No material prepared in connection with the project shall b e subject to copyright in the United States or in any other country.

24. N
OTICE

A. Any notice necessary to the performance of this Contract sh all be given in writing by personal delivery or by prepaid first-class mail addressed a s stated on the first page of this Contract.

B. If notice is given by personal delivery, notice is effectiv e as of the date of personal delivery. If notice is given by mail, notice is effec tive as of the day following the date of mailing or the date of delivery reflected upon a return receipt, whichever occurs first.

25. N

ONRENEWAL

Contractor acknowledges that there is no guarantee that County will renew Contractor's services under a new contract following expiration or terminati on of this Contract. Contractor waives all rights to notice of non-renewal of Contractor's services.

26. C
OUNTY’S OBLIGATION SUBJECT TO AVAILABILITY OF FUNDS

A. The County’s obligation under this Contract is subject to t he availability of authorized funds. The County may terminate the Contract, or an y part of the Contract work, without prejudice to any right or remedy of the County, for lac k of appropriation of funds. If expected or actual funding is withdrawn, reduced or limited in any way prior to the expiration date set forth in this Contract, or any subsequent amendment, t he County may, upon written Notice to the Contractor, terminate this Contract in whole or in part.

B. Payment shall not exceed the amount allowable for appropria tion by the Board of Supervisors. If the Contract is terminated for non-appropriation of funds:
i. The County will be liable only for payment in accordance w ith the terms of County of Solano Exhibit C
Standard Contract General Terms

City of Vallejo Navigation Center Contract COV-02-ARPA Page 13 of 18 this Contract for services rendered prior to the effective date of termination; and ii. The Contractor shall be released from any obligation to p rovide further services pursuant to this Contract that are affected by the termination.

C. Funding for this Contract beyond the current appropriation y ear is conditional upon appropriation by the Board of Supervisors of sufficient fu nds to support the activities described in this Contract. Should such an appropriation not b e approved, this Contract will terminate at the close of the current appropriation year.

D. This Contract is void and unenforceable if all or parts of f ederal or state funds applicable to this Contract are not available to County. If ap plicable funding is reduced, County may either:
(1) Cancel this Contract; or,
(2) Offer a contract amendment reflecting the reduced funding .

27. C

HANGES AND AMENDMENTS

A. County may request changes in Contractor's scope of service s. Any mutually agreed upon changes, including any increase or decrease in the amount of Contractor's compensation, shall be effective when incorporated in written amendments to this Contract.

B. The party desiring the revision shall request amendments to the terms and conditions of this Contract in writing. Any adjustment to this Contract shall be effective only upon the parties' mutual execution of an amendment in writing.

C. No verbal agreements or conversations prior to execution of this Contract or requested amendment shall affect or modify any of the terms or conditions of this Contract unless reduced to writing according to the applicable provisions of this Contract.

28. C

HOICE OF LAW

The parties have executed and delivered this Contract in the C ounty of Solano, State of California. The laws of the State of California shall govern t he validity, enforceability or interpretation of this Contract. Solano County shall be the ve nue for any action or proceeding, in law or equity that may be brought in connection with this Contract.

29. H

EALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT

Contractor represents that it is knowledgeable of the Health In surance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regul ations issued by the U.S.

Department of Health and Human Services (45 C.F.R. parts 160-64 ) regarding the protection of health information obtained, created, or exchanged as a resu lt of this Contract and shall abide by and implement its statutory requirements.

30. WAIVER

Any failure of a party to assert any right under this Contract shall not constitute a waiver or a termination of that right, under this Contract or any of its provisions.

31. CONFLICTS IN THE CONTRACT DOCUMENTS

County of Solano Exhibit C
Standard Contract General Terms

City of Vallejo Navigation Center Contract COV-02-ARPA Page 14 of 18 The Contract documents are intended to be complementary and int erpreted in harmony so as to avoid conflict. In the event of conflict in the Contr act documents, the parties agree that the document providing the highest quality and level of se r v i c e t o t h e C o u n t y s h a l l supersede any inconsistent term in these documents.

32. FAITH BASED ORGANIZATIONS

A. Contractor agrees and acknowledges that County may make fun ds available for programs or services affiliated with religious organizations un der the following conditions: (a) the funds are made available on an equal basis as for programs or services affiliated with non- religious organizations; (b) the program funded does not have t he substantial effect of supporting religious activities; (c) the funding is indirect, r emote, or incidental to the religious purpose of the organization; and (d) the organization complies with the terms and conditions of this Contract.

B. Contractor agrees and acknowledges that County may not make funds available for programs or services affiliated with a religious organizati on (a) that has denied or continues to deny access to services on the basis of any protected class; (b) will use the funds for a religious purpose; (c) will use the funds for a program or service that subjects its participants to religious education.

C. Contractor agrees and acknowledges that all recipients of f unding from County must: (a) comply with all legal requirements and restrictions i mposed upon government-funded activities set forth in Article IX, section 8 and Article XVI, section 5 of the California Constitution and in the First Amendment to the United States Constitution; a nd (b) segregate such funding from all funding used for religious purposes.

33. P
RICING

Should Contractor, at any time during the term of this Contrac t, provide the same goods or services under similar quantity, terms and conditions to one or more counties in the State of California at prices below those set forth in this Contract, th en the parties agree to amend this Contract so that such lower prices shall be extended immediatel y to County for all future services.

34. U

SE OF PROVISIONS, TERMS, CONDITIONS AND PRICING BY OTHER PUBLIC AGENCIES

Contractor and County agree that the terms of this Contract ma y be extended to any other public agency located in the State of California, as prov ided for in this section. Another public agency wishing to use the provisions, terms, and pricing of this Contract to contract for equipment and services comparable to that described in this Contract shall be responsible for entering into its own contract with Contractor, as well as prov iding for its own payment provisions, making all payments, and obtaining any certificates of insurance and bonds that may be required. County is not responsible for providing to an y other public agency any documentation relating this Contract or its implementation. An y public agency that uses provisions, terms, or pricing of this Contract shall by virtue of doing so be deemed to indemnify and hold harmless County from all claims, demands, or causes of actions of every kind arising directly or indirectly with the use of this Contract. County m akes no guarantee of usage by other users of this Contract nor shall the County incur any fin ancial responsibility in connection County of Solano Exhibit C
Standard Contract General Terms

City of Vallejo Navigation Center Contract COV-02-ARPA Page 15 of 18 with any contracts entered into by another public agency. Such other public agency shall accept sole responsibility for placing orders and making payments to Contractor.

35. D

ISBARMENT OR SUSPENSION OF CONTRACTOR

A. Contractor represents that its officers, directors and empl oyees (i) are not currently excluded, debarred, or otherwise ineligible to partic ipate in a federally funded program; (ii) have not been convicted of a criminal offense rel ated to the provision of federally funded items or services nor has been previously excluded, deba rred, or otherwise declared ineligible to participate in any federally funded programs, and (iii) are not, to the best of its knowledge, under investigation or otherwise aware of any circu mstances which may result in Contractor being excluded from participation in federally funded programs.

B. For purposes of this Contract, federally funded programs inc lude any federal health program as defined in 42 USC § 1320a-7b(f) (the “Federal Healthcare Programs”) or any state healthcare programs.

C. This representation and warranty shall be an ongoing represe ntation and warranty during the term of this Contract and Contractor must i mmediately notify the County of any change in the status of the representation and warranty set forth in this section.

D. If services pursuant to this Contract involve federally-fund ed programs, Contractor agrees to provide certification of non-suspension wi th submission of each invoice.

Failure to submit certification with invoices will result in a delay in County processing Contractor’s payment.

36. E

XECUTION IN COUNTERPARTS

This Contract may be executed in two or more counterparts, eac h of which together shall be deemed an original, but all of which together shall co nstitute one and the same instrument, it being understood that all parties need not sign the same counterpart. In the event that any signature is delivered by facsimile or electroni c transmission (e.g., by e-mail delivery of a ".pdf" format data file), such signature shall cr eate a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or electronic signature page were an original signature.

37. L

OCAL EMPLOYMENT POLICY

Solano County desires, whenever possible, to hire qualified lo cal residents to work on County projects. A local resident is defined as a person who r esides in, or a business that is located in, Solano County. The County encourages an active out reach program on the part of its contractors, consultants and agents. When local projects r equire subcontractors, Contractor shall solicit proposals for qualified local residents where possible.

38. E

NTIRE CONTRACT

This Contract, including any exhibits referenced, constitutes the entire agreement between the parties and there are no inducements, promises, ter ms, conditions or obligations made or entered into by County or Contractor other than those contained in it.

County of Solano Exhibit D
Standard Contract Special Terms
City of Vallejo Navigation Center Contract COV-02-ARPA Page 16 of 18

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. SUB-RECIPIENT COMPLIANCE
A. All or part of this contract will be paid with Federal awards . Contractor may be designated as a Sub-recipient and the federal funds received un der this contract may be designated as a subaward of the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds (CSLFRF). Funds, payments, expenses , and procurements under this contract must be used in accordance with Federal sta t u t e s , r e g u l a t i o n s a n d t h e terms and conditions of the Federal award, including but not li mited to, the US Treasury Final Rule (31 CFR Part 35), CSLFRF Compliance Reporting Guidance, an d CSLFRF Frequently Asked Questions and all amendments or successor laws, regulations, or guidance thereto.

B. Contractor shall also comply with all other applicable federa l statutes, regulations, and executive orders, and shall provide for such c ompliance by other parties in any contracts it enters into with other parties relating to or involving funding under this contract.

C. Contractor shall be responsible for any disallowances, questi oned costs, or other items, including interest, not allowed under ARPA CSLFRF fundin g. Contractor shall return to County any funds disallowed within (90) ninety days of notifica tion from County to return such funds.

D. As a pass-through entity, the County is required to provide c ertain information regarding Federal award(s) to Contractor as a Sub-recipient:

L
Subrecipient name (which must match the name associated with it s unique entity identifier): City of Vallejo

LL
Subrecipient's unique entity identifier: KJKSES96KUN9

LLL
Federal Award Identification Number (FAIN): SLFRP1180

LY
Federal Award Date: March 11, 2021

Y
Subaward Period of Performance Start and End Date: -DQXDU\ 1, 202 - 'HFHPEHU, 2024

YL
Subaward Budget Period Start and End Date: -DQXDU\'HFHPEHU

YLL
Amount of Federal Funds Obligated by this action by the pass-th rough entity to the subrecipient: $1,500,000

YLLL
Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current financial obligation: $1,500,000

L[
Total Amount of the Federal Award committed to the subrecipient by the pass- through entity: $1,500,000

[
Federal award project description: American Rescue Plan Act Dir ect Payment for Specified Use

[L
Name of Federal awarding agency, pass-through entity, and conta ct information for awarding official of the Pass-through entity: Provided by t he Department of the Treasury to the County of Solano. County Administrator Bill Emlen cao- [email protected].

[LL
Assistance Listings number and Title: 21.027 Coronavirus State and Local Fiscal Recovery Funds

[LLL
Identification of whether the award is R&D: No
County of Solano Exhibit D
Standard Contract Special Terms
City of Vallejo Navigation Center Contract COV-02-ARPA Page 17 of 18 (xiv) Indirect cost rate for the Federal award (including if the de minimis rate is charged) per § 200.414: NA
County will provide any addition al required information regardi ng the Federal Award upon receipt of funding documents from the funding source.

2. REPORTING
Contractor agrees to comply with and support all applicable ARPA CSLFRF reporting requirements and all reporting requirements otherwise stated in the contract, including, but not limited to, providing reports to the County as requested. Contractor shall maintain compliance with all other federal reporting requirements, including those pertaining to subaward and executive compensation information (2 CFR Part 170), and shall maintain processes and systems for proper and timely reporting as required under 2 CFR Part 170 Appendix A (unless exempt).

Contractor shall be responsible for ARPA CSLFRF related reporti ng by project, including but not limited to:
x Quarterly reporting on performance as related to activities and outcomes identified in Exhibit A;
x Identifying primary, secondary, and tertiary impacted and/or di sproportionally impacted populations served;
x Identifying the structure and objectives of assistance programs , including negative economic impacts experienced;
x Identifying how Contractor’s approach to ensuring response is r easonable and proportional to negative economic impacts of the COVID-19 pandemic; x Identifying the amount of the project spending that is allocate d toward evidence-based interventions;
x Identifying if a program evaluation is being conducted; x Identifying efforts to promote equitable outcomes, including ho w programs were designed with equity in mind; and
x Other reporting based on project category.

3. UNIFORM ADMINISTRATIVE, COST PRINCIPLES, AND AUDIT REQUIREMENTS A. Contractor shall comply with all applicable provisions of the federal Uniform Guidance, 2 CFR Part 200, including applicable Administrative R equirements, Cost Principles, and Audit requirements. Without limitation, all use of funds an d procurement of all services (including consultants), supplies, property, or equipment, shal l be performed in conformance with 2 CFR 200.318-327 as well as in conformance with all other administrative, costs, and audit requirements under federal laws and regulations. These re quirements generally require open and competitive process, with limited exceptions. Contract or shall maintain records sufficient to detail the history of procurement and provide suc h records upon request. These records shall include, but are not necessarily limited to: rati onale for the method of procurement, selection of contract type, contractor selection o r rejection, and the basis for the contract price.

County of Solano Exhibit D
Standard Contract Special Terms
City of Vallejo Navigation Center Contract COV-02-ARPA Page 18 of 18 B. Contractors who receive federal funding which taken together total over $750,000 in a single fiscal year are required to have a single agency audit in accordance with 2 CFR Part 200, Subpart F. A copy of this audit must be forwar ded to the County by the auditor as soon as it is complete.

4. SYSTEM FOR AWARD MANAGEMENT
Contractor shall maintain compliance with the System for Award Management (SAM) and Universal Entity Identifier requirements, pursuant to 2 CFR Part 25, including obtaining a unique entity identifier and completing SAM registration prior to receiving the Federal award unless exempt under 2 CFR 25.110. No entity, including subcontr actors, may receive any federal funds through this contract unless the entity has provi ded its Unique Entity Identifier to County. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier.

5. P UBLIC ACKNOWLEDGEMENT OF FUNDS
Contractor shall appropriately acknowledge funding from the County of Solano ARPA CSLFRF.

Appropriate acknowledgement is defined as follows:

A. Includes the County of Solano logo;
B. Includes the statement, “Made possible by funding from the Co unty of Solano”; C. The statement and logo must be included in all public materia ls that mention the funded programs or services, including (but not limited to) Web sites, e-mails, news releases, media advisories, brochures, newsletters, flyers, advertisements, public service announcements, posters, and any other public communication items.

6. S TART-UP PERIOD
Without limiting any remedy available under section 4 or sectio n 9 of Exhibit C to this Contract, or as otherwise provided by law, in the event that Contractor d oes not implement the services contemplated by this Contract within 6 months of the effective date of this Contract, County reserves the right, in the sole and absolute discretion of County, to te rminate the Contract with 15 days written notice of such termination to Contractor.

7. I NSURANCE
In lieu of Exhibit C, Section 7, Contractor may carry compatibl e coverage through Contractor's self-insurance program.

RESOLUTION NO. 24- ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING

THE AMERICAN RESCUE PLAN ACT GRANT AGREEMENT WITH THE COUNTY

OF SOLANO, AUTHORIZING THE CITY MANAGER TO EXECUTE SAME AND

PROVIDING NOTICE OF INTENT TO AMEND THE
FISCAL YEAR 2023-2024 BUDGET
WHEREAS, the City of Vallejo applied for and was awarded $1,500,000 of Solano County American Rescue Plan Act (ARPA) grant funding to be used towards to the construction of the Vallejo Navigation Center; and
WHEREAS, the Vallejo Navigation Center will be a “one-stop-shop” that will provide services and shelter critical to helping address homelessness; and WHEREAS, the center will offer 125 shelter beds and provide case management connecting people to social and medical services; and
WHEREAS, Housing/Unhoused Response is a Vallejo City Council Priority Area.

NOW, THEREFORE BE IT RESOLVED, that the Vallejo City Council does hereby approve the ARPA grant agreement with the County of Solano (County of Solano Standard Contract – COV-02 ARPA) to accept $1,500,000 towards construction of the Vallejo Navigation Center and authorizes the City Manager or his designee to execute same.

BE IT FURTHER RESOLVED that the City Council does hereby give its notice of intention to amend the general fund budget for fiscal year 2023-2034 by $1,500,000.

Adopted by the Council of the City of Vallejo at a special meeting held on February 6, 2024 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK

FIRST AMENDMENT TO

HOMELESS HOUSING, ASSISTANCE, AND PREVENTION PROGRAM
ROUND 2 AND ROUND 3 FUNDING

MEMORANDUM OF UNDERSTANDING

BETWEEN

COMMUNITY ACTION PARTNERSHIP OF SOLANO, JOINT POWERS AUTHROITY AND

CITY OF VALLEJO
This First Amendment to the Homeless Housing, Assistance, and Prevention Program Round 2 and Round 3 Memorandum of Understanding for the City of Vallejo (“First Amendment”), is entered into as of September 28, 2023, between the Community Action Partnership of Solano, Joint Powers Authority (“JPA”), a political subdivision of the State of California, for the benefit of the City of Vallejo (“CITY OF VALLEJO”) – individually, a “Party”; and collectively, the “Parties” – for CITY OF VALLEJO to develop a New Navigation Center on behalf of the JPA.

1. Recitals
A. The parties entered into that certain Homeless Housing, Assistance, and Prevention Program Round 2 and Round 3 Memorandum of Understanding dated May 23, 2023 (“Agreement”) for CITY OF VALLEJO as the Sub Recipient to receive funding to develop and operate a New Navigation Center to service homeless individuals or individuals at risk of homelessness in the Vallejo/Solano Continuum of Care (“CoC”) services area; and B. The parties desire to amend the Agreement to adjust the funding source in the amount of $158,496.51 from the Emergency Solutions Grant CARES Act (ESG-CV) to the allocation resources listed below.

2. Agreement
A. CAP Solano JPA’s Obligations: In lieu of amending the City of Vallejo ESG-CV MOU for an increase of $158,496.51, CAP Solano JPA agrees to provide additional fiscal support utilizing the following funding sources:

Funding Source Notes Amount
HHAP1 Reallocation of unused Administrative
Funding from the City of Vacaville
$24,000.00
HHAP2 Reallocation from the County of Solano $63,367.21 HHAP Interest Interest earned on HHAP allocations $20,799.48 HHIP $50,329.82
Total $158,496.51

This brings the total a total award under this MOU for construction of the Navigation Center to One Million, Eighty-Two Thousand, Five Hundred and Eighty-Two dollars and no cents ($1,082,582.00).

B. CITY OF VALLEJO’s Obligations. CITY OF VALLEJO agrees to expend all HHAP 1 funds and provide the services and activities outlined in Attachment A, Scope of Work/Project Description, on or before June 30, 2025 (“HHAP 1 Expenditure Deadline”).

All other funds have an expenditure deadline of June 30, 2026 (“HHAP 2 Expenditure Deadline”). “Expended” means all funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding.

C. Attachment A, Scope of Work/Project Description, Attachment B Reporting Requirements Attachment C Payment Schedule remain unchanged.

D. Effectiveness of the Contract. Except as expressly set forth in this First Amendment, the terms and conditions of the Agreement shall remain unchanged.

Execution. The undersigned hereby warrants that s/he has the requisite Authority to enter into this MOU on behalf of the parties and thereby bind the parties to the terms and conditions of the same.

Community Action Partnership of Solano JPA, CITY OF VALLEJO, a Joint Powers Authority a Municipal Corporation
By ____________________________ By __________________________ Trevor Macenski, Board Chair Michael Malone, Vallejo City Manager RESOLUTION NO. 24- ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE

FIRST AMENDMENT TO THE HOMELESS HOUSING, ASSISTANCE, AND PREVENTION PROGRAM ROUND 2 AND ROUND 3 FUNDING MEMORANDUM OF UNDERSTANDING,

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME, AND GIVING NOTICE OF INTENT TO AMEND THE GENERAL FUND BUDGET FOR FISCAL YEAR 2023-2024 WHEREAS, the City of Vallejo responded to a Request for Proposals from the Community Action Partners of Solano Joint Powers Authority (CAP Solano JPA) for Homeless Housing, Assistance, Prevention Program Round 2 and Round 3 (HHAP Round 2 and Round 3) and Emergency Solutions Grant CARES Act Funding (ESG-CV) for grant funds to be used towards the construction of the Vallejo Navigation Center; and
WHEREAS, on April 27, 2023, CAP Solano JPA awarded the City $513,245.00 of HHAP Round 2 funding, $410,840.49 of HHAP Round 3 funding, and $158,496.51 of ESG-CV funding for a total of $1,082,582.00; and
WHEREAS, at its regular meeting held on May 23, 2023, notice of intent to amend the general fund budget for fiscal year 2022-23 to recognize the HHAP Round 2 and Round 3 grant revenue and authorize the expenditure of funds for the Vallejo Navigation Center; and WHEREAS, the Vallejo City Council authorized the City Manager or his designee to execute the Homeless Housing, Assistance, and Prevention Round 2 and Round 3 Memorandum of Understanding with the Community Action Partnership of Solano, Joint Powers Authority in the amount of $924,085.49; and
WHEREAS, on June 26, 2023, the Vallejo City Council adopted a resolution to amend the Fund 221, Capital Grant and Contribution Budget, Project PW9433 for Fiscal Year 2022-23 to increase revenues and expenditures in the amount of $924,085.49 for the Vallejo Navigation Center; and WHEREAS, after reviewing the ESG-CV funding guidelines, CAP Solano JPA determined that the ESG-CV funds were not eligible to be used towards the Vallejo Navigation Center; and WHEREAS, in order to maintain the original total amount of its funding pledge, CAP Solano JPA is awarding the City of Vallejo $24,000.00 of Homeless Housing, Assistance, and Prevention Program Round 1 funding, $63,367.21 of Homeless Housing, Assistance, and Prevention Program Round 2 funding, $20,799.48 of Homeless Housing, Assistance, and Prevention Program Interest funding, and $50,329.82 Housing and Homelessness Incentive Program (HHIP) funding) for a total of $158,496.51 to be used towards the construction of the Vallejo Navigation Center.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby approves the First Amendment to the Homeless Housing, Assistance, and Prevention Program Round 2 and Round 3 Funding Memorandum of Understanding between CAP Solano JPA and the City of Vallejo to accept substitute grant funding in the amount of $158,496.51 to be used towards construction of the Vallejo Navigation Center.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager or his designee to execute same, with any modifications recommended by the City Attorney and the City Clerk to attest.

BE IT FURTHER RESOLVED that the City Council does hereby give its notice of intention to amend the general fund budget for fiscal year 2023-2024 to increase revenues and expenditures by $158,496.51.

Adopted by the Council of the City of Vallejo at a regular meeting held on February 6, 2024 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
ACTION ITEM 4.B.

DATE: February 6, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE NAVIGATION CENTER PROJECT (PROJECT NO. PW9433), AFTER FINDING THE

PROJECT STATUTORILY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA

QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE
SECTION 21080(b)(1) AND CEQA GUIDELINES SECTION 15268, APPROVING AND AWARDING A CONSTRUCTION CONTRACT TO G & G BUILDERS, INC. FOR ITS BID OF $6,996,273.00 AND A 15% CONTINGENCY OF $1,049,441.00 FOR A TOTAL CONTRACT AMOUNT OF $8,045,714.00, IN ACCORDANCE WITH THE APPROVED

PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

RECOMMENDATION
Adopt a Resolution approving project plans and specifications for the Navigation Center Project (Project No.

PW9433), after finding the project statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(B)(1) and CEQA Guidelines Section 15268, approving and awarding a construction contract to G & G Builders, Inc., for its bid of $6,996,273 and a 15% construction contingency of $1,049,441 for a total contract amount of $8,045,714 and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
Public Works advertised a Request for Bids to construct the Navigation Center Project. Staff determined that G & G Builders, Inc., is the lowest responsive and responsible bidder and recommends awarding a construction contract in the amount of $6,996,273 and a 15% construction contingency of $1,049,441 for a total contract amount of $8,045,714 to said bidder.

BACKGROUND AND DISCUSSION
In May 2019, the City Council authorized staff to proceed with developing plans for a Navigation Center.

Mirrored after other successful models, Vallejo's Navigation Center will provide the City's unhoused residents with access to vital services, including temporary housing, which will serve as a pathway to connect Vallejo’s homeless residents to permanent housing, jobs, and income.

On May 17, 2021, the Planning Commission adopted a Resolution finding the Navigation Center Project (Project) to be in conformance with the City's General Plan.

On November 1, 2022, the City Council authorized the purchase of 1937 Broadway Street to serve as the location of the Project. The property meets the general suitability requirements for the proposed Project’s use.

The property is located on a major arterial road, with reasonable and safe public access, and within 0.25 miles of major public transit and 0.75 miles of a major medical facility. Adequate electrical, water, sewer, and storm drainage connections are available to serve the site.

On December 20, 2022, the City Council adopted Resolution No. 22-210 awarding an architectural design

Date: February 6, 2024
Subject: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE NAVIGATION CENTER PROJECT (PROJECT NO. PW9433), AFTER FINDING THE

PROJECT STATUTORILY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA

PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

Page 2 ends

contract to Gutierrez/Associates Architects in the amount of $288,000 plus a 15% contingency ($43,200) to design the Project.

The Project includes the construction of a navigation center at 1937 Broadway Street, a 1.15-acre vacant site, to provide temporary housing and public services for people experiencing homelessness in the City. The Project consists of two prefabricated “tensioned fabric structures” with aluminum substructure, manufactured by Sprung Structures, Inc. One structure will provide 125 shelter beds. The other structure will serve as a community space that will provide for dining and food preparation, counseling, meetings with service providers, medical and dental treatments, access to job training, and assistance with identifying permanent housing. The Project also includes eight dog kennels, restroom and shower facilities, on-site parking, a vegetable garden and outdoor recreational space with seating.

The plans and specifications, prepared and completed under the direction of the City Engineer, were advertised continuously on Planet Bids for four weeks beginning December 15, 2023, and twice in the Vallejo Times Herald in compliance with Public Contract Code Section 20164. Plans and specifications are available for viewing via hyperlinks provided in Attachment 5.

On January 11, 2024, 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. G & G Builders, Inc. $6,996,273

2. Bobo Construction, Inc. $7,083,000

3. Arntz Builders, Inc. $7,640,702

4. Diede Construction, Inc. $7,824,600

Staff determined that G & G Builders, Inc. is the lowest responsive and responsible bidder pursuant to Public Contract Code Section 20162 and recommends awarding a construction contract in the amount of $8,045,714, which includes a 15% construction contingency of $1,049,441 to said bidder.

FISCAL IMPACT
Funding for this project has been allocated through several grants received and the adopted FY 2023-24 Capital Improvement Program. Detailed project funding sources are provided in Attachment 2.

SOURCES BUDGET EXPENDITURES
American Rescue Plan Act - City of Vallejo (ARPA) 2,000,000 Date: February 6, 2024
Subject: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE NAVIGATION CENTER PROJECT (PROJECT NO. PW9433), AFTER FINDING THE

PROJECT STATUTORILY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA

PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

Page 3 ends

American Rescue Plan Act - Solano County (ARPA) 1,500,000 Community Development Block Grant (CDBG) 3,517,254
General Fund 162,937
Homeless Housing, Assistance and Prevention Program -
Round 1 (HHAP1)
24,000
Homeless Housing, Assistance and Prevention Program -
Round 2 (HHAP2)
576,612
Homeless Housing, Assistance and Prevention Program -
Round 3 (HHAP3)
410,840
Homeless Housing, Assistance and Prevention Program – Rd 2 & 3 Amendment
158,497
Housing and Homelessness Incentive Program 50,330
Permanent Local Housing Allocation Program - 2019 (PLHA) 505,369 Permanent Local Housing Allocation Program - 2020 (PLHA) 785,500 Permanent Local Housing Allocation Program - 2022 (PLHA) 864,418 Capital Outlay 1,420,000

Project Management (364,850)
Design (564,193)
Environmental (157,620)
Right of Way (838,526)
Construction
G & G Builder’s, Inc. Construction Contract (6,996,273) G & G Builder’s Inc. 15% Construction Contingency (1,049,441) Sprung Structures (two each) (733,219)
Date: February 6, 2024
Subject: ADOPT A RESOLUTION APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE NAVIGATION CENTER PROJECT (PROJECT NO. PW9433), AFTER FINDING THE

PROJECT STATUTORILY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA

PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

Page 4 ends

Other (Pre-fab Restrooms; Furniture, Fixtures and
Equipment, tenant improvements, etc.)
(629,547)
Construction Management / Inspection (642,088)

TOTAL: $11,975,757 ($11,975,757)

ENVIRONMENTAL REVIEW
The proposed project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268 as a ministerial use because, under State law, a Low Barrier Navigation Center is a use by right not subject to a conditional use permit or other discretionary local government review or approval.

ATTACHMENTS

1. ATTACH 1 - Resolution Award Contract G and G Nav Center CAO STAMP

2. ATTACH 2 - Navigation Center Funding

3. ATTACH 4 - Location Map

4. ATTACH 5 - Plans and Specifications

5. ATTACH 3 - Construction Contract - Nav Ctr - PW9433_CAO Stamp

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

RESOLUTION NO. 24-______

A RESOLUTION OF THE CITY COUNCIL APPROVING PROJECT PLANS AND SPECIFICATIONS FOR THE NAVIGATION CENTER PROJECT (PROJECT NO. PW9433), AFTER FINDING THE PROJECT

STATUTORILY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(B)(1) AND CEQA GUIDELINES SECTION 15268, APPROVING AND AWARDING A CONSTRUCTION CONTRACT TO G & G BUILDERS, INC. IN THE AMOUNT OF $8,045,714.00, WHICH INCLUDES A 15% CONSTRUCTION CONTINGENCY OF $1,049,441.00, IN ACCORDANCE WITH THE APPROVED PLANS AND

SPECIFICATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, as a result of the high cost of housing in the San Francisco Bay area, the City of Vallejo has suffered an increase in homelessness among its residents which has placed a strain on public services and resulted in increased crime against a vulnerable population, placed homeless individuals at risk on our streets, increased potentially serious public health issues, and adversely impacted City neighborhoods and public facilities; and
WHEREAS, in order to provide the City’s homeless population with access to vital services, including temporary housing at a navigation center, the City Council desires to establish a Navigation Center in the City; and
WHEREAS, Vallejo’s Homeless Navigation Center will be mirrored upon other successful models and will serve as a pathway to connect Vallejo’s homeless residents to permanent housing, jobs and income; and WHEREAS, on May 17, 2021, the Planning Commission adopted a Resolution finding the Homeless Navigation Center Project to be in conformance with the City's General Plan; and WHEREAS, on November 1, 2022, the City Council authorized a purchase and sale agreement for the property located at 1937 Broadway Street to serve as the location of the Homeless Navigation Center. The property is located on a major arterial road, with easy public safety access, and is within 0.25 miles of major public transit and 0.75 miles of a major medical facility. Adequate electrical, water, sewer, and storm drainage connections are available to serve the site; and
WHEREAS, the City has received the following grants totaling $10,392,820; and American Rescue Plan Act - City of Vallejo (ARPA) 2,000,000 American Rescue Plan Act - Solano County (ARPA) 1,500,000 Community Development Block Grant (CDBG) 3,517,254
Homeless Housing, Assistance and Prevention Program - Round 1 (HHAP1) 24,000

Homeless Housing, Assistance and Prevention Program - Round 2 (HHAP2) 576,612 Homeless Housing, Assistance and Prevention Program - Round 3 (HHAP3) 410,840 Homeless Housing, Assistance and Prevention Program – Rd 2 & 3 Amendment 158,497 Housing and Homelessness Incentive Program (HHIP) 50,330 Permanent Local Housing Allocation Program - 2019 (PLHA) 505,369 Permanent Local Housing Allocation Program - 2020 (PLHA) 785,500 Permanent Local Housing Allocation Program - 2022 (PLHA) 864,418 TOTAL: $10,392,820
WHEREAS, an amount of $162,937 from the General Fund has been appropriated to the Project budget; and WHEREAS, the Plans and Specifications, prepared and completed under the direction of the City Engineer, were advertised continuously on Planet Bids for four weeks beginning December 15, 2023 and twice in the Vallejo Times Herald in compliance with Municipal Code Section 3.20.160 and Public Contract Code Section 20164; and
WHEREAS, the Plans and Specifications may be viewed at https://vallejo.files.com/f/2dac5c8ca52d05cb and https://vallejo.files.com/f/1be8f053463ce247, respectively; and WHEREAS, on January 11, 2024, four sealed bids were received, opened, and publicly read by the Deputy City Clerk; and
WHEREAS, staff determined that G & G Builders, Inc. is the lowest responsive and responsible bidder pursuant to Public Contract Code Section 20162 with a bid in the amount of $6,996,273.00, and recommends awarding a construction contract in the amount of $8,045,714, which includes a 15% construction contingency to said bidder; and
WHEREAS, with the proposed transfer of Fund 201: Capital Outlay Funds in the amount of $1,420,000.00, there are sufficient funds in the Navigation Project budget, to cover the total bid and the contingency; and WHEREAS, the proposed project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268 as a ministerial use because State law provides that a Low Barrier Navigation Center is a use by right which is not subject to a conditional use permit or other discretionary local government review or approval.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo, having reviewed the Plans and Specifications for the Navigation Center Project (Project), hereby approves and adopts said Plans and Specifications for the Project; and
BE IT FURTHER RESOLVED that the Project is statutorily exempt as a ministerial use from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268; and Government Code Sections 65660-65662 provide for Low Barrier Navigation Centers and specify that a Low Barrier Navigation Center is a use by right and therefore not subject to a conditional use permit or other discretionary local government review or approval.

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

BE IT FURTHER RESOLVED that G & G Builders, Inc., of Livermore, California, was determined to be the lowest responsive and responsible bidder, with a bid in the amount of $6,996,273.00, and is hereby awarded a contract in the amount of $8,045,714, which includes a 15% construction contingency.

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

Bobo Construction, Inc. $7,075,000.00
Arntz Builders, Inc. $7,640,702.00
Diede Construction, Inc. $7,824,600.00
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 sign an Agreement between the City of Vallejo and G & G Builders, 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 special meeting held on February 6, 2024, with the following vote:

AYES:

NOES:

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

FUNDING SOURCES FUND AMOUNT ALLOWABLE

EXPENDITURES
American Rescue Plan Act - City of Vallejo (ARPA) 2,000,000 Environmental, Right of Way, and Construction
American Rescue Plan Act - Solano County (ARPA) 1,500,000 Construction Community Development Block Grant (CDBG) 3,517,254
Project Mgmt, Design,
Environmental &
Construction
General Fund 162,937 Project Management Homeless Housing, Assistance and Prevention Program - Round 1 (HHAP1) 24,000 Construction Homeless Housing, Assistance and Prevention Program - Round 2 (HHAP2) 576,612 Construction Homeless Housing, Assistance and Prevention Program - Round 3 (HHAP3) 410,840 Construction Homeless Housing, Assistance and Prevention Program – Rd 2 & 3 Amndmnt 158,497 Design Housing and Homelessness Incentive Program (HHIP) 50,330 Construction Permanent Local Housing Allocation Program - 2019 (PLHA) 505,369 Design and Construction Permanent Local Housing Allocation Program - 2020 (PLHA) 785,500 Construction Permanent Local Housing Allocation Program - 2022 (PLHA) 864,418 Construction Fund 201 Capital Outlay 1,420,000 No restrictions TOTAL: 11,975,757$

LOCATION MAP

NAVIGATION CENTER PROJECT
PROJECT NO. PW9433
1937

BROADWAY
APN
0052040320

PROJECT

LOCATION
N
O
R
T
H
The two attachments below are larger files and here are the links:

Plans - Navigation Center - PW9433
Specs - Navigation Center - PW9433

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

CONTRACT
FOR

NAVIGATION CENTER PROJECT
PROJECT NO. PW9433
THIS CONTRACT (“Contract”) made and concluded in duplicate this 7th day of February 2024, 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 G & G Builders, Inc., a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of said City heretofore caused plans and specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said plans and specifications; and
WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; 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 responsive and 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 responsive and 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 NAVIGATION CENTER PROJECT. The work includes but is not limited to:
•Construction of two fully sprinklered pre-engineered buildings, one to be used as a

dormitory that will house up to 125 residents, and a community building with a kitchen for meals, medical, counseling, laundry, and meetings. The kitchen will be for warming purposes only. In addition to the dormitory and services building, there will be a separate men’s and women's pre-engineered restroom and showering buildings to be installed upon delivery. The dormitory, community building, and pre- engineered restrooms shall be fully sprinklered. The project will also include site improvements and paving, a parking lot for staff and visiting services, bike parking and storage for guests and residents, and outdoor spaces comprised primarily of decomposed granite, small trees, shrubs, a dog run and gardens to create a welcoming environment for outdoor eating or recreation. •Work shall include but is not limited to demolition of curb, gutter, sidewalk and driveway(s), 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 addenda issued prior to the date of bid, or in either of them, which said plans and specifications are hereby referred to by such reference, incorporated herein, and made a part of this Contract.

The following documents shall constitute the Contract Documents:
(a) This Contract;
(b) Addenda Nos. 1, 2, 3, 4 and 5;
(c) Notice to Bidders issued on December 15, 2023;
(c) Instructions to Bidders issued on December 15, 2023; (d) Contractor’s Proposal submitted on January 11, 2024; (e) Plans and Drawings for the Vallejo Navigation Center Project, stamped December 13, 2023;
(f) General Provisions applicable to the Project, stamped December 19, 2023;
(g) Special Provisions applicable to the Project, stamped December 19, 2023;
(h) Technical Specifications applicable to the Project, stamped December 19, 2023;
(i) Wage and Equipment Rates;
(j) Approved Change Orders, if any;
(k) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition;
(l) Vallejo Sanitation & Flood Control District Master Bid Document, dated March 2007 and Addendum to Master Bid Document (MBD) March 2014;
(m) 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 (m) 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.

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 require 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 1700, 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. The Contractor shall forfeit, as penalty to the City, One hundred Dollars ($100.00) 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 in its Proposal 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.

G & G Builders, Inc.
a California corporation
By:

DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Mike Malone
City Manager
DATE:

ATTEST:

By:

Dawn Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Melissa Tigbao, P.E.

Public Works Director
APPROVED AS TO FORM:

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

Armando Sarkis
Risk Manager

CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

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.

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

CITY OF VALLEJO NAVIGATION CENTER PROJECT
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 __________________, 20_______. 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 No.: 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 Nebb
City Attorney

CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL MEN/WOMEN BY THESE PRESENTS, WHEREAS, that 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 NAVIGATION CENTER PROJECT
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, the Principal, and _____________________, as Surety, are held and 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 California Civil Code, commencing with Section 9550, 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 9100 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 bounded parties have executed this Instrument under their several seals this ________ day of _______________________, 20_______.

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
No.:

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 Nebb
City Attorney

Vallejo City CouncilFebruary 6, 2024

Vallejo City Council
February 6, 2024