Vallejo City Council
July 9, 2024

Any supplemental writing related to an agenda item for an open session of a regular meeting that is distributed to all or a majority of all members of the City Council less than 72 hours before the meeting will be posted concurrently on the City’s website at www.cityofvallejo.net/agendas Written material distributed during the meeting, will be available at the meeting if prepared by the City or after the meeting if prepared by someone else. Such materials may be obtained from the City Clerk

Hybrid Options are available for members of the public to participate. To participate remotely:

https://ZoomRegular.CityofVallejo.net
Option to join by phone:

Dial (669) 900-6833
Enter Meeting ID: 914 0075 0676#
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For additional instructions on how to speak during public comment, please visit, www.cityofvallejo.net/publiccomment

VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
JULY 9, 2024

NOTICE: Members of the Public will be able to participate in-person or remotely via Zoom.

City Hall and the Council Chambers will be open to members of the public 30 minutes prior to the start of the meeting.

PUBLIC COMMENT: Members of the Public may provide public comments during the City Council Meeting in person or via ZOOM
(https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833.

For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment
VIEW THE MEETING:
here are four different ways you can view this public meeting:
• In Person
• Watch Vallejo local channel 28
• Stream from the City website: www.cityofvallejo.net/Streaming • Join the Zoom webinar:https://ZoomRegular.Cityofvallejo.net

Vallejo City Council Chambers ADA compliant. Devices for the hearing impaired are available from the City Clerk. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION

5. PRESENTATIONS AND COMMENDATIONS
A. GREATER VALLEJO RECREATION DISTRICT ANNUAL REPORT

6. FIRST COMMUNITY FORUM
The Community Forum is an opportunity to address the Council on any matter for which another opportunity to speak is not provided on the agenda, and which is within the jurisdiction of the Council to resolve. Any interested members of the public desiring to communicate with the City Council as part of the First Community Forum 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), Option to join by phone: Dial (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. In person speakers will be recognized first. When called upon, each speaker should step to the podium, state his/her name for the record. The conduct of the community forum shall be limited to a maximum of fifteen (15) minutes, with each speaker limited to a maximum of three minutes pursuant to Vallejo Municipal Code Section 2.02.300.

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Members of the public wishing to address the Council on Consent 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), Option to join by phone: Dial (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. In person speakers will be recognized first. Each speaker is limited to three minutes pursuant to Vallejo Municipal Code Section 2.02.310. Requests for removal of Consent Items received from the public are subject to approval by a majority vote of the Council. Items removed from the Consent Calendar will be heard immediately after approval of the Consent Calendar and Agenda

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special meeting of June 18 and the special and regular meetings of June 25, 2024
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]

B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

ADOPTION OF ORDINANCES BY TITLE ONLY
Recommendation: Waive reading and authorize introductions and/or adoption of any and all ordinances on this agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.

Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
C. ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE

EXISTING CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC. ADDING ADDITIONAL SERVICES,

INCREASING THE NOT-TO-EXCEED AMOUNT OF THE AGREEMENT TO $141,980, EXTENDING THE TERM THROUGH JANUARY 31, 2025, AND

AUTHORIZING THE CITY ATTORNEY TO EXECUTE SAME
Recommendation: Adopt a Resolution approving a First Amendment to the existing Consultant and Professional Services Agreement with Placeworks, Inc. to increase the maximum not-to-exceed amount of the agreement to $141,980 and authorizing the City Attorney to execute same.

Contact: Gillian Haen, Assistant City Manager
Gillian [email protected]
D. DIRECTION TO STAFF REGARDING PROVIDING CITY COMMENTS TO

SOLANO COUNTY REGARDING CALIFORNIA FOREVER
Recommendation: Direct staff to prepare comments relating to the impacts of the California Forever proposal and send same to the County of Solano.

Contact: Gillian Haen, Assistant City Manager
[email protected]
Veronica A. F. Nebb, City Attorney
[email protected]

9. 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. APPOINTMENTS TO VARIOUS CITY BOARD, COMMISSIONS AND

COMMITTEES
Recommendation: Adopt a resolution making the following appointments:
• Beautification Commission - 2 vacancies
• Civil Service Commission - 2 vacancies
• McCune Collection Commission - 3 vacancies
• PBSC - 6 member and 3 alternate vacancies
• Planning Commission - 2 vacancies
• Surveilllance Advisory Board - 1 District 1 vacancy and 1 District 2 vacancy
• Sister City Commission - 1 vacancy
• Solano Commission for Women & Girls - 1 Vallejo representative vacancy
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
B. RECEIVE INFORMATION REGARDING PROPOSED PROCESS OF AN

AUDIT FOR THE BROADWAY PROJECT AND PROVIDE DIRECTION TO STAFF
Recommendation: Receive information regarding the process for an audit of the Broadway Project and provide direction to staff.

Contact: Rekha Nayar, Finance Director (707) 648-5433
[email protected]
C. CONDUCT A FIRST READING AND INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING SECTION 3.20.050

OF THE VALLEJO MUNICIPAL CODE RELATED TO AUTHORIZATION

LIMITS AND EXECUTION OF CONTRACTS
Recommendation: Introduce an Ordinance of the City Council of the City of Vallejo Amending Section 3.20.050 of the Vallejo Municipal Code Related to Authorization Limits and Execution of Contracts
Contact: Gillian Haen, Assistant City Manager (707) 648-4576 [email protected]
D. ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR

THE HAWK INTERSECTION IMPROVEMENTS AT FIVE LOCATIONS
PROJECT (PW9736) AFTER FINDING THE PROJECT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301-EXISTING FACILITIES, AWARDING A CONSTRUCTION CONTRACT TO KEREX ENGINEERING, INC. IN THE AMOUNT OF $1,525,104, REJECTING ALL OTHER BIDS, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a Resolution approving plans and specifications for the HAWK Intersection Improvements at Five Locations Project (PW9736) after finding the Project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301-Existing Facilities, awarding a construction contract to Kerex Engineering, Inc. in the amount of $1,525,104, rejecting all other bids, and authorizing the City Manager to execute same.

Contact: Melissa Tigbao, PE, Public Works Director (707) 648-4433 [email protected]
E. ADOPT RESOLUTIONS: (1) APPROVING A SUCCESSOR MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY OF VALLEJO AND THE

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
1245 (IBEW); AND (2) PROVIDING NOTICE OF INTENT TO AMEND THE FY 2024-2025 BUDGET AND APPROVE A SALARY PLAN
AMENDMENT (STEP 1)
Recommendation: Adopt resolutions: 1) Approving a Successor Memorandum of Understanding between the City of Vallejo and the International Brotherhood of Electrical Workers, Local 1245 (IBEW), and (2) providing notice of intent to amend the City's Fiscal Year 2024-2025 Adopted Budget and amend the Salary Plan.

Contact: Stephanie Sifuentes, Human Resources Director (707) 649-4852 [email protected]

10. INFORMATION CALENDAR
A. RECEIVE AN UPDATE ON THE DECLARATION OF A STATE AND LOCAL

EMERGENCY RELATED TO PUBLIC SAFETY STAFFING
Recommendation: Receive an update on the public safety staffing emergency proclamation. This item is for informational purposes only. There is no staff report or action associated with this item.

Contact: Jason Ta, Interim Police Chief (707) 648-4540
[email protected]

11. CITY MANAGER’S REPORT

12. CITY ATTORNEY’S REPORT

13. COMMUNITY FORUM
Any interested members of the public desiring to communicate with the City Council as part of the last Community Forum 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), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first.

14. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL

15. ADJOURNMENT

___________________________________________________________________________________________

ADDITIONAL CITY INFORMATION
Members of the public can:

Like us on Facebook and Instagram (@cityofvallejo)
Sign up to receive City Communications via e-mail (www.cityofvallejo.net/subscribe) Sign up for emergency alerts at: alertsolano.com
Dated: Friday, July 5, 2024

Robert H. McConnell, Mayor

I, Dawn Abrahamson, City Clerk do hereby 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., Friday, July 5, 2024.

Dated: Friday, July 5, 2024

Dawn G. Abrahamson, City Clerk

Special City Council Meeting Minutes
June 18, 2024
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
JUNE 18, 2024

LOWER LEVEL OF JFK LIBRARY
505 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 5:30 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Loera-Diaz, Councilmembers Arriola, Bregenzer, Palmares, and Verder-Aliga

Absent: Councilmember Matulac
Staff present: City Clerk Abrahamson

3. ACTION CALENDAR
A. CONDUCT APPLICANT INTERVIEWS FOR VARIOUS CITY OF VALLEJO

BOARD, COMMISSIONS & COMMITTEES
Recommendation: The purpose of this special meeting is to conduct applicant interviews only for appointments to fill vacancies on the following:
•Beautification Commission - 1 vacancy
•Civil Service Commission - 2 vacancies
•Design Review Board - 2 vacancies
•Housing & Community Development Commission - 1 vacancy •McCune Collection Commission - 3 vacancies
•PBSC - 6 member and 3 alternate member vacancies
•Planning Commission - 2 vacancies
•Surveillance Advisory Board - 1 District 1 Member vacancy and 1 District 2 Member vacancy
•Sister City Commission - 1 vacancy
•Solano Commission for Women & Girls - 1 Vallejo representative vacancy
It is anticipated that appointments will be made at the City Council's regular meeting on July 9, 2024
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Council conducted interviews for the following applicants:

Planning Commission – Dominique Stevens, Wanda Madeiros and Phillip Balbuena
Civil Service Commission – Patricia Wright and Sheila Tennyson Special City Council Meeting Minutes
June 18, 2024
Page | 2
Housing & Community Development Commission – DeAndre Richard Beautification Commission – LayVette Howard
McCune Collection Commission – Amy Nunn
Surveillance Advisory Board – Steven Pasholk and Ronald Stewart (District 1) and Anthoney Stewart (District 2)
Sister City Commission – Emanuel Andreas
Solano Commission for Women & Girls – Audrey Galo
Participatory Budgeting Steering Committee – William Richerson, Ebony Smith, Lynda Daniels (Primary) and Corrine Quinn (Secondary).

4. ADJOURNMENT
The meeting adjourned at 8:40 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Special City Council Meeting Minutes
June 25, 2024
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
JUNE 25, 2024

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 5:00 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Loera-Diaz, Councilmembers Arriola, Bregenzer, Matulac, Palmares (arrived at 5:10 p.m.), and Verder-Aliga

Absent: None
Staff present: City Manager Murray, City Attorney Nebb, City Clerk Abrahamson, Assistant City Manager Haen, Economic Development Director Nimon, and Human Resources Director Sifuentes
The City Council convened into Closed Session in the Council Conference Room at 5:05 p.m.

3. CLOSED SESSION
A. Liability Claims: David McLaughlin v. City of Vallejo, Pursuant to Government Code Section 54956.95
B. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: Portion of City Owned Open Space
APN's: 00182-020-130
Agency Negotiators: Gillian Haen, Assistant City Manager; Veronica Nebb, City Attorney
Negotiating Parties: Buzz Butler, Solano Ranch LLC
Under Negotiations: Price and Terms of Payment
C. Conference with Real Property Negotiations Pursuant to Government Code Section 54956.8
Property: Broadway Parking Lot
APN's: 0056-062-200-210
Agency Negotiators: Gillian Haen, Assistant City Manager; Veronica Nebb, City Attorney
Negotiating Parties: Richard Fischer, 4th Second
Under Negotiations: Price and Terms of Payment
D. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d(2): 2 Cases
E. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Stephanie Sifuentes, Human Resources Director
Employee Organizations: Confidential, Administrative, Managerial & Professional (CAMP) and International Brotherhood of Electrical Workers (IBEW), Local 1245

4. ADJOURNMENT
The meeting adjourned at 6:54 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Regular City Council Meeting Minutes
June 25, 2024
Page | 1

VALLEJO CITY COUNCIL

REGULAR MEETING MINUTES
JUNE 11, 2024

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 7:24 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Loera-Diaz, Councilmembers Arriola, Bregenzer, Matulac, Palmares, and Verder-Aliga

Absent: None
Staff present: City Manager Murray, City Attorney Nebb and City Clerk Abrahamson

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb reported the following:
•Council provided direction to its legal counsel regarding Closed Session Items 3A and 3D.
•Council provided direction to its property negotiators regarding Closed Session Items 3B and 3C.
•Council provided direction to its negotiators regarding Closed Session Item 3E.

5. PRESENTATIONS AND COMMENDATIONS – None.

6. FIRST COMMUNITY FORUM
Speakers: Bob Dean, Al Fortir, Kim Camatti, Eileen Purcell, Glenn Loveall, Joseph Johnson, Lillie Hurd, Amit Pal.

The meeting recessed at 7:57 p.m. and reconvened at 8:00 p.m.

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: William Baker (Item 8M) and Chris Gordon

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: moved by Vice Mayor Loera-Diaz and carried unanimously, unless otherwise noted, approval of the Agenda and the Consent Calendar.

A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special meetings of May 7, May 30, June 4 and the special and regular meetings of June 11
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Action: approved minutes.

B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

ADOPTION OF ORDINANCES BY TITLE ONLY
Recommendation: Waive reading and authorize introductions and/or adoption of any and all ordinances on this agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.

Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Action: waived full reading and authorized introductions and/or adoption of any and all ordinances on this agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.

C. ADOPT AN ORDINANCE OF THE CITY OF VALLEJO RATIFYING ALL SPECIAL FUNDS CREATED BY CITY OF VALLEJO THROUGH JUNE 30, 2024
Recommendation: Adopt an ordinance of the City of Vallejo ratifying all special funds created by City of Vallejo through June 30, 2024
Contact: Rekha Nayar, Finance Director (707) 648-5433
[email protected]
Action: adopted Ordinance No. 1872 N.C. (2d)
D. PAYMENT OF CLAIMS: APRIL 2024
Recommendation: Ratify the payment of claims for the period of April 1, 2024, through April 30, 2024.

Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Action: ratified payment of claims for period of April 1-30, 2024.

E. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2023-2024 SOLID

WASTE FUND BUDGET BY INCREASING IT IN THE AMOUNT OF
$370,641, ACCEPTING THREE GRANTS FROM CALRECYCLE IN THE AMOUNTS OF $323,093, $30,738, AND $16,810, AND APPROVING AND

AUTHORIZING THE GRANT GUIDELINES RELATED TO SAME
Recommendation: Adopt a Resolution amending the FY 2023-24 Solid Waste Fund budget in the amount of $370,641, accepting three grants from CalRecycle in the amounts of $323,093, $30,738, and $16,810, and approving and authorizing the Grant Guidelines related to same.

Contact: Melissa Tigbao, P.E., Public Works Director (707) 648-4301 [email protected]
Action: adopted Resolution No. 24-100 N.C.

F. ADOPT A RESOLUTION AMENDING THE FY 23-24 BUDGET AND
ACCEPTING THE INFLATION REDUCTION ACT: URBAN AND COMMUNITY FORESTRY GRANT AWARD IN AN AMOUNT UP TO $1,734,070 (STEP 2 OF 2)
Recommendation: Adopt a Resolution amending the FY 23-24 Budget and accepting the Inflation Reduction Act: Urban and Community Forestry Grant Award in an amount up to $1,734,070.

Contact: Gillian Haen, Assistant City Manager (707) 648-4576 [email protected]
Action: adopted Resolution No. 24-101 N.C.

G. ACCEPT THE GLEN COVE PARKWAY RE-LANDSCAPING PHASE 1
PROJECT (PROJECT NO. PWL002), PERFORMED BY COAST LANDSCAPE

MANAGEMENT OF AMERICAN CANYON (NOW KNOWN AS BRIGHTVIEW
LANDSCAPE SERVICES, INC.) AS COMPLETE, AND AUTHORIZE THE

CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER’S OFFICE
Recommendation: Accept the Glen Cove Parkway Re-Landscaping Phase 1 Project (Project No. PWL002)(Project), performed by Coast Landscape Management of American Canyon (now known as Brightview Landscape Services, Inc., of Pasadena, California), as complete, and authorize the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.

Contact: Melissa Tigbao, P.E., Public Works Director, (707) 648-4433 [email protected]
Action: accepted the Glen Cove Parkway Re-Landscaping Phase 1 Project (Project No. PWL002)(Project), performed by Coast Landscape Management of American Canyon (now known as Brightview Landscape Services, Inc., of Pasadena, California), as complete, and authorized the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office H. ADOPT A RESOLUTION APPROVING AN ENVIRONMENTAL CONSULTANT AGREEMENT WITH LSA ASSOCIATES, INC. TO PROVIDE

ENVIRONMENTAL CONSULTING SERVICES FOR THE COMMERCIAL
DEVELOPMENT PROJECT LOCATED AT 913-915 WILSON AVENUE
(APNs: 0051-100-150; -160) AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME
Recommendation: Adopt a Resolution approving an Environmental Consultant Agreement with LSA Associates, Inc. to provide environmental consulting services for the commercial development project located at 913-915 Wilson Avenue (APNs: 0051-100-150; -160) and authorizing the City Manager to execute same.

Contact: Gillian Haen, Assistant City Manager/Interim Planning & Development Services Director
[email protected]
Action: adopted Resolution No. 24-102 N.C.

I. ADOPT RESOLUTION APPROVING THE SEVENTH AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF VALLEJO, COUNTY OF SOLANO AND HUMANE SOCIETY

OF THE NORTH BAY FOR ANIMAL CONTROL SERVICES AND LOCAL

SHELTERING
Recommendation: Adopt Resolution Approving the Seventh Amendment to the Consultant and Professional Services Agreement with Solano County and the Humane Society of the North Bay for Animal Control Services and Local Sheltering, in an amount not to exceed $1,168,816 for the fiscal year ending June 30, 2025 and Authorizing the City Manager to Execute Same.

Contact: Andrew Murray, City Manager (707) 648-4576
[email protected]
Action: adopted Resolution No. 24-103 N.C.

J. ADOPTION OF A RESOLUTION APPROVING THE HUD-REQUIRED
ANNUAL ACTION PLAN (AAP) FOR FISCAL YEAR (FY) 2024-25, AND

FUNDING ALLOCATIONS FOR COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIPS
(HOME) PROGRAM PROJECTS AND ACTIVITIES
Recommendation: Adopt a Resolution approving the City of Vallejo's Annual Action Plan (AAP) for Fiscal Year (FY) 2024-25 and funding allocations for submission to the U. S. Department of Housing and Urban Development (HUD), as recommended by the Housing and Community Development (HCD) Commission and staff.

Contact: Alicia M. Jones, Housing Director, (707) 648-4408 [email protected]
Action: adopted Resolution No. 24-104 N.C.

K. ADOPT A RESOLUTION OF THE CITY COUNCIL OF VALLEJO APPROVING

A MASTER CUSTOMER AGREEMENT AND FIRST AMENDMENT THERETO

WITH ZAYO GROUP LLC FOR THE PROVISION OF BROADBAND

BANDWIDTH SERVICES FOR VALLEJO MUNICIPAL FIBER NETWORK

FOR RESALE TO ITS CUSTOMERS IN AN AMOUNT NOT TO EXCEED
$205,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME Recommendation: Adopt a resolution approving a Master Customer Agreement and First Amendment thereto with Zayo Group LLC for the provision of broadband bandwidth services to the City of Vallejo for the purpose of resale to its retail municipal fiber customers in an amount not-to-exceed $205,000, and authorizing the City Manager to execute same.

Contact: Naveed Ashraf, Chief Innovation Officer & IT Director (707) 648-5200 [email protected]
Action: adopted Resolution No. 24-105 N.C.

L. AUTHORIZE THE COUNCIL BY MOTION TO APPROVE A PROCLAMATION

RECOGNIZING THE RETIREMENT OF VALLEJO CITY UNIFIED SCHOOL DISTRICT’S SUPERINTENDENT, WILLIAM SPALDING
Recommendation: Authorize the Vallejo City Council to approve a proclamation recognizing the retirement of Vallejo City Unified School District’s (VCUSD) Superintendent, William Spalding.

Contact: Erik Rzomp, Executive Assistant to Mayor McConnell (707) 648-4377 [email protected]
Action: authorized Vallejo City Council to approve a proclamation recognizing the retirement of Vallejo City Unified School District’s (VCUSD) Superintendent, William Spalding.

M. ADOPT A RESOLUTION APPROVING: 1) AN AMERICAN RESCUE PLAN

ACT GRANT AGREEMENT WITH FIRM FOUNDATION COMMUNITY
HOUSING IN THE AMOUNT OF $3,270,335 AS PREVIOUSLY ALLOCATED BY CITY COUNCIL; AND 2) AN AFFORDABLE HOUSING AGREEMENT

AND COVENANT FOR THE BROADWAY PROJECT, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a Resolution Approving (1) an American Rescue Plan Act Grant Agreement with Firm Foundation Community Housing in the amount of $3,270,335 as previously allocated by City Council; and (2) an Affordable Housing Agreement and Covenant for the Broadway Project, and authorizing the City Manager to execute same.

Contact: Gillian Haen, Assistant City Manager (707) 648-4163 [email protected]
Action: adopted Resolution No. 24-106 N.C.

9. ACTION CALENDAR
A. INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 5.10 OF THE

VALLEJO MUNICIPAL CODE RELATING TO TOBACCO RETAIL
LICENSING AND AMENDING CHAPTERS 7.68, 16.301, 16.340, AND 16.701

RELATING TO TOBACCO RETAILERS AND USE PERMIT REQUIREMENTS AND REPEALING CHAPTER 7.69 REGARDING OTHER REGULATIONS

RELATED TO TOBACCO RELATED PRODUCTS
Recommendation: Introduce Ordinance adding Chapter 5.10 of the Vallejo Municipal Code relating to Tobacco Retail Licensing and amending Chapters

7.68, 16.301, 16.340, AND 16.701 Relating to Tobacco Retailers and Use Permit Requirements and repealing Chapter 7.69 regarding other regulations related to Tobacco Related Products.

Contact: Veronica A.F. Nebb, City Attorney (707) 648-4545 [email protected]
City Attorney Nebb provided background information, outlined actions to date and the public engagement efforts, reviewed the major provisions of the draft ordinance and other provisions, discussed enforcement of the proposed ordinance, shared concerns expressed by retailers and concerns expressed to proponents of the TRL, reviewed other ordinance amendments and concluded the presentation by outlining next steps.

Mayor McConnell opened the public hearing.

Speakers: Ben Sandhu, Robin Cox, Jimmy Ancira, Adjou McDonald, Jaime Cader, Calyn Kelley, Joseph Hayden, Brian Davis, Satinder Hayer, Aymen Ayyad, Tracy Nachand, Traci O., Erika B., Paul Matharu, Tehra Martin, Mitcher Williams, Balraj Dhami, Harkirat Singh, Kulwinder Bains, Sukdeep Singh, Harjinder Dhami, Amaya Wooding, Bon Gordon, Joseph Johnson, David Hayer, Eric Lee, Bill, Camille Cummings, Tino Ratliff, David Tooley, Debi Badger, Blythe Young, N. Faria, Liz Williams, and Milo Trejo.

There being no further speakers, the public hearing was closed.

The meeting recessed at 10:25 p.m. and reconvened at 10:42 p.m.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Action: moved by Mayor McConnell and carried unanimously to continue the item 90 days to the September 24 regular City Council meeting, and directed staff to report back to council as to their recommendations on modification of the proposed ordinance, the addition of a question to the business license application as to whether the applicant intends to engage in the sale of tobacco products, and further, in September, consider a freeze on the granting of further licenses on the sale of tobacco products for new businesses only.

B. CONDUCT A PUBLIC HEARING AND ADOPT A RESOLUTION

CONFIRMING AND LEVYING ASSESSMENTS AGAINST RESIDENTIAL

AND COMMERCIAL PROPERTIES FOR UNPAID GARBAGE BILLS
Recommendation: Conduct a public hearing and adopt a resolution confirming and levying assessments against residential and commercial properties for unpaid garbage bills.

Contact: Melissa Tigbao, PE, Public Works Director (707) 648-4433 [email protected]
Environmental Services Manager Crutchfield provided an overview of the staff report and outlined the recommendation.

Mayor McConnell opened the public hearing.

Speakers: Anton Starostin.

There being no further speakers, the public hearing was closed.

Councilmembers provided comment.

Action: moved by Vice Mayor Loera-Diaz and carried unanimously to adopt Resolution No.24-107 N.C. with the removal of Mr. Starostin’s property from the unpaid garbage bills list.

C. ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH EZ
TREE, INC. FOR ON CALL TREE PRUNING AND REMOVAL SERVICES TO

INCREASE THE MAXIMUM NOT-TO-EXCEED AMOUNT OF THE
CONTRACT TO $2,137,500 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME
Recommendation: Adopt a resolution approving a First Amendment to the Consultant and Professional Services Agreement for on call tree pruning and removal services with EZ Tree Inc. to increase the maximum not-to0exceed amount of the contract to $2,137,500 and authorizing the City Manager to execute same.

Contact: Melissa Tigbao, P.E., Public Work Director, 707-648-4433 [email protected]
Assistant Public Works Director/City Engineer Sequeira provided an overview of the staff report and outlined the recommendation.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Action: moved by Vice Mayor Loera-Diaz and carried to adopt Resolution No. 24-108 N.C. (Noes: Bregenzer).

D. ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH FLOCK SAFETY FOR CAMERAS IN THE AMOUNT OF $1,492,500 FOR A TERM OF 60-MONTHS AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAME
Recommendation: Adopt a resolution authorizing the City Manager to execute an agreement with Flock Safety for the renewal of automated license plate readers (Flock Falcons) and security cameras (Flock Condors) in an amount not to exceed $1,492,500 over a term of 60 months.

Contact: Jason Ta, Interim Chief of Police (707) 648-4540 [email protected]
Interim Police Chief Ta provided an overview of the staff report outlined the Surveillance Advisory Board’s recommendations.

Staff responded to questions from Councilmembers.

Speakers: Andrea Sorce and Jamilia Hanif.

Another question and answer period followed. Councilmembers provided comment.

Action: moved by Vice Mayor Loera-Diaz and carried unanimously to adopt Resolution No. 24-109 N.C. including revisions to the contract as presented by City Attorney Nebb to add the following language to 5.3 – Disclosure of Footage to the agreement: Flock acknowledges and agrees that Flock has been provided a copy of the Customer’s Policy (Policy) relating to shared data, including disclosure of footage, and that Flock acknowledges and agrees to the provisions of the Policy relating to prohibited uses/disclosure and will not, pursuant to any section of this Master Agreement disclose footage which is related to a prohibited use pursuant to the Policy or a violation of California Law. In the event that Flock has a good faith belief that it is required by law to disclose data/footage that does not comply with the Policy or California law, Flock will promptly notify Customer of such belief. Customer may take any action it deems necessary or advisable to prevent such disclosure.

10. INFORMATION CALENDAR
A. RECEIVE AN UPDATE ON THE DECLARATION OF A STATE AND LOCAL

EMERGENCY RELATED TO PUBLIC SAFETY STAFFING
Recommendation: Receive an update on the public safety staffing emergency proclamation. This item is for informational purposes only. There is no staff report or action associated with this item.

Contact: Jason Ta, Interim Police Chief (707) 648-4540
[email protected]
Action: item was continued to the July 9 City Council meeting.

11. CITY MANAGER’S REPORT – None.

12. CITY ATTORNEY’S REPORT – None.

13. COMMUNITY FORUM – There were no speakers.

14. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL Councilmembers reported on various community events and meetings attended.

15. ADJOURNMENT
The meeting adjourned at 1:02 a.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.C.

DATE: July 9, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE EXISTING

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC. ADDING ADDITIONAL SERVICES, INCREASING THE NOT-TO-EXCEED AMOUNT OF THE AGREEMENT TO $141,980, EXTENDING THE TERM THROUGH JANUARY 31, 2025, AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution approving a First Amendment to the existing Consultant and Professional Services Agreement with Placeworks, Inc. to increase the maximum not-to-exceed amount of the agreement to $141,980 and authorizing the City Attorney to execute same.

REASONS FOR RECOMMENDATION
This amendment is necessary for the consultant to complete its work.

BACKGROUND AND DISCUSSION
The Planning Division uses contractual services on an as-needed basis to assist staff with plan review, permits, and other work related to planning permits during periods of high activity or for projects requiring specialized knowledge. Placeworks, Inc. began work on updating three elements of the City's General Plan (3- Element Update) through a regional contract with Solano Transportation Authority (STA). Due to additional demands placed on the City by the California Department of Housing and Community Development, the City requires additional assistance to complete the work. In May 2024, the City contracted directly with Placeworks, Inc. to continue the work on the Housing Element, which is time-sensitive. This First Amendment is to have Placeworks, Inc. complete the updates to the Environmental Justice and Safety Elements.

Due to a potential conflict of interest, the City Manager cannot sign this agreement. The City Attorney will have that responsibility.

FISCAL IMPACT
There will be no impact on the General Fund as a result of the recommended actions. Funding for these services, as described herein, is taken from the General Plan fund, which is specifically set aside for General Plan Updates.

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

ATTACHMENTS

1. Resolution Approving First Amendment_Placeworks__CAO Stamp

2. First Amendment Placeworks, Inc._CAO Stamp

Date: July 9, 2024
Subject: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE EXISTING

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH
PLACEWORKS, INC. ADDING ADDITIONAL SERVICES, INCREASING THE NOT- TO-EXCEED AMOUNT OF THE AGREEMENT TO $141,980, EXTENDING THE TERM THROUGH JANUARY 31, 2025, AND AUTHORIZING THE CITY ATTORNEY

TO EXECUTE SAME

3. Attachments 1 and 2 to First Amendment with Placeworks__EJ and Safety Elements_4.25.24_

4. Placeworks_C&P Agreement - Executed

5. Ex. A to Placeworks C&P Agreement

CONTACT
Gillian Haen, Assistant City Manager
Gillian [email protected]

RESOLUTION NO. 24- _____ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A FIRST

AMENDMENT TO THE EXISTING CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC. ADDING ADDITIONAL SERVICES, INCREASING THE NOT-TO-EXCEED AMOUNT OF THE AGREEMENT TO $141,980, EXTENDING THE TERM THROUGH JANUARY 31, 2025, AND AUTHORIZING THE CITY ATTORNEY TO

EXECUTE SAME
WHEREAS, the City of Vallejo Planning and Development Services Department Planning Division uses contractual services on an as-needed basis to assist staff with plan review, and other work related to planning permits during periods of high construction activity or for projects requiring specialized knowledge; and
WHEREAS, contractual services assist the Planning Division to prepare specialized documents; and
WHEREAS, the Division current staffing level is not sufficient to support the work required to complete the updates to the City’s General Plan, and it requires outside consultants to provide technical expertise necessary to finish this project in a timely manner; and WHEREAS, Placeworks. Inc. provides necessary specialized planning consulting services to perform the work; and
WHEREAS, this amendment provides an additional $68,488 for a new not to exceed amount of $141,980 through January 31, 2025; and
WHEREAS, the City’s General Plan fund, which is intended for General Plan Element updates will pay for this work; and
WHEREAS, this action is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Section 15378, as it is not a project that has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the amendment to the existing Consultant and Professional Services Agreement with Placeworks Inc. adding additional services, increasing the not-to-exceed amount of the Agreement to $141,980, and extending the time frame through January 31, 2025.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Attorney to execute same.

Adopted by the City Council of the City of Vallejo at a regular meeting held on July 9, 2024, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST: ______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Consultant Professional Services Agreement Between City of Vallejo and Placeworks, Inc. Page 1 of 3

FIRST AMENDMENT TO

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
PLACEWORKS, INC.

This First Amendment to the Agreement made and entered into on May 16, 2024, hereinafter referred to as “Agreement,” between Placeworks, Inc., a California corporation, therein referred to as “Consultant, and the City of Vallejo, a municipal corporation, therein referred to as “City,” is made and entered into on this 10th day of July 2024.

Consultant and City do mutually agree as follows:

1. Additional Services. Exhibit A of the Agreement, “Scope of Work,” is hereby amended to include the additional services as listed in Attachment 1 to this First Amendment (“Additional Services”), attached hereto and incorporated herein by this reference.

2. Additional Compensation to Consultant. Consultant’s compensation as set forth in Section 1.A of Exhibit B of the Agreement is hereby increased by $68,488 for a new total not to exceed amount of One Hundred Forty Thousand Nine Hundred and Eighty Dollars and Zero Cents ($141,980.00). Attachment 1 of Exhibit B of the Agreement is hereby amended to include the billable hourly rates for the Additional Services as listed in Attachment 2 to this First Amendment, attached hereto and incorporated herein by this reference.

3. Revised Term. Section 16 of the Agreement is amended to read in its entirety as follows:
“The term of this Agreement shall commence on April 29, 2024 and shall continue in full force and effect until January 31, 2025.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three years.

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

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

First Amendment to Consultant Professional Services Agreement Between City of Vallejo and Placeworks, Inc. Page 2 of 3

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

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

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

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

8. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
(SIGNATURES ON THE FOLLOWING PAGE)
First Amendment to Consultant Professional Services Agreement Between City of Vallejo and Placeworks, Inc. Page 3 of 3 IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.

PLACEWORKS, INC.,
a California corporation
BY:

Kara L. Kosel
Vice President, Finance
DATE:
11710808
Vallejo Business License No
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

Veronica A. F. Nebb
City Attorney
DATE:

ATTEST:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO FORM:

Laura Zagaroli
Assistant City Attorney
APPROVED AS TO INSURANCE:

Armond Sarkis
Risk Manager

MEMORANDUM
DATE April 2, 2024
TO City of Vallejo
CONTACT Christina Ratcliffe, Planning and Development Services Director FROM Jennifer Gastelum, Joanna Jansen, and Tammy L. Seale SUBJECT City of Vallejo Amendment the Housing Element Contract - Environmental Justice and Safety Element Updates
PlaceWorks is proposing an amendment to the current scope of work to add the following tasks, including additional environmental and safety element a nalysis, additional outreach meetings, additional staff participation in meetings with the Planning Commission and City Council, and additional project administration costs.

Work Scope
TASK F.5 PREPARE ENVIRONMENTAL JUSTICE EXISTING CONDITIONS ANALYSIS Community members and Councilmembers have expressed concerns that the State -level data sources most commonly used to identify DACs do not fully or accurately describe existing conditions in Vallejo. PlaceWorks will consult additional data sources, including data from the US EPA and UC Berkeley’s Othering and Belonging Institute, to add information to the existing conditions memorandum and to present refined maps of potential DACs to City staff for consideration. We will provide a s upplemental revised enviro nmental justice assessment adding new indicators and presenting revised DAC boundaries, if appropriate (draft and final, electronic).

Initial Budget: $9,160
Requested Budget: $12,342
TASK F.6 ENVIRONMENTAL JUSTICE COMMUNITY ENGAGEMENT
The approved scope includes a total of 6 workshops in or with residents of disadvantaged communities. These are being conducted as pop-up events to meet residents where they are. City staff and Council directed that we should do these 6 events in the early stage of the process to gather input before drafting policies ; these events are now substantially complete. We recommend adding a second round of 6 events for later in the process when Draft Elements are available, to raise awareness of the draft content and seek feedback.

Initial Budget: $35,690 (for all of Task F.6, which also includes stakeholder meetings) Requested Budget: $26,663
TASK F.8 PREPARE FINAL SAFETY ELEMENT AND ENVIRONMENTAL JUSTICE ELEMENT The approved scope for the safety element update assumed a streamlined process with minimal revisions since the safety element content was updated in the past five years. However, the extended timeframe for the project has required us to consider additiona l sets of data, new recommendations and regulations, and updated best practices that were not evaluated at the time the approved scope was prepared. This has resulted in more revisions to the existing document than were expected when the scope was prepared. Similarly, the datasets used for most maps required for the safety element have been updated requiring revision of more maps than initially assumed in the scope of work.

ATTACHMENT 1
April 4, 2024 | Page 2
There is also the possibility that the additional community and stakeholder engagement could result in request for expanded content and additional coordination with staff to confirm issues and options for new or revised goals, policies, and actions in both the Safety Element and EJ sections.

Initial Budget: $14,586 for Task F.8. Task F.8 is shared by the Safety Element and EJ Element.

Requested Budget: $19,977 for Task F.8
TASK I.4 HOUSING & COMMUNITY DEVELOPMENT COMMISSION, PLANNING

COMMISSION AND CITY COUNCIL HEARINGS
The approved scope includes, for updates to the Safety Element, participation in a Planning Commission or City Council study session at the start of the project and a public hearing at the Planning Commission and City Council for Safety Element adoption. The Safety Element team participated in the joint study session at project initiation. We recommend adding up to two additional meetings to allow members of the Safety Element team to participate in interim study sessions and other meetings of the Planning Commission and City Council before adoption hearings .

This will allow Planning Commission and City Council members, as well as members of the public, to provide more input and direction on the Draft Safety Element during public meetings throughout the process.

The approved scope includes, for updates to the Housing Element, participation in one Planning Commission and one City Council study session at the start of the project and two additional Planning Commission and City Council study sessions (one each or two joint or any combination) in addition to one hearing with each body at the time of the draft Housing Element and one hearing with each body at the time of Housing Element adoption for a total of 7 meetings.

We recommend adding two additional meeting with the City’s Housing & Community Development Commission, one at the time of the draft Housing Element and one at the time of the revised draft Housing Element after HCD’s initial review.

Initial Budget: $18,095 ($5,800 for Safety Element team members) Requested Budget: $9,506
April 4, 2024 | Page 3
Cost Proposal
Notes:

Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts; the overall fee will not be exceeded.

Rates and staff are subject to change at any time, without notice, and within the total budget shown ATTACHMENT 2

April 4, 2024 | Page 4

April 4, 2024 | Page 5

If you have any questions, please contact Jennifer Gastelum at 916.804.3910 or via email at [email protected].

Sincerely,

Joanna Jansen, AICP Tammy Seale
Managing Principal Principal

Placeworks Consultant and Professional Services Agreement Page 1 of 10

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT

PLACEWORKS, INC.

This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 16th day of May 2024, by and between the C ity of Vallejo , a municipal corporation (" City"), and Placeworks, Inc., a California corporation, hereinafter referred to as “Consultant”, who agree as follows:

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

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

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

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

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

DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

Placeworks Consultant and Professional Services Agreement Page 2 of 10

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

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

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

8. Independent Contractor. Consultant is an independent contractor .

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

9. Licences, Permits, Etc. Consultant represents and warrants to C ity that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

Placeworks Consultant and Professional Services Agreement Page 3 of 10 Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature whic h are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this A greement any licenses, permits, and approvals wh ich are legally required for Consultant to practice its profession.

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

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

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

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

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

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

DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

Placeworks Consultant and Professional Services Agreement Page 4 of 10

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

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

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

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

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

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

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

16. Term. The term of this Agreement shall commence on April 29, 2024 and shall continue in full force and effect until June 30, 2025.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year , by written notice to Consultant . The total duration of this DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

Placeworks Consultant and Professional Services Agreement Page 5 of 10 Agreement, including the exercise of any options under this section, shall not exceed three years.

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

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

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

Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

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

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

Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (200 2) format as appropriate for the particular work product or, if directed by the City Representative DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

Placeworks Consultant and Professional Services Agreement Page 6 of 10 in Adobe Acrobat PDF format.

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

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

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

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

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

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

22. Non-Discrimination/Fair Employment Practices.

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

Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

Placeworks Consultant and Professional Services Agreement Page 7 of 10 origin, ancestry , disability, medical condition, age, ma rital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.

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

Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.

(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.

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

If to City: Dale Miller
Planning and Development Svcs. Dept.
555 Santa Clara Street
Vallejo, CA 94590
[email protected]

If to Consultant: Kara L Kosel
Vice President, Finance
PlaceWorks, Inc.
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
[email protected]

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

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

25. Severability Clause. Should any provision of this A greement ever be DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

Placeworks Consultant and Professional Services Agreement Page 8 of 10 deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

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

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

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

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

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

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

32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively refer red to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfil lment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City I nformation for the performance of services under this Agreement, without the prior written consent of City, or as required by law.

DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

Placeworks Consultant and Professional Services Agreement Page 9 of 10

Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.

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

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

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

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

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

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

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

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

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

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments

[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

Placeworks Consultant and Professional Services Agreement Page 10 of 10

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

PLACEWORKS, Inc.,
a California corporation

By:

Kara L Kosel
Vice President, Finance

DATE:

Vallejo Business License No.

(City Seal)

CITY OF VALLEJO,
a municipal corporation

By:

Veronica A. F. Nebb
City Attorney

DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk

APPROVED AS TO CONTENT:

Christina Ratcliffe AICP
P&DS Director

APPROVED AS TO FORM:

Laura Zagaroli
City Attorney

APPROVED AS TO INSURANCE:

Armond Sarkis
Risk Manager

DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2 5/29/2024
6/1/2024

Placeworks Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 1 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

(Attach copy of Proposal)

DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

Placeworks Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 2 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this A greement for a total not to exceed seventy-three thousand four hundred and ninety-two dollars ($73,492.00).

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

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

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

4. Payments to Consultant.

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

B. Request for payment shall be sent to:

Dale Miller
Planning and Development Services
555 Santa Clara Street
Vallejo, CA 94590
[email protected]

5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.

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

6. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

Placeworks Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 2 Exhibit B - Compensation
and shall provide City with proof of such payments upon request.

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

DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

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

EXHIBIT C

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

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

3. Deductible and Self-Insured Retention. Any deductibles or self -insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City of Vallejo , its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.

B. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo , its officers, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

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

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

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

F. The w orkers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

Placeworks Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit C – Insurance Requirements
waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which mi ght arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.

5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.

7. Subcontractors. Consultant shall include all sub contractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for sub contractors shall be subject to all of the requirements stated herein.

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

DocuSign Envelope ID: 26561AD3-D1EB-486D-97E2-CC0FF586B7B2

MEMORANDUM

DATE April 2, 2024
TO City of Vallejo
CONTACT Christina Ratcliffe, Planning and Development Services Director FROM Jennifer Gastelum

SUBJECT City of Vallejo Proposal for Augmented Services on the Housing Element Please except this proposal for augmented services on the Housing Element to include housing element land inventory analysis, additional outreach meetings, additional staff participation in meetings with the Planning Commission and City Council, and additional project administration costs.

Work Scope
TASK A.2 PROJECT MANAGEMENT
PlaceWorks’ project management task did not include bi-weekly check-in meetings with each of the teams (Housing, Safety, and Environmental Justice). We are requesting additional budget to cover the cost of having biweekly project meetings throughout the project duration that were not included in the original scope of work . We are also requesting additional project management time due to an extension to the original schedule . We are estimating the contract timelines will extend 10-12 months beyond the original schedule scope of work.

Initial Budget: $10,486
Requested Budget: $41,152
TASK C.1.1 HOUSING PARCEL IDENTIFICATION ANALYSIS
The City currently has a draft RHNA of 3,171 units which is a substantial increase from 1,362 units assigned in the fifth cycle 2015-2023 planning period. Based on the current contract PlaceWorks staff were to use the citywide vacant land survey completed for the City in September 2020 as a starting point to identify vacant and underutilized sites for the City’s new land inventory . After review of the September 2020 c itywide vacant land survey, it was determined that it only includes a summary of vacant land by type and not the actual site by site parcels as needed to meet HCD’s land inventory requirements . We are not currently able to use this information. City staff is reaching out to the previous consulting firm to see if that parcel level data is available. In the interest of time and trying to move the housing element forward we are creating a land inventory analysis based on the last housing element land inventory and will work with City staff to update this to create a 6th cycle land inventory for the city.

Initial Budget: $6,355
Requested Budget: $6,263

April 2, 2024 | Page 2
TASK C.1.6. LAND INVENTORY- FAIR HOUSING MAPS (NEW TASK) Since the approval of the Housing Element contract HCD has added an additional requirement (AB 686) to the City’s land inventory analysis. The City must include a land inventory analysis demonstrating whether sites identified to meet the regional housing needs allocation (RHNA) are distributed throughout the community in a manner that affirmatively furthers fair housing. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups, and how that effects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbat es conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to mitigate this ( e.g., anti- displacement strategies).

Initial Budget: $0
Requested Budget: $6,309
TASK I.5 ADDITIONAL COMMUNITY OUTREACH (HOUSING TEAM)
The Environmental Justice scope includes a total of 6 workshops in or with residents of disadvantaged communities.

These are being conducted as pop- up events to meet residents where they are. City staff and Council have directed that PlaceWorks should do these 6 events in the early stage of the process to gather input before drafting policies. It was also recommended that the housing element be included in these pop- up event to gain input on the housing element process. We have added additional budget for a representative of the housing team attend these 6 additional meetings.

Initial Budget: $0
Requested Budget: $8,752

TASK J HCD REVIEW PROCESS
This task’s scope anticipated two rounds of review ahead of post-adoption (certification) review by HCD of the City’s Draft Housing Element. The amount of public comment on the public draft Housing Element will increase the effort for the next draft of the Housing Element (and likely for subsequent drafts if the volume of comments continues throughout the update process). In addition, the comments received on draft most Housing Elements have continued to increase in scope and the resulting level of analysis needed to address the comments. Examples include realistic capacity analysis on sites in zones that allow non-residential uses, cumulative impacts of land use controls and analysis of emergency shelter zoning and sites suitable to accommodate emergency sh elters. We request additional budget to address summarizing and responding to public comments as required under state law and to address the increased scope of HCD comments.

Initial Budget: $9,772
Requested Budget: $11,016

April 2, 2024 | Page 3
Cost Proposal

Notes:

Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts; the overall fee will not be exceeded.

Rates and staff are subject to change at any time, without notice, and within the total budget shown

April 2, 2024 | Page 4

April 2, 2024 | Page 5

If you have any questions, please contact Jennifer Gastelum at 916.804.3910 or via email at [email protected].

Sincerely,

Jennifer Gastelum
Principal

CONSENT CALENDAR 8.D.

DATE: July 9, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
Veronica A.F. Nebb, City Attorney
SUBJECT: DIRECTION TO STAFF REGARDING PROVIDING CITY COMMENTS TO SOLANO

COUNTY REGARDING CALIFORNIA FOREVER

RECOMMENDATION
Direct staff to prepare comments relating to the impacts of the California Forever proposal and send same to the County of Solano.

REASONS FOR RECOMMENDATION
Given the short timeline for response, staff will need to prepare the response this week. Staff is therefore asking Council for direction to prepare and send comments to the County before the deadline.

BACKGROUND AND DISCUSSION
On July 1, 2024, the County of Solano sent a letter to the Solano County Cities requesting input on anticipated impacts of the California Forever Project. A copy of the letter is attached as Attachment A. While the City does not have complete and final information about the proposed California Forever project and will not likely have full information prior to seeing the final ballot language, County information and the County's impartial analysis of the proposed ballot measure, we do have some basic information upon which the City could comment. Staff is in the process of reviewing what we do know and, if desired by Council, will prepare a response to the County outlining the City's concerns and/or questions.

The letter from the County states that comments need to be received by the County no later than July 11, 2024, because the timeline for response is so short, there is no time for staff to bring the response draft back to the City Council for review. Staff is therefore suggesting that if the City Council wishes to provide a response, that it delegate to staff the preparation of same.

FISCAL IMPACT
There is no fiscal impact to the City associated with sending comments as such comments will be prepared by existing City Staff.

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

ATTACHMENTS

1. County Letter to Vallejo Re California Forever Impacts

CONTACT

Date: July 9, 2024
Subject: DIRECTION TO STAFF REGARDING PROVIDING CITY COMMENTS TO SOLANO

COUNTY REGARDING CALIFORNIA FOREVER

Gillian Haen, Assistant City Manager
[email protected]
Veronica A. F. Nebb, City Attorney
[email protected]

BILL EMLEN
County Administrator
[email protected]
IAN M. GOLDBERG
Assistant County Administrator
[email protected]

DEBBIE VAUGHN
Assistant County Administrator
[email protected]
COUNTY ADMINISTRATOR’S OFFICE
675 Texas Street, Suite 6500
Fairfield, CA 94533-6342
(707) 784-6100
Fax (707) 784-7975
www.solanocounty.com

J
uly 1, 2024
A
ndrew Murray
City Manager, City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
D
ear Andrew,
A
t its June 25, 2024 meeting, the Board of Supervisors opted to direct staff to prepare a report of the impacts of the proposed initiative “Rezoning of 17,500 acres of land in East Solano to allow the Development of a New Community” (also known as California Forever) as allowed in Election Code section 9111(a), to include any or all of the following:

1. I
ts fiscal impact.

2. Its effect on the internal consistency of the county’s general and specific plans, includi ng t
he housing element, the consistency between planning and zoning, and the limitations on county actions under Section 65008 of the Government Code and Chapters 4. 2 (
commencing with Section 65913) and 4.3 (commencing with section 65915) of Division 1 of Title 7 of the Government Code.

3. Its effect on the use of land, the impact on the availability and location of housing, and the ability of the county to meet its regional housing needs.

4. Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses.

5. Its impact on the community’s ability to attract and retain business and employment.

6. Its impact on the uses of vacant parcels of land.

7. Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization.

8. Any other matters the Board of Supervisors requests to be in the report.

This report must be presented to the Board of Supervisors within 30 days of the Board’s ordering its preparation, or by July 23, 2023, which is the last regularly scheduled Board meeting available to receive this report.

C
ounty staff are actively studying the first 7 Items above for inclusion in a 9111(a) Impact Report to be presented to the Board on July 23, 2023, but as part of Item 8, the Board requested information on any anticipated impacts to seven cities in the County. As subject matter experts for your city, the County would like to provide you with the opportunity to provide information on any impacts that the California Forever ballot initiative may pose to your city.

I
n order to meet the July 23, 2024 Board meeting deadline, staff are working to finalize a draft of this report by July 12, 2024 with anticipated final publication on July 18, 2024. The Board has acknowledged that this is an incredibly short time frame to produce a report and the expectations are for high-level analysis of critical information available. Staff are studying only the elements identified in the February 14, 2024 California Initiative with a focus on two milestones; 1) a community of 50,000 residents and 15,000 good paying jobs (targeting 2036) and 2) an ultimate buildout of 400,000 residents (target 40 years out). All other information that California Forever has published will be looked at and evaluated in relation to how it can assist with analysis of the initiative.

The
County requests any information for inclusion in the Impact Report be provided to the County by close of business July 11, 2024 and sent to James Bezek, Director of Resource Management at
[email protected]. The County is available to answer any questions and provide input on your analysis. Please reach out to James Bezek (707 784 -6062 or via email) or Allan Calder, Planning Program Manager, at (707) 784-3159 or [email protected].

S
olano County and the Board of Supervisors thank you in advance for your participation in this crucial report to assist the residents of Solano County as they prepare to vote on this ballot initiative in the November 2024 General Election.

S
incerely,
B
ill Emlen

ACTION ITEM 9.A.

DATE: July 9, 2024
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, MMC, City Clerk
SUBJECT: APPOINTMENTS TO VARIOUS CITY BOARD, COMMISSIONS AND COMMITTEES

RECOMMENDATION
Adopt a resolution making the following appointments:
• Beautification Commission - 2 vacancies
• Civil Service Commission - 2 vacancies
• McCune Collection Commission - 3 vacancies
• PBSC - 6 member and 3 alternate vacancies
• Planning Commission - 2 vacancies
• Surveilllance Advisory Board - 1 District 1 vacancy and 1 District 2 vacancy • Sister City Commission - 1 vacancy
• Solano Commission for Women & Girls - 1 Vallejo representative vacancy

REASONS FOR RECOMMENDATION
A number of vacancies on City Commissions exist. Interviews were conducted at a Special City Council meeting held on June 18. Most applicants attended and participated in the interviews. According to the City Council's procedure for selecting commissioners, appointments shall be made at the next regular meeting following the conclusion of the special meeting, which would have been June 25. Appointments were delayed to the July 9 regular Council meeting given the number of items that were before the City Council at its June 25 meeting.

BACKGROUND AND DISCUSSION
On April 30, a press release was issued to advise the public concerning a number of vacancies on City boards and commissions and for seats held by members whose terms expired on June 30, 2024. The notice was posted on the City's various social media platforms. The filing period for these vacancies was left open until a sufficient number were received by the City Clerk's Office. The City Clerk's Office received a sufficient number of applications by June 1 in order for the Council to proceed forward with applicant interviews.

The application filing period remains open for the following, since only a few applications have been received:
• Beautification Commission - 2 vacancies. 1 applicant interviewed on June 18 • Design Review Board - 2 vacancies. 3 applications have been received to date, but applicants were unavailable to interview on June 18
• Housing Authority - 1 tenant commissioner
• Housing & Community Development Commissioner - 1 vacancy • McCune Collection Commission - 3 vacancies. 1 applicant interviewed on June 18 • PBSC - 6 member and 3 alternate member vacancies. 3 applicants interviewed on June 18

Date: July 9, 2024
Subject: APPOINTMENTS TO VARIOUS CITY BOARD, COMMISSIONS AND COMMITTEES

• Surveillance Advisory Board, District 3 Member - 1 vacancy

Applicant interviews were conducted with the full Council on June 18, 2024. Most applicants attended and participated in the interviews. Applicants must attend and be interviewed in order to be considered for appointment. Those applicants who participated in the interviews are presented to the City Council for consideration.

Copies of applications for these commissions have been provided to the Mayor and City Council and copies are available for review in the Office of the City Clerk.

Beautification Commission
Chapter 2.39 of the Vallejo Municipal Code provides for a BC to consist of seven members who shall be residents of the City.

Presently there are two vacancies due to terms that expired June 30, 2024. One application was received and the applicant attended and participated in the interview with the City Council on June 18. This applicant is presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the vacancies,1 appointment shall be made for a term commencing from the date of appointment and expiring on June 30, 2028.

Civil Service Commission
Chapter 2.43 of the Vallejo Municipal Code provides for a CSC to consist of five members who shall be residents of the City.

Presently there are two vacancies due to terms that expired on June 30, 2024. Two applications were received and both applicants attended and participated in the interview with the City Council on June 18. These two applicants are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the vacancies, both appointments shall be made for terms commencing from the date of appointment and expiring on June 30, 2028.

McCune Collection Commission
Chapter 2.51 of the Vallejo Municipal Code provides for a MCC to consist of seven members who shall be residents of the City.

Presently there are three vacancies due to terms that expired June 30, 2028. Three applications were received and one applicant attended and participated in the interview with the City Council on June 18. One of the three applicants is an incumbent and wishes to be reappointed. This applicant was unavailable to attend and participate in the interviews with the City Council. Two applicants are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the vacancies, both appointments shall be made for terms commencing from the date of appointment and expiring on June 30, 2028.

Participatory Budgeting Steering Committee
The PBSC collaborates with staff to facilitate the PB process, which includes recommending process guidelines and project eligibility, conducting outreach with diverse communities, and evaluating the PB process. Members meet with staff once a month to ensure that PB is transparent, fair and inclusive. The committee has 11 seats, comprised of organizational and at-large members. Committee members serve for two, 12-month cycles of Vallejo's PB process.

Presently there are 6 regular and 3 alternate member vacancies. Six applications were received for Council consideration and three applicants attended and participated in the interviews with the City Council on June

18. Two applicants are at-large and the other is representing an organization that includes a primary and Date: July 9, 2024
Subject: APPOINTMENTS TO VARIOUS CITY BOARD, COMMISSIONS AND COMMITTEES

secondary. The three applicants are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the vacancies, there are 6 regular and 3 alternate vacancies for appointment. Appointments shall be made for terms to commence from date of appointment and expiring on June 30, 2025.

Planning Commission
Chapter 2.44 of the Vallejo Municipal Code currently provides for a PC to consist of seven members who shall be residents of the City.

Presently there are 2 vacancies due to terms that expired June 30. Five applications were received and three applicants participated in the interview with the City Council on June 18. The applicants are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the vacancies, both appointments shall be made for terms to commence from the date of appointment and expiring on June 30, 2028.

Surveillance Advisory Board
Chapter 2.27 of the Vallejo Municipal Code currently provides for a SAB to consist of seven members and membership shall consist of one resident of Vallejo appointed by each sitting member of the Vallejo City Council and one resident appointed by the Mayor.

Presently there are three vacancies for Council Districts 1, 2 and 3. Two applications were received for both Council Districts 1 and 2. No applications have been received to date for Council District 3. Both Council District 1 applicants and one Council District 2 applicant attended and participated in the interview with the City Council on June 18. The two Council District 1 applicants are presented to Councilmember Verder-Aliga for an appointment to be made for a term commencing from the date of appointment and expiring on January 2, 2025. The one Council District 2 applicant is presented to Councilmember Matulac for an appointment to be made for a term commencing from date of appointment and expiring on January 5, 2027.

Sister City Commission
Chapter 2.38 of the Vallejo Municipal Code provides for a SCC to consist of seven members who shall be residents of the City.

Presently there is one vacancy. One application was received and the applicant attended and participated in the interview with the City Council on June 18. The applicant is presented to the City Council for its consideration. If the City Council chooses to make an appointment to fill the vacancy, the appointment shall be made for a term commencing from the date of appointment and expiring on June 30, 2027.

Solano Commission for Women and Girls
Solano County Board of Supervisors Resolution adopted on April 24, 2018 provides for a Commission for Women and Girls to consist of 17 members, 15 adults and 2 youth members. Along with each Supervisorial district and the Solano County Superintendent of Schools, each city in Solano County has an appointee to the newly formed Commission. The Commission will appoint two Youth Commissioners (age 12-14) and two At- Large Commissioners.

Presently there is a vacancy for the Vallejo representative to the Commission. One application was received and the applicant attended and participated in the interview with the City Council on June 18. The applicant is presented to the City Council for its consideration. If the City Council chooses to make an appointment to fill the vacancy, the appointment shall be made for a term commencing from date of appointment and expiring from date of appointment which is July 9, 2028.

Staff will continue its efforts to solicit interested applicants for the remaining vacancies to the BC, DRB, MCC, PBSC, HCDC, Housing Authority Board of Commissioners - tenant commissioner, and SAB District 3 Member.

Date: July 9, 2024
Subject: APPOINTMENTS TO VARIOUS CITY BOARD, COMMISSIONS AND COMMITTEES

Pursuant to the City Council's procedure for selecting commissioners, only interviews were conducted at the special meeting on June 18. Appointments to these advisory bodies are before the City Council this evening for consideration.

FISCAL IMPACT
There is no fiscal impact associated with filling vacancies to standing commissions.

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

ATTACHMENTS

1. Resolution Making Appointments to Various Commissions CAO Stamp 2.13.24 (1) (2)

2. List of Applicants for Appointment 07.09.24 (1)

CONTACT
Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527
[email protected]

RESOLUTION NO. 24-___ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO MAKING

APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITEES WHEREAS, the Vallejo City Council has established various boards and commissions and such boards and commissions may be advisory, policy, appellate and/or rule making; and WHEREAS, members of these boards, committees, and commissions shall be appointed by the City Council and vacancies shall be filled for the unexpired portion of the term in the same manner as the original appointment pursuant to the Vallejo Municipal Code; and WHEREAS, section 2.26.030 of the Vallejo Municipal Code provides that the term of office of each member appointed by the City Council shall be for four years, except as otherwise provided by ordinance or resolution, and that terms of members shall be staggered so that the number of terms expiring annually shall be approximately equal; and WHEREAS, there currently exist vacancies on the boards and commissions, and WHEREAS, pursuant to section 2.02.350 of the Vallejo Municipal Code, the City Clerk has published notices of these vacancies, received applications of interest, and delivered to the City Council all applications submitted; and
WHEREAS, the City Council reviewed the applications submitted and has conducted interviews.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:

The following person is appointed to the Beautification Commission – 2 vacancies (terms to expire 12/31/28):

1. ____________________ - term to expire 6/30/28
The following persons are appointed to the Civil Service Commission – 2 vacancies (terms to expire 6/30/28):

1. _________________________ - term to expire 6/30/28

2. _________________________ - term to expire 6/30/28

The following persons are appointed to the McCune Collection Commission – 3 vacancies (terms to expire 6/30/28):

3. _________________________ - term to expire 6/30/28

4. _________________________ - term to expire 6/30/28
The following persons are appointed to the Participatory Budgeting Steering Committee – 6 Member and 3 Alternate vacancies (terms to expire 6/30/25):

1. _________________________ - term to expire 6/30/25

2. _________________________ - term to expire 6/30/25

3. _________________________ - term to expire 6/30/25
The following persons are appointed to the Planning Commission – 2 vacancies (terms to expire 6/30/28):

1. _________________________ - term to expire 6/30/28

2. _________________________ - term to expire 6/30/28
The following person is appointed to the Sister City Commission – 1 vacancy (term to expire 6/30/27):

1. _________________________ - term to expire 6/30/27
The following person is appointed to the Surveillance Advisory Board – District 1 Member (term to expire 1/2/25):

1. _________________________ - term to expire 1/2/25
The following person is appointed to the Surveillance Advisory Board – District 2 Member (term to expire 1/5/27):

1. _________________________ - term to expire 1/5/27
The following person is appointed as Vallejo’s representative to the Solano County Commission for Women & Girls – 1 vacancy (term to expire 4 years from date of appointment)

1. _________________________ - term to expire 2/13/28 Adopted by the City Council of the City of Vallejo at a regular meeting held on July 9, 2024 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
*Current Commissioner
List of Applicants Eligible for Appointment – July 9, 2024 Beautification Commission – 2 vacancies (terms to expire 6/30/28) *LayVette Howard
Civil Service Commission – 2 vacancies (terms to expire 6/30/28) Sheila Tennyson
*Patricia Wright
McCune Collection Commission - 3 (terms to expire 6/30/28) Amy Nunn
*Joel Benson
Participatory Budgeting Steering Committee –6 member & 3 alternate vacancies (terms to expire 6/30/25)
William Richerson
Ebony Smith
Lynda Daniels (Primary) Corrine Quinn (Secondary)
Planning Commission – 2 vacancies (terms to expire 6/30/28 *Wanda Madeiros
Phillip Balbuena
Dominique Stevens
Surveillance Advisory Board – 3; District 1 Member Only 1 (term to expire 1/2/25); District 2 Member Only (term to expire 1/5/27) and District 3 Member Only (term to expire 1/2/25) Steven Pasholk (District 1)
Ronald Stewart (District 1)
Anthoney Stewart (District 2)
Sister City Commission – 1 (term to expire 6/30/27)
Emanuel Andreas
Solano Commission for Women & Girls
Audrey Galo
ACTION ITEM 9.B.

DATE: July 9, 2024
TO: Mayor and Members of the City Council
FROM: Rekha Nayar, Finance Director
Gillian Haen, Assistant City Manager
SUBJECT: RECEIVE INFORMATION REGARDING PROPOSED PROCESS OF AN AUDIT FOR THE

BROADWAY PROJECT AND PROVIDE DIRECTION TO STAFF

RECOMMENDATION
Receive information regarding the process for an audit of the Broadway Project and provide direction to staff.

REASONS FOR RECOMMENDATION
City Council requested that an audit be conducted regarding the Broadway Project.

BACKGROUND AND DISCUSSION
On May 10, 2022, the City of Vallejo (City), Firm Foundation Community Housing (Firm) and Shelter Inc. (Shelter) were designated a California Department of Housing and Community Development Homekey Program (“Homekey”) Round 2 Grant of $11,621,866. Grant funds were to be used by Firm Foundation to develop and build a permanent supportive housing project to house chronically homeless individuals. On June 10, 2022, the Council accepted the grant and amended the City’s budget to receive the grant. On June 14, 2022, the Council approved a resolution to appropriate Homekey Round 2 grant funding for the Broadway Project.

The Broadway Project ("Project") is a permanent supportive modular housing project designed to house the chronically homeless. The estimated total cost of the project is $26.64M. Construction began on September 19, 2022, and is anticipated to be completed in September 2024. Residents are expected to move in by December 31, 2024. Firm Foundation currently owns the site and manages the Project and its construction in compliance with Homekey deliverables and timeline regulations. The project will include 47 permanent supportive housing units (studios), an on-site case manager unit, a community room and a courtyard. On-site wrap-around services will be provided to facilitate connections to services, benefits, and community resources.

The project is currently 70% built and needs requested funding to finish the project.

On May 14, 2024, staff brought forward a request for additional funding of $6.15M to complete construction of the project and on May 28, 2024, City Council allocated $6.15M to complete construction from City ARPA and Measure P funding.

At their May 28, 2024, meeting, the Council requested that an audit be conducted on the Broadway Project and requested staff bring information on the process.

As per the City's purchasing guidelines, staff sent out requests for quotes to 3 firms; Maze and Associates, The Pun Group and Municipal Resource Group. Maze and Associates and The Pun Group, auditing firms, responded to conduct an AUP, agreed-upon procedures conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants (AICPA). . The procedures will be to summarize and compare the Broadway Project expenditures from inception to May 31, 2024, to the project budget. Since the AUP does not constitute an examination or review, these audit firms will not express an

Date: July 9, 2024
Subject: RECEIVE INFORMATION REGARDING PROPOSED PROCESS OF AN AUDIT FOR THE

BROADWAY PROJECT AND PROVIDE DIRECTION TO STAFF

opinion or conclusion on the summary and comparison of the Broadway Project expenditures to the project budget. Instead, they will issue a written report upon completion of the engagement that lists the procedures performed and their findings. MRG (Municipal Resource Group), which is a management consulting firm, submitted a proposal to perform an evaluation of the causes of delay. Their scope encompasses data collection, interviews, analysis of causes of delays and budget overruns, and developing recommendations.

The City Manager is recommending Management Resource Partners based on the scope of services submitted, as it is not as rigid, and the council may amend the scope as the project progresses. The cost of the project, under the current scope, is $35,000. The City Manager will be the project lead from the City and the finance team will be the point of contact to coordinate documentation and information.

FISCAL IMPACT
The total cost of the engagement is estimated not to exceed $35,000. Funding for this project will be from FY 24-25 General Fund budget.

ENVIRONMENTAL REVIEW
The City filed a Notice of Exemption with the Clerk of the Board of Supervisors of the County of Solano and with the Office of Planning and Research for the Broadway Project on July 6, 2022.

ATTACHMENTS

1. Vallejo Affordable Housing Review_MRG Proposal Revised

2. Vallejo Broadway Project AUP Engage Letter Proposal rev 6-19

3. 2024 Vallejo, City of - Broadway Project AUP Proposal_FINAL

CONTACT
Rekha Nayar, Finance Director (707) 648-5433
[email protected]

8788 Elk Grove Blvd. Ste. L, Elk Grove, CA 95624 866-774-3222 www.Solutions-MRG.com June 26, 2024

Andrew Murray, City Manager
City of Vallejo
555 Santa Clara St., First Floor
Vallejo, CA 94590

Subject: Affordable Housing Review & Analysis Broadway Project Dear Mr. Murray,
Municipal Resource Group, LLC (“MRG”) is pleased to submit this proposal to the City of Vallejo (“City”) to provide a Review and Analysis of the Affordable Housing Broadway Project. MRG will support the City with project-based services as discussed.

MRG can support a variety of affordable housing requests. We have built our practice around helping clients rethink historic or bureaucratic practices and create new processes that align with their vision, and values, and are forward-thinking. We consider these engagements an opportunity to collaborate with staff, to help them grow and develop. We are “no surprises” consultants and work with leadership and other stakeholders to define a path for desired outcomes, recommending programs and processes that reflect the City’s mission, vision, and values.

Our team has provided similar services to agencies including Oakland Housing Authority, Housing Authority of the County of Contra Costa, Marin Housing Authority, as well as Plumas County. With more than 70 affiliated experts in every operational and organizational area, we can contribute to the success of your projects. MRG is a true full-service firm focused on your success.

Sincerely,

Mary Egan, CEO

MRG, LLC
916-261-7547
[email protected]

City of Vallejo
MRG, LLC 1

MRG INFORMATION
The MRG team is a centralized resource local government consulting, staff development, and organizational excellence needs. MRG team members have led successful transformational efforts in our client agencies and fully understand the real-world challenges they face in making meaningful and long-term changes.

Firm Name: Municipal Resource Group, LLC (“MRG”)
Physical Address: 8788 Elk Grove Blvd., Suite L, Elk Grove, CA 95624 Mailing Address PO Box 561, Wilton CA 95693
Website: www.Solutions-MRG.com
(866) 774-3222
Lead Consultant: Julie Mares
E-Mail: [email protected]
Telephone Number: (408) 600-4000

MRG’s Consulting Philosophy
As a consulting firm, MRG brings talented consultants to assignments to meet clients’ needs.

MRG differentiates its work based on the following principles.

Trusted Advisors
MRG prides itself on building long-term relationships with clients who turn to MRG for guidance and expertise. We
work as “trusted advisors,” working directly with the
leadership of organizations to help them manage their
complex organizations and to adjust to change that is
constantly knocking on the door.

Commitment to Public Service
We choose to focus our work on local, regional &
state agencies that are delivering public service
to communities. We understand that our client’s
work is important and impactful – and our goal is
to help organizations do that work with more
grace and better effectiveness and efficiency.

Partnership for Impact
As seasoned executive leaders ourselves, we have no interest in writing reports that sit on shelves or are not reality-based for action. MRG needs to work in a consultative partnership directly with management for organizational impact to occur. We see our role as true partners with the leadership team to work productively to help you find solutions for actionable impact in your organization.

Team of Management Practitioners + Executive Leadership Coach Today’s organizations require a robust understanding of people and teams, plus talented management, and leadership. The key to an organization’s success is the integration of control, Trusted Advisor
Commitment to Public Service
Partnership for Impact
Management Practitioners +
Leadership Coach
Strategic Organizational
Development

City of Vallejo
MRG, LLC 2
which creates value (efficiency, effectiveness, empowerment), and leadership which inspires change and a collective vision. By bringing a consultant team with management plus leadership coaching expertise, MRG can deliver tools, perspectives, and paradigms for the continued growth and support of an organization’s leadership team.

Strategic Organizational Development
Organizations are complex, multi-faceted organisms that take time and strategy to develop and shape. While employees are focused on delivering services, there is “care and feeding” of the organization, structure, and systems that need to be done to support the workforce, mold culture, and deliver services/mission. MRG brings deep organizational development and human resources experience to transform and help organizations continue to invest in their operations' strategic, and hands-on development.

MRG TEAM
Julie Mares (Project Director) – Julie is a seasoned career public sector manager with more than two decades of broad executive experience. Julie has extensive experience working within a general-purpose local government, with special emphasis on leadership development, city council relations, strategic planning, organizational development, and community engagement. Julie collaborates with organizations and their executive leadership to help them achieve their full potential. She works closely with appointed and elected officials to facilitate performance evaluations. With strong leadership development and organizational effectiveness skills, she partners with executives and their teams to make a meaningful impact in reaching their full potential.

Kevin Zwick (Consultant) – Kevin has over 25 years of progressively responsible leadership in affordable housing, community development, public policy, and nonprofit leadership. He specializes in providing tailored consulting services to affordable housing developers and nonprofit organizations. His areas of expertise include:
• Organizational Strategic Planning and Thinking
• Board of Directors Strategy and Transformation
• New Program and Project Development
• Public Policy Insights and Advocacy
• Capacity Building
• Interim Leadership
Mary Egan (CEO) – Mary is the MRG Chief Executive Officer, who collaborates with public and private organizations and their executive leadership to achieve their full potential. She has conducted hundreds of appointed official evaluations for public agencies. She is a certified professional executive coach and uses these skills to help clients increase their level of performance and identify potential limiting blind spots. She also advises clients regarding employment-related risk mitigation, strategic planning, and interest-based problem resolution.

City of Vallejo
MRG, LLC 3
Julie will utilize other MRG team members as needed as subject matter experts to promptly provide project deliverables to the City. Our consultants have over three hundred years of combined experience working as executives and consultants, providing essential services and support to local, regional, and state government agencies. MRG prides itself in providing consulting services based on our hands-on experience in managing local, regional, and state governments as well as our experience in delivering products that meet and exceed our client’s expectations.

SCOPE OF WORK
MRG proposes to provide the City with a review focused on assessing the Broadway Affordable Housing Project. MRG is pleased to provide the following scope of work based on a preliminary discussion with the Finance Director and the Assistant Finance Director. The scope can be further refined with additional discussions with the Finance Director and key staff.

The scope of work will include Key Tasks as outlined below. The MRG consultant will meet with the City project lead regularly throughout the project.

Project Kick-off and Planning
• Objective: Initial meetings to define project goals, gather preliminary information, and develop a detailed project plan.
• Tasks:
o Initial meetings with city officials and stakeholders o Review project documents and existing reports
Data Collection and Review
• Objective: Gather and review all relevant data, including council memorandum, city staff reports, contracts and loan/grant agreements, budgets, project timelines, and emails with developer/sponsor.
• Tasks:
o Review sponsor financial records and project budget documents o Review contracts and agreements with developers and sponsors o Review city correspondence, council memorandum, staff reports o Review project timelines and schedules and construction reports o Review funding applications to other lenders/grantors Stakeholder Interviews
• Objective: Conduct interviews with key stakeholders to gather insights and identify issues.
• Tasks:
o Schedule and conduct interviews with city officials
o Schedule and conduct interviews with Firm Foundation staff and development partners, contractors, architect

City of Vallejo
MRG, LLC 4
o Schedule and conduct interviews with other funders of the Broadway project - County, State/HCD, private funders, financing consultant Analysis of Causes for Delays and Budget Overruns
• Objective: Analyze the collected data to identify the root causes of delays and budget overruns.
• Tasks:
o Development analysis to identify project discrepancies o Timeline analysis to pinpoint project delays
o Contractual and procedural analysis to identify project oversight issues o Identify external factors contributing to delays and cost overruns Development of Recommendations Report and Presentation
• Objective: Develop a detailed report of findings.
• Tasks:
o Draft initial recommendations
o Review and refine recommendations with input from stakeholders o Finalize recommendations and prepare a report
o Prepare a presentation summarizing key findings
o Present the findings to city officials

Client Responsibilities
• Single Point of Contact: The client will designate a single point of contact to coordinate the collection of all relevant project documents and information. • Meeting Logistics: The client will also coordinate the logistics for all meetings.

COST SECTION
MRG proposes a fixed fee of $35,000 for the scope of work identified above including expenses.

MRG will invoice the City 50% of the contract amount once stakeholder interviews have been completed and submit a final invoice at project completion.

All costs and expenses will be charged at MRG’s cost. This estimate is valid for 60 days from the date of the proposal.

If additional services are requested, those hours will be billed at $250 per hour after being approved by the City and MRG.

REFERENCES
Our public-sector clients value our understanding of the challenges unique to government agencies. MRG consultants are experienced professionals with subject matter expertise to support client agencies and provide transformational analysis, forward-thinking recommendations, and focused implementation plans that are effective, practical, and

City of Vallejo
MRG, LLC 5
sustainable. As you will hear from our references, we deliver modern, thoughtful, and strategic recommendations that reflect our clients’ values and priorities.

Below, is the contact information for the three client references for whom we provided similar assistance:

Sheryl Klein, Chief Operating Officer
Alta Housing
3460 West Bayshore Road Suite# 104
Palo Alto, CA 94303
[email protected]

(650) 225-2671

Patricia Wells, Executive Director
Oakland Housing Authority
1619 Harrison Street
Oakland, CA 94612
[email protected]

(510) 874-1512

Joseph Villarreal, Executive Director
Housing Authority of the County of Contra Costa
3133 Estudillo Street
Martinez, CA 94553
[email protected]

Attachment A

Visit us at:
www.Solutions-MRG.com
Serving CA and surrounding states from the Sacramento, Los Angeles, and Bay Areas. (866) 774-3222

Julie Mares, Vice President of Operations
Affiliated Consultant

MUNICIPAL RESOURCE GROUP , LLC
Telephone: (408) 600-0000
[email protected]

Julie Mares is a seasoned, public -sector manager with more than two decades of broad executive experience in the areas of general management, organizational development, financial sustainability, parks & recreation, community services, affordable housing, performance measurement, and human resources. Julie has extensive experience working within local government, with special emphasis on strategic planning, city council relations, leadership development, and community engagement. Julie is a strategic thinker, capable of helping organizations adapt to fiscal and service challenges while focusing on interdepartmental coordination and community partnerships to enhance efficiency and effectiveness.

Before affiliating with MRG, Julie was the Chief Operating Officer for Management Partners where, in collaboration with the executive team, she directed all aspects of operational policies, objectives, and initiatives that enabled the consulting agency to be wel l- positioned to provide value-added services to all local government clients. She also served as the City Manager of Milpitas, where she led a staff of 400 to serve a diverse population. Key initiatives completed during her tenure included a successful ballot measure to increase the Transient Occupancy Tax, a collaborative update of community development fees supported by the development community, an interagency partnership to site the City's first 100% affordable housing project, and numerous administrative process improvements.

Additionally, Mares worked for nearly eleven years with the City of San José, the nation’s tenth largest city.

As the Deputy City Manager, she focused both on strategic partnerships with schools and businesses and on civic engagement and collaboration with community stakeholders to provide safe and healthy neighborhoods. One example included spearheading a partnership with the local high school district to deploy a free Wi-Fi network for underserved students. She also served as Director of Parks & Recreation.

In that role, she led the development of a new program creating a financially sustainable approach to operational delivery of parks and recreation that resulted in the adoption of a City Council policy, a new regional training program, and a twenty percent improvement in the departmental cost recovery rate.

Julie worked for the City of Tucson for nearly 12 years as Deputy Director of Budget and Research, Assistant to the City Manager, and Human Resources Administrator. As the Deputy Director leading the Research and Organizational Effectiveness Division, she collaborate d with internal clients, providing a variety of management consulting services to strengthen and enhance organizational performance and effectiveness. She also served as a manager with United Airlines for eleven years in several leadership roles for airport operations and customer service management.

Mares holds a BS in business management and a master’s in education. She is a graduate of the Southwest Leadership Program in Public Policy Management from the University of Arizona Eller College.

Julie’s Areas of Expertise:

Strategic Planning
Governance
Management Consulting
KevinZwickConsultingBio
● Email: [email protected]● LinkedIn: KevinZwick
Summaryof Qualifications
25+yearsof progressivelyresponsibleleadershipinaffordablehousing, communitydevelopment,publicpolicy, andnonprofit leadership. Successful fundraiser, communitydevelopment financeprofessional, affordablehousingdeveloper, expert inaffordablehousingpolicyandprogramdevelopment. Namedto“Power 100” leadersinSiliconValleyin2023, “Nonprofit CEOof theYear” in2017and“40under 40” in2011bySiliconValleyBusinessJournal. Named2010YoungLeader inAffordableHousingbyAffordableHousingFinancemagazine. Senior Fellow, AmericanLeadershipForum- SiliconValley.

EducationandProfessional Training
Universityof SanFrancisco- May2002Master’sDegreeinNonprofit Administration(MNA) Universityof California, Berkeley- May1998Bachelor of Arts, SociologyGraduatedsummacumlaude Certificateof Completion, NeighborWorksAchievingExcellenceProgramfor CommunityDevelopment andAffordableHousingExecutives, JohnF. KennedySchool of Government atHarvardUniversity, ExecutiveEducationAugust 2016- September 2017 WorkExperience
KevinZwickConsulting- April 2024topresentSanJose, CAFounder andPrimaryConsultantTailoredconsultingservicestoaffordablehousingdevelopersandnonprofit organizations. Areasof

expertiseincludestrategicplanning, programdevelopment, policyinsights, organizational capacitybuilding, andinterimleadership UnitedWayBayArea- July2020- March2024SanFrancisco, CAChief ExecutiveOfficerPrimaryresponsibilityfor advancingtheorganization’smissiontodismantlepovertyandbuildpathwaystoprosperity.

Keyaccomplishmentsinclude:
● Raised$75+millionindonations, includinga$20milliongift fromMacKenzieScott.● CreatedUWBA’sfirst StrategicPlaninover adecade.● Oversawthecreationof UWBA’sfirst DEI ActionPlan.● CreatedUWBA’snewHousingJusticepillar.● Rebuilt BoardandAdvisoryCouncil withafocusonequityandinclusivity.● Stabilizedorganizational financesandrebuilt administrativesystems.● ExpandedtheExecutiveandLeadershipTeams.

HousingTrust SiliconValley- October 2008- June2020SanJose, CAChief ExecutiveOfficerProvidedoversight, leadership, andmanagement toa$200millionregional housingtrust fundandCDFI.

Keyaccomplishmentsinclude:
● Createdthe$112millionTECHFund.● Namedasleadpartner inApple’s$150millionaffordablehousingfund.● Successfullyawarded$25millioninNSP2funds.● Increasedorganizational net assetsfrom$26.9millionin2008to$188millionin2020.● Co-founder of SV@Home.● DevelopedandimplementedtheHousingTrust’sstrategicplan.

AffordableHousingAssociates- February2001toSeptember 2008Berkeley, CADeputyExecutiveDirector, July2006toSeptember 2008Director of HousingDevelopment, August 2004toJune2006Project Manager, February2001toDecember 2003 Developedover 550unitsof affordablepermanent andsupportivehousing ConsultingFocus
Kevinspecializesinprovidingtailoredconsultingservicestoaffordablehousingdevelopersandnonprofit organizations. Hisareasof expertiseinclude:
● Organizational StrategicPlanningandThinking● Boardof DirectorsStrategyandTransformation● NewProgramandProject Development● PublicPolicyInsightsandAdvocacy● CapacityBuilding● InterimLeadership Approach
Kevin'sconsultingapproachisrootedincollaboration, innovation, andequity. Hebelievesinengagingstakeholdersat everystageof theprocess, centeringthevoicesof marginalizedcommunities, andco-creatingsolutionsthat addresstheroot causesof housingandeconomicinsecurity. Withakeeneyefor emergingtrendsandbest practices, Kevinstaysat theforefront of theaffordablehousinglandscape, constantlyadaptinghisstrategiestomeet evolvingneedsandchallenges.

Get inTouch
Whether you'reahousingdeveloper seekingstrategicguidance, anonprofit organizationlookingtoenhanceyour impact, or agovernment agencyor foundationexploringinnovativesolutions, KevinZwickConsultingisheretohelp. Contact ustodaytostart aconversationabout howwecanworktogether tocreatelastingchangeinaffordablehousingandbeyond.

Email: [email protected]: KevinZwick

Visit us at:
www.Solutions-MRG.com
Serving CA and surrounding states from the Sacramento, Los Angeles, and Bay Areas. (866) 774-3222

Mary Egan – Chief Executive Officer
Affiliated Consultant

MUNICIPAL RESOURCE GROUP , LLC
Telephone: (916) 261-7547
[email protected]

Mary is the CEO and a founding partner of MRG, overseeing the entire practice and providing high -level leadership over every project. She is highly skilled at Executive Coaching, Workplace Investigation, and Conflict Resolution and often uses those skills, along with her considerable experience, when advising her clients regarding employment -related risk mitigation, strategic planning, and inte rest-based problem resolution. Mary’s specialties are facilitating performance evaluations and organizational analysis as well as coaching employers to address deficiencies and maximize their impact. She is a certified professional executive coach and uses these skills to help clients increase their level of performance and identify potential limiting blind spots. She also adv ises clients regarding investigations, employment-related risk mitigation, strategic planning, and interest-based problem resolution.

Mary is adept at the facilitation of staff retreats, team -based problem-solving, and labor management committees, works with elected boards to define the performance expectations of their key managers, and serves as a neutral factfinder in the resolution o f employer/employee issues.

As a Private Investigator and Qualified Manager licensed by the State of California, Mary has handled hundreds of workplace investigations for both private sector and public employers on all types of employment matters over the last several years, including claims of discrimination, harassment, retaliation, whistleblowing, substance abuse, threats of violence, assault, theft, fraud, violations of company policies, wage and hour violations, and other forms of alleged misconduct. Mary is experienced in testifying during administrative and judicial proceedings regarding completed investigations and provides expert testimony on the adequacy of workplace investigations, human resource practices, and public sector employment standards and expectations. She is also qualified as an expert in State Court on the adequacy of investigations. She is a founding member of the Association of Workplace Investigators (“AWI”) and spent four years developing the AWI’s published standards for workplace investigations and serving as a faculty member at the Workplace Investigation Institute.

Prior to MRG, Mary held key positions with both the City of Sacramento and the City of San Jose, where she was the Employee Relations Officer and Chief Negotiator. While with Shannon Associates, Mary managed recruitments for high-level appointed executives, as well as complex HR assessments for large and complex clients. She continued her consulting services with high-profile clients after starting her own firm in 2001 and maintains long -term relationships with cities and counties in California. Mary is a recognized expert in municipal government interest arbitration.

Mary’s Areas of Expertise:

Conflict Resolution
Executive Coaching
Performance Evaluations
Strategic Planning

Visit us at:
www.Solutions-MRG.com
Serving CA and surrounding states from the Sacramento, Los Angeles, and Bay Areas. (866) 774-3222

In addition to her significant field experience with major clients, Mary earned a Bachelor of Science degree in Applied Behavioral Sciences from the University of California, Davis, where she was named “Outstanding Female Graduate,” and a Master of Public Administration (MPA) degree from San Francisco State University. Mary is a founding member of the California Association of Workplace Investigators (CAOWI), participating as Chairperson of the Legislation Committee and member of the Best Practices Committee.

Mary is a Certified Professional with the Society for Human Resources Management (SHRM) and is a founding member of the Association of Workplace Investigators (AWI). She is a frequent presenter at conferences, seminars, and meetings of several professional organizations, including the League of California Cities, the International Public Management Association (IPMA), the California Public Employers Labor Relations Associa tion (CALPELRA), the Municipal Management Assistants of Northern California (MMANC), and the California State Association of Counties (CSAC). In 2018, Mary was recognized by the Sacramento Business Journal as a recipient of the Women Who Mean Business award.

Ver PPC NTE-Appendix 2C-1 10/23

June 19, 2024

Mr. Andrew Murray
City Manager
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590

Dear Mr. Murray:

We are pleased to propose our understanding of the services we are to provide and the nature and limitations of the services we propose to provide for the City of Vallejo.

We propose to apply the procedures enumerated below to summarize and compare the Broadway Project expenditures from inception to May 31, 2024 to the project budget. By signing this engagement letter, you agree to those procedures and acknowledge that the pr ocedures to be performed are appropriate for the intended purpose of the engagement, which is to summarize and compare the Broadway Project expenditures from inception to May 31, 2024 to the project budget. We understand this engagement is not required pursuant to law, regulation, or contract.

1. We will obtain the Project Agreement between the City and Firm Foundation Community Housing (FFCH) and amendments, if any, through May 31, 2024.

2. We will obtain the original project line-ite m budget by funding source and any subsequent amendments through May 31, 2024.

3. We will obtain the Project Ho mekey Notice of Funding Agreement dated September 9, 2021, and amended on January 14, 2022.

4. We will obtain the City funding Resolutions 22-099, 23-006, 23-053, 23-135, 24-003, 24-027 and 24-078, and support for MY2201 and any other funding au thorizations for the project that total to the approved funding sources as of May 31, 2024 of $26,824,262.

5. We will obtain the Annual Homekey Program and E xpenditure Reports filed with the California Department of Housing and Community Development in 2022, 2023 and 2024.

6. We will obtain project milestone or progress reports provided to California Department of Housing and Community Development or to the City of Va llejo and compare the dates to the Performance Milestones in Exhibit E of the Project Homekey Notice of Funding Agreement.

7. We will obtain the Broadway Project Expenditure s spreadsheet dated June 7, 2024 that includes project costs incurred from July 2022 to April 2024.

8. We will obtain the project expend iture reimbursement request invoices from FFCH to the City as well as the supporting vendor/subcontractor i nvoices or other documentation supporting the reimbursement request.

Ver PPC NTE-Appendix 2C-1 10/23

9. We will obtain the Homekey Program, Round 2, Project Awardee List as of November 22, 2022 from https://www.hcd.ca.gov/sites/default/files/docs/grants-and-funding/homekey/homekey-round- 2-awards.pdf.

10. We will summarize the invoice payments by date and type in comparison to the line-item project budget in #2 above and calculate the differences.

11. We will compare the expenditures reported in the Annual Homekey Program and Expenditure Reports to the summary in #10 above and calculate any differences.

12. We will compare the percentage of completion in the project milestones and/or progress reports to the actual project expenditures to date through May 31, 2024.

13. We will make inquiries to City staff involved w ith the project (Assistant City Manager and one other City employee) related to the expected timeline of the project and their understanding of the cause for the delays the project experienced.

14. For three “permanent modular” projects included in the Homekey Program, Round 2, Project Awardee List with similar assisted and total units to the Broadway Project, we will inquire of the awarded entity about the original project timeline, actual timeline and whether the project was completed within the original budget.

Optional Service:

15. Summarize the invoice payments by detailed line-item in the subc ontractor invoices and compare those totals to the line-item budget, calculating any differences.

Our engagement to apply agreed-upon procedures will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants (AICPA). Those standards require that we obtain your written agre ement to the procedures to be applied and your acknowledgement that those procedures are appropria te for the intended purpose of the engagement, as described in this letter. The agreement and acknowledge ment are contained within this letter. A refusal to provide such agreement and acknowledgement will result in our withdrawal from the engagement. No other parties will be requested to agree to the pr ocedures and acknowledge that the procedures performed are appropriate for their purposes. We make no re presentation that the procedures we will perform are appropriate for the intended purpose of the engagement or for any other purpose.

Because the agreed-upon procedures do not constitute an examination or review, we will not express an opinion or conclusion on the summary and comparis on of the Broadway Project expenditures from inception to May 31, 2024 to the project budget. In addition, we have no obligation to perform any procedures beyond those to which you agree.

We will issue a written report upon completion of our engagement that lists the procedures performed and our findings. Our report will be addressed to the City . If we encounter restrictions in performing our procedures, we will discuss the matter with you. If we determin e the restrictions are appropriate, we will disclose the restrictions in our report. Our report will contain a paragraph indicating that had we performed additional procedures, other matters might ha ve come to our attention that would have been reported to you. You understand that the report is intended solely for the information and use of the City, and should not be used by anyone other than these specified parties.

Ver PPC NTE-Appendix 2C-1 10/23
There may exist circumstances that, in our professiona l judgement, will require we withdraw from the engagement. Such circumstances include the following:

 You refuse to provide written agreement to th e procedures and acknowledge that they are appropriate for the intended purpose of the engagement.  You fail to provide requested written representations, or we conclude that there is sufficient doubt about the competence, integrity, ethical valu es or diligence of those providing the written representations, or we conclude that the wr itten representations provided are otherwise not reliable.
 We determine that the description of the pro cedures performed or the corresponding findings are misleading in the circumstances of the engagement.
 We determine that restrictions on the performance of procedures are not appropriate.

An agreed-upon procedures engagement is not designe d to detect instances of fraud or noncompliance with laws or regulations; however, should any such matters come to our attention, we will communicate them in accordance with professional standards and app licable law. In addition, if, in connection with this engagement, matters come to our attention that contradict the summary and comparison the Broadway Project expenditures from inception to May 31, 202 4 to the project budget, we will communicate such matters to you.

You agree to the procedures to be performed and ac knowledge that they are appropriate for the intended purpose of the engagement.

You are responsible for the summary and comparison of the Broadway Project expenditures from inception to May 31, 2024 to the project budget. In addition, you are responsible for providing us with (1) access to all information of which you or the appropriate party are aware that is relevant to the performance of the agreed-upon procedures on the subject matter, (2) add itional information that we may request from the appropriate party for the purpose of performing the agreed-upon procedures, and (3) unrestricted access to persons within the entity from w hom we determine it necessary to obt ain evidence relating to performing those procedures.

At the conclusion of our engagement, we will require certain written representations in the form of a representation letter from management that, among other things, will confirm management’s responsibility for the summary and comparison of the Broadway Project expenditures from inception to May 31, 2024 to the project budget in accordance.

We will also prepare a summary and comparison of the Broadway Project expenditures from inception to May 31, 2024 to the project budget. These nonattest services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the preparation of the summary and comparison of the Broadway Project expenditures from inception to May 31, 2024 to the project budget previously defined. We, in our sole professional judgment, reserve the right to refuse to pe rform any procedure or take any action that could be construed as assuming management’s responsibilities.

You agree to assume all management responsibilities fo r the preparation of the subject matter and any other nonattest services we provided; oversee the servi ces by designating an individual, preferable within senior management, with suitable skill, knowledge, and/or experience; evaluate the adequacy and results of the services; and accept responsibility for such services.

Ver PPC NTE-Appendix 2C-1 10/23
Engagement Administration, Fees, and Other

The attest documentation for this en gagement is our property and consti tutes confidential information.

However, subject to applicable laws and regulations, attest documentation and appropriate individuals will be made available upon request and in a timely manner to a federal agency providing direct or indirect funding, or the U.S. Government Ac countability Office for purposes of a quality review of the attest services, to resolve findings, or to carry out oversig ht responsibilities. We will notify you of any such request. If requested, access to such attest documentation will be provided under the supervision of Maze & Associates personnel. Furthermore, upon request, we may provide copies of selected attest documentation to the aforementioned parties. These parties may inte nd or decide to distribute the copies or information contained therein to others, including other governmental agencies. We will retain attest documentation for this engagement for seven years after the report release date pursuant to state regulations.

We may from time to time, and depe nding on the circumstances, use third-party service providers in serving your account. We may share confidential inform ation about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safegua rds to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the un authorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain respons ible for the work provided by any such third-party service providers.

As an attest client, we cannot retain your docume nts on your behalf. This is in accordance with ET

1.295.143 of the AICPA Code of Professional Conduct . The City is responsible for maintaining its own data and records.

SharePoint/OneDrive are used solely to transmit data or as a method of exchanging information and is not intended to store the City’s information. The City is responsible for downloading any deliverables and other records from the SharePoint/OneDrive that it wish es to retain for its own records at the completion of the engagement. For multi-year engagements, such downloading should occur annually.

Upon completion of the engageme nt, data and other content will either be removed from SharePoint/OneDrive or become unavailable to the C ity within a reasonable timeframe (generally one week after issuance of our report). For multi-year engagements, completion of the engagement occurs when the deliverables are completed for that year.

Amy Meyer and Whitney Crockett are the engagement partners and are responsible for supervising the engagement and signing the report or authorizing another individual to sign it. We plan to begin our work shortly after you approve the agreed upon procedures and, unless unforeseeable problems are encountered, the engagement should be completed by July 31, 2024.

Our fee for this work is $13,640 to $25,960, depending upon whether the City selects the optional services, plus a 10% contingency for each, bringing th e total fees to $15,005 to $28,555. This estimate is based on our anticipation that the City will provide c opies of all reports and that the City’s personnel will be cooperative, and our assumption that unexpected circumstances will not be encountered during the engagement. Our estimate includes normal out-of-poc ket costs, but excludes unusual items such as air travel, which will be billed at actual cost if incurred. If significant additional time is necessary, we will discuss it with you prior to proceeding.

Ver PPC NTE-Appendix 2C-1 10/23
Our fees for these services are billed based on our cont ract with the City. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your engagement. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if the City’s account becomes thirty days or more overdue and may not be resumed until the City’s account is paid in full. If we elect to terminate our services fo r nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimbu rse us for all out-of-pocket costs through the date of termination.

You may request that we perform add itional services not contemplated by th is engagement letter. If this occurs, we will communicate with you regarding the scope of the additional services and the estimated fee.

We also may issue a separate engagement letter cove ring the additional services. In the absence of any other written communication from us documenting such additional services, our services will continue to be governed by the terms of this engagement letter. If additional specified parties of the report are added, we will consider whether they need to acknowledge in writing their agreement with the procedures performed or to be performed and their acknowledgement that the procedures are appropriate for their purposes.

We appreciate this opportunity to assist you and we believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.

Yours very truly,

Maze & Associates

RESPONSE:

This letter correctly sets forth the understanding of the City.

By: ___________________________________________________

Title: _________________________________________________

Date: _________________________________________________

200 E. Sandpointe Avenue, Suite 600
Santa Ana, California 92707
J
une 19, 2024
A
ndrew Murray – City Manager
City of Vallejo
555 Santa Clara St.

Vallejo, California 94590
D
ear Mr. Murray,
W
e look forward to the opportunity to provide the City of Vallejo (“City”) professional accounting services relating to the Broadway Project.

O
bjectives and Scope of Work
Y
ou have requested that The Pun Group to perform an agreed -upon procedures relating to the project cost of Broadway Project managed by Firm Foundation Community Housing, and Shelter, Inc. (“Firm”). We will assist the City in designing the procedures to be performed and are appropriate to for the intended purpose of the engagement.

W
e understand this engagement is not required pursuant to law, regulation, or contract. Our engagement to apply agreed-upon procedures will be conducted in accordance with attestation standards established by the AICPA. Those standards require that we obt ain your written agreement to the procedures to be applied and your acknowledgment that those procedures are appropriate for the intended purpose of the engagement. A refusal to provide such agreement and acknowledgment will result in our withdrawal from the engagement. No other parties will be requested to agree to the procedures and acknowledge that the procedures performed are appropriate for their purposes. We make no representation that the procedures we will perform are appropriate for the intended purpose of the engagement or for any other purpose.

B
ecause the agreed-upon procedures do not constitute an examination or review, we will not express an opinion or conclusion on the project cost of Broadway Project managed by the Firm. In addition, we have no obligation to perform any procedures beyond those to which you agree.

City of Vallejo
Proposal to Perform Agreed Upon Procedures
Relating to Broadway Project
June 19, 2024

Reporting
W
e will issue a written report upon completion of our engagement that lists the procedures performed and our findings. Our report will be addressed to the City Council of the City of Vallejo. If we encounter restrictions in performing our procedures, we will discuss the matter with you. If we determine the restrictions are appropriate we will disclose the restrictions in our report. Our report will contain a paragraph indicating that had we performed additional procedures, other matters might have come to our attention that would have been reported to you. Our report is not expected to be restricted to the use of specified parties.

L
imitation
A
n agreed-upon procedures engagement is not designed to detect instances of fraud or noncompliance with laws or regulations; however, should any such matters come to our attention, we will communicate them in accordance with professional standards and applicable law.

F
ees
W
e estimate that our fees for these services will range from $20,000 to $25,000. You will also be billed for travel and other out -of-pocket costs. The fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the engagement. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs.

Our invoices for these fees are payable on presentation.

T
hank you for your time reviewing our proposal. Please give me a call at +1 (949) 491 -0566 or email at [email protected] with any comments or questions.

S
incerely yours,
K
enneth H. Pun, CPA, CGMA
Managing Partner/CEO

AGREED UPON PROCEDURES TO BE CONSIDERED

The objective is to perform specified procedures and report findings related to the legitimacy of the project costs incurred for the Broadway Project. This will help stakeholders determine if the costs are reasonable, properly documented, and compliant with project agreements and regulations.

1. Review Project Cost Documentation
a. Obtain initial project budget approved by the City.
b. Obtain Schedule of “Sources and Uses” for the Boardway Project c. Obtain Details of Expenditures and Agreed Amount to the Schedule of “Sources and Uses” d. Obtain and inspect all invoices, receipts, contracts, and other supporting documents related to project costs.
e. Verify the authenticity of documents by checking for signatures, official stamps, and proper dates. f. Check for completeness by ensuring all required documents are present for each cost item.

2. Cost Accuracy and Allocation
a. Compare the recorded costs with the supporting documents to verify accuracy. b. Recalculate amounts to ensure mathematical accuracy. c. Evaluate the allocation of costs to ensure they are charged to the correct project accounts.

3. Compliance with Agreements and Regulations
a. Review project agreements, contracts, and regulatory requirements to identify cost-related provisions. b. Verify compliance by comparing project costs against these provisions. c. Identify any deviations and document them for further review.

4. Assessment of Internal Controls
a. Evaluate the internal control procedures related to cost authorization, approval, and payment. b. Perform walkthroughs of key processes to understand how costs are managed and controlled.

ACTION ITEM 9.C.

DATE: July 9, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: CONDUCT A FIRST READING AND INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING SECTION 3.20.050 OF THE

VALLEJO MUNICIPAL CODE RELATED TO AUTHORIZATION LIMITS AND EXECUTION

OF CONTRACTS

RECOMMENDATION
Introduce an Ordinance of the City Council of the City of Vallejo Amending Section 3.20.050 of the Vallejo Municipal Code Related to Authorization Limits and Execution of Contracts

REASONS FOR RECOMMENDATION
The proposed amendment would assist in the timely processing of development projects and help in filling staffing gaps, while not impacting the general fund.

BACKGROUND AND DISCUSSION
Section 3.20.050.A of the Vallejo Municipal Code places a cap of one hundred thousand dollars on the city manager's authority to contract with any one vendor within the same fiscal year, and any award of contract above said cap must be made by the Council. Staff often has contracts in excess of $100,000 that are paid for by an applicant processing a discretionary application, such as contracts for environmental review or traffic impact analysis. Under the current ordinance, these contracts are brought to the Council as consent items.

The lead time for preparing a Council staff report is at least six weeks and after a contract has been approved, it is another week to two weeks to obtain a signature on the approving resolution and to execute the contract.

This causes approximately two months of delay in processing these contracts. This delay is a burden for development projects. It also causes delays in obtaining supplemental staff when needed.

The proposed amendment to Section 3.20.050 of the Municipal Code to create an exception for pass-through contracts paid for by third parties would assist in the timely processing of development projects and help in filling staffing gaps, while not impacting the general fund.

FISCAL IMPACT
There will be no impact on the General Fund as a result of the recommended action.

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

ATTACHMENTS

1. Ordinance Amending Section 3.20.050 Relating to Spending Limits

Date: July 9, 2024
Subject: CONDUCT A FIRST READING AND INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING SECTION 3.20.050 OF THE

VALLEJO MUNICIPAL CODE RELATED TO AUTHORIZATION LIMITS AND

EXECUTION OF CONTRACTS

CONTACT
Gillian Haen, Assistant City Manager (707) 648-4576
[email protected]

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING SECTION 3.20.050 OF THE VALLEJO MUNICIPAL CODE RELATED TO

AUTHORIZATION LIMITS AND EXECUTION OF CONTRACTS
[Deleted text is shown in strikethrough
Added text is shown in bold italic]
THE COUNCIL OF THE CITY OF VALLEJO DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 3.20.050 of the Vallejo Municipal Code is hereby amended to read as follows:

3.20.050 Authorization limits and execution of contracts.

A. City Manager Authorization Limit. The city manager may approve and authorize all contracts and purchase orders involving an expenditure of city funds in the amount of one hundred thousand dollars or less in any one transaction, without first advertising therefor or obtaining specific authorization by the city council, for the purchase of equipment, materials, professional services, services, and public works projects for the city, for which there are appropriated funds in the city council-approved budget and consistent with the procedures set forth in this chapter.

A cap of one hundred thousand dollars shall be placed on the city manager's award authority of bids or contracts to any one vendor within the same fiscal year, for which there are appropriated funds in the city council-approved budget, and any award of a contract above said cap shall be made by the city council. Once awarded by the city council, the city manager shall sign such contracts or purchase orders.

B. City Attorney Authorization Limit. The city attorney may approve and authorize all contracts and purchase orders involving an expenditure of city funds in the amount of one hundred thousand dollars or less in any one transaction, without first advertising therefor or obtaining specific authorization by the city council, for the purchase of special legal counsel, appraisers, engineers and other technical and expert services necessary for the handling of any pending or proposed litigation, proceeding, or other legal matter and for any other activity or function that is related to the functions of the office of the city attorney for which there are appropriated funds in the city council- approved budget.

A cap of one hundred thousand dollars shall be placed on the city attorney's award authority of bids or contracts to any one vendor within the same fiscal year, for which there are appropriated funds in the city council-approved budget, and any award of a contract above said cap shall be made by the city council. Once awarded by the city council, the city attorney shall sign such contracts or purchase orders.

C. City Council Authorization Limit. Award of bids or contracts for items over one hundred thousand dollars, for which there are appropriated funds in the city council- approved budget, shall be made by the city council. Once awarded by the city council, the purchasing agent shall sign such contracts or purchase orders.

D. Contracts with a value of five thousand dollars or more must be in writing signed by the purchasing agent or designee pursuant to sub-section 3.20.030.C. The document must contain the materials and/or services being purchased, price and essential terms.

E. The authorization limits set forth in Section 3.20.050 A and B do not apply to contracts for which funds are provided by a third party and which do not involve the appropriation of funds from the City’s budget.

SECTION 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each one all provisions hereof, irrespective of the fact one or more provisions may be declared invalid.

SECTION 3. Effective Date. This Ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage.” ACTION ITEM 9.D.

DATE: July 9, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, PE, Public Works Director
Dan Sequeira, PE, Assistant Public Works Director / City Engineer SUBJECT: ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE HAWK INTERSECTION IMPROVEMENTS AT FIVE LOCATIONS PROJECT (PW9736) AFTER

FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301-EXISTING

FACILITIES, AWARDING A CONSTRUCTION CONTRACT TO KEREX ENGINEERING, INC. IN THE AMOUNT OF $1,525,104, REJECTING ALL OTHER BIDS, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution approving plans and specifications for the HAWK Intersection Improvements at Five Locations Project (PW9736) after finding the Project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301-Existing Facilities, awarding a construction contract to Kerex Engineering, Inc. in the amount of $1,525,104, rejecting all other bids, and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
This project is part of the City’s efforts to maintain and enhance its existing facilities and infrastructure.

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

The Project involves work to enhance pedestrian safety at five unsignalized intersections by installing High- Intensity Activated Crosswalk (HAWK) beacons, construction of ADA curb ramps, removing and replacing curb, gutter, sidewalk; hot-mix asphalt paving; installation of pedestrian barricades; and lowering and raising of existing utilities.

Advertisement for Bids
The plans and specifications, prepared and completed under the direction of the City Engineer, were advertised for thirty-seven days starting on November 6, 2023. The specifications specified a DBE goal of

15.0%. The bid documents provided that the low bidder would be determined based on the lowest bid identified as work performed at the following unsignalized intersections:
• Broadway Street / Hampshire Street
• Broadway Street / Illinois Street
• Springs Road / Lassen Street / Hilton Avenue
• Springs Road / Tregaskis Avenue
• Springs Road / Heartwood Avenue

Date: July 9, 2024
Subject: ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE HAWK

INTERSECTION IMPROVEMENTS AT FIVE LOCATIONS PROJECT
(PW9736) AFTER FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301-EXISTING FACILITIES, AWARDING A CONSTRUCTION CONTRACT TO KEREX ENGINEERING, INC. IN THE AMOUNT OF $1,525,104,

REJECTING ALL OTHER BIDS, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

The Plans and Specifications are available for viewing via hyperlinks provided in Attachment 1.

On December 20, 2023, four sealed bids were received, opened, and publicly read by the Deputy City Clerk.

The bids in order from lowest to highest, and each bidders’ DBE participation are as follows:

CONTRACTOR TOTAL BID DBE PARTICIPATION
Kerex Engineering, Inc. $1,525,104.00 0.00%
St. Francis Electric, LLC $1,586,000.00 16.3%
Columbia Electric, Inc. $1,682,800.20 79.43%
Tennyson Electric, LLC $1,874,262.00 17.37%

Bid Protest Filed by Second Lowest Bidder
On December 27, 2023, St. Francis Electric formally submitted a bid protest protesting the Kerex Engineering’s bid and stated “… there was no effort [by Kerex Engineering] to achieve the required 15% mark.” St. Francis’ bid provided a DBE goal of 16.3%.

On January 9, 2024, staff met with Kerex to discuss their good faith efforts in reaching the DBE goal. Kerex provided documentation that their good faith efforts to reach the DBE goal included:
• Advertised for DBE subcontractors on Twitter, LinkedIn, www.dbejournal.com, www.dbegoodfaith.com on November 11, 2023.
• Conducted two rounds of telephone calls to thirty (30) DBE subcontractors. • Emailed and faxed the same thirty (30) DBE subcontractors.

On February 23, 2024, staff emailed St. Francis Electric and requested documentation of their good faith efforts in an effort to determine if they and Kerex executed similar efforts. Later that day, St. Francis Electric responded by email: “… we are not required to submit good faith documents if we met the goal...”

On March 6, 2024, staff met with St. Francis Electric to make a second request to obtain documentation of their good faith efforts. St. Francis Electric declined a second time.

On March 25, 2024, staff met with Kerex Engineering, Inc. to further discuss their good faith efforts and discovered Tully Consulting Group, a DBE subcontractor, had provided a proposal in the amount of $4,325 for the Stormwater Pollution Control bid item. Kerex elected not to sub the work to Tully because it is able to perform the work for $1,500.

Determination that Kerex Made Good Faith Efforts
After review of all four bid proposals, reference checks, and good faith efforts by Kerex Engineering, Inc. and Date: July 9, 2024
Subject: ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE HAWK

INTERSECTION IMPROVEMENTS AT FIVE LOCATIONS PROJECT
(PW9736) AFTER FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301-EXISTING FACILITIES, AWARDING A CONSTRUCTION CONTRACT TO KEREX ENGINEERING, INC. IN THE AMOUNT OF $1,525,104,

REJECTING ALL OTHER BIDS, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

St. Francis Electric, LLC, City staff have determined that Kerex Engineering, Inc. executed good faith efforts pursuant to applicable federal regulations and is the lowest responsive and responsible bidder.

There are sufficient funds in the project budget to cover the bid.

FISCAL IMPACT
There will be no fiscal impact on the General Fund associated with this item, as it is funded through the capital program funds. The PW9736 HAWK Intersection Improvements at Five Locations Project budget is as follows:

SOURCES BUDGET EXPENDITURES
Fund 203: Transportation Impact Mitigation Fee
(TIMF)
400,000.00
Fund 221: Grant / Reimbursements 1,305,800.00
Fund 226: Road Maintenance Rehabilitation
Account (RMRA) / Senate Bill 1 (SB1)
280,000.00

Pre-Construction Design / Plans / Specs /
Estimates
(299,564.60)
Construction Contract (1,525,104.00)
Construction Contingency (~10%) (152,510.40)
Construction Management & Inspection (8,621.00)
TOTALS 1,985,800.00 (1,985,800.00)

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c) - Existing Facilities because the project is for the repair, maintenance, and minor alteration of existing streets and does not add additional vehicle lanes.

ATTACHMENTS

1. RESOLUTION - PW9736 HAWK Intersection Improvements at Five Locations Project_CAO Stamp (1)

2. Attachment 1 - Plans and Specifications
Date: July 9, 2024
Subject: ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE HAWK

INTERSECTION IMPROVEMENTS AT FIVE LOCATIONS PROJECT
(PW9736) AFTER FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301-EXISTING FACILITIES, AWARDING A CONSTRUCTION CONTRACT TO KEREX ENGINEERING, INC. IN THE AMOUNT OF $1,525,104,

REJECTING ALL OTHER BIDS, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

3. Exhibit A - Bid Proposal

4. Exhibit B - Prevailing Wage Rates

5. Exhibit C - Performance Bond

6. Exhibit D - Labor and Materials Bond

7. Exhibit E - Insurance Requirements

8. Exhibit F - Federal Requirements

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

RESOLUTION NO. 24-______

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

PLANS AND SPECIFICATIONS FOR THE HAWK INTERSECTION IMPROVEMENTS AT FIVE LOCATIONS PROJECT (PW9736) AFTER FINDING THE PROJECT EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301 – EXISTING FACILITIES, AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,525,104 TO KEREX ENGINEERING, INC., REJECTING

ALL OTHER BIDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, this fiscal year’s project is the HAWK Intersection Improvements at Five Locations Project (PW9736), which consists of removing and replacing curb, gutter, and sidewalk, hot-mix asphalt paving, installation of High-Intensity Activated Crosswalk (HAWK) beacons, construction of ADA curb ramps, installation of pedestrian barricades, lowering and raising of existing utilities (Project); and
WHEREAS, the budget for the Project was approved by the City Council when it adopted the FY 2022-2023 Budget on June 14, 2022; and
WHEREAS, the Project plans and specifications, prepared and completed under the direction of the City Engineer, were advertised for thirty-seven days starting on November 6, 2023. The specifications specified a DBE goal of 15.0%; and
WHEREAS, on December 20, 2023, four sealed bids were received, opened, and publicly read by the Deputy City Clerk and the bids in order from lowest to highest, and each bidders’ DBE participation are as follows:

CONTRACTOR TOTAL BID DBE PARTICIPATION
Kerex Engineering, Inc. $1,525,104.00 0.00%
St. Francis Electric, LLC $1,586,000.00 16.30%
Columbia Electric, Inc. $1,682,800.20 79.43%
Tennyson Electric, LLC $1,874,262.00 17.37%
WHEREAS, On December 27, 2023, St. Francis Electric formally submitted a bid protest protesting the Kerex Engineering’s bid stating, “… there was no effort [by Kerex Engineering] to achieve the required 15% mark”; and
WHEREAS, on January 9, 2024, Kerex Engineering met with staff to discuss its good faith efforts in reaching the DBE goal and provided substantial documentation, including:
•Advertising for DBE subcontractors on Twitter, LinkedIn, www.dbejournal.com, and www.dbegoodfaith.com on November 11, 2023;
•Conducting two rounds of telephone calls to thirty (30) DBE subcontractors; •Emailing and faxing the same thirty (30) DBE subcontractors; and WHEREAS, on February 23, 2024, City staff emailed St. Francis Electric and requested

documentation of its good faith efforts to determine if it and Kerex executed similar efforts and St. Francis Electric responded by email: “… we are not required to submit good faith documents if we met the goal...”; and
WHEREAS, on March 6, 2024, staff met with St. Francis Electric to make a second request to obtain documentation of its good faith efforts and St. Francis Electric again declined to provide such documentation; and
WHEREAS, after review of all four bid proposals, reference checks, and good faith efforts by Kerex Engineering, Inc. and St. Francis Electric, LLC to achieve the DBE goal for the Project, staff has determined that St. Francis Electric, LLC’s bid protest is without merit and that Kerex Engineering, Inc. is the lowest responsive and responsible bidder; and WHEREAS, activities that consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes are exempt from environmental review under the California Environmental Quality Act (CEQA).

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds that the HAWK Intersection Improvements at Five Locations Project is exempt from environmental review under CEQA pursuant to Guidelines Section 15301(c) because the project consists of repair, maintenance, and minor alterations of existing streets for the purpose of public safety and does not add additional vehicle lanes.

BE IT FURTHER RESOLVED that the City Council hereby approves and adopts the Plans and Specifications for the Project.

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

BE IT FURTHER RESOLVED that the City Council hereby finds that the bid protest submitted by St. Francis Electric, LLC is without merit and overrules said protest for the reasons stated in the recitals to this Resolution, which the City Council hereby declares to be true and correct.

BE IT FURTHER RESOLVED that the City Council hereby determines that Kerex Engineering, Inc. is lowest responsive and responsible bidder and is hereby awarded a contract in the amount of $1,525,104.00.

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

St. Francis Electric, LLC, San Leandro, CA $1,586,000.00 Columbia Electric, Inc., San Leandro, CA $1,682,800.20
Tennyson Electric, LLC, Livermore, CA $1,874,262.00
are hereby deemed rejected, upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given by the City Clerk.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign a Construction Contract between the City of Vallejo and Kerex Engineering, Inc. with any modifications recommended by the City Attorney, and the City Clerk to attest the signing of that Agreement.

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

Adopted by the City Council of the City of Vallejo at a regular meeting held on July 9, 2024, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Attachment 1 – Plans and Specifications Project Documents Due to the large size of these project documents please follow the links below to access and download the project plans and specifications:

1. 5 Pedestrian Crossing Improvements With HAWK Installation Project Plans

2. 5 Pedestrian Crossing Improvements With HAWK Installation Project Specifications

EXHIBIT A

BID PROPOSAL

EXHIBIT B

PREVAILING WAGE RATES (STATE & FEDERAL)

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

ERAL MINIMUM WAGE RATES
http://www.access.gpo.gov/davisbacon/CA.html

EXHIBIT D

PERFORMANCE BOND

Insurance Requirements

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

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

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

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

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

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

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

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City of Vallejo, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

4. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured. Contractor agrees to endorse the City of Vallejo as an Additional Insured on the Umbrella or Excess policy, unless the Certificate of Insurance states the Umbrella or Excess policy provides coverage on a “Follow Form” basis.

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

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

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

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

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor

must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

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

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

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

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

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

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

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

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

EXHIBIT E

PAYMENT (LABOR AND MATERIALS) BOND

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION

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

CITY OF VALLEJO SPRINGS ROAD HAWK PROJECT (PW9736)
AND WHEREAS, said Principal is required to furnish a bond in connection with s aid contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same.

NOW, THEREFORE, We,
as Principal and ,
as Surety, are held firmly bound unto the City of Vallejo, a municipal corporation, hereinafter called City, in the penal sum of
D OLLARS ($ ), 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.

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

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

Th
e 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 W HEREOF, the above bounden parties have executed this Instrument under several seals this day of , 2024. The name and
Corporate Seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

PRI
NCIPAL: SURETY:

S
URETY INFORMATION:

C
ontact Person:

Name of Company:

Address:

Telephone: ( ) Fax no.: ( )
NOTE: (1) Signatures of those executing for the Surety must be properly (2)
acknowledged.

This Bond must be in an amount equal to 100% of the amount bid.

APPR
OVED AS TO FORM:

Veronica A. F. Nebb
City Attorney

EXHIBIT B

INSURANCE REQUIREMENTS

Insurance Requirements

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

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

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

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

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

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

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

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City of Vallejo, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

4. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured. Contractor agrees to endorse the City of Vallejo as an Additional Insured on the Umbrella or Excess policy, unless the Certificate of Insurance states the Umbrella or Excess policy provides coverage on a “Follow Form” basis.

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

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

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

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

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor

must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

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

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

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

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

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

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

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

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

EXHIBIT C

FAITHFUL PERFORMANCE BOND

CIT

Y OF VALLEJO

PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION

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

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

CITY OF VALLEJO SPRINGS ROAD HAWK PROJECT (PW9736)
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 tr uly 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 fix ed 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 sam e 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 un
der their sever al seals this day of , 2024. 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.

P
RINCI

PAL SURETY
SURETY INFORMATION:

C
ontact Person:

Name of Company:

Address:

Telephone: ( ) Fax no.: ( )
NOTE: (1) Signatures of those executing for the Surety must be properly (2)
acknowledged.

This Bond must be in an amount equal to 100% of the amount bid.

APPROVED AS TO FORM:

Veronica A. F. Nebb
City Attorney

EXHIBIT D

PAYMENT (LABOR AND MATERIALS) BOND

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION

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

CITY OF VALLEJO SPRINGS ROAD HAWK PROJECT (PW9736)
AND WHEREAS, said Principal is required to furnish a bond in connection with s aid contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same.

NOW, THEREFORE, We,
as Principal and ,
as Surety, are held firmly bound unto the City of Vallejo, a municipal corporation, hereinafter called City, in the penal sum of
D OLLARS ($ ), 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.

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

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

Th
e 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 W HEREOF, the above bounden parties have executed this Instrument under several seals this day of , 2024. The name and
Corporate Seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

PRI
NCIPAL: SURETY:

S
URETY INFORMATION:

C
ontact Person:

Name of Company:

Address:

Telephone: ( ) Fax no.: ( )
NOTE: (1) Signatures of those executing for the Surety must be properly (2)
acknowledged.

This Bond must be in an amount equal to 100% of the amount bid.

APPR
OVED AS TO FORM:

Veronica A. F. Nebb
City Attorney

EXHIBIT C

FEDERAL REQUIREMENTS
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33. SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS ____________________________________________________________________________________________________ GENERAL.—The work herein proposed will be financed in
whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Con tract Provisions, Federal-Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required co ntract provisions references are made to "SHA contracting officer," "SHA resident engineer," or "authorized representative of the SHA," such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications.

PERFORMANCE OF PREVIOUS CONTRACT .—In ad -
dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the required contract provisions, the Contractor shall comply with the following:

The bidder sh all execute the CERTIFICATION WITH RE -

GARD TO THE PERFORMANCE OF PREVIOUS CON -

TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL

OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED
REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such re quest is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor.

NON-COLLUSION PROVISION.—The provisions in this
section are applicable to all contracts except contracts for Federal Aid Secondary projects.

Title 23, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, associ ation, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agree ment, participated in any collusion, or otherwise taken any ac tion in restraint of free competitive bidding in connection with the submitted bid. A form to make the non -collusion affidavit statemen t required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal.

PARTICIPATION BY DISADVANTAGED BUSINESS EN-
TERPRISES IN SUBCONTRACTING.—Part 26, Title 49, Code
of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions.

Schedule B —Information for Determining Joint Venture Eli - gibility
(This form need not be filled in if all joint venture firms are DBE owned.)

1. Name of joint venture ___________________________
________________________________ ________________

2. Address of joint venture _________________________
________________________________ ________________

3. Phone number of joint venture ____________________
________________________________ ________________

4. Identify the firms which comprise the joint venture. (The DBE partner must complete Schedule A.) _______________ ________________________________ ________________
a. Describe the role of the DBE firm in the joint venture. ________________________________ ______________
b. Describe very briefly the experience and business
qualifications of each non-DBE joint venturer: _________ ________________________________ ______________

5. Nature of the joint venture’s business ______________ ________________________________ ________________

6. Provide a copy of the joint venture agreement.

7. What is the claimed percentage of DBE ownership? ___ ________________________________ ________________

8. Ownership of joint venture: (This need not be filled in if described in the j oint venture agreement, provided by question

6.).

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a. Profit and loss sharing.
b. Capital contributions, including equipment.
c. Other applicable ownership interests.

9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their ti tles) who are responsible for day -to-day management and policy decision making, including, but not limited to, those with prime responsibility for:

a. Financial decisions ___________________________
________________________________ ______________
b. Management decisions, such as:

1. Estimating _______________________________
________________________________ ____________

2. Marketing and sales ________________________
________________________________ ____________

3. Hiring and firing of management personnel ___ ________________________________ ____________

4. Purchasing of major items or supplies __________
________________________________ ____________

c. Supervision of field operations __________________
________________________________ ______________

Note.—If, after filing this Schedule B and before the comple - tion of the joint venture’s work on the contract covere d by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di - rectly or through the prime contractor if the joint venture is a subcontractor.

Affidavit

"The undersigned swear that the foregoing statements are cor- rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking.

Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding actual joint venture work and the payment therefor and any proposed changes in any of the joint venture arrangements and to permit the audit and examination of t he books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws con cerning false statements."

.........................................................................................................

Name of Firm Name of Firm

.........................................................................................................

Signature Signature

.........................................................................................................

Name Name

.........................................................................................................

Title Title

.........................................................................................................

Date Date

Date ________________________________ ______________
State of ________________________________ ____________ County of ________________________________ __________

On this ____ day of _______________, 19 __, before me
appeared (Name) _________________, to me personally known, who, being duly sworn, did execute the foregoing affi davit, and did state that he or she was properly authorized by (Name of firm) __________________________ to execute the affidavit and did so as his or her free act and deed.

Notary Public ________________________________ _______ Commission expires ________________________________ __ [Seal]
Date ________________________________ ______________
State of ________________________________ ____________ County of ________________________________ __________
On this ___ day of _______________, 19 __, before me appeared (Name) _________________ to me pe rsonally known, who, being duly sworn, did execute the foregoing affi davit, and did state that he or she was properly authorized by (Name of firm) ___________________________ to execute the affidavit and did so as his or her free act and deed.

Notary Public ________________________________ _______ Commission expires ________________________________ __ [Seal]

FR-2
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34. REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

____________________________________________________________________________________________________

I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Payment of Predetermined Minimum Wage
V. Statements and Payrolls
VI. Record of Materials, Supplies, and Labor
VII. Subletting or Assigning the Contract
VIII. Safety: Accident Prevention
IX. False Statements Concerning Highway Project
X. Implementation of Clean Air Act and Federal Water
Pollution Control Act
XI. Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion
XII. Certification Regarding Use of Contract Funds for Lobbying

ATTACHMENTS

A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only)

I. GENERAL

1. These contract provisions shall apply to all work performed on the contract by the contractor’s own organization and with the assistance of workers under the contractor’s im mediate superintendence and to all work performed on the con tract by piecework, station work, or by subcontract.

2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipula tions contained in these Required Contract Provisions, and further re quire their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Con tract Provi sions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compli ance by any subcontractor or lower ti er subcontractor with these Required Contract Provisions.

3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termi nation of the contract.

4. A breach of the following clauses of the Re quired Con tract Provisions may also be grounds for debarment as pro vided in 29 CFR 5.12:

Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.

5. Disputes arising out of the labor standards provisi ons of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the gen eral disputes clause of this contract. Such disputes shall be resolved in accor - dance with the procedures of the U.S. De partment of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor’s employees or their representatives.

FR-3

6. Selection of Labor: During the performance of this contract, the contractor shall not:

a. discriminate against labor from any other State, pos session, or territory of the United States (except for em ployment preference for Appalachian contra cts, when ap plicable, as specified in Attachment A), or

b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation.

II. NONDISCRIMINATION

(Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.)

1. Equal Employment Opportunity: Equal em ployment
opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equ al opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions pre scribed herein, and im posed pursuant to 23 U.S.C. 140 shall constit ute the EEO and specific affirmative action standards for the contractor’s project activities under this contract. The Equal Opportunity Construc tion Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this con tract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obli - gations and in their review of his/her activities under the contract.

b. The contractor will accept as his operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employ ment, without regard to their race, religion, sex, color, na tional origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment ad - vertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively
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Form 1273 —
administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsi bility to do so.

3. Dissemination of Policy: All members of the con tractor’s staff who are authorized to hire, supervise, pro mote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor’s EEO policy and contractual
responsibilities to provide EEO in each grade and cla ssification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor’s EEO policy and its implementation will be reviewed and explained. The meetings will be con ducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor’s EEO obliga tions within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the con tractor’s procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor’s EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor’s EEO policy and the procedures to im - plement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such adver tisements will be placed in publications having a large circula tion among minority groups in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bar gaining agreement, conduct systematic and direct recruit ment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this re quirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contr actor’s compli ance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of dis criminating against minorities or women, or obli gates the contractor to do the same, such implementation violates Ex ecutive Order 11246, as amended.)
c. The contractor will encourage his present employees to refer minority group applicants for employment. Infor mation and procedures with regard to referring minority group applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, up grading, promotion, transfer, demotion, layoff, and termina tion, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of pro ject sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evi dence of discriminatory wage practices.
c. The contractor will peri odically review selected per sonnel actions in depth to determine whether there is evi dence of discrimination. Where evidence is found, the con tractor will promptly take corrective action. If the review indicates that the discrimination may extend bey ond the ac tions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all com plaints of alleged discrimination made to the contractor in connec tion with his obligations under this contract, wi ll attempt to resolve such complaints, and will take appropri ate corrective action within a reasonable time. If the inves tigation indi cates that the discrimination may affect per sons other than the complainant, such corrective action shall include suc h other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal.

6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women em ployees, and applicants for employment.
b. Consistent with the contractor’s work force require ments and as permissible under Federal and State regula tions, the contractor shall make full use of training pro grams, i.e., apprenticeship, and on -the-job training pro grams for the ge - ographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for train ing is provided under this contract, this subparagraph will be superseded as indicated in the spe cial provision.
c. The contractor will advise employees and applicants for employment of available training programs and en trance re - quirements for each.
d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion.

Form 1273 — Revised 3-95
08-07-95
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7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor’s association acting as agent will include the procedures set forth below:

a. The contractor will use best efforts to develop, in co op- eration with the unions, joint training programs aimed toward qualifying more minority group members and women for
membership in the unions and increasing the skills of minor ity group employees and women so that they may qualify for higher paying employment.

b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.

c. The contractor is to obtain information as to the re ferral practices and policies of the labor union except that to the ex tent such information is within the exclusive pos session of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bar gaining agreement, the contractor will, through indepen dent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national ori gin, age or disability; makin g full efforts to obtain qualified and/or qualifiable mi nority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclu sive referral failed to refer minority employees.) In the event the union referral prac tice prevents the contractor from meet ing the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA.

8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, reli gion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment.

a. The contractor shall notify all potential subcontrac tors and suppliers of his/her EEO obligations under this contract.

b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 26, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pur suant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontrac tors or sub contractors with meaningful minority group and female repre sentation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel.

c. The contractor will use his best efforts to ensure sub con- tractor compliance with their EEO obligations.

9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.

Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA.

a. The records kept by the contractor shall document the following:

(1) The number of minority and non -minority group
members and women employed in each work classification on the project;

(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women;

(3) The progress and efforts being made in locati ng, hiring, training, qualifying, and upgrading minority and fe male employees; and

(4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with
meaningful minority and female representation among their employees.

b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the num ber of minority, women, and non -minority group em ployees currently engaged in each work classification re quired by the con tract work. This information is to be re ported on Form FHWA-1391.

If on-the-job training is be ing required by spe cial provision, the contractor will be required to collect and report training data.

III NONSEGREGATED FACILITIES

(Applicable to all Fe deral-aid construction contracts and to all related subcontracts of $10,000 or more.)

a. By submission of this bid, the execution of this con tract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal- aid construction contractor, subcontractor, mate rial supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segre gated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provi sions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability.

b. As used in this certification, the term "segregated fa cilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertain ment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, seg regated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g . disabled parking).

Form 1273 — Revised 3-95
08-07-95
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c. The contractor agrees that it has obtained or will ob tain identical certification from proposed subcontractors or mate rial suppliers prior to award of subcontracts or con summation of material supply agreements of $10,000 or more and that it will retain such certifications in its files.

IV. PAYMENT OF PREDETERMINED MINIMUM
WAGE

(Applicable to all Federal -aid construction contracts ex ceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural mi nor collectors, which are exempt.)

1. General:

a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent de duction or rebate on any account [except such payroll de ductions as are permitted by regulations (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contain ed in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to ex ist between the contrac tor or its subcont ractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA- 1495) shall be posted at all times by the contractor and its subcon- tractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the pur pose of this Section, contributions made or costs reasonably an ticipated for bona fide fringe benefits u nder Section 1(b)(2) of the Davis - Bacon Act (40 U.S.C. 276a) on behalf of la borers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Sec tion, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) un der plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such wee kly period. Such laborers and me - chanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV.

b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.

c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract.

2. Classification:

a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination.

b. The contracting officer shall appr ove an additional classification, wage rate and fringe benefits only when the following criteria have been met:

(1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination;

(2) the additional classification is utilized in the area by the construction industry;

(3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and

(4) with respect to helpers, when such a classification prevails in the area in which the work is performed.

c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addi - tional classification or their representatives, and the con tracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer t o the DOL, Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, D.C.
20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or dis approve every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

d. In the event the contractor or subcontractors, as appropriate, the laborers or m echanics to be employed in the addi tional classification or their representatives, and the con tracting officer do not agree on the proposed classifica tion and wage rate (including the amount designated for fringe benefits, where appropriate), the contra cting officer shall re fer the questions, including the views of all inter ested parties and the
recommendation of the contracting officer, to the Wage and Hour Administrator for determina tion. Said Admin istrator, or an authorized representative, will issue a determi nation within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary

e. The wage rate (including fringe benefits where appro priate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the addi tional classification from the first day on which work is per formed in the classification.

3. Payment of Fringe Benefits:

a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contrac tor or subcontractors, as appropriate, shall either pay the benefit

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as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof.

b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer o r mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or pro gram, provided, that the Secretary of Labor has found, upon the writ ten request of the contractor, that the applicable standards of the D avis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

4. Apprentices and Trainees (Programs of the U.S. DOL)
and Helpers:

a. Apprentices:

(1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State appren ticeship agency recognized by the Bureau, or if a person is em ployed in his/her first 90 days of probationary em ployment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Ap - prenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice.

(2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an appren tice wage rate, who is not registered or otherwise em ployed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addi tion, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing con struction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the jour - neyman-level hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed.

(3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the jour neyman-level hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Adminis- trator for the Wage and Hour Division determines that a different practice pre vails for the applicable apprentice classification, fringes shall be paid in acco rdance with that determination.

(4) In the event the Bureau of Apprenticeship and Train ing, or a State apprenticeship agency recognized by the Bu reau, withdraws approval of an apprenticeship program, the
contractor or subcontractor will no longer be pe rmitted to utilize apprentices at less than the appli cable predeter mined rate for the comparable work performed by regular employees until an acceptable program is approved.

b. Trainees:

(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration.

(2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted un der the plan approved by the Employment and Training Adminis tration.

Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work ac tually performed. In add ition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

(3) Every trainee must be p aid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division d etermines that there is an apprenticeship program associated with the corre - sponding journeyman -level wage rate on the wage deter - mination which provides for less than full fringe bene fits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices.

(4) In the event the Employment and Training Adminis -
tration withdraws approval of a training program, the con - tractor or subcontractor will no longer be permitted to uti lize trainees at less than the applicable predete rmined rate for the work performed until an acceptable program is approved.

c. Helpers:

Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant t o the con formance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classifi cation of work actually performed.

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5. Apprentices and Trainees (Programs of the U.S. DOT):

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Sec retary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

6. Withholding:

The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contrac tor, or any other federally-assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued p ayments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the con tractor, take such action as may be necessary to cause the sus pension of any further payment, ad vance, or guarantee of funds until such violations have ceased.

7. Overtime Requirements:

No contractor or subcontractor contracting for any part of the contract work which m ay require or involve the employ ment of laborers, mechanics, watchmen, or guards (including appren tices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in whi ch he/she is em ployed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensa tion at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek.

8. Violation:

Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) f or liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such e mployee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages re quired by the clause set forth in paragraph 7.

9. Withholding for Unpaid Wages and Liquidated Damages:

The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any moneys payable on account of work per formed by the contractor or subcontractor under any such con tract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Con tract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcon tractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above.

V. STATEMENTS AND PAYROLLS

(Applicable to all Federal -aid construction contracts ex ceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural col lectors, which are exempt.)

1. Compliance with Copeland Regulations (29 CFR 3):

The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference.

2. Payrolls and Payroll Records:

a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work.

b. The payroll records shall contain the name, social se curity number, and addr ess of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the em ployee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1.

Whenever the Secre tary of Labor, pursuant to Sec tion IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reason ably anticipated in providing benefits under a plan or pro gram described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been commu nicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employ ing apprentices or tra inees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs.

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c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, de scribed in Section IV, paragraphs 4 and 5, and watchmen and guards en gaged on work during the preceding weekly payroll period). The payroll submitted shall set out accu rately and completely all of the information required to be maintained under paragraph 2b of this Section V. This in formation may be submit ted in any form desired. Optional Form WH-347 is available for this purpose and may be pur chased from the Superinten dent of Documents (Federal stock number 029 -005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

d. Each payr oll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or sub - contractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) that the pay roll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete;

(2) that such laborer or mechanic (including each helper, apprentice, and trainee) emplo yed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indi rectly, and that no deductions have been made either di rectly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3;

(3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked per formed, as specified in the applicable wage determination incorporated into the contract.

e. The weekly submission of a properly executed certifica tion set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V.

f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.

g. The contractor or subcontractor shall make the records re- quired under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such represen - tatives to interview employees during working hours on the job.

If the contractor or subcontractor fails to submit the re quired records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such ac tions as may be nec essary to cause the suspension of any fur ther payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

VI. RECORD OF MATERIALS, SUPPLIES, AND
LABOR

1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installa tion of protective devices at railroad grade crossings, those which are constructed on a force acco unt or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635); the contractor shall:

a. Become familiar with the list of specific material s and supplies contained in Form FHWA -47, "Statement of Mate rials and Labor Used by Contractor of Highway Construc tion
Involving Federal Funds," prior to the commencement of work under this contract.

b. Maintain a record of the total cost of all materi als and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and sup plies listed on Form FHWA-47, and in the units shown on Form FHWA-47.

c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned.

2. At the prime contractor’s option, either a single report covering all contract work or separate reports for the contrac tor and for each subcontract shall be submitted.

VII. SUBLETTING OR ASSIGNING THE CONTRACT

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items des ignated by the State.

Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original con tract price before computing the amount of work required to be performed by the contractor’s own organization (23 CFR 635).

a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime con tractor and equipment owned or rented by the prime contrac tor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or age nt of the prime contractor.

b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of con tracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract.

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2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.

3. The contractor shall furnish (a) a competent superinten dent or supervisor who is employed by the firm, has full au thority to direct performance of the work in accordance with the con tract requirements, and is in charg e of all construction opera tions (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, man agement, and engineering services) as the SHA contracting officer deter mines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

VIII. SAFETY: ACCIDENT PREVENTION

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws gov erning safety, health, and sanitation (23 CFR 635). The con tractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it deter mines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsani tary, hazardous or dangerous to his/her health or safety, as de termined under construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Stan dards Act (40 U.S.C. 333).

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representa tive thereof, shall have right of entry to any site of contract perfor mance to inspect or investigate the matter of compli ance with the construction safety and health standards and to carry out t he duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333).

IX. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons con cerned with the project perform their functi ons as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or mis - representation with respect to any facts re lated to the project is a violation of Federal law. To prevent any misunderstanding re - garding the seriousness o f these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:

NOTICE TO ALL PERSONNEL ENGAGED ON

FEDERAL-AID HIGHWAY PROJECTS

18 U.S.C. 1020 reads as follows:

"Whoever being an officer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the charac ter, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submissio n of plans, maps, specifications, contracts, or costs of construction on any highway or related project sub mitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false rep re- sentation, false report or fa lse claim with respect to the charac ter, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project ap proved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false repre - sentation as to material fact in any statement, certifi cate, or report submitted pursuant to provisions of the Fed eral-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and sup - plemented;

Shall be fined not more that $10,000 or imprisoned not more than 5 years or both."

X. IMPLEMENTATION OF CLEAN AIR ACT AND

FEDERAL WATER POLLUTION CONTROL ACT

(Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.)

By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid con struction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any facility that is or will be utilized in the perfor mance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91- 604), and under the Federal Water Pol lution Con trol Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92 -500), Executive Order 11738, and regu lations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S.

Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20.

2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulati ons and guidelines listed thereunder.

3. That the firm shall promptly notify the SHA of the re ceipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized Form 1273 — Revised 3-95
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for the contract is under consideration to be listed on the EPA List of Violating Facilities.

4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements.

XI. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION

1. Instructions for Certification - Primary Covered
Transactions:

(Applicable to all Federal-aid contracts - 49 CFR 29)

a. By signing and submitting this proposal, the prospec tive primary participant is providing the certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of partic ipation in this covered transaction. The prospective par ticipant shall submit an explanation of why it cannot pro vide the certifica tion set o ut below. The certification or explanation will be considered in connection with the de partment or agency’s de termination whether to enter into this transaction. However, failure of the prospective pri mary participant to furnish a cer tification or an explanation shall disqualify such a person from participation in this transaction.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the de partment or agency determined to enter into this tr ansaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Gov ernment, the de partment or agency may terminate this transaction for cause of default.

d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

e. The terms "covered transaction," "debarred," "sus pended," "ineligible," "lower tier covered transaction," "par ticipant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Execu tive Order 12549. You may contact the department or agency to which this pro posal is submitt ed for assistance in obtaining a copy of those regulations.

f. The prospective primary participant agrees by sub mitting this proposal that, should the proposed covered transac tion be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, un less authorized by the department or agency entering into this transaction.

g. The prospective primary participant further agrees by submitting this proposal that it will include the clause ti tled "Certification Regarding Debarment, Suspension, Inel igibility and Voluntary Exclusion -Lower Tier Covered Transac tion," provided by the department or agency en tering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

h. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier cov ered transaction that is not debarred, suspended, ineli gible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A par ticipant may decide the method and frequency by whi ch it determines the el - igibility of its principals. Each partici pant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is co mpiled by the General Services Administration.

i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not re quired to exceed that which is normally possessed by a pru dent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transac tion knowingly enters into a lower tier c overed transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Gov ernment, the de partment or agency may terminate this transaction for cause or default.

* * * * *

Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion—Primary Covered Transactions

1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily ex cluded from covered transactions by any Federal department or agency;

b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment ren dered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public tra nsaction; viola tion of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c. Are not presently indicted for or other wise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and

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d. Have not within a 3 -year period preceding this ap - plication/proposal had one or more public transac tions (Federal, State or local) terminated for cause or default.

2. Where the prospective primary participant is un able to certify to any of the statements in this certifica tion, such prospective participant shall attach an expla nation to this proposal.

* * * * *

2. Instructions for Certification - Lower Tier Covered
Transactions:

(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29)

a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.

b. The certification in this clause is a material representation of fact upon which reliance was placed when this transac tion was entered into. If it is later determined that the pr ospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available reme dies, including su spension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this pro posal is submitted if at any time the prospective lower tier partici pant learns that its certification was errone ous by reason of changed circumstances.

d. The terms "covered transaction," "debarred," "sus pended," "ineligible," "primary covered transaction," "par ticipant," "person," "principal," "proposal," and "volun tarily excluded," as used in this clause, hav e the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

e. The prospective lower tier participant agrees by sub mitting this proposal that, should the proposed covered transac tion be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, un less authorized by the department or agency with which this transaction originated.

f. The prospective lower tier participant further agrees by submitting this proposal that it will in clude this clause titled "Certification Regarding Debarment, Suspension, In eligibility and Voluntary Exclusion -Lower Tier Covered Transac tion," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier cov ered transaction that is not debarred, suspended, ineli gible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A par ticipant may decide the method and frequency by which it determines the el - igibility of its principals. Each partici pant may, but is not required to, check the Nonprocurement List.

h. Nothing contained in the foregoing shall be con strued to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transac tion knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Gov ernment, the de partment or agency with which this transac tion originated may pursue available remedies, including suspension and/or debarment.

* * * * *

Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transactions

1. The prospective lower tier particip ant certifies, by submission of this proposal, that neither it nor its prin cipals is presently debarred, suspended, proposed for de barment, declared ineligible, or voluntarily excluded from par ticipation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is un able to certify to any of the statements in this certifica tion, such prospective participant shall attach an expla nation to this proposal.

* * * * *

XII. CERTIFICATION REGARDING USE OF

CONTRACT FUNDS FOR LOBBYING

(Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20)

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowl edge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at tempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congre ss in con nection with this Federal contract,

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grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or en - tered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the lan guage of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all suc h recipients shall certify and disclose accordingly.
________________________________________________________________________________________________

35. FEDERAL-AID FEMALE AND MINORITY GOALS

________________________________________________________________________________________________ In accordance with Section II, "Nondiscrimination," of
"Required Contract Provisions Federal -aid Construc tion Contracts" the following are the goals for female utilization:

Goal for Women
(applies nationwide)..............(percent) ......... 6.9

The following are goals for minority utilization:

CALIFORNIA ECONOMIC AREA

Goal
(Percent)
174 Redding, CA:

Non-SMSA Counties .................................... 6.8 CA Lassen; CA Modoc;
CA Plumas; CA Shasta;
CA Siskiyou; CA Tehama.

175 Eureka, CA:

Non-SMSA Counties . ................................... 6.6 CA Del Norte; CA Humboldt;
CA Trinity.

176 San Francisco-Oakland-San Jose, CA:

SMSA Counties:
7120 Salinas-Seaside-
Monterey, CA.... ......................................... 28.9 CA Monterey.
7360 San Francisco-Oakland, CA. ................ 25.6
CA Alameda; CA Contra Costa;
CA Marin; CA San Francisco;
CA San Mateo.
7400 San Jose, CA ......................................... 19.6 CA Santa Clara.
7485 Santa Cruz, CA. ..................................... 14.9 CA Santa Cruz.
7500 Santa Rosa, CA ..................................... 9.1 CA Sonoma.
8720 Vallejo-Fairfield- Napa, CA ................. 17.1 CA Napa; CA Solano

Non-SMSA Counties .......................................... 23.2 CA Lake; CA Mendocino;
CA San Benito.

177 Sacramento, CA:

SMSA Counties:
6920 Sacramento, CA. ................................... 16.1 CA Placer; CA Sacramento;
CA Yolo.

Non-SMSA Counties. ......................................... 14.3 CA Butte; CA Colusa;
CA El Dorado; CA Glenn;
CA Nevada; CA Sierra;
CA Sutter; CA Yuba.

178 Stockton-Modesto, CA:

SMSA Counties:
5170 Modesto, CA ......................................... 12.3 CA Stanislaus.
8120 Stockton, CA ........................................ 24.3 CA San Joaquin.

Non-SMSA Counties .......................................... 19.8 CA Alpine; CA Amador;
CA Calaveras; CA Mariposa;
CA Merced; CA Tuolumne.

179 Fresno-Bakersfield, CA:

SMSA Counties:
0680 Bakersfield, CA .................................... 19.1 CA Kern.
2840 Fresno, CA ............................................ 26.1 CA Fresno.

Non-SMSA Counties .......................................... 23.6 CA Kings; CA Madera;
CA Tulare.

180 Los Angeles, CA:

SMSA Counties:
0360 Anaheim-Santa Ana-Garden
Grove, CA. .................................................. 11.9 CA Orange.
4480 Los Angeles-Long
Beach, CA ................................................... 28.3 CA Los Angeles.
6000 Oxnard-Simi Valley-
Ventura, CA ................................................ 21.5 CA Ventura.

Form 1273 — Revised 3-95
08-07-95

FR-13

Local Assistance Procedures Manual

A-42

6780 Riverside-San Bernardino-
Ontario, CA. ............................................... 19.0 CA Riverside;
CA San Bernardino.
7480 Santa Barbara-Santa Maria-
Lompoc, CA ............................................... 19.7 CA Santa Barbara.

Non-SMSA Counties .......................................... 24.6 CA Inyo; CA Mono;
CA San Luis Obispo.

181 San Diego, CA:

SMSA Counties
7320 San Diego, CA...................................... 16.9 CA San Diego.

Non-SMSA Counties .......................................... 18.2 CA Imperial.

In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is performed, employment data as contained under Form FHWA PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon.

Form 1273 — Revised 3-95
08-07-95

FR-14
Local Assistance Procedures Manual
A-43
(To be used, when applicable, in Federal-aid projects)
*Insert number of trainees.

36. FEDERAL REQUIREMENT TRAINING SPECIAL PROVISIONS
________________________________________________________________________________________________

FEDERAL REQUIREMENT TRAINING
SPECIAL PROVISION . -- As part of the
Contractor’s equal employment opportunity affirmative
action program, training shall be provided as follows:

The Contractor shall provide on -the-job training to
develop full journeymen in the types of trades or job
classification involved.

The goal for the number of trainees or apprentices to be trained under the requirements of this special provision will be 8.

In the event the Contractor subcontracts a portion of the contract work, he shall determ ine how many, if any, of the trainees or apprentices are to be trained by the subcontractor, provided however, that the Contractor shall retain the
primary responsibility for meeting the training requirements imposed by this special provision. The Contractor shall also ensure that this Training Special Provision is made
applicable to such subcontract. Where feasible, 25 percent of trainees or apprentices in each occupation shall be in their first year of apprenticeship or training.

The number of trainees or apprentices shall be
distributed among the work classifications on the basis of the Contractor’s needs and the availability of journeymen in the various classifications within a reasonable area of
recruitment. Prior to commencing work, the Contractor shall submit to the Department for approval the number of
trainees or apprentices to be trained in each selected
classification and training program to be used. Furthermore, the Contractor shall specify the starting time for training in each of the classifications. The Contractor will be credited for each trainee or apprentice employed by him on the
contract work who is currently enrolled or becomes enrolled in an approved program and will be reimbursed for such
trainees or apprentices as provided hereinafter.

Training and upgrading of minorities and women
toward journeymen status is a primary objective of this Training Special Provision. Accordingly, the Contractor shall make every effort to enroll minority and women
trainees or app rentices (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees or apprentices) to the extent such persons are available within a reasonable area of recruitment. The Contractor will be responsible for
demonstrating the steps that he has taken in pursuance
thereof, prior to a determination as to whether the Contractor is in compliance with this Training Special Provision. This training commitment is not intended, and shall not b e used, to discriminate against any applicant for training, whether a member of a minority group or not.

No employee shall be employed as a trainee or
apprentice in any classification in which he has successfully completed a training course leading to journeyman status or in which he has been employed as a journeyman. The
Contractor should satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used the Contractor’s records should document the findings in each case.

The minimum length and type of training for each
classification will be as established in the training program selected by the Contractor and approved by both the
Department and the Federal Highway Administrat ion. The Department and the Federal Highway Administration will
approve a program if it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee or apprentice for
journeyman status in the classification concerned by the end of the training period. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with the State of California, Department of Industrial Relations, Division of
Apprenticeship Standards recognized by the Bureau and
training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration,
Bureau of Apprenticeship and Training shall also be
considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal-aid highway construction contracts. Approval or acceptance of a training program shall be obtained from the State prior to commencing work on the cla ssification
covered by the program. It is the intention of these
provisions that training is to be provided in the construction crafts rather than clerk -typists or secretarial -type positions.

Training is permissible in lower level management positions such as office engineers, estimators, timekeepers, etc., where the training is oriented toward construction applications.

Training in the laborer classification may be permitted provided that significant and meaningful training is provided and approved by the division office.

Some offsite training is permissible as long as the
training is an integral part of an approved training program and does not comprise a significant part of the overall training. Except as otherwise noted below, the Contractor will be reimbursed 80 cents per hour of training given an employee on this contract in accordance with an approved training program. As approved by the Engineer,
reimbursement will be made for training of persons in
excess of the number specified herein.

F-15

A-44

This reimbursement will be made even though
the Contractor receives additional training program
funds from other sources, provided such other source
does not specifically prohibit the Contractor from
receiving other reimbursement. Reimbursement for
offsite training indicated above may only be made to
the Contractor where he does one or more of the
following and the trainees or apprentices are
concurrently employed on a Federal-aid project;
contributes to the cost of the training, provides the
instruction to the trainee or apprentice or pays the
trainee’s or apprentice’s wages during the offsite
training period.

No payment shall be made to the Contractor if
either the failure to provide the required training, or the failure to hire the trainee or apprentice as a
journeyman, is caused by the
Contractor and evidences a lack of good faith on
the part of the Contractor in meeting the requirements
of this Training Special Provision. It is normally
expected that a trainee or apprentice will begin his
training on the project as soon as feasible after start of work utilizing the skill involved and remain on the
project as long as training opportunities exist in his
work classification or until he

has completed his training program. It is not required that all trainees or apprentices be on board for the
entire length of the contract. A Contractor will have
fulfilled his responsibilities under this Training
Special Provision if he has provided acceptable
training to the number of trainees or apprentices
specified. The number trained shall be determined on
the basis of the total number enrolled on the contract
for a significant period.

Only trainees or apprentices registered in a
program approved by the State of California’s State
Administrator of Apprenticeship may be employed on
the project and said trainees or apprentices shall be paid the standard wage specified under the regulations of the craft or trade at which they are employed.

The Contractor shall furnish the trainee or
apprentice a copy of the program he w ill follow in
providing the training. The Contractor shall provide
each trainee or apprentice with a certification showing the type and length of training satisfactorily completed.

The Contractor will provide for the
maintenance of records and furnish periodic
reports documenting his performance under this
Training Special Provision

FR-16

ACTION ITEM 9.E.

DATE: July 9, 2024
TO: Mayor and Members of the City Council
FROM: Stephanie Sifuentes, Human Resources Director
SUBJECT: ADOPT RESOLUTIONS: (1) APPROVING A SUCCESSOR MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF VALLEJO AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245 (IBEW); AND (2) PROVIDING NOTICE OF INTENT TO AMEND THE FY 2024-2025 BUDGET AND APPROVE A SALARY PLAN AMENDMENT (STEP 1)

RECOMMENDATION
Adopt resolutions: 1) Approving a Successor Memorandum of Understanding between the City of Vallejo and the International Brotherhood of Electrical Workers, Local 1245 (IBEW), and (2) providing notice of intent to amend the City's Fiscal Year 2024-2025 Adopted Budget and amend the Salary Plan.

REASONS FOR RECOMMENDATION
The memorandum of Understanding between the City of Vallejo and CAMP expired on June 30, 2024. The City and IBEW have been actively engaged in negotiations and have come to a tentative agreement. IBEW members ratified this agreement on July 3, 2024. Pursuant to California Government Code 3505.1, if the parties reach a Tentative Agreement, the Council shall vote to accept or reject it within 30 days of its presentation to the Council at a publicly noticed hearing. This is the first step of the required two-step budget amendment process to amend the FY 2024-25 Adopted Budget. If the City Council approves tonight's recommendation, the final action will be scheduled for City Council's consideration on July 23, 2024.

BACKGROUND AND DISCUSSION
The current MOU between the City and IBEW expired on June 30, 2024. The parties have been engaged in negotiations and have come to a tentative agreement. IBEW members ratified this agreement on July 3, 2024, with the following key terms:

Duration Three-year (expires on June 30, 2027)
Wages (COLAs) 5% effective the first full pay period after adoption 5% effective the first full pay period following July 1, 2025 5% effective the first full pay period following July 1, 2026 Equity Adjustments 3% equity adjustments for all classes, effective the first full pay period after adoption Group Health
Insurance
Increase from 75% to 80%
Increase in Medflex (cash in-lieu) from $250/month to $400/month Uniforms Bulletproof vests for Code Enforcement Officers Boot allowance increase from $200/year to $300/year
Encampment
Differential
3% of base pay for hours worked cleaning encampments
Shift Differential Increase swing shift from 5% to 7%
Increase night shift from 7% to 10%

This first resolution approves the new Memorandum of Understanding with the substantial provision noted above. The second resolution is the first step of the required two-step budget amendment process to amend

Date: July 9, 2024
Subject: ADOPT RESOLUTIONS: (1) APPROVING A SUCCESSOR MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF VALLEJO AND THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245 (IBEW); AND (2) PROVIDING NOTICE OF INTENT TO AMEND THE FY 2024-2025 BUDGET AND APPROVE A SALARY PLAN AMENDMENT (STEP 1)