"Porch." A roofed open area that provides access to a doorway and typically extends from the exterior wall of the structure and requires ground supports.
"Pre-existing." In existence before the effective date of the ordinance updating this Zoning Code and any subsequent amendments thereto.
"Predominant, predominantly." A feature or element that is primary, prevalent, more important or noticeable than any other; typically, but not necessarily, the largest or biggest. "Premises." An area of land with its structures that, because of its unity of use, is regarded as the smallest conveyable unit.
"Primary unit." The larger of two dwelling units on a property with an accessory dwelling unit (ADU). "Primary use." A primary, principal or dominant use established, or proposed to be established, on a lot and occupies at least seventy percent of the gross floor area of the tenant space or building. "Principal residence." The dwelling unit in which a person lives the majority of the time or which is considered his/her primary residence as determined by factors that may include but are not limited to the address used on voting registration, driver's license, income tax forms, and passport. "Private facilities." Facilities operated by an organization and open only to bona fide members of such organization.
"Produce store." A retail food store where a majority of the floor area is used for selling fresh fruits and vegetables, fresh and frozen meats, fish, and poultry as well as other items intended for home preparation and consumption.
"Project." Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure or use, that is subject to the provisions of this Zoning Code. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act. "Public facility." A facility operated by a public or quasi-public agency or organization that are open to the general public. An admission fee may be required, and hours of operation limited. "Public hearing." A meeting noticed as required by the Zoning Code in which testimony and arguments are presented publicly before any of the hearing bodies established by this code including commissions, boards, city council, or staff approval authority.
"Public market." Indoor and or outdoor retail year round use with multiple food vendors that are owner- operated shops, stalls, and/or day-tables. The market may include a food hall with independent purveyors with common seating area. The public market may sell in season, fresh and farm products, artisan, crafts, limited production products. The public market may be owned and operated by public or non-profit entities. May include a farmer's market and chain stores and franchises, which are an accessory to independent purveyors. "Public right-of-way." A street, including adjacent sidewalks, providing the principal means of access to abutting property and dedicated to, or maintained by, the city; or a street providing the principal means of access to abutting property and with right-of-way or easement, and paved and otherwise improved to meet city standards or planned to be improved to city standards.
"Public safety facility." A facility for public safety and emergency services, including police and fire protection, with incidental storage, training and maintenance facilities. This use includes facilities used by the National Guard or the Military Reserve.
"Public services." Includes, but is not limited to, water, sewer, gas, cable television, communications and electric power distribution lines.
"Quick-service restaurant (QSR)." An establishment serving food and beverages prepared on-site where customers may order full meals from a walk-up counter or drive-through facility for either on- or off-site consumption. Generally referred to as fast-food restaurant. "Real estate office within a subdivision." A temporary real estate office and other permitted uses for the first sale of dwellings and lots within a recorded subdivision. "Rear lot line." The lot line that is opposite and most distant from the front lot line. Where no lot line is within forty-five degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.
"Rear yard." A yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified for the zoning district in which it is located. If a lot has no rear lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.
"Reasonable accommodation." Any deviation requested and/or granted from the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures under provisions of federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law. "Reclassification of land." An amendment to the zoning map, which amendment changes the classification of any property from one zoning district to another zoning district provided for in the Zoning Code. "Recreation facilities." Indoor or outdoor establishments or places where participants can engage in sports, have contact with the natural or historical environment, obtain visual relief from developed areas, or partake of or other activities for exercise and/or enjoyment. Spectators are incidental on a recurring basis. "Recreational vehicles." A vehicle which is built on a single chassis or capable of being placed in or on a vehicle; designed to be self-propelled or towable by a light duty truck; and designed primarily for use as temporary living quarters for recreational, camping, travel or seasonal use. The basic entities are travel trailer, camping trailer, truck or van camper, tent trailer and motor home, or trailer-borne recreation equipment with or without motive power, for recreational, travel or emergency purposes as defined in Sections 18009 and 18010 of the California Health and Safety Code.
"Recreational vehicle sales." An establishment that sells, rents and/ or leases motor homes, trailers, and boats, including incidental storage, installation of accessories and maintenance. This includes facilities that repair or service recreational vehicles.
"Recreational vehicle storage." On-site parking of recreational vehicle(s) on a parking space approved for a recreational vehicle and that is separate from the required off-street parking provided. "Recreational vehicle storage, private." Recreational vehicle storage that is owned and operated by an individual homeowner or homeowners' association and used exclusively by the homeowner or members of that association.
"Recreational vehicle storage, public." Recreational vehicle storage that is provided for use by the general public.
"Recyclable material." Reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, re-manufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code.
"Recycling facilities." A collection facility for recycling materials including glass, metal, paper products and other materials as may be determined by the director. This use includes donation collection facilities, mobile recycling units, reverse vending machines and small and large collection facilities. "Recycling facility, large." A recycling facility over seven hundred square feet for the drop-off or deposit of recyclable materials. These uses may be indoor or outdoor and may include mobile recycling units, storage bins, and required enclosures and reverse vending machines collectively over seven hundred square feet. "Recycling facility, small." A recycling facility of seven hundred square feet or less for the deposit or drop-off of CRV recyclable materials. These uses may be indoor or outdoor and include mobile recycling units, storage bins, and required enclosures and reverse vending machines.
"Review authority." The decision-making body or official responsible for approving, approving with conditions, or denying an application, including decisions on appeals. For example, the planning commission is the review authority over an application for a major use permit, the planning and development services director is the review authority over an application for a minor use permit. "Religious institution." A facility used primarily for religious assembly or worship and related religious activities and having a conditional use permit if required by the review authority. "Remodel." See "Alteration, major and minor".
"Research" and "development." A facility for scientific research and the design development, and testing of and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, technology components and products, and other similar uses in advance of product manufacturing. This classification includes assembly of related products from parts produced off-site where the manufacturing activity is secondary to the research and development activities. It may also include offices as a secondary use. Typical uses include electronics research laboratories, space research and development firms, and pharmaceutical research labs but excludes medical testing, analysis, and product testing.
"Residential care facility." A type of care facility that is State-licensed and provides permanent living accommodations and twenty-four-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit or not-for-profit institutions including group homes for minors, persons with disabilities, people in recovery from alcohol or drug addictions, and hospice facilities. "Residential care, general." State licensed facility, family home, group care facility, or similar facility that is maintained and operated to provide twenty-four-hour nonmedical residential care for seven or more adults, children, or adults and children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual. This use includes the administration of limited medical assistance.
"Residential care, limited." State licensed facility, family home, group care facility, or similar facility that is maintained and operated to provide twenty-four-hour nonmedical residential care for six or fewer adults, children, or adults and children as-in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual and which is required by State law to be treated as a single housekeeping unit for zoning purposes. This use includes the administration of limited medical assistance. "Residential care, senior." As defined by California Health and Safety Code Section 1569.2, as it may be amended, as a housing arrangement chosen voluntarily by persons sixty years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.
"Residential land use districts." Any property within the city which is designated "Primarily Single-Family", "Mix of Housing Types/Medium Density" and "Primarily Multi-Family" on the general plan land use map. "Residential use in property zoned planned development (PD)." A planned development which contains residential units an any property within the PD zoning district as set forth on the zoning map, as it may be amended from time to time. For purposes of applying distance locational limitations in this code, only the portion of the area zoned PD actually containing residential units shall be considered the residential land use designation. "Restaurant with drive-through." Establishment where food or coffee-type beverages are purchased by motorists who remain in their vehicles during the sales transaction including drive-up service. "Restaurant, full service." Restaurant providing food and beverage services to patrons who order and are served while seated and pay after eating. Take-out service may also be provided. Full-service restaurant includes eating places authorized to sell beer, wine, and distilled spirits for consumption on-site under Type 47 Department of Alcoholic Beverage Control license and eating places that are authorized to sell beer and wine under a Type 41 License.
"Restaurant, limited service." Establishment where food and beverages are consumed on the premises, taken out, or delivered, and where limited table service is provided. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food restaurants, quick service restaurants/fast-food establishments, sandwich shops, limited-service pizza parlors, self-service restaurants, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. "Retail sales." The purchase of finished goods and services by consumers and businesses. "Reversed corner lot." A corner lot, the rear of which abuts a key lot. "Reversed frontage lot." A double-frontage lot for which the boundary along one of the streets is established as the front lot line and the boundary along the other street is established as the rear lot line. "Ridesharing." Any mode of transportation other than a single occupancy vehicle that transports one or more persons to a worksite.
"Rooming house" and/or "boardinghouse." A building or portion thereof, other than a hotel or motel, providing room and/or board for compensation with or without meals. "Salvage" and "wrecking." Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods, including, but not limited to any used building materials, used containers or steel drums, used tires, and similar or related articles or property. "School." Any institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education and has an approved conditional use permit, if required, under the applicable jurisdiction.
This definition includes nursery schools, kindergartens, elementary schools, junior high schools, senior high schools, or special institutions of learning under the jurisdiction of the state department of education. The definition of school does not include a vocational institution. "Screening." A wall, fence, hedge, informal planting, or berm provided for the purpose of buffering a building or activity from neighboring areas, different land uses, visual impacts, or from the street. "Section 6409." Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112- 96, 126 Stat. 156, codified as 47 USC Section 1455(a), as may be amended. "Security grate." A metal grate that rolls up over, or slides across, a window or door to provide protection against unwanted entry. It also can be a fixed metal fixture over window openings.
"Senior citizen housing development." A residential development with at least thirty-five dwelling units, meeting the definition of a senior citizen housing development set forth in California Civil Code Section 51.3. "Senior citizen." As defined in California Civil Code Section 51.3, a person sixty-two years of age or older, or fifty-five years of age or older who may occupy a senior citizen housing development. "Senior housing." Residential development designed for senior citizen households. Any age restrictions must be consistent with federal and state requirements.
"Sensitive land use." A residence, public or private school, public library, public or private park, public or private playground, or religious institution, where minors would likely be present. "Service stations." An establishment engaged in the retail sale of vehicle and equipment fuel, lubricants, parts and accessories. These uses include service stations with convenience stores, self-service auto washes and facilities having service bays for vehicle service and repair. The service and repair may include incidental maintenance and repair of automobiles and light trucks but shall not include maintenance and repair of large trucks, or body and fender work or automobile painting on any vehicles. Light auto/vehicle/equipment repair is allowed here but not heavy as described above.
"Service stations, full service." A service station that has one or more service bays. "Service stations, minimum service." A service station that has no service bays. "Setback." The minimum or maximum distance that is required between a building or building feature and a property line, right-of-way, shoreline or other place or line the Zoning Code or other ordinances establishes to govern the placement of structures.
"Shared parking." An arrangement in which multiple uses with different peak parking demand periods use the same off-street parking spaces.
"Shopkeeper unit." A dwelling unit located above and with an internal connection to a ground floor commercial space that is operated by the resident of the dwelling unit and meets applicable occupancy separation requirements of the California Building Code. This use type is distinguished from a live-work unit. "Side lot line." Any lot line that is not a front or rear lot line. "Sign copy." The visually communicative elements mounted on a sign. Also called copy. "Sign." A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide information in the nature of advertising, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product. "Significant tree." Any tree or stand of trees on private property having either a height of twenty-five feet measured above ground level, or a diameter of ten or more inches. "Signs, abandoned." A sign that no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed.
"Signs, awning." A sign copy or logo attached to or painted to the outside surface of an awning. "Signs, cabinet." A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be internally illuminated. Also called a can or panel sign. "Signs, construction." A temporary sign announcing/describing a construction project, architect, builder/developer, engineer, etc. in words and/or drawings.
"Signs, directional." An exterior on-site sign that directs or guides pedestrian and/or vehicular traffic and which does not include general advertising for hire but may direct persons to specific locations of public facilities or parts of an establishment that have separate exterior entrances. Examples include accessible parking, one-way, exit, entrance, rest rooms, emergency room, garage, underground utilities, and such similar functions. Also called directional signage.
"Signs, flag." A piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol, which is capable of movement, or fluttering in moving air or wind. "Signs, freestanding." A sign supported by structures or supports that are placed on, or anchored in, the ground and which are structurally independent from any building including "monument signs," "pole signs," "pylon signs," and "ground signs."
"Signs, freeway oriented." A sign that orients primarily to the traveling public using a freeway or expressway and installed for the purpose of identifying major business locations within certain commercial zoning districts in close proximity to a freeway or expressway.
"Signs, illuminated (indirect/internal illumination)." A sign that is illuminated with an artificial source of light.
An indirectly illuminated sign is a sign whose light source is external to the sign and which casts its light onto the sign from some distance. An internally illuminated sign is a sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.
"Signs, monument." A low-profile freestanding sign erected upon or supported solely by a planter, pedestal base, or similar ground structure approximately the same width as the sign and which is designed to incorporate the architectural theme and building material of the building on the premises. Internal supports, open braces, poles or pylons, if any, are enclosed by decorative covers or otherwise not exposed to view. "Signs, off-site." A sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premises as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premises, does not constitute the principal item for sale or manufactured on the premises. The on-site/off-site distinction does not apply to non-commercial messages. This includes billboards. Contrast: on-site sign.
"Signs, on-site." A sign identifying a use, facility, service, or product which is located, sold, or manufactured on the same premises as the sign. The on-site/off-site distinction does not apply to non-commercial messages.
Contrast: off-site sign.
"Signs, permanent." A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
"Signs, pole (pylon sign)." An elevated freestanding sign that is supported by one or more exposed poles or columns that are permanently attached directly into or upon the ground. "Signs, portable." A freestanding sign that is not permanently affixed, anchored or secured to either the ground or a structure on the property it occupies.
"Signs, projecting." A building wall sign, the surface of which is not parallel to the face of the supporting wall and which is supported wholly by the wall.
"Signs, real estate for sale" or "lease." A temporary sign that advertises the sale, lease or rental of the property but not including temporary subdivision signs or signs on establishments offering transient occupancy such as hotels, motels, and inns.
"Signs, roof." A sign constructed upon or over a roof or placed so as to extend above the edge of the roof.
"Signs, temporary." A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboring property. Temporary signs do not include portable signs. "Signs, tenant." A sign that identifies a tenant, occupant, or establishment whether residential or commercial on the site. A multi-tenant sign displays the names of each tenant, occupant, or establishment whether residential or commercial on the site.
"Signs, wall (wall-mounted sign)." A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall. "Signs, window." A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign which faces a window exposed to public view and is located within five feet of the window. "Single occupancy vehicle." A privately-operated motor vehicle whose only occupant is the driver, including for hire vehicles with one passenger.
"Single room occupancy." A facility providing dwelling units where each unit meets the requirements of California Health and Safety Code Section 17958.1 as an efficiency unit or guest room. The unit may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer. "Single-unit dwelling, attached." A dwelling unit that is designed for occupancy by one household located on a single lot that does not contain any other unit (except an accessory dwelling unit, where permitted) and is attached through common vertical walls to one or more dwellings on an abutting lot; sometimes called a "townhouse" or "zero-lot line" development.
"Single-unit dwelling, detached." A dwelling unit that is designed for occupancy by one household, located on a single lot that does not contain any other dwelling unit (except an accessory dwelling unit, where permitted), and not attached to another dwelling unit on an abutting lot. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code. "Single-unit residential." A building containing one dwelling unit located on a single lot. These include mobile homes and manufactured housing installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code.
"Site." A continuous area of land used comprised of one or more lots intended for a use or group of uses. "Site, wireless facility." As defined by the FCC in 47 CFR Section 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower, any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
"Skilled nursing facility." A facility or a distinct part of a hospital that provides continuous skilled nursing care and supportive care to patients whose primary need is for the availability of skilled nursing care on an extended basis. It provides twenty-four-hour inpatient care and, as a minimum, includes physician, nursing, dietary, pharmaceutical services and an activity program. Intermediate care programs that provide skilled nursing and supportive care for patients on a less-than-continuous basis are classified as skilled nursing facilities. "Small lot development." A residential project with a detached single-unit structure or structures, or attached townhouse units with separate walls that abut or are separated by a smaller amount of space on lots that are smaller than conventional single-unit development.
"Small wireless facilities (small cell wireless facilities)." As defined by the FCC in its "Declaratory Ruling and Third Report and Order" adopted September 26, 2018, encompasses facilities that meet the following conditions:
Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR Section
1.1320(d); or Are mounted on structures no more than ten percent taller than other adjacent structures; or Do not
extend above existing structures on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater; Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 CFR Section 1.1320(d)), is no more than three cubic feet in volume; All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight cubic feet in volume; The facilities do not require antenna structure registration under 47 CFR Part 17; The facilities are not located on tribal lands, as defined under 36 CFR Section 800.16(x); and The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR Section
1.1307(b).
"Social services center." Facility providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less-than-twenty-four-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (See adult day care and early education facility), clinics (see clinic), and emergency shelters providing twenty-four-hour or overnight care (see emergency shelter).
"Specified anatomical areas." Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct even if completely and opaquely covered: Human genitals, pubic region; buttock; or female breast below a point immediately above the top of the areola; or human or simulated male genitals in a discernible turgid state even if completely and opaquely covered.
"Specified sexual activities." Human genitals in a state of sexual stimulation or arousal; and/or acts of human masturbation, sexual stimulation or arousal; and/or use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or masochism, erotic or sexually oriented torture, beating, or the infliction of pain; and/or human excretion, urination, menstruation, vaginal or anal irrigation; and/or fondling or erotic touching of human genitals, pubic region, buttock, or female breast. "Stable." A building for the lodging and care of horses, ponies, and similar animals. "Stable, commercial." A stable for horses to be let, hired, kept, bred, trained, or used for compensation. "Stable, private." A stable owned and operated by the owner or an occupant of the property for his or her own use.
"Stoop." A staircase, typically smaller than a deck, porch or patio that provides access to a building entry. "Storage, outdoor." Storage of vehicles or commercial goods or materials that are not contained within a building. Typical uses include monument or stone yards, grain elevators or open storage yards. "Story." That portion of a building between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
"Street." A public or private thoroughfare providing a primary means of access to property. "Street frontage." The length of the property line of any one premises parallel to and along the public right- of-way that it borders, and which is identified by an officially assigned street address. "Street side lot line." Any side lot line that abuts a public street. "Street side yard." A yard extending along the street side of a corner lot from the front lot line to the rear lot line, and to a depth specified for the zoning district in which it is located and measured inward from the street side lot line.
"Street tree." Any tree of any species or size planted in parkways, sidewalk areas, easements, and rights-of- way granted to the city.
"Street wall." All contiguous walls of a building whose overall limits comprise the building facade. "Structural alterations." Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders, including the creation, enlargement, or removal of doors or windows and changes to a roofline or roof shape. See "Alterations, major and minor". "Structure height." The vertical distance between a point or all points on top of a structure or any of its appurtenances and the ground below.
"Structure, accessory." A detached subordinate structure used only as incidental to the main structure on the same lot. "Accessory structure" shall not mean an Accessory Dwelling Unit (ADU), as defined in this Zoning Code. "Structure, detached." A structure, no part of which is attached by any means to any other structure. "Structure, existing." A structure erected prior to the effective date of the Zoning Code, or one for which a valid legal building permit has been issued prior to this effective date of the Zoning Code. "Structure, non-conforming." See "Non-conforming Structure". "Structure, primary (structure, main)." A structure housing the principal use of a site or functioning as the principal use.
"Structure, temporary." A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
"Structure." A physical structure that is manufactured, built or constructed, an edifice or building of any kind, or any place of work artificially built up or composed of parts joined together in some definite manner. "Subdivider." Any person who 1) having an interest in land causes it, directly or indirectly, to be divided into a subdivision, or 2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel site, unit, or plat in a subdivision, or 3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unity, or plat in a subdivision; and who is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing. "Substantial change, wireless facility." As defined by the FCC in 47 CFR Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). This definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location. The collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or The proposed collocation or modification increases the overall height more than ten percent or the height of one additional antenna array not to exceed twenty feet (whichever is greater); or For towers in the public rights- of-way and for all base stations, a substantial change occurs when: The proposed collocation or modification increases the overall height more than ten percent or ten feet (whichever is greater); or The proposed collocation or modification increases the width more than twenty feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site. The proposed collocation or modification involves excavation outside the area in proximity to the structure or other transmission equipment already deployed on the ground. The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are ten percent larger in height or volume than any existing ground-mounted equipment
cabinets; or The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets, or excavation that is inconsistent with the thresholds for a substantial change described in this subsection. "Supportive housing." Housing with no limit on length of stay that is occupied by the target population and is linked to an on-site or off-site service that assists supportive housing residents in retaining housing, improving their health status, and maximizing their ability to live independently. "Swap meet." The display, exchange, barter or sale of new or used common household items or office equipment and furnishings, clothing, personal effects, household furnishings and household appliances at an approved location. These include both indoor and outdoor swap meets, conducted on either a permanent or recurring basis. Also known as a flea market.
"Target population." Persons with low incomes who have one or more disabilities including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. "Tasting room, accessory." A space for on-site tasting of alcoholic beverages and retail sales that is licensed by the California Department of Alcoholic Beverage Control and operated within a winery, micro-brewery/micro- distillery, grocery store, large format liquor store or wine shop but not within a liquor store or a convenience store or mini-market associated with fuel sales.
"Tasting room/wine bar, stand-alone." An establishment or place within a winery or brewery or other premises or a separate establishment licensed by the state department of alcoholic beverage control where wine, beer, and other alcoholic beverages produced, grown, or processed on the same site or off-site are offered for sale or without charge to members of the public. Food may also be served. Tasting rooms may be established and operated by a single winery or brewery or collectively by a group of producers. "Telecommuting." Any employee(s) working at home, off-site, or at a telecommuting center for a full workday, eliminating the trip to work or reducing travel distance by more than fifty percent. "Temporary real estate sales office." A temporary real estate sales office within the area of an approved development project, solely for the first sale of units, approved as part of the overall project. "Temporary use." A use of a building or property that is limited in duration and does not permanently alter the character or physical facilities of the premises or property. "Through lot." A lot having frontage on two parallel or approximately parallel streets. “Tobacco-Cigar Bar or Lounge.” An establishment that is open to the public and is designated for the consumption or use of tobacco products purchased on the premises or elsewhere. "Tobacco Retail Store.” Any business establishment utilized for the sale of any tobacco product. “Tobacco Retail-Major.” A Tobacco Retail Store where over 20% of retail area is dedicated to tobacco products.
“Tobacco Retail-Minor.” A Tobacco Retail Store where 20% or less of retail area is dedicated to tobacco products.
"Tobacco product."
1. Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled,
snorted, sniffed, or ingested by any other means, including but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff or snus;
2. Any electronic device that delivers nicotine or any other substances to the person inhaling from the device, that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, including but not limited to a vaporizer/vape, electronic cigarette, electronic cigar, electronic pipe, or electronic hookah;
3. Any component, part, or accessory of (1) or (2) whether or not it contains tobacco or nicotine, including but not limited to, filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces and pipes. “Tobacco Product” does not include drugs, devices, or products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act or Cannabis Products.
"Tower." As defined by the FCC in 47 CFR Section 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles (i.e., a bare, unconcealed pole solely intended to support wireless transmission equipment), mono-trees, and lattice towers.
"Townhouse." An attached, privately owned single-unit dwelling that is adjacent to another similarly owned single-unit dwelling unit/s with which it shares a common party wall having no doors, windows, or other provisions for human passage or visibility. Also called a row house. "Trail systems." This includes district/citywide pathways using public easements, rights-of-way, and natural features such as watercourses and ridgelines, providing a non-vehicular circulation system throughout the city and district to connect major facilities and points of activity and interest. Such a trail system increases the effectiveness of recreational opportunities by providing the linkage between separate facilities to create a continuous recreational network. Such a system itself also provides recreation opportunities, such as walking, jogging, bicycling, nature study, photography, and the like.
"Transit." A shared passenger transportation service, which is available for use by the general public, as distinct from modes such as taxicabs, carpools, or vanpools which are not shared by strangers without a private arrangement. Transit includes buses, ferries, trams, trains, rail, or other conveyance which provides to the general public a service on a regular and continuing basis. Also known as public transportation, public transit or mass transit.
"Transitional housing." Dwelling units with a limited length of stay that are operated under a program requiring recirculation to another program recipient at some future point in time. It may be designated for homeless individuals or families transitioning to permanent housing as defined in subdivision (h) of Section 50675.2 of the California Health and Safety Code. Facilities may be linked to onsite or offsite supportive services designed to help residents gain skills needed to live independently. This classification includes domestic violence shelters.
"Transmission equipment." As defined by the FCC in 47 CFR Section 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
"Transportation allowance." A financial incentive offered to employees instead of a parking subsidy to provide employees flexibility in mode choice. Employees are typically required to execute an agreement that they do not commute in a single-occupant vehicle in order to be eligible to receive the benefit "Transportation alternatives." Walking, bicycling, taking transit, carpooling, vanpooling, and telecommuting. "Transportation demand management (TDM)." A system designed and implemented to reduce traffic congestion, demand for parking and associated air pollution noise, fuel consumption. "Transportation management organization (TMO)." Transportation management organizations (TMOs) are city-certified organizations that provide transportation services in a particular area or citywide. They are generally public-private partnerships, consisting primarily of area businesses with local government support. TMOs provide an institutional framework for TDM programs and services. "Undevelopable land." All portions of the site that, if developed, would subject persons or property to a high level of risk for personal injury or property damage due to its proximity to a known hazard, including, but not limited to, any portion of the site within fifty feet of a cliff, or fault line, biologically sensitive areas, sites with overall slopes greater than thirty percent, sites within an unrepaired slide area or in a ravine. Areas of undevelopable land are included from calculations of net site area, allowable floor area, allowable residential units, minimum lot size, and density.
"Unenclosed." Open on at least one side.
"Urban farm." An agricultural use in an urban area, in a zoning district where urban land uses predominate.
Urban farms may be of any size, though permit requirements will differ. Community gardens, community- supported agriculture farms, and private farms are all considered urban farms. "Urban villages." An area in a mixed-use corridor that is served by public transit and provides a combination of retail shops and services as well as spaces and facilities for civic uses catering to the daily needs of residents who live in mixed-use buildings in the village and in the surrounding residential neighborhoods. Urban villages are intended to accommodate pedestrians and cyclists.
"Use." The purpose for which land, premises or structure thereon is designed, arranged, or intended, or for which it is or may be occupied or used.
"Use classification." A system of classifying uses into a limited number of use types based on common functional, product, or compatibility characteristics (e.g., residential, retail, commercial and office; institutional and community facilities, industrial, and transportation, communication, and utilities). "Use permit." A discretionary permit, such as minor use permit, or major use permit, that provides for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, that are not permitted by right but may be approved upon completion of a review process and, where necessary, the imposition of conditions of approval. "Use type." A category that classifies similar uses based on common functional, product, or compatibility characteristics.
"Use, non-conforming." See "Non-conforming Use".
"Utility pole." A pole or tower owned by any utility company that is primarily used to support wires or cables necessary for the provision of electrical or other utility services regulated by the California Public Utilities Commission.
"Utility, major." Generating plants, electrical substations, aboveground electrical transmission lines, refuse collection or disposal facilities, dredge disposal sites, water reservoirs, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.
"Utility, minor." A utility facility that is necessary to support a legally established use and involves only minor structures (e.g., electrical distribution lines).
"Vanpool." A van or similar motor vehicle in which seven to fifteen persons commute to and from the worksite for the majority (at least twenty-one percent) of the commute trip. "Variance." A discretionary permit allowing a departure from specific provisions of a zoning ordinance such as setbacks, side yards, frontage requirements, and lot size, but not involving the actual use or structure, thus relieving a property owner from strict adherence to development standards when some special circumstances exist which deprive the property owner from developing the property in a manner enjoyed by similar properties. "Vehicle." Any passenger car or truck, including Zero Emission Vehicles (ZEVs), used for commute purposes including any motorized two-wheeled vehicle. Vehicles shall not include bicycles, transit services, buses serving multiple worksites, or vehicles that stop only to load or unload passengers or materials at a worksite while on route to other worksites.
"Vehicle miles traveled (VMT)." A method used in transportation planning to measure the amount of travel for all vehicles in a geographic region over a given period of time, typically a one-year period. VMT is calculated as the sum of the number of miles traveled by each vehicle. "Viewing room, adult use." The room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, videocassette, digital videodisc, or other video reproduction. "Visibility triangle." A triangular area at the intersection of any two public streets or a driveway, alley, or path with a public street within which height limitation apply to structures or vegetation that may interfere with the visibility of a pedestrian, cyclist, or other vehicle operator. Also called a Sight distance triangle. "Visible." Capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road or in a public place. "Walk-in clientele office." Offices providing direct services to patrons or clients that may or may not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, private utility company offices, and offices for elected officials. It does not include banks or check- cashing facilities, which are separately classified and regulated (See Banks and Financial Institutions). "Wall." Any vertical exterior surface of building or any part thereof, including windows. "Warehouse." A building used primarily to store goods and materials. "Warehousing, storage," and "distribution." Storage and distribution facilities without sales to the public on- site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant.
"Warehousing" and "storage, indoor." Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials. This includes cold storage, draying or freight, moving and storage, and warehouses, but not the storage of hazardous chemical, mineral, and explosive materials.
"Wetlands." Marshes, swamps or other areas characterized by wet soil conditions either permanently or seasonally, which are important to sustaining wildlife and biological resources. "Wine cellar." A storage room or warehouse facility for the blending, cellar treatment, storage, bottling, and/or packaging of wine but not wine production. It may include eating areas, tasting rooms and retail areas as accessory uses.
"Wireless." Any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
"Wireless telecommunication facility." Any facility constructed, installed, or operated for wireless service, including but not limited to, antennas or other types of equipment for the transmission or receipt of such signals, telecommunication towers, or similar structures supporting such equipment, related accessory equipment, equipment buildings, and other accessory equipment. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes. "Worksite." The place of employment, base of operation, or any work location in the city of Vallejo of an employee. It includes all of the employer's buildings or facilities, including outdoor facilities. "Wrecking, towing" and "impound." The storage of operative or inoperative vehicles. These uses include storage of parking tow-aways, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling.
"Yard." An open space on a lot, other than a court on a lot, that is unoccupied and unobstructed from the ground upward.
"Yard depth." That dimension of a yard measured at a right angle and horizontally from an abutting property line.
"Yard, required." The strip of land which abuts property lines and is unoccupied or unobstructed except as permitted by the Zoning Code. Also called "setback".
"Zero lot line." A building or structure constructed at a property line. Typically, a detached single-unit dwelling or attached units such as townhomes.
CONSENT CALENDAR 8.D.
DATE: March 11, 2025
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
Ivette Iraheta, Economic Development Program Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. IN THE AMOUNT OF $10,000 TO COMPLETE THE CITY OF VALLEJO US EPA FY25
BROWNFIELDS ASSESSMENT GRANT APPLICATION AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a Resolution approving the Consultant and Professional Services Agreement with Stantec Consulting Services, Inc. in the amount of $10,000 to complete the City of Vallejo US EPA FY25 Brownfields Assessment Grants application and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
Given the success of the implementation of the 2020-21 grant from the U.S. Environmental Protection Agency (EPA), staff identified the benefit from additional U.S. EPA funding to perform environmental assessments on additional properties along the waterfront, downtown and on Mare Island. Therefore, staff solicited the services of Stantec Consulting Services, Inc. (Stantec) for the development of a new grant application. This contract will cover the cost of Stantec services for the completion and submittal of the EPA 2024 grant application.
BACKGROUND AND DISCUSSION
City staff has been working with Stantec Consulting Services Inc. (Stantec) since 2020 when Stantec assisted City of Vallejo (City) staff in developing a grant application for the EPA FY21 Brownfields Assessment Grant Program. The City was awarded $600,000 by the EPA on September 9, 2021 to conduct brownfield site assessments at specific target sites throughout the City. Stantec was awarded a contract on November 16, 2021 to assist City staff with the implementation of that grant, including performing the environmental assessments.
To date, the City has used the funds to perform environmental assessments on approximately eleven properties including Phase I and II assessments and hazardous materials surveys on parcels located on Mare Island and downtown Vallejo. Given that all funds are earmarked to complete the 2020-21 EPA grant, staff identified that additional funds could be used in the future to continue to assess additional parcels.
Stantec offered to work on the new EPA FY25 Brownfields Assessment Grants application cycle if City staff needed assistance. City staff identified Stantec as the best consultant for the scope of developing the new grant application because the firm is familiar with the City, has extensive experience with US EPA brownfields grants, and was successful in securing such a grant previously for the City. Stantec agreed to advance the work on the grant application development in good faith, given its strong relationship with the City and a fast- approaching deadline.
On September 20, 2024, Stantec provided a proposal to the City to complete the application in the amount of $10,000. Staff reviewed the scope and deemed the cost reasonable. Given that Stantec already has active
Date: March 11, 2025
Subject: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. IN THE AMOUNT OF $10,000 TO COMPLETE THE CITY OF VALLEJO US EPA FY25
BROWNFIELDS ASSESSMENT GRANT APPLICATION AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME
contracts with the City exceeding $100,000 for the current calendar year, this Agreement requires City Council approval.
Stantec worked with City staff to successfully submit an EPA Brownfields Assessment Grant application on November 14, 2024, in the amount of $500,000. The proposal envisions the City performing ongoing environmental assessments on brownfield sites in the City’s downtown, Mare Island and along the waterfront.
The City expects to receive notification of grant awards in May 2025. Should the City be successful in receiving a second grant award, the City will return to City Council with a separate contract to oversee the work funded by the new EPA FY25 grant.
FISCAL IMPACT
There is no additional fiscal impact. The contract cost will be funded by the department's existing budget.
ENVIRONMENTAL REVIEW
This action is exempt from 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 CPSA_Stantec_FY25 Grant App_CAO Stamp
2. Consultant Professional Services Agreement_Stantec_FY25 Grant App CAO Stamp
CONTACT
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]
RESOLUTION NO. 25 ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. IN THE AMOUNT OF $10,000 TO COMPLETE THE CITY OF VALLEJO US EPA FY25 BROWNFIELDS ASSESSMENT GRANT APPLICATION
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, the City of Vallejo (City) staff has been working with Stantec Consulting Services Inc. (Stantec) in the administration of U.S. Environmental Protection Administration (EPA) brownfields grants since 2020; and
WHEREAS, Stantec assisted City staff in the submittal of an EPA FY21 Brownfields Coalition Grant Program grant application in October 2020 requesting $600,000 to conduct environmental site assessment on targeted areas in the City; and
WHEREAS, on September 9, 2021, the EPA informed the City that it was awarded the EPA FY21 Brownfields Coalition Grant Program grant in the amount of $600,000; and WHEREAS, the EPA FY21 Brownfields Coalition Grant Program grant funds have been used to perform environmental assessments on sites across the City; and WHEREAS, since all EPA FY21 grant funds are earmarked to fully expend the grant, staff identified that additional funds could be used in the future to continue to assess more parcels across the City; and
WHEREAS, City staff identified Stantec as having the relevant background to assist staff in the development of a new EPA FY25 Brownfields Grant application, given Stantec’s familiarity with the City and its success in completing a previous application for the City during the EPA FY21 Brownfields grant cycle; and
WHEREAS, City staff received a proposal on September 20, 2024 from Stantec in the amount of $10,000 to complete the EPA FY25 Brownfields Grants application to request the maximum grant amount of $500,000; and
WHEREAS, City staff considered the proposal cost reasonable and worked with Stantec to complete and submit the EPA FY25 grant application by its November 14, 2024 deadline; and WHEREAS, the Economic Development Department will use available funds from its Professional Services budget to cover the cost of the scope of services in the amount of $10,000.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Consultant Professional Services Agreement with Stantec Consulting Services, Inc. in the amount of $10,000 to complete the City of Vallejo EPA FY25 Brownfields Assessment Grant application.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute said Agreement.
PASSED AND ADOPTED by the City Council of the City of Vallejo, State of California this March 11, 2025, by the following vote:
AYES:
NOES:
ABSENT:
________________________
ANDREA SORCE, MAYOR
ATTEST: ________________________
DAWN G. ABRAHAMSON, CITY CLERK
Stantec Consultant and Professional Services Agreement Page 1 of 11
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
STANTEC CONSULTING SERVICES INC.
This Consultant and Professional Services Agreement (“Agreement”) is made at Vallejo, California, dated for reference this 12th day of March, 2025, by and between the City of Vallejo, a municipal corporation (“City”), and Stantec Consulting Services Inc., a New York 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, entitled “Scope of Work.”
2. Payment. City shall pay Consultant for services rendered pursuant to this agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
The provisions of this section shall survive the expiration or termination of this Agreement.
Stantec Consultant and Professional Services Agreement Page 2 of 11
5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Consultant is an independent contractor.
Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of Stantec Consultant and Professional Services Agreement Page 3 of 11 whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.
11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.
Stantec Consultant and Professional Services Agreement Page 4 of 11
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers’ compensation insurance on behalf of Consultant.
Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
15. Consultant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
16. Term. The term of this Agreement shall commence as of September 1, 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 six months, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not Stantec Consultant and Professional Services Agreement Page 5 of 11 exceed two years.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to 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 Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
Stantec Consultant and Professional Services Agreement Page 6 of 11
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.
20. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual Stantec Consultant and Professional Services Agreement Page 7 of 11 orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City:
Gillian Haen
Assistant City Manager
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
If to Consultant:
Neil Doran
Principal
Stantec Consulting Services, Inc.
2250 Douglas Boulevard, Ste. 260
Roseville, CA 95661
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written 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 Stantec Consultant and Professional Services Agreement Page 8 of 11 executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party’s draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as “City Information”) which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to Stantec Consultant and Professional Services Agreement Page 9 of 11 any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.
A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative’s designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments Stantec Consultant and Professional Services Agreement Page 10 of 11 [SIGNATURES ON FOLLOWING PAGE]
Stantec Consultant and Professional Services Agreement Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
Stantec Consulting Services, Inc.,
a New York corporation
By: ____________________
Neil Doran
Principal
DATE: __________________
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By: ____________________
Andrew Murray
City Manager
DATE: __________________
ATTEST:
By:
Dawn G Abrahamson
City Clerk
APPROVED AS TO FORM:
By: ____________________ for
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
By: ____________________
Armond Sarkis
Risk Manager
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit A – Scope of Work
EXHIBIT A
SCOPE OF WORK
1. Representatives. The City Representative for this Agreement is:
Gillian Haen
Assistant City Manager
City Manager’s Office
555 Santa Clara Street
Vallejo, CA 94590
707-648-4163
[email protected]
The Consultant’s Representative for this Agreement is:
Neil Doran
Principal
Stantec Consulting Services Inc.
2250 Douglas Boulevard, Ste. 260
Roseville, CA 95661
510-919-0059
[email protected]
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.
2. Services to be Provided. The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.
3. Time for Performance. Consultant will complete all services by June 30, 2025.
4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit A – Scope of Work
obligations under this Agreement and shall be grounds for termination.
Key personnel are as follows: Neil Doran, PG
Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit A – Scope of Work
Exhibit A - Attachment 1
Scope of Work
Stantec will lead EPA brownfield assessment grant application preparation with appropriate support from the City. Stantec application assistance activities will include:
Working closely with City staff to obtain and review relevant background documents and conducting research to prepare various sections of the grant application.
Virtual/conference call meetings with City staff as needed throughout the grant application process.
Assisting the City in the preparation of a draft grant application that will be substantially complete two weeks prior to the submittal deadline.
Addressing City staff comments on the draft narrative prepared by Stantec and providing revised narrative for final review at least three days prior to the submittal deadline.
Assisting City staff with assembling the final application package for submittal to US EPA.
Other activities identified by Stantec and the City that will increase the likelihood of a successful application.
In addition to the activities noted above, we will work closely with the City to ensure that each section of the application meets all US EPA requirements and addresses US EPA key points of concern to ensure a complete and compelling application Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit B - Compensation
EXHIBIT B
COMPENSATION
1. Consultant’s Compensation.
A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Ten-Thousand Dollars ($10,000).
Consultant shall notify City in writing no later than thirty (30) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.
City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, in a lump sum of Ten- Thousand Dollars ($10,000) upon satisfactory completion of the services and delivery of the work product.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees’ appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises.
Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
2. 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.
3. Payments to Consultant.
Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit B - Compensation
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. Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Consultant shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to Consultant for correction. City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.
D. Request for payment shall be sent to:
Ivette Iraheta
Economic Development Program Manager
City of Vallejo Economic Development Dept.
555 Santa Clara Street
Vallejo, CA 94590
4. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.
The obligations of Consultant under this section shall survive this Agreement.
5. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit B - Compensation
6. 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.
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 bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
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 workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers’ compensation carrier 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 might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
CONSENT CALENDAR 8.E.
DATE: March 11, 2025
TO: Mayor and Members of the City Council
FROM: Naveed Ashraf, Chief Innovation Officer & IT Director SUBJECT: ADOPT A RESOLUTION APPROVING A CONTRACT WITH ACCESS SYSTEMS, INC. IN AN AMOUNT NOT TO EXCEED $567,950 FOR THE INSTALLATION OF THE SECURITY
CARD READER ACCESS SYSTEM IN VARIOUS CITY FACILITIES WITH MAINTENANCE SERVICES THROUGH 2029 AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAME
RECOMMENDATION
Adopt a Resolution approving a contract with Access Systems, Inc. in an amount not to exceed $567,950 for the installation of the security card reader access system in various City facilities with maintenance services through 2029 and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
The existing contract 22-WD064 approved by the City Council on November 9, 2021, has been fully expended and since then additional work has been identified by the staff. The proposed contract will cover this additional work. More detail below in the background and discussion section of the staff report.
BACKGROUND AND DISCUSSION
In December 2018, City staff issued a Request for Proposals (RFP) for the installation of an Identity Electronic Door Access System for City facilities. Access Systems, Inc. (ASI) was the lowest bidder and was selected as a result of various scoring elements, of which cost and experience were included. Due to ASI having the overall highest score, City staff recommended that the City Council find its selection to be in the best interests of the City. Because of the Water Department’s priority need to upgrade its locking security system, and in order to maintain efficiency, consistency, compatibility, and shared ability for IT staff to maintain a technologically secure locking infrastructure, ASI provided quotes to convert the Water Department's facilities to the City’s lock system with its many high-security automated features.
On November 9th, 2021, the City Council approved a contract with ASI to complete additional work in the Water Department and in other City facilities. That work has been completed and, since then, additional locations in the Water Department and the Police Evidence Building have been identified. Staff is recommending a new contract with Access Systems Inc. to complete the additional work identified in the scopes of work included in Exhibit A to the contract, attached. Since ASI maintains our current system as well, Staff is requesting additional maintenance funds to be allocated over the term of the contract. The card reader access system will be installed at the following locations under this contract:
1. City of Vallejo Water Department pump sites (See attached scope) $242,756
2. City of Vallejo Water Fleming Hill upgrades (See attached Scope) $112,767
3. City of Vallejo Police Evidence Building (See attached scope) $87,427
4. Maintenance and support from February 25, 2025, through October 31, 2029, $125,000
Date: March 11, 2025
Subject: ADOPT A RESOLUTION APPROVING A CONTRACT WITH ACCESS SYSTEMS, INC. IN AN AMOUNT NOT TO EXCEED $567,950 FOR THE INSTALLATION OF THE
SECURITY CARD READER ACCESS SYSTEM IN VARIOUS CITY FACILITIES WITH MAINTENANCE SERVICES THROUGH 2029 AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME
FISCAL IMPACT
There are sufficient appropriations in the adopted fiscal year 2024-2025 Water Enterprise Fund budget to cover the cost of the security access upgrades to the City's water facilities, as well as any unforeseen or unexpected expense, with no impact on the City's General Fund.
The Police evidence facilities work is funded and approved in the current budget allocation.
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities, because it authorizes minor alterations to existing public facilities and structures and involves negligible or no expansion of use.
ATTACHMENTS
1. Resolution Approving Access Systems Agrmt._CAO Stamp
2. Access Systems, Inc. Agreement 03112025_CAO Stamp
3. Exhibit A - Access Systems, Inc. Contract
4. Performance and Labor and Materials Bonds
CONTACT
Naveed Ashraf, Chief Innovation Officer & IT Director (707) 648-5200 [email protected]
RESOLUTION NO. 25-_____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A CONTRACT WITH ACCESS SYSTEMS INC., IN AN AMOUNT NOT TO EXCEED $567,950
FOR THE INSTALLATION OF THE SECURITY CARD READER ACCESS SYSTEM IN VARIOUS CITY FACILITIES WITH MAINTENANCE SERVICES THROUGH 2029 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, City of Vallejo uses Access System, Inc. as its security card reader access vendor and contractor; and
WHEREAS, Access System, Inc. was selected through an RFP in 2018; and
WHEREAS, the City has been installing the security card reader access system in all City facilities for enhanced security as funds became available and needs are identified; and
WHEREAS, Staff has identified a need for enhanced security access at the Fleming Hill Water Department facility, 17 Water pump stations, and the Police Evidence building; and
WHEREAS the total cost of the contract for this work is $567,950 and includes installation in all of the above listed locations and maintenance for the entire system as issues arise and repairs are needed through October 31, 2029.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the contract with Access Systems, Inc. in an amount not to exceed $567,950 for the installation of the security card access system in various City facilities with maintenance services through 2029.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute said Contract, with modifications as recommended by the City Attorney.
Adopted by the City Council of the City of Vallejo at a regular meeting held on March 11, 2025 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ANDREA SORCE, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CITY OF VALLEJO
CONTRACT
FOR
ACCESS CONTROL FOR CITY FACILITIES
THIS CONTRACT (“Contract”) is made and concluded March 12, 2025, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, hereinafter called “City”, and Access Systems, Inc., a California corporation, hereinafter called “Contractor.”
WHEREAS, the City requested and Contractor provided, a proposal to install access control in certain portions of City property; and
WHEREAS, Contractor has previously provided equipment installation services to the City; and
WHEREAS, City and Contractor now desire to enter into a Contract for the performance of said work.
NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:
1. SCOPE OF WORK
The work to be done, in general terms, consists of:
Furnishing all labor, materials, tax, equipment, incidentals and services for the installation:
new card readers at 202 Fleming Hill Rd.; new access control equipment at 555 Santa Clara Street for the Evidence Building and 17 pump stations throughout the City; and maintenance and support of the City’s Identiv access control system.
The Contractor shall provide all labor tools, and materials for a complete and working project in conformance with the Contract Documents.
The following documents constitute the Contract Documents:
(a) This Contract;
(b) City of Vallejo Short Form General Conditions;
(c) City of Vallejo Regulations and Standard Specifications for Public Improvements December 2011 edition;
(d) All Change Orders;
(e) Contractor’s proposals, Scope of Work and Total Cost for (i) Evidence Access Control Additions; (ii) City of Vallejo Water Card Reader Additions; (iii) Pump Stations Access Control; and (iv) Access Control Maintenance & Service, attached hereto as Exhibit A.
2. TERMS AND CONDITIONS
This Contract consists of the Contract Documents identified in subsections (a) through (g) of Section 1 above, all of which are incorporated herein by reference as though set forth in full, and all of which are part of this Contract, and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with the Contract Documents, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship nor material be in strict accordance with the Contract Documents.
Contractor agrees to receive and accept the prices set forth in its proposal in the sum of FIVE HUNDRED SIXTY-SEVEN THOUSAND NINE HUNDRED FIFTY DOLLARS AND ZERO CENTS as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, in the manner and according to the Contract Documents.
By my signature as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
Pursuant to Section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. The Contractor shall forfeit, as penalty to the City, One Hundred Dollars ($100.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code. City shall pay Contractor the sums set forth in its in accordance with all of the terms and conditions of the Contract Documents.
The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full and shall govern the substitution of securities and/or escrow account.
The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year shown below the name of each of the parties.
ACCESS SYSTEMS, INC.
a California corporation
By: ________
Brandon Herd
President
DATE: ____________________
___
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By: __
Andrew Murray
City Manager
DATE: __
ATTEST:
By:____________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO FORM
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
CITY OF VALLEJO
SHORT FORM GENERAL CONDITIONS
1. BASIC DEFINITIONS:
(a) "Bidder" means the person or entity that submits a bid to the City. (b) "Change Order" shall refer to a written agreement on the City’s form, modifying the Contract. The Contract may not be modified, and the Contract Sum or Contract Time may not be increased, excepting by Change Order, excepting that if Exhibit A sets forth unit quantity prices in contrast to a single lump-sum price, then the Contract Sum may be increased or decreased by the City directing the Contractor to perform more or less units of work. (c) "Construction Change Directive" (C.C.D.) shall refer to a written directive, signed by City, directing Contractor to perform and/or omit certain work as specified within the Construction Change Directive. The Contractor shall promptly comply with the Construction Change Directive and promptly perform and/or omit the work specified in the Construction Change Directive.
(d) "Contract Sum" means the total compensation specified in Exhibit A to be paid to Contractor.
(e) "Contract Time" means the number of days set forth in the Notice of Invitation for Informal Bids within which the full completion of all of Contractor's work must be achieved.
(f) The term "Contractor" means the person or firm identified as such in the Contract, or its authorized representative.
(g) The term "day" means calendar day unless otherwise specified. (h) The term "City" or “Owner” means the City of Vallejo.
2. Intentionally deleted.
3. TESTING AND EXAMINATION OF THE SITE OF WORK AND THE CONTRACT DOCUMENTS: Testing or investigations of subsurface conditions or any other conditions by the City or its agents, are made for the purpose of design, and the City assumes no responsibility whatsoever with respect to the sufficiency or accuracy of testing or investigations, or of the interpretation thereof, and there is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unanticipated conditions may not occur. When reports of testing or investigation is made available to Bidders or Contractor or included in the Contract Documents, it is expressly understood and agreed that said reports do not constitute a part of the Contract and represents only an opinion of the City as to the character of the materials to be encountered and is made available or included in the Contract Documents only for the convenience of the Bidders. Bidders must satisfy themselves, through their own testing and investigation, as to conditions to be encountered.
In the performance of other public works projects, the City has encountered numerous site conditions including but not limited to contaminated materials, hazardous materials, ground water, unstable soils, unstable fills, abnormally hard/soft subsurface conditions, asbestos, lead paint, hydrocarbons, archeological sites, human remains, existing or abandoned utilities, and others, any or all of which the parties to this Contract contemplate may be found on the site of the project.
Prior to submitting a bid proposal, each Bidder and subcontractor regardless of tier, shall completely investigate and test the site of the work and completely examine the Contract Documents, and shall satisfy itself as to all aspects of the work, requirements of the project and character, quality, and quantity of the surface and subsurface materials or obstacles to be encountered in its work. If a Bidder or subcontractor needs additional time to complete its investigation and testing of the site or other prebid obligations set forth in these Contract Documents, they must notify the City in writing, via certified or registered mail, no less than ten workdays before the bid opening date, to request additional time. The written request must include an estimate of the amount of additional time required. The submission of a Bid Form shall be conclusive evidence that: The Bidder and each subcontractor regardless of tier has satisfied itself through its own examination, investigation and testing as to the conditions to be encountered; the character, quality, and scope of work to be performed; the materials and equipment to be furnished; and that the Bidder’s proposal and the Contract Sum includes full compensation for the acceptance of the risk of differing site conditions and all conditions that may be encountered by Contractor.
Bidders, Contractor and all subcontractors, regardless of tier, shall immediately inform the City in writing of any errors or omissions discovered in the Contract Documents.
4. DIFFERING SITE CONDITIONS: After award of the Contract, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing, of any:
(1) Material that the contractor believes may be material that is hazardous waste, defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in the Contract Documents.
In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
5. PAYMENT AND PERFORMANCE BONDS: Within ten (10) days of Contractor's receipt of Contract from City, the Contractor shall furnish corporate surety bonds to the benefit of the City, on the forms provided by City, issued by a surety company acceptable to the City and authorized and admitted to do business in the State of California, as follows:
A. Faithful Performance Bond In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the Contractor's faithful performance of all covenants and stipulations of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of sections 2819 and 2845 of the Civil Code of the State of California.
B. Payment Bond In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the payment of wage, and bills contracted for materials, supplies, or equipment used in the performance of the Contract. The bond shall be in accordance with the provisions of Sections 9550 and 9554 of the Civil Code of the State of California, and Section 13020 of the Unemployment Insurance Code of the State of California. Said bond shall also contain a provision that the surety thereon waives the provisions of sections 2819 and 2845 of the Civil Code of the State of California.
The surety companies shall familiarize themselves with all provisions and conditions of the Contract Documents. It is understood and agreed that the surety or sureties waive the right of special notification of any modifications or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by the City or its authorized agents under the terms of the Contract; and failure to so notify the surety companies of such changes shall in no way relieve the surety or sureties of their obligations under this Contract. The surety expressly waives the provisions of sections 2819 and 2845 of the Civil Code of the State of California.
6. INSURANCE: Contractor 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 Contractor, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.
No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. 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).
2. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Professional Liability insurance appropriate to the
Contractor’s profession (Errors and Omission).
5. Builder's Risk Insurance upon the entire work of this Agreement.
B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $5,000,000 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.
2. Automobile Liability: $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omission): Insurance appropriates to the Contractor’s profession with $1,000,000 combined single limit per occurrence, and annual aggregate.
5. The Contractor shall effect and maintain in the name of the Contractor and the City, "All Risk" Builders Risk Insurance upon the entire work of this contract to 100% of replacement cost valuation thereof, including items of labor and materials in place including surplus miscellaneous materials and supplies incident to the work, and such scaffolding, staging, towers, forms, and equipment as are not owned or rented by the Contractor, the cost of which is not included in the cost of the work.
C. Deductible and Self-Insured Retention (SIR). Any deductibles or self- insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. All SIRs must be disclosed to the City’s Risk Manager for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
D. Other Insurance Provisions.
1. Additional Insured Endorsements: The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased hired or borrowed by the Contractor. Additional Insured endorsements with respect to General Liability, Auto and Umbrella/Excess Insurance shall be attached to the Certificate of Insurance presented to the City.
2. 30 Days’ Notice of Cancellation Endorsements: Each
insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
3. Waiver of Subrogation Rights Endorsement: The workers’ compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Contractor’s performance under this Agreement.
The waiver of subrogation rights endorsement in favor of the City of Vallejo shall be attached to the Certificate of Insurance.
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.
5. The insurance coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. For any claims related to this project, the Contractor'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 Contractor's insurance and shall not contribute with it.
6. The Contractor'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.
7. 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.
8. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
E. Acceptability of Insurers. The insurance is to be issued by companies licensed to do business in the State of California. The insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
F. Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. The City reserves the right to obtain a full certified copy of any Insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of coverage and other insurance documents shall be mailed to the following address:
City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
G. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
H. Payment Withhold. City will withhold payments to Contractor if the certificates of insurance and endorsements required in this paragraph, above, are canceled or Contractor otherwise ceases to be insured as required herein.
I. Exclusions
This insurance does not cover tools owned by mechanics, any tools, equipment, scaffolding, staging, towers, and forms rented or owned by the Contractor, the capital value of which is not included in the cost of the work or any shanties or other structures erected for the sole convenience of the workers.
7. Intentionally Omitted.
8. CONFORMANCE WITH CODES AND STANDARDS: All of Contractor’s work and materials shall be in full accordance with the latest adopted standards and regulations of the State Fire Marshal; the California Building Code; Title 24 of the California Code of Regulations; the California Electrical Code; the California Plumbing Code; Americans With Disabilities Act; and all other applicable present and future codes, laws, or regulations. Nothing in these Contract Documents is to be construed to permit work not conforming to these requirements. Should Contractor discover work within the Contract Documents not in conformance with these requirements, Contractor agrees to immediately notify City in writing of said nonconformance, and to not proceed with nonconforming work. When the work detailed in the Contract Documents differs from governing codes, it is understood and agreed that the Contract Sum is based upon the more costly or expensive standard of the two.
9. PERSONAL ATTENTION AND SUPERINTENDENCE: The Contractor shall give Contractor's personal attention to, and shall supervise the work to the end that it shall be faithfully prosecuted. Contractor shall keep on the work at all times throughout its progress, a competent superintendent who shall represent the Contractor in Contractor's absence, and shall have complete authority to represent and act for the Contractor. Whenever the Contractor or Contractor's superintendent is not present on a particular part of the work, the City may stop the work until the Contractor or Contractor's superintendent arrives.
10. BEGINNING OF WORK: The Notice to Proceed shall constitute authority for the Contractor to enter upon the site of the work and to begin operations, upon condition that the Contractor has strictly complied with all requirements of these Contract Documents, including but not limited to, furnishing all required documentation, bonds and certificates of insurance. If Contractor has not provided City with all documents required by these Contract Documents as of the date of the City’s written notice to proceed, Contractor shall not be allowed on the site of the work or allowed to start work. The Contract Time shall begin on the date of the City’s written notice to proceed, whether or not Contractor is allowed on the work site due to Contractor's failure to furnish City with all documentation required by these Contract Documents.
11. RESPONSIBILITY FOR ACCURACY: The Contractor shall obtain all necessary measurements for and from the work, and shall check dimensions, elevations, and grades for all layout and construction work and shall supervise such work, the accuracy for all of which Contractor shall be responsible. Each subcontractor shall adjust, correct, and coordinate Contractor's work with the work of others so that no discrepancies will result in the whole work. Contractor is responsible for verifying that all information and data contained and set forth in all of Contractor's submittals that may be required by the Contract Documents, strictly comply in all respects with the Contract Documents.
12. INSPECTION: All work done and all materials and equipment furnished under this Contract shall be subject to inspection and acceptance of the City, who shall at all times have access to the work during its construction, and shall be furnished with every reasonable facility and assistance for ascertaining that the materials and workmanship are in accordance with the requirements and intent of the Contract Documents. Any work constructed without inspection as provided above, except with the specific written consent of the City, must, if requested by the City, be uncovered for examination and properly restored at the Contractor's expense.
The inspection of the work by City, the City's inspector(s), an architect, engineer or their consultants, or anyone else, does not relieve the Contractor of any of Contractor's obligation to fulfill the Contract as prescribed. Any work, materials, or equipment not meeting the requirements of the Contract Documents shall be rejected, and unsuitable work or materials shall be made good, notwithstanding the fact that such work or materials may have previously been inspected or accepted and payment therefor may have been made. If nonconforming work, materials, or equipment not meeting the requirements of the Contract Documents is discovered, and the Contractor fails to remedy the nonconforming work, materials, or equipment, or the City agrees in writing to accept the nonconforming work, materials, or equipment, Contractor agrees to pay City a sum equal to the cost to remedy the nonconforming work, materials, or equipment. It is expressly understood and agreed that the City will be entitled to recover from Contractor the full cost of remedying nonconforming work, materials, or equipment, and that diminution in value will not be considered as a method for valuing the City's damages for nonconforming work, materials, or equipment, and further that the doctrine of economic waste will not be a defense to the City's recovery from Contractor the full and complete cost and expense of correcting nonconforming work, materials, or equipment.
Reexamination of any work may be ordered by the City, and such work must be uncovered by the Contractor. The Contractor shall pay the entire cost of such uncovering, reexamination, and replacement if the work does not conform to the Contract Documents.
Neither the inspection by an inspector, the City or its agents, nor any measurement, approved modification, accepted submittal, shop drawing, order, or certificate, nor acceptance of any part or whole of the work, or payment of money, nor any possession or use by the City or its agents, operate as a waiver of any provisions of the Contract Documents or of any power or authority reserved therein, or of any right to damages thereunder; nor shall the waiver of any breach of the Contract Documents be held to be a waiver of any subsequent or other breach.
The Contractor shall, upon request and without delay, remove from the site of the work, all rejected or condemned materials of any kind brought to, or incorporated in, the work. No such rejected or condemned materials shall again be offered for use in any work under the Contract. All work which has been rejected shall be remedied, or removed and replaced, by the Contractor in an acceptable manner at Contractor's expense. Upon failure of the Contractor to comply within fortyeight (48) hours with any written order of the City made under this Section, or to make satisfactory progress in so doing, the City may cause such rejected materials to be removed, or such rejected work to be remedied, or removed and replaced, and Contractor shall pay City for doing so.
13. USE OF COMPLETED PORTIONS: The City shall have the right at any time to take over and place in service any completed or partially completed portion of the work, notwithstanding the time for completion of the entire work or such portions which may not have expired; but such taking possession thereof shall not be deemed an acceptance of any of the work, nor work on those portions not completed in accordance with the Contract Documents.
14. MEANS AND METHODS: City will not have control over, be in charge of, nor be responsible for construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the work, since these are solely Contractor's responsibility, unless otherwise required by the Contract Documents.
15. LIQUIDATED DAMAGES FOR DELAY: It is agreed by the parties to this Contract that time is of the essence to the performance of this Contract by Contractor, and that in case all work called for under in the Contract Documents is not completed in all respects and requirements within the time called for in the Contract Documents, plus any agreed upon written extensions of time, damage will be sustained by the City, and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and the Contractor agrees that the sum set forth in the Contract Documents as Liquidated Damages is a reasonable amount to be charged as Liquidated Damages; and it is therefore agreed that the Contractor will pay to the City the sum set forth as Liquidated Damages for each and every calendar days delay beyond the time prescribed; and the Contractor further agrees that the City may deduct and retain the amount thereof from any monies due the Contractor under the Contract.
16. CHANGES IN THE WORK: The City reserves the right to make changes to the work. Changes in the work made by the City may or may not involve a change to the Contract Sum or the Contract Time. Changes in the work by City may only be made in a writing signed by a representative of the City authorized to make the specific change identified in the writing.
17. PAYMENTS: On or before the first (1st) day of the month, Contractor shall submit to City an itemized application for payment for the cost of the work in permanent place, which has been completed in accordance with the Contract Documents as of the twentieth (20th) day of the preceding month, less amounts previously paid.
The application for payment shall be prepared in a form acceptable to City. The applications for payment shall not include requests for payment on account of changes which have not been authorized by Change Orders, or for amounts Contractor does not intend to pay a subcontractor because of a dispute or other reason. Each progress pay request constitutes a representation by Contractor to City that all work performed by Contractor as of the date of the request, has been performed in strict compliance with the Contract Documents.
If requested by the City, an application for payment shall be accompanied by a summary showing payments that will be made to subcontractors covered by such application, and unconditional waivers and releases of claims and stop notices, from Contractor and each subcontractor listed in the preceding application for payment covering sums disbursed pursuant to that preceding application for payment.
Payment of all, or any part, of an application for payment may be withheld, a certificate of payment may be withheld, all or part of a previous certificate for payment may be nullified and that amount withheld from a current certificate for payment, or the City may withhold from City's certificate for payment, on account of any of the following:
(a) Defective work not remedied;
(b) Third-party claims against Contractor or City arising from the acts or omissions of Contractor or subcontractors;
(c) Stop notices;
(d) Failure of Contractor to make timely payments due to subcontractors for material or labor;
(e) A reasonable doubt that the work can be completed for the balance of the Contract Sum then unpaid;
(f) Damage to the City or others for which Contractor is responsible; (g) Reasonable evidence that the work cannot be completed within the Contract Time, and the unpaid balance of the Contract Sum would not be adequate to complete the work and cover City's damages for the anticipated delay;
(h) Failure of Contractor to maintain, update, and submit records and documents;
(i) Failure of Contractor to submit schedules or schedule updates as required by the Contract Documents;
(j) Performance of the work by Contractor without properly processed shop drawings;
(k) Liquidated damages assessed;
(l) Any other failure of Contractor to perform its obligations under the Contract Documents.
18. COST AND PRICING DATA: All cost and pricing data submitted by the Contractor to the City with respect to any change, prospective or completed, or any claim for extra compensation shall be a true, complete, accurate, and current representation of actual cost and pricing of the work.
19. PROCEED WITH WORK: Notwithstanding the making of any claim or the existence of any dispute between Contractor and City, Contractor shall not cause any delay, cessation, or termination in or of Contractor's performance of the work, but shall diligently proceed with performance of the work in accordance with the Contract Documents.
20. ACCESS TO RECORDS: The City, or their authorized representatives, shall have unconditional access, upon reasonable notice, during normal business hours, to Contractor and subcontractors' books, documents and accounting records, including but not limited to, bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data, accounting records, payroll records, time sheets, canceled checks, profit and loss statements, balance sheets, project correspondence including but not limited to all correspondence between Contractor and its sureties and subcontractors/vendors, project files, scheduling information, and other records of the Contractor and all subcontractors directly or indirectly pertinent to the work, original as well as change and claimed extra work, to verify and evaluate the accuracy of cost and pricing data submitted with any Change Order, prospective or completed, or any claim for which additional compensation has been requested. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions, and photocopies at City's cost.
21. DISMISSAL OF UNSATISFACTORY EMPLOYEES AND SUBCONTRACTS: If any person employed by the Contractor, or any subcontractor, shall fail or refuse to carry out the directions of the City; or, in the opinion of the City, is incompetent, unfaithful, intemperate, or disorderly; uses threatening or abusive language to any person representing the City on the work; or is otherwise unsatisfactory, he or she shall be removed from the work immediately, and shall not again be employed on the work. When any portion of the work which has been subcontracted by the Contractor is not being prosecuted in a satisfactory manner, the subcontract for such work shall be terminated immediately by the Contractor upon written notice from the City, and the subcontractor shall not again be employed on the type of work in which his or her performance was unsatisfactory.
22. TEMPORARY SUSPENSION OF WORK: The City shall have the authority to suspend the work wholly or in part for such period as it may deem necessary, due to unsuitable weather, or to any other conditions it considers unfavorable for the suitable prosecution of the work, or for such time as it may deem necessary, due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the Contract, or for any other reason. The Contractor shall immediately comply with such written order of the City to suspend the work wholly or in part. The suspended work shall be resumed only when conditions are favorable or methods are corrected, as ordered or approved in writing by the City.
Except as may be provided elsewhere in the Contract Documents, Contractor shall not be entitled to any damages or compensation on account of such suspension or delay.
The City reserves the right to terminate the work for its convenience upon written notice to Contractor. In such event, the Contractor shall be paid its reasonable costs for that portion of the work performed to the date of termination, reasonable costs associated with demobilization, plus fifteen percent (15%) of all such costs for overhead and profit, which shall be full compensation to the Contractor and all subcontractors regardless of tier, and material suppliers, for any and all damages arising from City’s termination.
23. CLEANING UP: Throughout the construction period, the Contractor shall keep the site of the work in a presentable condition, dispose of any surplus materials, clean out all drainage ditches and structures, and repair any fences or other property damaged during the progress of the work, to the satisfaction of the City. Upon completion of the work, and prior to requesting final inspection, the Contractor shall thoroughly clean the site of the work of all rubbish, excess material, and equipment, and all portions of the work shall be left in a neat and orderly condition.
The final inspection may not be made until this has been accomplished. If Contractor fails or refuses to fulfill these obligations to the City's satisfaction, City may, at its option, undertake these obligations, and withhold the cost of performing these obligations, plus an additional fee of twentyfive percent (25%) for administrative costs, from payments to Contractor.
24. COMPLIANCE WITH LAWS AND REGULATIONS: The Contract Sum includes full compensation to Contractor for compliance with all current and future laws, rules, regulations, orders or decrees, affecting the work and Contractor’s performance thereof. The Contractor shall keep itself fully informed of, and shall observe and comply with, and shall cause any and all persons, firms, or corporations employed by Contractor or under it, to observe and comply with all State and national laws, and County and municipal ordinances, regulations, orders, and decrees which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work. Particular attention is called to the following:
A. HOURS OF LABOR Eight hours of labor shall constitute a legal days' work, and the Contractor or any subcontractor under it, in the performance of the Contract, shall not require more than eight hours of labor in any calendar day, and forty hours of labor in any calendar week, from any person employed by Contractor in the performance of the work under this Contract, except as permitted under the provisions of section 1815 of the Labor Code of the State of California. The Contractor shall forfeit, as penalty to the City, Fifty Dollars ($50.00) for each workman employed by Contractor or any subcontractor under Contractor in the performance of the Contract for each calendar day during which any workman is required or permitted to labor more than eight hours and for each calendar week during which any workman is required or permitted to labor more than forty hours, in violation of the provisions of such Labor Code.
B. PREVAILING WAGE Pursuant to section 1770, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of Department of Water City of Vallejo, 555 Santa Clara Street, Vallejo, CA, which copies shall be made available to any interested party on request.
The Contractor shall forfeit, as penalty to the City, Fifty Dollars ($50.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the Contract by Contractor or by any subcontractor under it, in violation of the provisions of such Labor Code.
C. LABOR DISCRIMINATION Contractor shall comply with Section 1735 of the Labor Code of the State of California, which prohibits discrimination in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons.
D. APPRENTICES Attention is directed to section 1777.5 of the Labor Code of the State of California concerning employment of apprentices, and the Contractor is required to comply with the provisions of said section.
E. Intentionally Omitted.
F. WORKERS' COMPENSATION Pursuant to the requirements of section 1860 of the Labor Code, the Contractor is required to secure the payment of Workers' Compensation to Contractor's employees in accordance with the provisions of section 3700 of the Labor Code.
By signing the Contract, Contractor certifies the following:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation, or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Said certification is included in the Contract, and signature and return of the Contract as provided in Paragraph 16 of these General Conditions, "Signing of Contract," shall constitute signing and filing of the said certificate.
G. USE OF PESTICIDES The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations, and all other agencies which govern the use of pesticides required in the performance of the work on the Contract.
Pesticides shall include, but shall not be limited to, herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.
Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, rodents, or nematodes, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant shall be considered a pesticide.
H. PAYROLL RECORDS Attention is directed to the requirements in Labor Code section 1776, a portion of which is quoted below. Regulations implementing Labor Code section 1776 are located in sections 16016 through 16019 and sections 16207.10 through 16207.19 of Title 8, California Code of Regulations.
I. Contractor shall provide a written certification to City stating that all materials incorporated into the project are lead and asbestos free.
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). Payrolls shall contain the full name, address and social security number of each employee, the employee's correct classification, rate of pay, daily and weekly number.
A. Each Contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
B. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
In addition, a certified copy of all payroll records enumerated in subdivision (a) shall be furnished by the Contractor to the City in a format acceptable to City.
3. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the Contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor.
C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
D. A Contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.
E. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or the subcontractor performing the Contract shall not be marked or obliterated.
F. The Contractor shall inform the body awarding the Contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.
G. The Contractor or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the Contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
H. The penalties specified in subdivision (g) of Labor Code section 1776 for noncompliance with the requirements in Section 1776 may be deducted from any moneys due or which may become due to the Contractor of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll on which that name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or the employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Contract. The "Statement of Compliance" shall be on forms furnished by the City of Vallejo or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.
If by the 15th of the month, the Contractor has not submitted payrolls for itself and all subcontractors, in full compliance with all requirements of the Labor Code and these Contract Documents, for all work performed during the monthly period ending on or before the 1st of that month, the City of Vallejo may retain an amount equal to 10 percent of the estimated value of the work performed (exclusive of Mobilization) during the month from the next monthly estimate, except that this retention shall not exceed $10,000 nor be less than $1,000. Retentions for failure to submit satisfactory payrolls shall be additional to all other retentions provided for in the Contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.
The Contractor and each subcontractor shall preserve their payroll records for a period of three years from the date of completion of the Contract.
REPORTING REQUIREMENTS AND SANCTIONS Failure to deliver to City specific information, records, reports, certifications, or any other documents required for compliance with these Contract Documents shall be considered noncompliance.
Contractors found by the City to be in noncompliance are to be advised of the specific deficiencies and urged to make immediate corrections. They should also be advised that monetary deductions may be made for failure to effect corrections or delinquencies.
25. RESPONSIBILITY OF THE CONTRACTOR: The Contractor shall do all of the work and furnish all labor, materials, tools, equipment, and appliances, except as otherwise herein expressly stipulated, necessary, or proper for performing and completing the work herein required within the time specified.
26. INDEMNIFICATION: To the maximum extent allowed by law, Contractor shall defend, indemnify, and save harmless City (including its inspectors, project managers, trustees, officers, agents, members, employees, volunteers, affiliates, consultants, subconsultants, and representatives), and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever arising out of, or in connection with, Contractor's operations to be performed under this Contract, including, but not limited to:
1. Personal injury (including, but not limited to, bodily injury, emotional injury or distress, sickness, or disease) or death to persons, including, but not limited to, any employees or agents of Contractor, City, or any subcontractor, or damage to property of anyone including the work itself (including loss of use thereof), caused or alleged to be caused in whole or in part by any negligent act or omission of Contractor, Contractor’s subcontractors or material suppliers, City, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable;
2. Penalties threatened, sought, or imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance, or statute, caused by the action or inaction of Contractor;
3. Alleged infringement of any patent rights which may be brought arising out of Contractor's work;
4. Claims and liens for labor performed or materials used or furnished to be used on the job, including all incidental or consequential damages from such claims or liens;
5. Contractor's failure to fulfill any of the covenants set forth in these Contract Documents; and
6. Any violation or infraction by Contractor of any law, order, citation, rule, regulation, standard, ordinance, or statute in any way relating to the occupational, health, or safety of employees.
The indemnities set forth in these Contract Documents shall not be limited by the insurance requirements set forth in these Contract Documents and shall survive any termination of this Contract or Contractor’s loss of control over the work.
Contractor's indemnification of City will not include indemnification for claims which arise as the result of the active negligence of City, or the sole negligence or willful misconduct of City, its agents, servants or independent contractors who are directly responsible to City, or for defects in design furnished by such persons.
27. PERMITS AND LICENSES: The Contractor shall procure all permits and licenses necessary for the normal conduct of its business and construction operations, and all costs associated therewith shall be paid by Contractor.
The Environmental Quality Act of 1970 may be applicable to permits, licenses, and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses, and other authorizations, and they shall be obtained in sufficient time to prevent delays to the work.
In the event that the City has obtained permits, licenses, or other authorizations applicable to the work in conformance with the requirements in said Environmental Quality Act of 1970, the Contractor shall comply with the provisions of said permits, licenses, and other authorizations.
28. PROTECTION OF WORKERS: The Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety and any other governing body having jurisdiction over the work. The Contractor shall immediately replace or repair any unsafe ladder, scaffolding, shoring, or bracing, or correct any other dangerous or hazardous situation that may exist. Failure of the City to suspend the work or notify the Contractor of the inadequacy of the safety precautions or noncompliance with the law shall not relieve the Contractor of this responsibility.
The Contractor is warned that when the work involves existing sewers and appurtenances that have been exposed to sewage and industrial wastes, these facilities shall be considered contaminated with disease-causing organisms.
Personnel in contact with contaminated facilities, debris, wastewater, or similar items shall be advised by the Contractor of the necessary precautions that must be taken to avoid becoming diseased. It is the Contractor's responsibility to urge his/her personnel to observe a strict regimen of proper hygienic precautions, including any inoculations recommended by the local public health officer.
Because of the potential danger of solvents, gasoline, and other hazardous material in the existing sewers and stormdrain pipes, these areas shall be considered hazardous. The Contractor shall be aware of these dangers and shall comply with Article 108, "Confined Spaces," of the General Industrial Safety Orders contained in Title 8 of the California Administrative Code.
In the event that this Contract requires the excavation of any trench or trenches in excess of five feet in depth, Contractor shall prepare a detailed design plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trenches. Said detailed design plan and subsequent excavating operations shall fully comply with all local, state and federal regulations including, but not limited to, the Construction Safety Orders, section 1539, Permits and section 1540 et seq., Excavation.
29. PROTECTION OF MATERIALS AND EQUIPMENT: The Contractor shall protect all of the work, materials, and equipment from damage due to the nature of the work, the action of the elements, trespassers, or other causes until the project is accepted by the City. The Contractor shall properly store materials and equipment and erect such temporary structures as are required to protect them from damage, including, but not limited to, construction fencing.
30. SANITARY PROVISIONS: The necessary sanitary conveniences for the use of the workers on the project, properly obscured from public observance, shall be furnished and maintained by the Contractor.
31. EXISTING UTILITIES: Contractor is solely responsible for determining the actual location of all utilities on the site of the work or that may be affected by Contractor’s operations or the work, before Contractor begins its operations on the project, which risk and cost the Contractor included in its proposal and is included in the Contract Sum. Contractor agrees that its failure to determine the actual location of all utilities on the site of the work before it begins its operations on the project is a breach of this Contract and constitutes a failure by the Contractor to exercise reasonable care.
It is recognized by the Contractor that the location of existing utility facilities as shown on Contract drawings and specifications (if any) are approximate, may be incomplete and their exact location is unknown. There may be additional utilities existing on the property unknown to City. Location of utilities as shown on drawings and specifications represent information obtainable from utility maps and other information furnished by the various agencies involved. The City warrants neither the accuracy nor the extent of actual installations as shown on the drawings and specifications. Because of this uncertainty, it may become necessary for the City to make adjustments in the line or grade of sewers or storm drains. Installation of such adjusted lines shall be made at the regular unit price bid for the work, and no additional compensation will be paid therefore, unless the scope and character of the work has been changed.
The Contractor shall coordinate and fully cooperate with the City and utility owners for the location, relocation, and protection of utilities. The Contractor's attention is directed to the existence of utilities, underground and overhead, necessary for normal house and commercial service for all buildings along the line of work. The Contractor shall make arrangements with utility owners for the location of house and commercial services lines in advance of the actual construction and for the relocation of such facilities, if necessary, by the utility owner or the Contractor.
In accordance with section 4215 of the Government Code of the State of California, the City shall make provisions to compensate the Contractor for the costs of repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating main and trunk line utility facilities not indicated in the drawings and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. In the event the Contractor discovers utilities not identified in the Contract Documents, the Contractor shall immediately notify the City and the utility owner by the most expeditious means available and later confirm in writing.
32. COOPERATION WITH OTHERS: The City or adjacent property owners may perform other work adjacent to or within the project area, concurrent with the Contractor's operations. The Contractor shall cooperate fully with City in all operations which coincide with other work being performed, and provide City with such scheduling and other information as may be required by City to perform such other work. The Contractor shall conduct operations to minimize interference with the work of other forces or contractors performing such work. This work performed by a second contractor may include work which is incomplete or in dispute with the Contractor.
Any disputes or conflicts which may arise between the Contractor and any other forces or contractors retained by the City, causing delays or hindrance to each other, shall be referred to the City for resolution.
If the work of the Contractor is delayed because of any acts or omissions of any other forces or contractor, the Contractor shall on that account have no claim against the City other than for an extension of time.
33. POLLUTION CONTROL: The Contractor shall comply with all air pollution control rules, regulations, ordinances, and statutes which apply to any work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances, and statutes specified in Section 11017 of the California Government Code. Unless otherwise provided in the Contract Documents, material to be disposed of shall not be burned.
34. SOUND CONTROL REQUIREMENTS: The Contractor shall comply with all sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract.
35. WEEKEND, HOLIDAY, AND NIGHT WORK: No work shall be done between the hours of 7:00PM and 7:00AM, or on Saturdays, Sundays or legal holidays, except with written permission of the City. Requests to work between 7:00PM and 7:00AM, or on Sundays or legal holidays, must be submitted in writing at least two workdays in advance of the intended work. In case of an emergency, the Contractor will be allowed to work at night or on Sundays or legal holidays, but must notify the City in writing immediately. An emergency shall be considered an unforeseen event that poses a danger to the public or to the uncompleted work.
It is understood, however, that two or three shift operations may be established as a regular procedure by the Contractor if Contractor first obtains written permission from the City. Such permission may be revoked by the City at any time, without cause, or if the Contractor fails to maintain adequate force and equipment for reasonable prosecution and to justify inspection of the work, or fails to provide sufficient artificial light to permit the work to be carried on properly and safely and to permit proper inspection.
Contractor shall reimburse City for all costs and expenses incurred by either, including but not limited to, overtime pay, when Contractor works more than one eight-hour shift each day, or works on weekends or holidays.
36. OVERLOADING: The Contractor shall determine safe loading capacities and shall not overload any structure beyond its safe capacity during construction. In addition to assuming full responsibility for all property damage and bodily injury resulting from any such overloading, the Contractor shall repair to the City's satisfaction or reimburse the City for the costs of repairing damage resulting therefrom.
37. GUARANTEE: Should any failure of the work occur within a period of one year after recordation of the notice of completion of the project or portions thereof, which can be attributed to faulty materials, poor workmanship, or defective equipment, the Contractor shall promptly make the needed repairs at Contractor's expense.
The City may make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) days after Contractor is given notice of such failure and without notice to the surety provided, however, that in case of emergency where, in the opinion of the City, delay would cause serious loss or damages, or a hazard to the public, the repairs may be made or lights, signs, and barricades erected, without prior notice to the Contractor or surety, and the Contractor shall pay the entire costs thereof.
38. ASSIGNMENT OF ANTITRUST ACTIONS: Pursuant to section 4552 of the Government Code of the State of California, the following provisions shall be a part of this Contract:
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15), or under Cartwright Act (Chapter 2, commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor without further acknowledgment by the parties.
39. MATERIALS OR EQUIPMENT SPECIFIED BY NAME: When any materials or equipment is indicated or specified by patent or proprietary name or by the name and catalogue number of the manufacturer, it shall be considered as used for convenience in describing the material or equipment desired. The use of alternative material or equipment which is of equal quality and of the required characteristics for the purpose intended may be permitted. Request for such substitution shall be made in writing by the Contractor within ten (10) days of the Notice to Proceed. Failure by the Contractor to request substitution within ten (10) days of the Notice to Proceed constitutes an agreement by Contractor to furnish only the materials or equipment listed in the Contract Documents and Contractor agrees no other materials or equipment other than that listed in the Contract Documents shall be incorporated into any submittal or the project.
40. MISCELLANEOUS PROVISIONS: This Contract shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor, and to the successors in interest of City, in the same manner as if such parties had been expressly named herein.
Neither the City, nor its’ officers, employees, agents, or representatives of the City, nor any of them, shall be responsible for any liability arising under this Contract, except such obligations as are specifically set forth herein.
The right of general supervision shall not make the Contractor an agent of the City, and the liability of the Contractor for all damages to persons or to public or private property arising from the performance of the work shall not be lessened because of such general supervision.
This Contract shall be governed by the laws of the State of California. If any one or more of the provisions contained in the Contract should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
This Contract constitutes the full and complete agreement of the parties, and supersedes any previous agreements or understandings, oral or written, with respect to the subject matter hereof. No amendment, modification or waiver of any of the terms of this Contract is valid unless contained in a written Change Order, signed by both parties, expressly agreeing to such amendment, modification or waiver.
Contractor hereby assigns to City all its first tier subcontracts now or hereafter entered into by Contractor for performance of any part of the work. The assignment will be effective upon acceptance by City in writing, and only as to those subcontracts which City designates in writing. Such assignment is part of the consideration to City for entering into the Contract with Contractor, and may not be withdrawn.
PUBLIC CONTRACT CODE SECTION 9204: Said provisions are incorporated herein by reference as though set forth in full.
PUBLIC CONTRACT CODE SECTION 20104, ET SEQ. AND 20104.5, ET SEQ.: Said provisions are incorporated herein by reference as though set forth in full.
EXHIBIT A
Contractor’s proposals, Scope of Work and Total Cost of:
(i) Evidence Access Control Additions;
(ii) City of Vallejo Water Card Reader Additions;
(iii) Pump Stations Access Control; and
(iv) Access Control Maintenance & Service.
February 1, 2025
Naveed Ashraf
City of Vallejo
Re: City of Vallejo – Evidence Access Control Additions Access Systems, Inc. is pleased to present the following proposal for the installation of new access control equipment at 555 Santa Clara St, Vallejo, Ca.
Scope of work is as follows:
1. Head End:
a. ASI will provide and install (2) Identiv MX8-S3OB control panels. b. ASI will provide and install (1) Identiv MOD-ADD-16 velocity license to accommodate the additional card readers within this scope of work.
c. ASI will provide and install (2) Life Safety Power FPO150/250-C8PD8PE2 lock powers supplies. d. ASI will provide and install all necessary plenum rated access control cabling.
2. Admin Entry Door:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (1) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (1) Command Access CL180 electrified cylindrical lockset. f. ASI will provide and install (1) Command Access ETH2W4545 electrified transfer hinge. g. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
3. Door 4:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (1) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (1) Command Access CL180 electrified cylindrical lockset. f. ASI will provide and install (1) Command Access ETH2W4545 electrified transfer hinge. g. ASI will provide and install (2) Don Jo BF-161 deadbolt cover plates. h. ASI will provide and install (1) Don Jo EF-161 edge filler plate. i. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
4. Shipping & Receiving Double Doors:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (2) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (2) Von Duprin 9927EO-36 surface mounted panic bars. f. ASI will provide and install (1) Command Access MLRK1-VD electrification kit for the active door leaf.
EXHIBIT A
g. ASI will provide and install (2) Don Jo BF-161 deadbolt cover plates. h. ASI will provide and install (1) Don Jo EF-161 edge filler plate. i. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
5. Door 5:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (1) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (1) Command Access CL180 electrified cylindrical lockset. f. ASI will provide and install (1) Command Access ETH2W4545 electrified transfer hinge. g. ASI will provide and install (2) Don Jo 12-S-CW cover plate to eliminate the existing “unit lock.” h. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
6. Door 6/Storage Room:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (1) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (1) Command Access CL180 electrified cylindrical lockset. f. ASI will provide and install (1) Command Access ETH2W4545 electrified transfer hinge. g. ASI will provide and install (2) Don Jo 12-S-CW cover plate to eliminate the existing “unit lock.” h. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
7. Door 7/Maintenance Room:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (1) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (1) Command Access CL180 electrified cylindrical lockset. f. ASI will provide and install (1) Command Access ETH2W4545 electrified transfer hinge. g. ASI will provide and install (2) Don Jo 12-S-CW cover plate to eliminate the existing “unit lock.” h. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
8. Door 8/Mechanical Room:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (1) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (1) Command Access CL180 electrified cylindrical lockset. f. ASI will provide and install (1) Command Access ETH2W4545 electrified transfer hinge. g. ASI will provide and install (2) Don Jo 12-S-CW cover plate to eliminate the existing “unit lock.” h. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
9. Door 9/Evidence Storage:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (1) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (1) Command Access CL180 electrified cylindrical lockset. f. ASI will provide and install (1) Command Access ETH2W4545 electrified transfer hinge. g. ASI will provide and install (2) Don Jo BF-161 deadbolt cover plates. h. ASI will provide and install (1) Don Jo EF-161 edge filler plate. i. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
10. Gun Cage:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) SDC 423U request to exit button. d. ASI will provide and install (1) GRI 8450-3 surface mount gate contact. e. ASI will provide and install (1) Securitron GL1-FS gate lock. f. ASI will provide and install (1) Securitron FMK-SW swinging gate bracket. g. ASI will provide labor to terminate the above-listed equipment to one of the new control panels. h. ASI will provide labor to work with the fire alarm contractor to tie in the fire alarm system to the gate lock. *Lock must release upon initiation of the fire alarm*
11. Door 14:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (1) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (1) Command Access CL180 electrified cylindrical lockset. f. ASI will provide and install (1) Command Access ETH2W4545 electrified transfer hinge. g. ASI will provide and install (2) Don Jo 12-S-CW cover plate to eliminate the existing “unit lock.” h. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
12. Door 19:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (1) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (1) Command Access CL180 electrified cylindrical lockset. f. ASI will provide and install (1) Command Access ETH2W4545 electrified transfer hinge. g. ASI will provide and install (2) Don Jo 12-S-CW cover plate to eliminate the existing “unit lock.” h. ASI will provide and install (2) Don Jo BF-161 deadbolt cover plates. i. ASI will provide and install (1) Don Jo EF-161 edge filler plate. j. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
13. Door 20/Stairwell Exit:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (1) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (1) Command Access CL180 electrified cylindrical lockset. f. ASI will provide and install (1) Command Access ETH2W4545 electrified transfer hinge. g. ASI will provide and install (2) Don Jo 12-S-CW cover plate to eliminate the existing “unit lock.” h. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
14. Door 21:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (1) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (1) Command Access CL180 electrified cylindrical lockset. f. ASI will provide and install (1) Command Access ETH2W4545 electrified transfer hinge. g. ASI will provide and install (2) Don Jo 12-S-CW cover plate to eliminate the existing “unit lock.” h. ASI will provide and install (2) Don Jo BF-161 deadbolt cover plates. i. ASI will provide and install (1) Don Jo EF-161 edge filler plate. j. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
15. Door 25/Annex 3:
a. ASI will provide and install (1) Identiv DS47L-SSP-TS scrambleprox card reader. b. ASI will provide and install (1) Identiv MB2 surface mounted box for the above listed card reader. c. ASI will provide and install (1) Bosch DS160 request to exit motion sensor. d. ASI will provide and install (1) GRI 180-12WG-W ¾” recessed door contact to monitor the state of the door.
e. ASI will provide and install (1) Command Access CL180 electrified cylindrical lockset. f. ASI will provide and install (1) Command Access ETH2W4545 electrified transfer hinge. g. ASI will provide and install (2) Don Jo BF-161 deadbolt cover plates. h. ASI will provide and install (1) Don Jo EF-161 edge filler plate. i. ASI will provide labor to terminate the above-listed equipment to one of the new control panels.
16. ASI will provide labor to program, test, and commission the above listed equipment.
Total cost for the installation of the above listed system will be $87,427.00 (Eighty-seven thousand four hundred twenty-seven dollars) $46,375.93 – Labor (Prevailing Wage)
$35,391.06 – Material
$ 3,277.21 – Sales Tax (9.26%)
$ 2,132.37 – Bonding
$ 250.43 – Shipping
$87,427.00 – Total
EXCLUSIONS:
1. All 120v AC Power necessary for the proper functionality of the system described above is to be supplied by others.
2. All conduit and penetrations necessary for the proper installation and functionality of the system described above are to be supplied and installed by others.
3. All fire alarm cabling installation and programming is to be provided by others. A fire alarm “drop” will be required at the head end to release the gun cage lock upon activation of the fire alarm.
4. ASI is not responsible for the condition or functionality of existing equipment or new equipment provided by others. If existing equipment or equipment provided by others is found to be defective a cost for repair or replacement will be provided.
5. Any Item not specifically listed above.
Thank you for the opportunity to bid this project to your organization.
This scope of work is contingent upon Access Systems, Inc.’s terms and conditions and is valid for thirty (30) days.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Brandon Herd
Brandon Herd
President
COV - Evidence ACS_R1
California Certified Small Business # 34854
NV License # 0085320
February 1, 2025
Naveed Ashraf
City of Vallejo
Re: City of Vallejo Water – Card Reader Additions
Access Systems, Inc. is pleased to present the following proposal for the installation of a new card readers at 202 Flemming Hill Rd, Vallejo, Ca.
Main building scope of work is as follows:
1. ASI will provide and install (2) Identiv Mx-8-S3OB control panels in the second floor IDF room.
2. ASI will provide and install (1) Identiv Mx-4-S3OB control panel in the second floor IDF room.
3. ASI will provide and install (19) Identiv DS47L-SSP-TS scrambleprox card readers.
4. ASI will provide and install (19) Identiv MB8 flush mount boxes for the above-listed card readers.
5. ASI will provide and install (3) Life Safety Power FPO150/150-C8PD8PE2 lock power supplies.
6. ASI will provide and install (19) Command Access CL180EUL6 electrified cylindrical locksets.
7. ASI will provide and install (19) Command Access ETH2W4545 electrified transfer hinges.
8. ASI will provide and install (19) GRI 180-12WG-W recessed door contacts.
9. ASI will provide and install (19) Bosch DS160 request to exit motion sensors.
10. ASI will provide and install all necessary plenum rated cabling for proper installation of the above-listed equipment.
11. ASI will provide labor to program, test, and commission the above listed equipment. *The following first floor door locations will receive card readers and associated devices:
• Water Director Door
• Admin MCC Room Door
• Information Systems Manager Door
• Water Resources Manager Door
• Spare Office Door (1st floor)
*The following second floor door locations will receive card readers and associated devices:
• Maintenance Supervisor Door
• Janitorial Room Door
• Water Facilities Superintendent Door
• Facilities Maintenance Library Door
• Roof/Attic Access Door
• Water Quality Manager Door
• Water Finance Manager Door
• Instrument Lab Door
• Wet Lab Door (x2)
• Storage Room / Roof Access Door
• Simple Receiving Door
• Water Treatment Superintendent
• Processing / IDF Door
Total cost for the installation of the above listed system will be $94,429.00 (Ninety-four thousand four hundred twenty-nine dollars) $45,978.75 – Labor (Prevailing Wage)
$41,924.75 – Material
$ 3,882.23 – Sales Tax (9.26%)
$ 2,392.94 – Bonding
$ 250.34 – Shipping
$94,429.00 – Total
EXCLUSIONS:
1. All 120v AC Power necessary for the proper functioning of the system described above to be supplied by others.
2. All conduit and penetrations necessary for the proper installation and functioning of the system described above to be supplied and installed by others.
3. ASI is not responsible for the condition or functionality of existing equipment or new equipment provided by others. If existing equipment or equipment provided by others is found to be defective a cost for repair or replacement will be provided.
4. Any Item not specifically listed above.
Intercom scope of work is as follows:
1. ASI will provide and install (1) Aiphone IX-EA IP video door station at the main entry vehicle gate.
2. ASI will provide and install (1) Aiphone COP-IXWMA-SOFT package. This includes software licenses for up to three (3) desktop workstations and an IP relay module, which will be housed inside of the existing Hoffman enclosure near the vehicle gate.
3. ASI will provide and install (1) Identiv AEB8 expansion input board inside the existing Identiv control panel located near the vehicle gate.
4. ASI will provide and install all necessary Identiv resistor packs to allow the Aiphone relay device to send trigger commands to the Identiv control panel.
5. ASI will provide and install (1) Pedestal Pro 48” pedestal. This will replace the existing pedestal on the unsecure side of the vehicle gate.
6. ASI will provide and install (1) Pedestal pro LANDO-CS-14x8-E steel mounting hood. This mounting hood will house the video intercom door station as well as the existing scrambleprox card reader. ASI will demo the existing mounting hood and pedestal.
7. ASI will provide and install all necessary direct burial CAT6 cabling from the Intercom door station to the existing Hoffman enclosure (Door station needs to connect to a POE network switch).
8. ASI will provide labor to program the above-listed Aiphone equipment to send a trigger to the existing Identiv control panel to remotely unlock the vehicle gate via the desktop software shown above.
9. ASI will provide labor to test the above listed equipment to ensure proper functionality.
Total cost for the installation of the above listed system will be $13,797.00 (Thirteen thousand seven hundred ninety-seven dollars)
$5,111.26 – Labor (Prevailing Wage)
$7,560.94 – Material
$ 700.14 – Sales Tax (9.26%)
$ 349.63 – Bonding
$ 75.03 – Shipping
$13,797.00 – Total
EXCLUSIONS:
1. All 120v AC Power necessary for the proper functioning of the system described above to be supplied by others.
2. All conduit and penetrations necessary for the proper installation and functioning of the system described above to be supplied and installed by others.
3. ASI is not responsible for the condition or functionality of existing equipment or new equipment provided by others. If existing equipment or equipment provided by others is found to be defective a cost for repair or replacement will be provided.
4. Any Item not specifically listed above.
Elevator card reader scope of work is as follows:
1. ASI will provide and install (1) Identiv 8010ABP0000 mullion style card reader inside the elevator cab. *Note: due to limited space inside the elevator cab, a scrambleprox card reader cannot be utilized*
2. ASI will provide and install all necessary plenum rated access control cabling from an existing control panel to the elevator control room.
3. ASI will provide labor to install ½” EMT conduit inside the elevator control room. This conduit will be utilized to run the above-listed access control cabling through the control room and connect to the elevator control equipment.
4. ASI will provide labor to terminate the access control cabling to an open port on one of the new access control panels listed above in the “Main Building” proposal.
5. ASI will provide labor to program the existing velocity software to provide a trigger to the elevator control equipment upon presenting a valid badge.
6. ASI will provide labor to work with the elevator company to terminate the connections at the control equipment, as well as the connections within the elevator cab. *Elevator company will need to be on site to determine where to terminate the connections and which traveler cables to use.
Total cost for the installation of the above listed system will be $4,541.00 (Four thousand five hundred forty-one dollars)
$3,660.91 – Labor (Prevailing Wage)
$ 681.25 – Material
$ 63.08 – Sales Tax (9.26%)
$ 115.07 – Bonding
$ 20.68 – Shipping
$4,541.00 – Total
EXCLUSIONS:
1. All 120v AC Power necessary for the proper functioning of the system described above to be supplied by others.
2. ASI is not responsible for the condition or functionality of existing equipment or new equipment provided by others. If existing equipment or equipment provided by others is found to be defective a cost for repair or replacement will be provided.
3. ASI is not responsible for providing a new elevator traveler cable.
4. ASI is not responsible for terminating to any elevator equipment.
5. ASI is not responsible for programming of any elevator related equipment or software.
6. Any Item not specifically listed above.
Thank you for the opportunity to bid this project to your organization.
This scope of work is contingent upon Access Systems, Inc.’s terms and conditions and is valid for thirty (30) days.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Brandon Herd
Brandon Herd
President
Vallejo Water - Security Upgrades_R1
California Certified Small Business # 34854
NV License # 0085320
February 1, 2025
Naveed Ashraf
City of Vallejo
Re: City of Vallejo – Pump Stations Access Control
Access Systems, Inc. is pleased to present the following proposal for the installation of new access control equipment at seventeen pump stations throughout The City of Vallejo.
Single door pump stations scopes of work are as follows:
1. ASI will provide and install (12) Identiv Mx-1-ME single door control panels.
2. ASI will provide and install (12) Identiv DS47L-SSP-TS-HL outdoor scrambleprox card readers on the exterior entry doors.
3. ASI will provide and install (12) Identiv MB5 outdoor mounting box for the above-listed card readers.
4. ASI will provide and install (12) Identiv MELM2 resistor packs.
5. ASI will provide and install (12) Life Safety Power FPO150-C4E1 lock power supplies.
6. ASI will provide and install (12) GRI 4405-A surface mount door contacts.
7. ASI will provide and install (12) Bosch DS160 request to exit motion sensors.
8. ASI will provide and install (12) Command Access CL180 electrified cylindrical locksets.
9. ASI will provide and install (12) Keedex KDLA armored door loops.
10. ASI will provide and install (24) Powersonic 12v7ah backup batteries for the above-listed power supply.
11. ASI will provide and install all necessary EMT conduit from the control panel locations to the card reader/door hardware locations.
12. ASI will provide and install all necessary plenum rated access control cabling.
13. ASI will provide a licensed electrician to provide 120vac power to the above listed panels and power supplies. *It is assumed that there is adequate space on the existing electrical panels to accommodate this. If an additional panel is required, additional costs will apply*
14. ASI will provide labor to program, test, and commission the above listed equipment.
Total cost for the installation of the above listed system will be $154,356.00 (One hundred fifty-four thousand three hundred fifty-six dollars) $87,003.72 – Labor (Prevailing Wage)
$57,514.56 – Material
$ 5,325.84 – Sales Tax (9.26%)
$ 3,911.52 – Bonding
$ 600.36 – Shipping
$154,356.00 – Total
Two door pump stations scopes of work are as follows:
1. ASI will provide and install (5) Identiv Mx-2-S3OB two door control panels.
2. ASI will provide and install (10) Identiv DS47L-SSP-TS-HL outdoor scrambleprox card readers on the exterior entry doors.
3. ASI will provide and install (10) Identiv MB5 outdoor mounting box for the above-listed card readers.
4. ASI will provide and install (10) Identiv MELM2 resistor packs.
5. ASI will provide and install (5) Life Safety Power FPO150-C4E1 lock power supplies.
6. ASI will provide and install (10) GRI 4405-A surface mount door contacts.
7. ASI will provide and install (10) Bosch DS160 request to exit motion sensors.
8. ASI will provide and install (10) Command Access CL180 electrified cylindrical locksets.
9. ASI will provide and install (10) Keedex KDLA armored door loops.
10. ASI will provide and install (20) Powersonic 12v7ah backup batteries for the above-listed power supply.
11. ASI will provide and install all necessary EMT conduit from the control panel locations to the card reader/door hardware locations.
12. ASI will provide and install all necessary plenum rated access control cabling.
13. ASI will provide a licensed electrician to provide 120vac power to the above listed panels and power supplies. *It is assumed that there is adequate space on the existing electrical panels to accommodate this. If an additional panel is required, additional costs will apply*
14. ASI will provide labor to program, test, and commission the above listed equipment.
Total cost for the installation of the above listed system will be $88,400.00 (Eighty-eight thousand four hundred dollars)
$47,779.75 – Labor (Prevailing Wage)
$34,896.40 – Material
$ 3,231.40 – Sales Tax (9.26%)
$ 2,240.15 – Bonding
$ 252.30 – Shipping
$88,400.00 – Total
EXCLUSIONS:
1. ASI is not responsible for the condition or functionality of existing equipment or new equipment provided by others. If existing equipment or equipment provided by others is found to be defective a cost for repair or replacement will be provided.
2. Any Item not specifically listed above.
Thank you for the opportunity to bid this project to your organization.
This scope of work is contingent upon Access Systems, Inc.’s terms and conditions and is valid for thirty (30) days.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Brandon Herd
Brandon Herd
President
COV - Pump Stations ACS_R1
California Certified Small Business # 34854
NV License # 0085320
February 1, 2025
Naveed Ashraf
City of Vallejo
Re: City of Vallejo – Access Control Maintenance & Service Access Systems, Inc. is pleased to present the following proposal for continued maintenance and support of the City’s Identiv access control system.
Scope of work is as follows:
1. ASI will provide maintenance and support services, on an as-needed basis, for the City’s enterprise class Identiv Velocity access control system.
2. To remain consistent with the existing contract, the yearly values of this support agreement will be:
a. 2025 - $25,000.00
b. 2026 - $25,000.00
c. 2027 - $25,000.00
d. 2028 - $25,000.00
e. 2029 - $25,000.00
i. Total: $125,000.00
3. Anticipated milestones are as follows:
a. February 1, 2025 – Contract start date
b. October 31, 2029 – Contract expiration date
Thank you for the opportunity to bid this project to your organization.
This scope of work is contingent upon Access Systems, Inc.’s terms and conditions.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Brandon Herd
Brandon Herd
President
COV - Maintenance & Service_R1
California Certified Small Business # 34854
NV License # 0085320
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN/WOMEN BY THESE PRESENTS, that we,
, as Principal, and
, as Surety, are held and firmly bound unto the City of Vallejo, a municipal corporation of the State of California, hereinafter called the City, in the penal sum of DOLLARS ($ ), 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:
Access Control in City Facilities
NOW, THEREFORE, the condition of this obligation is such that if the above bounded Principal shall in all things stand to abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract agreed on his/her or their part to be kept and performed at the time and in the manner herein specified, and shall indemnify and save harmless the City of Vallejo, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherw ise, 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 attorney s' fees as may be fixed by the Court.
The Surety herein, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same shall in any manner affect its obligations on this bond, and said Surety does hereby waive notice of any such change, extension, alteration or addition. Said Surety hereby waives the provisions of Section 2819 and 2845 of the Civil Code of the State of California
IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this day of , 20 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
PRINCIPAL SURETY
SURETY INFORMATION:
Contact Person:
Name of Company:
Address:
Telephone: ( ) Fax no. : ( )
NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.
APPROVED AS TO FORM:
Veronica A.F. Nebb
City Attorney
CITY OF VALLEJO
PUBLIC WORKS DEPARTMENT
MAINTENANCE DIVISION
PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL MEN/WOMEN BY THESE PRESENTS, that whereas, the City of Vallejo, a municipal corporation of the State of California, acting through its City Council, has awarded: hereinafter designated as the Principal, a contract for:
Access Control in City Facilities
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same.
NOW, THEREFORE, we,
as Principal and ,
as Surety, are held firmly bound unto the City of Vallejo, a municipal corporation, hereinafter called City, in the penal sum of
DOLLARS ($ ), and no
more, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, as herein provided.
The condition of this obligation is such that, if said Principal, or his/her or its Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of California Civil Code, commencing with Section 9550, and providing that the persons, companies or corporations so furnishing said materials, provisions, or other supplies, appliances or power used in, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation, renting, or hiring implements, or machinery, or power, for, or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said Title 15, the Surety, or Sureties, hereon will pay the same in an amount not exceeding the sum specified in his/her or its bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
The Surety herein, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same, shall in any manner affec t its obligation on this bond, and said Surety does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, the above bounden parties have executed this Instrument under several seals this day of , 20 . The
name and Corporate Seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.
PRINCIPAL: SURETY:
SURETY INFORMATION:
Contact Person:
Name of Company:
Address:
Telephone: ( ) Fax no.: ( )
NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged.
(2) This Bond must be in an amount equal to 100% of the amount bid.
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
CONSENT CALENDAR 8.F.
DATE: March 11, 2025
TO: Mayor and Members of the City Council
FROM: Andrew Murray, City Manager
Jason Ackley, Assistant to the City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY AND AKIN GUMP STRAUS HAUER & FELD, LLP WITH A NOT-TO-EXCEED AMOUNT OF $180,000, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving the Consultant and Professional Services Agreement with Akin Gump Straus Hauer & Feld (“Akin Gump”) for legislative affairs services, with a not-to-exceed amount of $180,000 and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
Approval of this Agreement provides continuity for legislative support and advocacy efforts. Akin Gump provides the City with professional services in support of the City's legislative and grant funding priorities.
BACKGROUND AND DISCUSSION
Akin Gump has been contracted to provide legislative support to the City of Vallejo since April 2020.
Additionally, Akin Gump has provided similar support to the Solano Transportation Authority (STA) and related entities pursuant to a separate contract since 2007. As a member of the Joint Powers Authority, the City of Vallejo is a party to the professional services agreement with Akin Gump and utilizes the firm's services via the cooperative STA agreement to establish and advocate for legislative priorities for the City of Vallejo related to transportation and transit infrastructure.
In April 2020, the City Manager entered into a separate Consultant and Professional Services Agreement with Akin Gump to expand legislative support to include the City's economic development, water, housing, and public safety legislative priorities.
The original contract with Akin Gump and all amendments have expired in fiscal year (FY) 2024-2025. City Staff recommends continuing the relationship with Akin Gump, and are requesting authorization to enter into a new contract for through FY 2025-2026, at a cost of $10,000 monthly, with options to extend in future fiscal years for a maximum contract term of five years.
FISCAL IMPACT
The services covered by this Agreement are budgeted for in the City Manager's Office and Water Fund budgets for FY 2025-2026. Funding for the services provided in future fiscal years would be requested as part of future annual budgets.
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
Date: March 11, 2025
Subject: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY AND AKIN GUMP STRAUS HAUER & FELD, LLP WITH A NOT-TO-EXCEED AMOUNT OF $180,000, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. RESO _Akin_Gump_2025 CAO STAMP
2. ConsultantProfessionalServicesAgreementAkin2025- CAO STAMP
CONTACT
Jason Ackley, Assistant to the City Manager
[email protected]
RESOLUTION NO. 2_-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH AKIN GUMP STRAUS HAUER & FELD, LLP WITH A NOT-TO-EXCEED AMOUNT OF $180,000 THROUGH JUNE 30, 2026 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, Akin Gump Straus Hauer & Feld, LLP (Consultant) has been contracted to provide legislative support to the City of Vallejo (City) since April of 2020 to establish and advocate for legislative priorities for the City; and
WHEREAS, the City wishes to retain the services of Consultant through the remainder of Fiscal Year 24/25 and the entirety of Fiscal Year 25/26, and additional funding is necessary to compensate Consultant for its continued provision of services.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Consultant and Professional Services Agreement between the City of Vallejo and Akin Gump Straus Hauer & Feld, LLP with a not-to-exceed amount of ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000) and authorizes the City Manager to execute same.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on March 11, 2025, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST
ANDREA SORCE, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
Consultant and Professional Services Agreement Page 1 of 10
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this March __, 2025, by and between the City of Vallejo, a municipal corporation ("City"), and Akin Gump Straus Hauer & Feld, LLP, a Limited Liability Partnership, 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, entitled “Scope of Work” attached hereto and incorporated herein by reference.
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” attached hereto and incorporated herein by reference. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, officer, official, director, agent, volunteer, affiliate, 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.
Consultant and Professional Services Agreement Page 2 of 10 The provisions of this section shall survive the expiration or termination of this Agreement.
5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Consultant” attached hereto and incorporated herein by reference. Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Consultant is an independent contractor.
Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
Consultant and Professional Services Agreement Page 3 of 10
9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
10. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.
11. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, Consultant and Professional Services Agreement Page 4 of 10 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.
12. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
13. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant or its subcontractors 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.
14. 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.
15. Term. The term of this Agreement shall commence on January 1, 2025 and shall continue in full force and effect until June 30, 2027.
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 five years.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the Consultant and Professional Services Agreement Page 5 of 10 appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
16. 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.
17. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
18. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.
Consultant and Professional Services Agreement Page 6 of 10
19. 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, which may be withheld for any reason or no reason whatsoever. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
20. 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.
21. 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 origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Consultant Consultant and Professional Services Agreement Page 7 of 10 for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
22. 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: Andrew Murray
City Manager
555 Santa Clara Street
Vallejo, CA 94590
If to CONSULTANT: Susan Lent
Partner
Akin Gump Strauss Hauer & Feld, LLP
2001 K Street NW
Washington, DC 20006
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
23. 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.
24. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
25. Law Governing. This Agreement shall in all respects be governed by the Consultant and Professional Services Agreement Page 8 of 10 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.
26. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
27. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
28. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neutral, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
29. 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.
30. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
31. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.
Consultant and Professional Services Agreement Page 9 of 10 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.
32. 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.
33. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
34. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
35. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
36. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.
37. 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]
Consultant and Professional Services Agreement Page 10 of 10 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
Akin Gump Strauss Hauer & Feld, LLP
a Limited Liability Partnership
By:
Susan Lent
Partner
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Andrew Murray
City Manager
DATE:
ATTEST:
By:
Dawn Abrahamson
City Clerk
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
Consultant and Professional Services Agreement Page 1 of 2
EXHIBIT A
SCOPE OF WORK
1. Representatives. The City Representative for this Agreement is:
Jason Ackley, Assistant to the City Manager
555 Santa Clara Street
Vallejo, CA 94590
(707) 648-4577
[email protected]
The Consultant’s Representative for this Agreement is:
Susan Lent, Partner
Akin Gump Strauss Hauer & Feld, LLP
2001 K Street N.W.
Washington, D.C. 20006
(202) 887-4559
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.
2. Services to be Provided. Consultant has various services that City can utilize as needed:
•Developing comprehensive strategic and tactical plans to achieve specific legislative, policy or regulatory objectives at all levels of government in the United States and internationally.
•Direct advocacy with government decision-makers.
•Forming and coordinating professional teams (e.g., media, local counsel and/or other consultants) to advance client objectives at a single level of government or in multiple government venues (e.g., state/federal, multistate and international). •Supporting advocacy by client government relations staff. •Drafting, analyzing and monitoring legislation, policy and regulations. •Legislative and oversight investigation, including witness hearing preparation. •Forming and managing coalitions.
•Managing and organizing grassroots and grasstops lobbying efforts. •Advocacy related to mergers and acquisitions.
•Planning and communicating public policy initiatives.
•Counseling on election law, ethics rules and political compliance. •Advocacy and managing state referenda and initiatives.
Consultant and Professional Services Agreement Page 2 of 2
3. Time for Performance. Consultant will perform the services according to the schedule below. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.
4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.
Key personnel are as follows: Susan Lent; Dario Frommer.
Consultant and Professional Services Agreement Page 1 of 3 Exhibit B - Compensation
EXHIBIT B
COMPENSATION
1. Consultant’s Compensation.
A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed ONE HUNDRED AND EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($180,000.00).
Consultant shall notify City in writing no later than thirty (30) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.
City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement upon satisfactory completion of the services and delivery of the work product as follows:
• $10,000 per month.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
2. 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.
Consultant and Professional Services Agreement Page 2 of 3 Exhibit B - Compensation
3. 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. Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Consultant shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to Consultant for correction. City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.
D. Request for payment shall be sent to:
Narcissa Wilson, Executive Secretary
City of Vallejo, City Manager’s Office
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
4. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.
The obligations of Consultant under this section shall survive this Agreement.
Consultant and Professional Services Agreement Page 3 of 3 Exhibit B - Compensation
5. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6. 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.
Consultant and Professional Services Agreement 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. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Consultant under this agreement.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $100,000 per accident for bodily injury and property damage.
Consultant and Professional Services Agreement Page 2 of 3 Exhibit C – Insurance Requirements
C. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
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 elected and appointed officers, officials, employees, agents, contractors 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 elected and appointed officers, officials, employees, agents contractors or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. 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 its elected and appointed officers, officials, employees, agents contractors or volunteers before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured.
C. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its elected and appointed officers, officials, employees, agents, contractors 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.
D. Any failure to comply with reporting or other provisions of the policies Consultant and Professional Services Agreement Page 3 of 3 Exhibit C – Insurance Requirements
including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
E. 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.
F. 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.
G. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required herein, are canceled or Consultant otherwise ceases to be insured as required herein.
CONSENT CALENDAR 8.G.
DATE: March 11, 2025
TO: Mayor and Members of the City Council
FROM: Jason Ta, Chief of Police
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE CITY OF VALLEJO’S $75,302 ALLOCATION FROM THE FISCAL YEAR 2024 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (“JAG”), APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A MEMORANDUM OF UNDERSTANDING RELATED THERETO, AND NOTICING INTENT TO AMEND THE FUND 149 FISCAL YEAR 2024–2025 BUDGET IN THE AMOUNT OF $75,302
RECOMMENDATION
Adopt a Resolution:
1. Accepting the City of Vallejo’s $75,302 allocation from the Fiscal Year 2024 Edward Byrne Memorial Justice Assistance Grant (“JAG”);
2. Approving and Authorizing the City Manager to execute a Memorandum of Understanding (“MOU”) by and between the cities of Vallejo, Vacaville, and Fairfield, and Solano County, relating thereto; and
3. As the first in a two-step process, accept notice of intent to amend the Fiscal Year 2024-2025 Fund 149 budget to recognize revenue and appropriate expenditures in the amount of $75,302.
REASONS FOR RECOMMENDATION
Staff recommends acceptance of the JAG 2024 Grant to purchase critical equipment that will enhance officer safety and improve the administration of justice.
BACKGROUND AND DISCUSSION
The United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (“BJA”) awarded $132,778 of Fiscal Year 2024 JAG funds jointly to Solano County and the cities of Fairfield, Vacaville, and Vallejo (“JAG 2024 Grant”). Due to grant disbursement requirements, the grantees desire to enter into a MOU designating the City of Fairfield to serve as the fiscal agent for the grant and agreeing to the reallocation and spending plan for the funds to be awarded to the Fairfield Police Department, Vacaville Police Department, and Vallejo Police Department.
The JAG 2024 Grant will provide funding to support law enforcement programs in Solano County. To maximize the benefit to each agency and the communities they serve, the agencies are required to collaborate and jointly apply for a single grant. The City of Fairfield submitted a joint application on behalf of all the agencies. Based on the BJA’s allocation formula, the JAG 2024 Grant is to be allocated as follows:
To the City of Fairfield: $39,222 (includes $3,983 for administrative costs) To the City of Vacaville: $18,254
To the City of Vallejo: $75,302
To the County of Solano: $0 (no JAG 2024 Grant allocation from the BJA)
Date: March 11, 2025
Subject:
ADOPT A RESOLUTION ACCEPTING THE CITY OF VALLEJO’S $75,302 ALLOCATION FROM THE FISCAL YEAR 2024 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (“JAG”),
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING RELATED THERETO, AND NOTICING INTENT TO AMEND THE FUND 149 FISCAL YEAR 2024–2025 BUDGET IN THE AMOUNT OF $75,302
The three Police Departments propose using the Grant funds to focus on three priorities: (1) strengthening community safety, (2) improving officer capabilities, and (3) preventing and interrupting violent crime through innovative policing. These priorities are intended to rebuild trust between police and the community, reduce and prevent cycles of violent crime, and implement innovative policing practices to keep communities and officers safe from evolving threats.
The City of Fairfield Police Department will use its $39,222 allocation to establish a Real-Time Information Center (“RTIC”) within its main police building ($35,239) and administer the JAG 2024 Grant ($3,983).
The City of Vacaville Police Department will use its $18,254 allocation on DUI enforcement tools.
The City of Vallejo Police Department will use its $75,302 allocation on evidence photo markers, ballistic safety vests, a K9 hidden bite sleeve, a Hyundai/Kia event data recorder kit, two kinetic breaching tools for the SWAT unit, and general equipment for police recruits.
FISCAL IMPACT
The proposed amendment to the City of Vallejo’s Fiscal Year 2024-2025 Fund 149 (JAG) budget will increase revenue and expenditures by $75,302. If approved, this Grant will enable the Vallejo Police Department to receive – and use - $75,302 to enhance officer safety, improve officer capabilities, and prevent and interrupt violent crime through innovative policing.
A local match is not required.
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 - Accept Grant - Step 1 (JAG 2024) CAO Stamp
2. e - 01-21-25 FINAL_JAG 2024 MOU - Solano County FINAL
CONTACT
Jason Ta, Chief of Police
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 25-____ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO ACCEPTING THE CITY OF VALLEJO’S $75,302 ALLOCATION FROM THE FISCAL YEAR 2024 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (“JAG”), APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING RELATED THERETO, AND PROVIDING A NOTICE OF INTENT TO AMEND THE FUND 149 FISCAL YEAR 2024–2025 BUDGET IN THE AMOUNT OF $75,302
WHEREAS, the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (“BJA”) awarded $132,778 of Fiscal Year 2024 JAG funds jointly to the law enforcement agencies of Solano County and the cities of Fairfield, Vacaville, and Vallejo (“JAG 2024 Grant”); and
WHEREAS, on September 25, 2024, Vallejo Police Department was awarded a $550,000 Fiscal Year 2024 Connect and Protect: Law Enforcement Behavioral Health Response Program grant from the US DOJ BJA to continue and expand IHART’s services (the “Grant”); and WHEREAS, the BJA’s allocation formula provides the Grant is to be allocated as follows:
To the City of Fairfield: $39,222 (includes $3,983 for administrative costs) To the City of Vacaville: $18,254
To the City of Vallejo: $75,302
To the County of Solano: $0 (no JAG 2024 Grant allocation from the BJA); and WHEREAS, the cities of Fairfield, Vacaville, and Vallejo desire to enter into a Memorandum of Understanding designating the City of Fairfield as the fiscal agent for the Grant; and WHEREAS, the Grant funds will be spent on pre-designated items that promote the following priorities: 1) strengthening community safety, (2) improving officer capabilities, and (3) preventing and interrupting violent crime through innovative policing; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby authorizes acceptance of the City of Vallejo’s $75,302 Grant allocation.
BE IT FURTHER RESOLVED that the City Council hereby approves the Memorandum of Understanding, and any amendments thereto, relating to the Grant funds and authorizes the City Manager or his designee to execute same.
BE IT FURTHER RESOLVED that, pursuant to City Charter Section 703, City Council hereby provides notice of its intent to amend the Fiscal Year 2024-2025 Fund 149 (JAG) budget to reflect the Grant revenue and appropriate corresponding expenditures for the Police Department.
BE IT FURTHER RESOLVED that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
Adopted by the City Council of the City of Vallejo at a regular meeting held on March 11, 2025, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ANDREA SORCE, MAYOR
ATTEST:
DAWN G. ABRAHAMSON, CITY CLERK
JAG 2024 Award#:
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SOLANO AND THE CITIES OF
FAIRFIELD, VACAVILLE AND VALLEJO
ANNUAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Memorandum of Understanding (“MOU”) is made and entered into this day of , 2025, by and between the County of Solano, acting by and through the County Sheriff, hereinafter referred to as COUNTY, and the Cities of Fairfield, Vacaville and Vallejo, acting by and through their respective Chiefs of Police, hereinafter referred to as CITIES. CITIES and COUNTY may be referred to from time to time individually as “party” or collectively as “parties.”
RECITALS
WHEREAS, COUNTY and CITIES find this MOU to be in the best interests of all parties, that the undertaking will benefit the public, and that the division of funding fairly compensates each party for the services or functions under this MOU; and WHEREAS, the Parties have jointly received a Federal allocation of funds from the FY 2024 Edward Byrne Memorial Justice Assistance (JAG) Program (“JAG Program”) in the amount of $132,778; and
WHEREAS, the grant requires that one agency serve as the Fiscal Agent for the funds and administer the financial and programmatic requirements; and WHEREAS, the City of Fairfield, through the Fairfield Police Department (collectively “FAIRFIELD”) will serve in the capacity of Fiscal Agent for the JAG Program; and WHEREAS, the Parties believe it to be in their best interests to reallocate the $132,778 in JAG funding as provided in this MOU.
NOW THEREFORE, COUNTY AND CITIES agree as follows:
Section 1 - Re-Allocation of Funds
COUNTY and CITIES collectively agree that the $132,778 of JAG Program funding received by the Parties will be allocated as follows:
To the City of Fairfield: $39,222 (includes $3,983/administrative costs) To the City of Vallejo: $75,302
To the City of Vacaville: $18,254
JAG 2024 Award#:
To the County of Solano: $0 (No 2024 JAG allocation from the BJA) Section 2 – Grant Administration
FAIRFIELD will be the Fiscal Agent and Grant Administrator for the Parties.
A. CITIES shall be responsible for submitting the information required by the JAG Program funding rules and regulations regarding their JAG Program funded project(s), including project description, project objectives, implementation timeline, and budgetary information, to the Fairfield Police Department.
B. Upon receipt of the JAG Program funds, the FAIRFIELD will deposit the entire award amount into an interest-bearing trust fund. FAIRFIELD will disburse funds to CITIES on a quarterly basis. Funds will be disbursed to individual CITIES after CITIES submission and approval of quarterly reports.
C. Upon request by FAIRFIELD, CITIES shall provide financial and program data from their JAG Program-funded project(s) for preparation of the appropriate quarterly and annual reports and any other reports required under the grant.
D. FAIRFIELD, as the Fiscal Agent, will prepare and submit the required financial and programmatic reports to the BJA.
E. CITIES agree to reallocate 3% of the total JAG Program funds, i.e. $3,983 to FAIRFIELD for administrative costs.
1. CITIES agree to expend the JAG Program funds within two years from the date of receipt of funds by FAIRFIELD.
2. If any of the CITIES do not expend their allocation of JAG Program funds within such 2 years, FAIRFIELD reserves the right to retain additional funds from that agency’s allocation to cover the additional administrative costs associated with continuing beyond two years. In accordance with BJA policies, the total administrative costs allocated to FAIRFIELD shall not exceed 10% of the total award, or $13,277.80, whichever is less.
3. When CITIES have expended their allocations, FAIRFIELD will allocate any unexpended administrative funds and any trust fund interest to an existing or new Fairfield JAG Program project area, with BJA approval.
Section 3 – Records
CITIES shall retain sufficient records demonstrating their compliance with the terms of this MOU and the terms and requirements of the JAG Program. CITIES shall allow access to the public records concerning this MOU and the JAG Program grant to the FAIRFIELD, its employees and agents, for the purposes of administering the grant and ensuring compliance with all grant requirements. Under no circumstances will FAIRFIELD be entitled to access records that are protected by the attorney/client privilege or the attorney work product privilege or any other records the disclosure of which would violate state or federal law.
Section 4 – Liability and Indemnification
All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen's compensation, and other benefits which apply to the activity of officers, agents or employees of any party when performing their JAG 2024 Award#:
respective functions within their territorial limits, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties under this MOU.
Each party shall indemnify, defend and hold harmless each other party and their respective officers, officials, employees, agents and volunteers from and against all liabilities, losses, damages, claims, expenses, and costs of every nature arising out of or in connection with its performance, failure to perform or failure to comply with any obligations contained in this MOU. No party shall be required to indemnify another party for liability caused by the negligence or willful misconduct of the other party or parties.
Section 5 – Third Parties
The parties do not intend for any third party to obtain a right by virtue of this MOU.
Section 6 – Obligations and Rights
By entering into this MOU, the parties do not intend to create any obligations expressed or implied other than those set out herein; further, this MOU shall not create any rights for any party not a signatory hereto. This MOU may only be amended by a writing signed by all of the parties.
County of Solano: Date:
County Administrator
City of Fairfield: Date:
City Manager
City of Vacaville Date:
City Manager
City of Vallejo: Date:
City Manager
CONSENT CALENDAR 8.H.
DATE: March 11, 2025
TO: Mayor and Members of the City Council
FROM: Kristin Pollot, AICP, Planning and Development Services Director SUBJECT: ADOPT A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH SHUMS CODA & ASSOCIATES, INC. TO INCREASE THE NOT-TO-EXCEED AMOUNT FROM $300,000 TO $350,000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving the Third Amendment to the Consultant and Professional Services Agreement with Shums Coda & Associates, Inc. to increase the not-to-exceed amount from $300,000 to $350,000 and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
The City of Vallejo relies on contractual services to provide permitting and inspection support during periods of high activity or for projects requiring specialized expertise. Shums Coda & Associates, Inc. has been a reliable partner, providing services under an agreement initially approved on March 28, 2023, with a not-to-exceed amount of $100,000.
The agreement was amended twice to increase the not-to-exceed amount to $300,000. However, current workloads have necessitated an additional amendment to further increase the not-to-exceed amount by $50,000, bringing the total to $350,000.
The services provided by Shums Coda & Associates, Inc. have been instrumental in reducing plan check turn- around times, managing inspection workloads, and addressing complex projects requiring specialized knowledge. The proposed Third Amendment ensures continued support for these critical services through the conclusion of the contract period on March 28, 2025.
BACKGROUND AND DISCUSSION
The Building Division uses contractual services on an as-needed basis to assist staff with plan review, building inspections and other work related to building permits during periods of high construction activity and for projects requiring specialized knowledge. Contractual support supplements the City staff's effort to reduce plan check turn-around time, provide customer support and manage the inspection workload.
The Planning and Development Services Department’s Building Division has required additional support to manage high permitting, plan review, and inspection workloads effectively. Contractual services provided by Shums Coda & Associates, Inc. are essential to maintaining timely service delivery and ensuring compliance with building codes and regulations for projects requiring specialized knowledge.
This amendment increases the contract's not-to-exceed amount to $350,000, allowing continued support for permitting and inspection needs.
FISCAL IMPACT
Date: March 11, 2025
Subject: ADOPT A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH SHUMS CODA & ASSOCIATES, INC. TO INCREASE THE NOT-TO-EXCEED AMOUNT FROM $300,000 TO $350,000, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
There will be no impact on the General Fund as a result of the recommended actions. Funding for contractual plan review, inspection, and other permit-related professional services, as described herein, is generated directly from the fees collected for plan review and building permits.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Section 15378, as it is not a project that has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS
1. Resolution_Shums Coda Third Amendment_CAO Stamp
2. Third Amendment_Shums Coda & Associates_CAO Stamp
3. Second Amendment_Shums Coda & Associates
4. First Amendment_Shums Coda & Associates
5. Consultant and Professional Services Agreement_Shums Coda & Associates
CONTACT
Kristin Pollot, AICP, Planning and Development Services Director (707) 648-4326
[email protected]
RESOLUTION NO. 25- _____ N.C.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A
THIRD AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH SHUMS CODA & ASSOCIATES, INC. TO INCREASE THE NOT- TO-EXCEED AMOUNT FROM $300,000 TO $350,000, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME
WHEREAS, the City of Vallejo Planning and Development Services Department Building Division uses contractual services on an as-needed basis to assist staff with permitting, plan review, building inspections, and other work related to building permits requiring specialized knowledge and to meet specific time constraints on an individual basis; and
WHEREAS, contractual support assists the City by providing technical expertise for processing complex building applications and meet plan check turn-around time; and WHEREAS, Shums Coda & Associates, Inc. provides permitting and field inspection services to the City’s Building Division; and
WHEREAS, the City entered into a Consultant and Professional Services Agreement with Shums Coda & Associates, Inc. on March 28, 2023, with a not-to-exceed amount of $100,000; and
WHEREAS, on March 19, 2024, the City exercised its option to extend the term of the Agreement by one additional year to expire on March 28, 2025; and WHEREAS, on May 29, 2024, the City Council approved the First Amendment to the Agreement to increase Consultant’s compensation by $75,000 to the not to exceed amount of $175,000; and
WHEREAS, on November 19, 2024, the City Council approved the Second Amendment to the Agreement to increase Consultant’s compensation by $125,000 to the not to exceed amount of $300,000.00; and
WHEREAS, the City is still in need of Consultant’s services and wishes to amend the Agreement to increase compensation by $50,000 to a maximum not to exceed amount of $350,000.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Third Amendment to the Consultant and Professional Services Agreement with Shums Coda & Associates, Inc., to increase the not-to-exceed amount from $300,000 to 350,000.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute same.
Adopted by the City Council of the City of Vallejo at a regular meeting held on March 11, 2025, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ANDREA SORCE, MAYOR
ATTEST: ______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Third Amendment to Consultant Professional Services Agreement - Shums Coda & Associates Inc. Page 1 of 3
THIRD AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF VALLEJO
AND
SHUMS CODA & ASSOCIATES, INC.
This Third Amendment to the Consultant and Professional Services Agreement, made and entered into on March 28th, 2023, hereinafter referred to as “Agreement,” between Shums Coda & Associates 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 11th day of March 2025.
WHEREAS, pursuant to the Agreement, Consultant provides permitting and field inspection services to the City’s Building Division on an as-needed basis to assist staff during periods of high construction activity or for projects requiring specialized knowledge; and
WHEREAS, on March 19, 2024, the City exercised its option to extend the term of the Agreement by one additional year to expire on March 28, 2025; and WHEREAS, on May 29, 2024, the City Council approved the First Amendment to the Agreement to increase Consultant’s compensation by $75,000 to the not to exceed amount of $175,000; and
WHEREAS, on November 19, 2024, the City Council approved the Second Amendment to the Agreement to increase Consultant’s compensation by $125,000 to the not to exceed amount of $300,000.00; and
WHEREAS, the parties wish to amend the Agreement to allow Consultant to continue to provide the City with its professional services through the expiration of the term on March 28, 2025.
NOW THEREFORE, Consultant and City do mutually agree as follows:
1. Revised Compensation to Consultant. Consultant’s compensation as set forth in Section 1.A of Exhibit B of the Agreement is hereby increased by $50,000.00 to a maximum not to exceed amount of $350,000.00.
2. Integration. This Third 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 Third Amendment. This Third 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
Third Amendment to Consultant Professional Services Agreement - Shums Coda & Associates Inc. Page 2 of 3 perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the Agreement, the provisions of this Third Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this Third Amendment and have agreed to each term of this Third Amendment. No ambiguity shall be presumed to be construed against either party.
5. Counterparts. This Third Amendment may be executed by the parties in one or more counterparts, all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this Third Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Third Amendment on behalf of Consultant.
Signatures on following page
Third Amendment to Consultant Professional Services Agreement - Shums Coda & Associates Inc. Page 3 of 3 IN WITNESS WHEREOF, the parties have entered into this Third Amendment on the day and year first hereinabove appearing.
SHUMS CODA & ASSOCIATES, INC.,
a California corporation
BY:
Christine Godinez
Chief Operating Officer
DATE:
11710500
Vallejo Business License No
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Andrew Murray
City Manager
DATE:
ATTEST:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Kristin Pollot, AICP
Planning & Development Services Director
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
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Contract Number:36
Date Originated:
Finance Department · 555 Santa Clara Street · Vallejo · CA · 94590 · 707.648.4592 Department:3ODQQLQJDQG%XLOGLQJ6HUYLFHV3ODQQLQJ'LYLVLRQ Staff Contact:'DOH0LOOHU'DOH0LOOHU#FLW\RIYDOOHMRQHW Contract Type: $PHQGPHQW
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Contract Not to Exceed Amount:
Contract Start Date: 0DU End Date: 0DU Authority to Contract: &LW\&RXQFLO Date to Council:1RY
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Mar 28, 2023 10:30 AM, 1084667573
Contract and Routing Form
Requisition Number: 1084654723
Date Originated:
Finance Department · 555 Santa Clara Street · Vallejo · CA · 94590 · 707.648.4592 Department: Planning and Building Services, Building Division Staff Contact: Anthony Cook, [email protected] Contract Type: Professional Services Agreement
Vendor: Shums Coda & Associates Inc. Vendor Number:103534 Business License Number: 11710500
Contract Not to Exceed Amount: 100000.00
Contract Start Date: Mar 28, 2023 End Date: Mar 28, 2024 Option to Extend: City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three years.
Authority to Contract: City Manager
Other Comments:
Insurance is attached
Pre-req is attached
Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Insurance
I have uploaded additional files.No
23-PS155
Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
Finance Department
City Attorney
City Manager
City Clerk
Return executed contract to: Anthony Cook
Shums Coda & Associates Inc. Professional Services Agreement Page 1 of 10
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
SHUMS CODA & ASSOCIATES INC.
This Consultant and Professional Services Agreement ("Agreement ") is made at Vallejo, California, dated for reference this 28th day of March, 2023, by and between the City of Vallejo, a municipal corporation ("City"), and Shums Coda & Associates 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 Ci ty professional services as specified in Exhibit A, entitled “As-Needed Outside Review, Permitting, and Field Inspe ction Services,” hereinafter referred to as “Scope of Work.”
2. Payment. City shall pay Consultant for services rendered pursuant to t his A g r e e m e n t a t t h e t i m e s a n d i n t h e m a n n e r s e t f o r t h i n E x h i b i t 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, vo lunteers 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, exp ert fees, losses or liability, in law or in equity, of every kind and nature whats oever arising out of or in connection with Consultant’s operations, or any subcontracto r’s operations, to be performed under this agreement for Consultant’s or subcontra ctor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, e m o t i o n a l i n j u r y , sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused b y a n y a c t o r omission of Consultant, or any subcontractor, or anyone directl y or indirectly employed by any of them or anyone for the full period of time a llowed 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.
5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements
Shums Coda & Associates Inc. Professional Services Agreement Page 2 of 10 for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s famil y, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who perform s services on behalf of Consultant pursuant to this Agreement must file a full State ment of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, o r d e r , o r s i m i l a r authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract ; adopts or approves for the City any policy, standard or guideline; lobbies on beha lf of the City, or p e r f o r m s t h e s a m e o r s u b s t a n t i a l l y a l l t h e s a m e d u t i e s f o r t h e City that would otherwise be performed by an individual holding a position spec ified 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, a g e n t s , o r subcontractors, if any, is an employee of City by virtue of thi s Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or person s duly licensed by the State of California to provide the type of services to be p erformed under this Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost
Shums Coda & Associates Inc. Professional Services Agreement Page 3 of 10 and expense, keep in effect at all times during the term of thi s Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agr eement to City’s Finance Department for a business license, pay the applicable b usiness 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 th is Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.
11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including wit hout 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 prep are plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval , conditional approval or disapproval by City, it is understood that such rev iew, 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 accepta nce 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.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed b y causes or
Shums Coda & Associates Inc. Professional Services Agreement Page 4 of 10 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 Repre sentative of this in writing. If additional time is required to perform the work, th e 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 terminati on of this Agreement.
The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled t o a n y s a l a r y o r w a g e s , o r r e t i r e m e n t , h e a l t h , l e a v e o r o t h e r 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 re quired to pay any workers' compensation insurance on behalf of Consultant.
Consultant shall pay, when and as due, any and all taxes incurr ed as a result of Consultant’s compensation hereunder, including estimated taxes, a n d s h a l l 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 im plied to act on behalf of City in any capacity whatsoever as an agent. Consult ant shall have no authority, express or implied, under this Agreement, to bind Ci ty to any obligation whatsoever.
16. Term. The term of this Agreement shall commence on March 28, 2023 and shall continue in full force and effect until March 28, 2024.
City shall, at its discretion, have the right to extend the ter m of this Agreement, in intervals of one year, by written notice to Consultant. The tot al duration of this Agreement, including the exercise of any options under this sec tion, shall not exceed three years.
Shums Coda & Associates Inc. Professional Services Agreement Page 5 of 10 If the term of this Agreement extends into fiscal years subsequent to that in which it is initially approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under thi s 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 noti ce to Consultant.
Upon receipt of a notice of termination, Consultant shall perfo rm no further work except as specified in the notice. Before the date of terminati on, 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 accorda nce with this Agreement before the date of termination. If this contract prov ides 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 service s 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 d a t e o f 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 wr itings, work sheets, reports, recordings, dra wings, files, detailed calculations and other work products, whether complete or incom plete, of Consultant resulting from services rendered pursuant to this Ag reement, shall become the property of City. Consultant agrees that all copyri ghts which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for us e 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 spe cified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
Shums Coda & Associates Inc. Professional Services Agreement Page 6 of 10
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Cons ultant’s services hereunder.
20. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its righ ts, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Co nsultant’s subcontractor for purposes of establishing a duty of care betwe en the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bou nd by all terms and conditions of this agreement and the same shall be incorpor ated into and made a part of any assignment or subcontractor agreement.
21. Successors and Assigns. A l l t e r m s , c o n d i t i o n s , a n d p r o v i s i o n s o f t h i s 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, col or, sex, national original, ancestry, disability, medical condition, age, marital s t a t u s o r s e x u a l orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, co nditions or privileges any person, and every employee will receive equal op portunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without re gard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed , color, sex, national origin, ancestry, disability, medical condition, age, marital s tatus or sexual
Shums Coda & Associates Inc. Professional Services Agreement Page 7 of 10 orientation in the selection and retention of employees, subcon tractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procu rement of materials or equipment, each potential subcontractor or supplie r 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 Rig hts Act of 1964, as amended, the California Fair Employment Practices Act, the Amer icans 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: Steve Arnold
Chief Building Official
Building Division
555 Santa Clara St.
Vallejo, CA 94590
[email protected]
If to Consultant: Christine Godinez
Chief Operating Officer
Shums Coda & Associates Inc.
5776 Stoneridge Mall Rd., Ste 150
Pleasanton, CA 94588
[email protected]
Any party may change its address for receiving notices by givin g 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 or al or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be
Shums Coda & Associates Inc. 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 defau lt, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such part y's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to re fer 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 u nder this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use Cit y information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of th e performance of services under this Agreement for any purpose other than fulfil lment of Consultant’s scope of work , to protect all City Information an d treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services u n d e r t h i s Agreement, without the prior written consent of City, or as required by law.
Shums Coda & Associates Inc. 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 v iolation of this Agreement and will justify legal and/or equitable relief.
Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or el ectronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original s hall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Shums Coda & Associates Inc. Professional Services Agreement Page 10 of 10 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
SHUMS CODA & ASSOCIATES INC.,
a California corporation
By:
Christine Godinez
Chief Operating Officer
DATE:
11710500
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Mike Malone
City Manager
DATE:
ATTEST:
By:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Christina Ratcliffe
Planning & Development Services
Director
APPROVED AS TO FORM:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
(;+,%,7$
City of Vallejo
Shums Coda Associates
Plan Review, Permitting and Field Inspection Services
Table of Contents
Cover Letter .......................................................................................................................... 1 - 2 Information About Firm......................................... ............................................................... 3-4 4 Approach to Completing Scope of Services ...................................................................... 45 - 50 Fee Schedule................................................... ................................................................. 51 - 52 References .............................................................................................................................. 53 Consultant and Professional Services Agreement/ Insurance .................................................. 54
City of Vallejo
Shums Coda Associates
Plan Review, Permitting and Field Inspection Services
1 Cover Letter
June 1, 2022
Steve Arnold, Chief Building Official
City of Vallejo, Building Inspection Division
555 Santa Clara Street, 2nd Floor, City Hall
Vallejo, CA 94590-5934
RE: As-Needed Outside Plan Review, Permitting and Field Inspection Services Thank you for the opportunity to present this proposal to provi de As-Needed Outside Plan Review, Permitting and Field Inspection Services, to the City of Vallejo. We are confident that Shums Coda Associates, Inc (SCA) is the firm with the personnel, experience, and attitude that will be needed to successfully provide these as-needed services to the City of Vallejo.
SCA is a building and life-safety consulting firm that was foun ded in 2006 on the principle of assisting our municipal partners with staff augmentation and de velopmental services related to construction review, permitting, inspections and documentation procedures – a l l o f th e s a me features highlighted in the RFP solicitation. SCA was established with the philosophy of providing customizable building and life-safety services through highly qualified and experienced staff. We review and inspect all facets of design construction related to c o d e m i n i m u m s a n d l o c a l amendments, such as: architectural, accessibility/CASp, structu ral, fire-safety, energy, green building, mechanical, electrical, and plumbing; and have staff to assist with associated reporting.
By selecting SCA, you will have access to our entire team of ab out 100 employees who are all experienced and code knowledgeable, with a proven track record of providing outstanding service. We will utilize our code expertise to create a consistent on-time delivery of services and providing cost-effectiveness through focused staff application (as needed). SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception.
We are comprised of licensed architects, engineers, contractors , and ICC-certified personnel that have a wealth of code knowledge and experience in design o r construction related fields.
SCA believes that an understanding of how buildings are designe d and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and enco urages continuing education to maintain our understanding of the ever-changing code requirements and amendments.
Depending on the code section, we have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to fin d value in learning the history and intent of code language to assist with accurately applying it to our reviews and inspections (with final determinations clearly coming from the municipal client staff).
We are committed to a vision of service excellence that we beli eve the City of Vallejo shares.
Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size project s and varying complexities.
Positive interactions related to our work product is centered in our desire to be more than a mere consultant firm with inspection, plan review, building official, and permit processing services, but rather a contributing partner, functioning as an extension of the City’s staff. We look to see that projects are successfully completed anda reflection of the City’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability of having all construction reviewed in a cooperative partnership between Building and Planning, Public Works, Environmental, Police, Fire, and other departments and divisions within the City – as well as serving the community.
City of Vallejo
Shums Coda Associates
Plan Review, Permitting and Field Inspection Services
2 Cover Letter
We are constantly improving our staffing levels and efficiencies to match the complexity of each project’s scope, and our additions in staffing over the past few years will be a perfect opportunity to display our strengths. Our goal is to provide a positive out come to City of Vallejo’s Building Department needs, and we believe that SCA is the firm that can continue to make development services at the City of Vallejo a source of community pride. The following proposal will highlight key features and distinguishing points of the SCA team that will assist in this undertaking.
We intend to provide primary services out of our Corporate Headquarters located at: 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. Main Line: 925-463-0651 I Fax: 925- 463-06591. With additional support staff being provided from our regional offices (when needed):
x Northern California (Sacramento) - 1024 Iron Point Road, Suite 100, Folsom, CA 95630 x Southern California – 5208 Weymouth Way, Oceanside, CA 92057 x Arizona - 1616 North Litchfield Road, Suite A-210, Goodyear, A Z 85395 x Northern Utah - 5782 South 920 East, Murray, UT 84121 x Southern Utah - 2284 East 3400 South Street, Saint George, UT 84790 x Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 x Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237
Correspondence or communication regarding the proposal should b e directed to Christine Godinez, Chief Operating Officer, via email: [email protected] or by phone (925) 463-0651 (main), and (925) 463-0691 (fax).
The following corporate officers are authorized to make these representations on behalf of SCA:
x David Basinger, CEO/ Principal
x Christine Godinez, COO/Corporate Secretary
If SCA is fortunate enough to be awarded this contract, we will perform the services and adhere to the requirements described in this RFP. Our team looks forwa rd to answering any additional questions you may have about our firm after reviewing our proposal.
Sincerely,
David Basinger, Architect Christine Godinez
CEO/ Principal COO/ Corporate Secretary
[email protected] [email protected] (925) 413-5626 (Cell) (925) 463-0651 (Main Line)
https://www.shumscoda.com/
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
3 Information About Firm
Shums Coda Associates, Inc (SCA) is a building and life-safety consulting firm that was established in 2006, is headquar tered in Pleasanton (5776 Stone ridge Mall Rd., Ste. 150; Pleasanton, CA 94588). We have nearly 100 employees (see attach ed organizational chart for locations) that have the experie nce to provide complete, accura te, and on-time plan review, inspection and permitting services that the City of Vallejo des ires. Our team is comprised of California licensed civil or structural engineers, architects, ICC certified plan reviewers, inspectors, permit technicians and Certified Access Specialists (CASp) within our staff. We have expanded our staffing levels and expertise, with the acquisitio n of the former Colorado Code Consulting in December of 2020, which was a firm that provided nearly identical services to SCA, along with additional service line that provided nationwide code training services. This highlights how we continue to seek means to improve our services and allow s us to remain excited to demonstrate how we continue to increase our services to a highe r standard, for our clients.
However, even if not under contract, we continue to be at the r eady to answer any and all code inquiries that develop with jurisdictions throughout the Nation, as we truly have code compliance at the forefront of our thought process. That is why we often w ill answer our emails, phone calls (925.463.0651), or even old-school facsimiles (925.463.0691), at all times of the day or night, as all of our contacts can be found on our website – shumscoda.com.
SCA provides all of these services to communities like the City of Vallejo, and throughout eight regional offices in five states. We are constantly adapting and seeking ways to provide excellent service to customers in the face of increased expectations. This is why partnering with SCA is the ideal solution to these issues faced by the City. We will provi de expert staff to meet the City of Vallejo’ s d e s i r e d s e r v i c e l e v e l s , o n a n a s-needed basis, allowing flexibility to manage your Planning and Building Department in the most beneficial manner.
The diversity in the people that work at SCA will provide the C ity of Vallejo with a full understanding why they have partnered with a firm that takes a sincere interest in your community.
SCA values every client and is committed to customizing our ser vices to meet the needs that make the City of Vallejo unique. With such a large and experienced team, that now is entering into our sixteenth year of business in providing these code services to our municipal partners, we continue to see the value in adapting our work product to the customized needs at City of Vallejo – more than other firms that provide similar services. We will listen to the City’s staff, and take our lead from their direction, and hopefully build a relationship as a valued team member. At the end of each day, it is important for us to stress that the City of Vallejo is not just a client, as we must earn your trust to build that strong working relationship we desire – and the best way to earn this is by showing the City what sets us apart from others.
Collectively, SCA staff have wel l over a century of experience providing building and life-safety services to and for governmental agencies. Most of our staff st arted their careers with an extensive design or construction background, which over the yea r s h a s s h i f te d i n t o mu n i c i p a l roles and experiences. With this extensive construction and life-safety history, SCA understands the importance of communication with our clients to ensure that our team can translate the public requirements to the private sector and create exceptional building and life-safety customer service for all of our clients. We therefore provide multiple ways for the City (or the applicants) to contact our managers or staff (office and cell phones, emails, and texts), as we prefer to provide as many opportunities as possible to com munication and resolve issues q uickly. Likewise, we recognize that sometimes we will need to alert the City staff to issues we have di scovered in our reviews or
inspections, or to obtain direction on how to proceed with unusual code concerns – so only through communicating with the City, will a clear and consistent message be delivered in a timely manner.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
4 Information About Firm
We also take a great deal of pride in our ability to internally train our staff. SCA has expanded our education staffing to now provide technical code classes th rough the nation, and through many of the local ICC Chapters. Many of our team members, such as Terry Knox, our Sacramento Regional Manager and Business Development Director, and Steve Thomas, our Colorado Regional Manager and Education Director, (along with many others in our team) have provided ICC approved training throughout the nation. We believe that we cannot strive to be the best unless we stay up to date on regulations we are required t o e n f o r c e . S C A h a s t a k e n advantage of our own staff’s technical expertise to train from within, and we are in the process of establishing a program to educate and train the next generat ion of plans examiners, as well as building and fire inspectors. We encourage continuing educat ion to maintain our understanding of the ever-changing code requirements and amendments. Constantly improving SCA team knowledge related to plan review items allows us to ex pedite project reviews, as we are current and proficient with new or difficult to understand code sections, and their proper applications. SCA can also offer this same level of technical t raining to current City of Vallejo staff (if requested).
With all of this stated, it is clear that the types of work ser vices we specialize in providing (only to municipal clients) is building and life-safety services rela ted to the review, inspection and administration of permit documenting for all construction projects. This means that we are adept at assisting with these facets for new or remodeled single-fami ly residential homes, ADU’s or photovoltaic and energy storage systems. Yet, SCA also has experience with larger multi-family residential complexes, residential care facilities, memory-care or assisted-living facilities, and OSHPD 3 clinics and surgery centers. Our work also specializes in commercial tenant improvements, new office or retail centers, assembly structures (i.e., theatres, stadiums, restaurants, malls and religious facilities), as well as industrial and warehouse construction. Add to our expertise, working on parking structures, manufacturing plants, educational facilities, and all associated civil or fire systems, it should be clear that S CA has been involved with every aspect of construction.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
5 Information About Firm
CityLead Professional Personnel
SCA will provide available plans examiner and plan check engine ers along with experienced inspectors and permit technicians through our Corporate Headquarters’ office in Pleasanton, CA.
David Basinger our CEO/ Principal will serve as our primary point of contact for technical services and utilize our local staff first to service this contract. However, with plan reviews now being performed electronically, we may also provide more plan review staff (and find potential inspectors) through our regional office locations. As deemed ne cessary by the assigned workload, this will allow SCA to engage our staff in other regions that have expertise in a specific discipline, which is always helpful in providing complete revie ws for larger projects. The other aspect of this approach is that with more staff available, we a re better suited to maintain plan review turnaround times, or in many cases provide additional plan review meetings or discussions of comments, to assist the owners and their design teams in providing a complete response to all code concerns – often reducing the review times, or number of review cycles.
The following key personnel will service this contract as outlined in the scope of services included in the RFP. (Licenses & Certifications can be found after our organizational chart.)
We propose the following plan review staff: David Basinger (architect, manager/owner and plans examiner), Kurt McMullin (senior plan check engineer), Su Fong, Mariam Umair, Ryan Loh, Rouhi El-Rabaa (experienced engi neers that also review non-stru ctural systems), Myron Williams, Dean Kuenzi, David Logsdon (experienced plans examiners that specialize in electrical reviews), Jason Van Ausdal (mechanical and plumbing specialist) , Steve Thomas, Gil Rossmiller, and Barbara Rice (code educators, complete plan rev iews and special reviews in sustainability, energy and fire reviews).
For inspectors and/or permit technicians: SCA will provide resumes and allow for interview(s) by the City prior to our staff providing any of these services. We have many well qualified staff in these areas currently but would need to arrange their availabil ity to the City of Vallejo (when needed), and also ensure that they would be a good “fit” with the current Vallejo staff (to maintain an efficient work force within the jurisdiction).
On that note, we will identify the following key personnel that will provide primary points of contact for our services:
David Basinger, Architect and Principal/CEO – will be the point of contact for technical code issues and provide immediate adjustments in SCA staffing levels when requested by the City. Mr.
Basinger has served in multiple jurisdictions as Acting Buildin g Official, Acting Deputy Building Official and/or Plan Check Manager, so he is able to supervise our staff and maintain balance with jurisdictional desires related to levels of service provid ed, particularly as it revolves around plan review needs, and can address any immediate adjustments re questing in technical approach. (925) 463-0651; [email protected]
Terry Knox, CBO, Sacramento Regional Manager, Business Development Director – will be the primary liaison between the City of Vallejo and SCA inspect ion and permit technician personnel. Mr. Knox manages all of SCA inspection and permit technician staffing and has the authority to adjust our current team assignments to provide par t-time or full-time staffing assistance in these areas for Vallejo. (916) 367-8518; [email protected]
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
6 Information About Firm
Christine Godinez, COO – serves as the SCA point of contact for items related to invoic ing, certificates of insurance, and managing our plan review trackin g software. Through our website and team of plans coordinators, SCA can provide clear and direc t information to the city staff related to plan review status, as well as provide another layer of plan submittal completeness assessments at each review cycle. (925) 463-0651; [email protected]
Stephanie Stuckemeyer, Operations Manager – oversees our internal plans coordinators team to ensure that each plan received by SCA is logged into our database to allow for tracking of each review cycle and maintains turnarounds and delivery of completed reviews. This team will assess each project review at the time of submittal and ensure that appropriate SCA plan review staff is assigned to complete the plan review. Stephanie also supervises our on-boarding process with new clients to ensure that we have all processes and procedures documented and understood prior to beginning reviews for the City. (925) 463-0651; [email protected]
Kurt McMullin, PE, PhD, Senior Plan Check Engineer – is an experienced design engineer and college professor, that oversees our staff of plan review e ngineers. He has reviewed every type of structural system and building type, as it relates to the four building materials (wood, steel, concrete, and masonry). Mr. McMullin’s wealth of theoretical engineering application and practical design experience, allows for our structural reviews to be focu sed and on-point for only critical structural issues. (925) 463-0651; [email protected]
Ryan Loh, SE, Plan Check Engineer – is an experienced structural design engineer, that has also provided municipal services plan reviews. He is experienced in complex structural design systems, having worked on code reviews and peer reviews of adva nced structural systems and design modeling. (925) 463-0651; [email protected]
Rouhi El-Rabaa, PE, CASp, Plan Check Engineer – is an experience structural plan review engineer, but also reviews non-structural systems. Rouhi will provide all types of plan reviews for our core team but will be the primary contact point for any accessibility issue that may arise with particular plan reviews. (925) 463-0651; [email protected]
Dean Kuenzi, CBO, Plans Examiner – reviews all systems of building plans, but has an expertise in electrical code plan review issues. Dean provides our primary point of electrical expertise when needed, as he teaches electrical classes and leads much of our large PV solar array reviews. (925) 463-0651; [email protected]
David Logsdon, Plans Examiner – is a complete plans examiner, but he is extremely knowledgeable in electrical reviews of medium and high voltage systems. Prior to his long career with Clark County, NV, where he served as Building Plan Review Manager; David was the project manager for the expansion of terminal 3 at the Harry Reed Airpo rt/McClaren Field. (844) 674- 5179; [email protected]
Myron Williams, Plans Examiner – has an extensive career in complex plan review projects and coordinating team comments to pr ovide a focus on critical code issues. Myron has reviewed prison expansions, hospital construction, large office campus c onstruction and several large- scale multi-family housing projects. (844) 674-5179; [email protected]
Jason Van Ausdal, CBO, Plans Examiner, Instructor – will serve as our plan review team lead on mechanical and plumbing systems, as Jason teaches multiple courses on the mechanical and plumbing codes, as well as having extensive experience with construction and inspection of these building systems. (844) 674-5179; [email protected]
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
7 Information About Firm
Gil Rossmiller, CBO, Plans Examiner – will serve as our expertise in energy and sustainability codes, as he also provides extensive code classes on these subj ects, as well as serving on the ICC Energy Code Committee. (844) 674-5179; [email protected]
Steve Thomas, CBO, Plans Examiner, Education Director – began his career as a municipal inspector and plans examiner, where he was quickly promoted to CBO at the City of Glendale, CO. This small jurisdiction in the middle of Denver, has only f our single-family residences, with the rest of the jurisdiction being high-rise multi-family struc tures and retail/entertainment businesses. Steve left the jurisdiction to form his own code co nsulting firm and begin a code education business that provides classes across the nation. His firm was acquired by SCA in 2020 and he continues to provide education and plan review services in a similar role. (844) 674-5179; [email protected]
Barbara Rice, CBO/CFM, Regi onal Director and Educator – has a diverse background with building and fire departments in Oregon, California and Arizona, serving as a plans examiner and inspector for both building and fire departments. Ultimately mo ving into management roles as CBO or Fire Marshal (or both at the same time) for multiple jur isdictions. Barbara is adept at providing review of complex fire modeling, sprinklers or alarm systems, while also assisting with on-site EVA and hydrant location/standards, or any building egr ess and life-safety concern. Her involvement with our services will bring added benefits to the extent of our capabilities. (844) 674- 5179; [email protected]
Organizational Chart
We provide our organizational chart (next page) to show the str ength of our team and to define where our key staff are physically located, but this no longer reflects the regions in which they can provide code expertise to our clients. As stated previously, we will provide the majority of our services through our Corporate Headquarters in Pleasanton; however, it is important to note that any of our overall plan review staff is available to assist with larger volumes or more complicated review projects. We can provide multiple experts in each buildi ng system/field with our internal methods of communication between SCA offices. As stated, the pandemic has shifted plan review services to be almost entirely electronic, so we now can distri bute plan reviews (in whole or in portions) to any of our staff and provide a final list of code comments that are cohesive and complete, from any combination of our regional office locations. This allows SCA to provide more staff to solve workflow issues than the key staff we identified in our proposed team. We have great confidence that this approach will be successful in the City of Vallejo, as it has with all of our clients.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
8 Information About Firm
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
9 Information About Firm
David Basinger, Architect
CEO/ Principal
Education
Bachelor of Architecture (with
an emphasis on urban
redevelopment), California
Polytechnic State University
at San Luis Obispo
Licenses & Certifications
Registered Architect, State of
California, License No.
C25605
Registered Architect, State of
Arizona, Registration No.
57859
Registered Architect, State of
Nevada, License No. 7116
Registered Architect, State of
Utah, License No.
10180242-0301
Registered Architect, State of
Colorado, License No.
406323
Registered Architect, State of
Hawaii, License No. 17696
Registered Architect, State of
Washington, License No.
12600
NCARB Certified, No. 77371
ICC Building Plans Examiner
Memberships
A.I.A. Member
PROFESSIONAL SUMMARY
David Basinger is a licensed Architect in multiple States and i s the original founder of Shums Coda Associates in 2006. David has ov er 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner.
PROFESSIONAL EXPERIENCE
CEO/ Principal ------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA
M a n a g e s p l a n r e v i e w , i n s p e c t i o n s a n d p e r m i t t i n g s e r v i c e s f o r numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi- family residential construction projects. David has served as Acting Building Official or provided in- house plan review services for numerous jurisdictions in Califo rnia, such a s Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville.
Arizona Regional Office Manager --------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ
Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Windo w Rock.
Provided assistance with large- scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor.
Influential in taking the Arizona effort from a single client to over two dozen clients in a two- y e a r p e r i o d , m a n a g i n g e l e v e n e m p l o y e e s a n d t h r e e business lines.
Senior Plans Examiner/Senior Associate ------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ
Provided plan reviews, and jurisdictional in- house/counter reviews and technical assistance for projects in California, Arizona, Nevad a, Washington, and Idaho. Managed several large- scale developments as a project supervisor, and often provid e c o d e c o n s u l t a t i o n s f o r c o m p l ex mixed-use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Du blin, California. Projects reviewed include campus designs for Microsoft, Veritas, G o o g l e , A l z a P h a r m a c e u t i c a l s a n d o t h e r h i g h - t e c h o r b i o -tech related businesses, as well as several mid-rise or high-rise multi-family complexes.
Architect ----------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA
Completed architectural and structural engineering design for r esidential, commercial, and light industrial structures in the San Francisc o Bay Area.
Duties included design, drafting, structural calculations, buil ding surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
10 Information About Firm
Kurt McMullin
Plan Check Engineer
Education
PhD, Civil Engineering,
University of California,
Berkeley
MS, Civil Engineering,
University of California,
Berkeley
BS, Agricultural Engineering,
Iowa State University
Licenses & Certifications
Professional Civil Engineer,
State of California, License #
C47595
Publications
Books (5)
Patents (1)
Peer-Reviewed Journals (9)
Online Webinar (1)
National/International
Conference Papers (32)
External Funded Grants &
Awards (11)
PROFESSIONAL EXPERIENCE
Plan Check Engineer ------------------- November 2015 – Present Shums Coda Associates
• Reviews complex plans for building construction.
• Review plans, calculations, and specifications for compliance with the most current adopted codes and ordinances.
• Preparation of Plans Comments Letter according to industry and SCA standards.
• Meet and confer with the clients as needed to clarify plan check comments
• Travel to jurisdictions on an as-needed basis to support clients.
Professor ------------------------------------------------ 2008 – Present San Jose State University, San Jose, CA
Teaches the following courses:
Engineering Graphics, AutoCAD and Programming (Lower division required), Statics (Lower divisio n required), Mechanics of Mate rials (Upper division required), Mechanics of Material Laboratory (U pper division required), Structural Analysis Laboratory (Upper division required), Design of Steel Structures (Upper division elective), Design of Timber Structure (Upper division elective), Earthquake Resistan t Design (Upper division elective), Advanced Seismic Resistant Design (G raduate elective), Advanced Steel Design (Graduate elective), Structural Engineering Seminar (Graduate elective), Special Problems (Grad uate elective), Master’s Thesis (Graduate elective)
Consultant ---------------------------------------------- 1991 – Present • Evaluation of building designs for conformance with U.S. and Ca lifornia building codes.
• Evaluation of various engineering structural systems for perform ance goals.
• Forensic engineering for legal proceedings.
• Analytical evaluation of complex structural systems.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
11 Information About Firm
Su Fong, PE
Plan Check Engineer
Education
M.S. Civil Engineering, San
Jose State University
B.S. Architectural
Engineering, California
Polytechnic State
University
Licenses & Certifications
Professional Civil Engineer,
State of California, No.
89055
ICC Building Plans Examiner
Memberships
Union Local 21 South Bay
Chapter —Secretary/
Treasurer of AEA Board
PROFESSIONAL EXPERIENCE
Plan Check Engineer ----------------------- October 2021 – Present Shums Coda Associates
• Review plans, calculations, and s pecifications for compliance with the most current adopted codes and ordinances.
• Preparation of Plans Comments Letter according to industry and SCA standards.
• Meet and confer with the clients as needed to clarify plan chec k comments.
• Travel to jurisdictions on an as-needed basis to support clients.
Associate Engineer ------------------ June 2015 – September 2021 City of San Jose, CA
• Examine construction documents for new mixed- use buildings, commercial tenant improvements, industrial improvements, multi- family dwellings, and single-family d wellings for compliance with local building codes and ordinances.
• Facilitate meetings and correspondence between applicants and associated Development Services departments to advance the permitting process.
• Advise owners, architects, engineers, contractors, and developers of code requirements through the design process and construction phase. • Inform the Public of local zoning, M/P/E, energy conservation, and fire protection regulations relating to building codes in order to mitigate critical design oversights.
• Collaborate with building inspectors, M/P/E inspectors, code enforcement inspectors, planning, public works, and fire engineers to strea mline the permit process and resolve field issues.
• Manage project timelines based on target dates, resource assess ment, and situational diagnosis by balancing priority, organized multitasking, and anticipating conflicts.
• E n s u r e l i f e s a f e t y t h r o u g h c o d e enforcement whil e maintaining professional customer service.
Design Engineer ---------------------- September 2013 – June 2015 Applied Engineering, Milpitas, CA
• Designed raised floor moment- frame steel substructure and reviewed shop drawings.
• Produced calculations and drawings for residential structures, commercial equipment anchorage, cleanroom ceiling supports, pipe supports, railings, and accessible ramps.
• BIM lead for the relocation of a media research and development center to an existing steel building structure undergoing seismic upgrades. • Utilized Revit for interdisciplinary coordination through multi ple design phases with owners, architects, and manufacturers.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
12 Information About Firm
Mariam Umair
Plan Check Engineer
Education
M.S., Structural Engineering -
San Jose State University
Graduated: December 2014
B.S., Civil Engineering -
University of Engineering &
Technology, Taxila, Pakistan
Graduated: August 2010
Licenses & Certifications
Licensed EIT
Memberships
Chi Epsilon
National Civil Engineering
Society ASCE
American Society of Civil
Engineers
PROFESSIONAL EXPERIENCE
Plan Check Engineer ---------------------------- May 2017 - Present Shums Coda Associates
• Reviews complex plans for building construction.
• Review plans, calculations, and specifications for compliance with the most current adopted codes and ordinances.
• Preparation of Plans Comments Letter according to industry and SCA standards.
• Meet and confer with the clients as needed to clarify plan check comments
• Travel to jurisdictions on an as-needed basis to support clients.
Jr. Design Engineer -------------- March 2011 – November 2011 Zeeruk International, Islamabad, Pakistan
Design of mid- & low-rise concrete residential projects using ETABS. Design of EOBI (Employees Old age Benefit Institute) concrete commercial building project in the Capital of Pakistan, Islamabad using SAP & SAFE. Preparation o f s u b m i s s i o n d r a w i n g s a l o n g w i t h t h e d e s i g n d o c u m e n t s of EOBI commercial building project.
Engineer-In-Training -------- September 2010 – February 2011 National Highway Authority, Islamabad, Pakistan
Worked on the analysis of several concrete bridges on STAAD Pro . In collaboration with design consultant. Co- o r d i n a t e b e t w e e n t h e d e s i g n wing of NHA and the bridge design consultant
Intern ---------------------------------- July 2009 – September 2009 MIHA (Muhammad Iqbal Haq Associates)
W o r k e d I n t h e d e s i g n o f f i c e a n d p i c k e d u p b a s i c c o n c e p t s o n b ridge designs. Hands on with STAAD pro soft ware. Overviewed code for highways and bridges.
Intern ----------------------------------------- April 2008 – June 2008 Adnan Nasir Associates, pvt. ltd
Detail study of architectural and structural drawings of multi-story concrete building. Overseeing the entire construction site.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
13 Information About Firm
Ryan Loh, SE
Plan Check Engineer
Education
Master of Science Degree in
Civil Engineering, San Jose
State University
Bachelor of Science Degree in
Civil Engineering, Oklahoma
State University
Licenses & Certifications
Professional Structural
Engineer, State of California,
License # 5192
Professional Civil Engineer,
State of California, License #
5491
PROFESSIONAL EXPERIENCE
Plan Check Engineer ---------------------------------- 2017 - Present Shums Coda Associates
• Reviews complex plans for building construction.
• Review plans, calculations, and specifications for compliance with the most current adopted codes and ordinances.
• Preparation of Plans Comments Letter according to industry and SCA standards.
• Meet and confer with the clients as needed to clarify plan check comments
• Travel to jurisdictions on an as-needed basis to support clients.
Relevant Project Experience
Office Building Projects ------------------------------------------------- Mountain View Research Center, Mountain View
San Rafael Business Park, San Rafael, CA
Novellus Tualatin, Tualatin, OR
Police City Service Center, Menlo Park, CA
School Projects -------------------------------- --------------------------- Lawson Middle School, Building 900, Cupertino
Ark High School-Santa Cruz School District
Burlingame High School
Eaton School Modernization
Cupertino High School Modernization
Menlo Atherton High School Modernization
Milpitas High School Modernization
Monta Vista High School Modernization
Ohlone Elementary School Modernization
Piedmont High School Modernization
Multi Units Projects -------------------------------- --------------------- Opportunity Center of mid-peninsula, Palo Alto
Holiday Express Inn, Watsonville
Sleep Inn, San Jose, CA
Retail Projects ------------------------------------------------------------- Mckevitt Volvo, San Leandro, CA
Mckevitt Lincoln and Volvo, Margate, FL
Mitsubishi Dealership, Victorville, CA
Fountains Building M, Roseville, CA
The Plant, Building 2, 3, 4, 6, 7, 8 9 and 10, San Jose, CA Nut Tree Outlet, Buildings 2, 3 and 4, Vacaville, CA
Creek Bridge Village, Building R1 and R3
Church Projects ----------------------------------------------------------- Golden State Baptist Church, Santa Clara, CA
Foothill Community Church, San Jose, CA
Twin Palms Church, San Jose, CA
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
14 Information About Firm
Rouhi El-Rabaa, PE
Plan Check Engineer
Education
Bachelor’s in Civil Engineering,
California State University,
Los Angeles
Licenses & Certifications
Professional Civil Engineer,
State of California, License #
92565
Certified Access Specialist
(CASp), Cert # CASp-973
ICC Building Plans Examiner
PROFESSIONAL EXPERIENCE
Plan Check Engineer ------------------- December 2021 – Present Shums Coda Associates
• Review plans, calculations, and specifications for compliance with the most current adopted codes and ordinances.
• Preparation of Plans Comments Letter according to industry and SCA standards.
• Meet and confer with the clients as needed to clarify plan check comments.
• Travel to jurisdictions on an as-needed basis to support clients.
Supervising Plan Check Engineer -------- Dec. 2018 – Dec. 2021 Willdan Engineering, San Bernardino, CA
• Conduct full scope plan reviews for various disciplines, including architectural, structural, fire- resistive, accessibility, energy, MEP, and green.
• Electronic review (Bluebeam, ePlansoft, Adobe) and paper plan review. • Highly experienced reviewing the following types of buildings; single- family and multi-family residential, hotels, mixed- use, medical clinics, industrial, commercial, assembly, factory- built, and miscellaneous structures such as conveyors and platforms.
• Technical structural calculation review for regular and irregular buildings, podium structures, tilt- up construction, steel buildings, modular buildings, components, and freestanding structures.
• Train staff to recognize proper non- structural and structural design methodologies in plan review.
• Prepare correction letters issued to applicants as hardcopy or electronic. • Design coordination meetings with design professionals and perm it applicants.
Plans Examiner -------------- December 2017 – December 2018 City of Redlands, Redlands, CA
• Plan checked and reviewed non- structural and structural design of residential and commercial projects. Ensured that minimum code was established in the plan review stage.
• Resolved difficult problems with permit applicants and other me mbers of the public regarding building code compliance and City regulations. • Coordinated Division processes. Undertook or recommended changes to the processes in order to facilitate Division operations. • Supervised, trained, and evaluated permit issuance staff. • Prepared and issued comment lett ers to building permit applicants.
Worked with applicants to obtain building permit approval. • Prepared and categorized files, r eports, and methods to record Division activities and procedures.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
15 Information About Firm
Myron Williams
Plans Examiner/ Building Inspector
Education
General Education Courses, Utah
Valley State College
National Electrical Code
Davis Area Technology Center,
Kaysville, Utah
Licenses & Certifications
Combination Inspector, State of
Utah, License # 4958496-5601
ICC Certification # 5044251
ICC Mechanical Inspector
ICC Accessibility Inspector/Plans
Examiner
ICC Plumbing Inspector
ICC Mechanical Plans Examiner
ICC Residential Energy
Inspector/Plans Examiner
ICC Electrical Inspector
ICC Building Plans Examiner
ICC Combination Inspector
ICC Building Inspector
ICC Commercial Combination
Inspector
Memberships
Utah Chapter of ICC, Bonneville
Chapter
PROFESSIONAL EXPERIENCE
Plans Examiner -------------------------- February 2021 – Present Shums Coda Associates
• Review plans, calculations, and specifications for compliance with the most current adopted codes and ordinances.
• Preparation of Plans Comments Letter according to industry and SCA standards.
• Meet and confer with the clients as needed to clarify plan chec k comments.
• Travel to jurisdictions on an as-needed basis to support clients.
Municipal Projects
x Orangeville City
x Woods Cross City
x Cottonwood
Heights
x Centerville City
x East Carbon City
x Clarkston Town
x Farmington City
x Highland City
x Willard City
x Taylorsville Recreation
x Facility
x Taylorsville City Offices
x Taylorsville Recreation
Center
x Taylorsville
Senior Center
x Stockton Town
x Uintah County
x Davis County
x Town of Hideout
Commercial and Residential Projects
x Salt Lake City Wellman
Construction Ceiling Grid
Inspections
x Salt Lake City Woodside Homes
x Famous Footwear University Mall
Ceiling Grid
x Salt Lake City Veterans
Administration Bldg. Gardner
Development
x Midvale City IHC Storage
Warehouse
x Midvale Tuscany Senior
Apartments
x Midvale City Talavera
Townhomes and Apartments
x Taylorsville Legacy Village
Senior Living
K-12 Educational Projects
x American Preparatory Academy -
APA Draper II
x American Preparatory Academy -
Salem Liberty Academy Remodel
x American Preparatory Academy
Accelerated School
x American Preparatory Academy
Phase 2 Addition
x Midvale City IHC Storage
Warehouse
x Midvale Tuscany Senior
Apartments
x Midvale City Talavera
Townhomes and Apartments
x Taylorsville Legacy Village
Senior Living
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
16 Information About Firm
Dean Kuenzi, CBO
Plans Examiner/ Building Inspector
Education
A.S. Degree in Energy Systems –
Photovoltaics, Diablo Valley
College
B.S. Degree, Colorado State
University – Global, (Expected
2022)
Licenses & Certifications
ICC Commercial Electrical
Inspector
ICC Combination Inspector
ICC Commercial Energy Plans
Examiner
ICC Residential Plans Examiner
ICC Commercial Building Inspector
ICC Accessibility Inspector/Plans
Examiner
ICC Fire Plans Examiner
ICC Residential Mechanical
Inspector
ICC Master Code Professional
ICC Certified Building Official
ICC Building Plans Examiner
ICC Fuel Gas Inspector
ICC Residential Electrical Inspector
ICC Commercial Plumbing
Inspector
ICC Residential Plumbing Inspector
ICC Residential Building Inspector
ICC Commercial Mechanical
Inspector
ICC Plumbing Plans Examiner
ICC Residential Energy
Inspector/Plans Examiner
ICC Building Inspector
ICC Mechanical Inspector
ICC Electrical Inspector
ICC Plumbing Inspector
ICC Building Code Specialist
ICC Plumbing Code Specialist
ICC Residential Combination
Inspector
ICC Commercial Combination
Inspector
NABCEP Entry Level Certification
(Photovoltaic)
Post-Disaster Safety Assessment
Program (SAP)
PROFESSIONAL EXPERIENCE
Plans Examiner ------------------------ October 2020 – Present Shums Coda Associates
• Review plans, calculations, and specifications for compliance with the most current adopted codes and ordinances.
• Preparation of Plans Comments Letter according to industry and SCA standards.
• M e e t a n d c o n f e r w i t h t h e c l i e n t s a s n e e d e d t o c l a r i f y p l a n check comments.
• Travel to jurisdictions on an as-needed basis to support clients.
Operations Supervisor ------------- January 2019 – Present Building Inspector III-------- February 2016 – January 2019 El Dorado County, Placerville, CA
Supervise approximately 14 building inspectors based out of Placerville and South Lake Tahoe County offices. Responsible for overseeing complex code interpretation, communicating with the public and providing general customer service, updating standard ope rating procedures, planning employee training, coordinating with plan check and permit center, and conducting other managerial duties. As a building inspector and as needed in current supervisory role, c onduct field inspections of residential and commercia l buildings to determine compliance with approved plans and applicable building code; approve work done or provide correction notices; conduct permit researc h; investigate and provide assistance for issuance of stop work or ders; interpret and explain appli cable building codes to members of the public; and provide general customer service.
Building Inspector ---------------- May 2014 – February 2016 Town of Danville, Danville, CA
Conduct field inspections of residential and commercial buildin gs to determine compliance wit h plans and building codes; set up daily schedule; approve work done or provide correction notices; cond uct permit research; investigate stop work orders; interpret and ex plain applicable building codes to members of the public; and provide general customer service.
Building Inspector --------------------- April 2014 – May 2014 City of El Cerrito, El Cerrito, CA
Perform a variety of types of building inspection duties and as sists in the review of building plans and specifications. Position was temporary/part-time.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
17 Information About Firm
David Logsdon
Plans Examiner
Education
Associated Builders and
Contractors- Electrical 4-
year Program
Licenses & Certifications
ICC Residential Electrical
Inspector, Certification #
5317382-E1
ICC Electrical Plans
Examiner, Certification #
5317382
ICC Commercial Electrical
Inspector, Certification #
5317382-E2
ICC Electrical Inspector,
Certification # 5317382
Master Electrician, State of
Maryland, License # 2270
(Inactive)
PROFESSIONAL EXPERIENCE
Plans Examiner ----------------------------------- April 2021 – Present Shums Coda Associates
• Review plans, calculations, and specifications for compliance with the most current adopted codes and ordinances.
• Preparation of Plans Comments Letter according to industry and SCA standards.
• M e e t a n d c o n f e r w i t h t h e c l i e n t s a s n e e d e d t o c l a r i f y p l a n c h e ck comments.
• Travel to jurisdictions on an as-needed basis to support clients.
Manager Plans Examination --------- August 2019 – August 2020 Department of Building & Fire Prevention, Clark County Government Manage all aspects of the plan review process. I organize, adm inister, coordinate reviews, and evaluate the work of plan examination and associated staff through subordinate supervision. Coordinate a nd oversee projects that are reviewed by a contracted consultant, plan check employees, verify service provided and authorize request for payment. Participate in new employee interview process, attend staff meetings, and confer w ith and represent the department with developers, engineers, architects , c o n t r a c t o r s , a n d p r o p e r t y o w n e r s t o g i v e i n f o r m a t i o n r e g a r d i n g codes, regulations, and procedures.
Assistant Manager -------------------- October 2017 – August 2019 Department of Building & Fire Prevention, Clark County Government As the Assistant Manager Plans Examination, I manage the Plumbi ng Mechanical, Electrical, and Residential Plan Examiner staff. In addition to these duties, I manage the hired consultant staff and their work assignments.
These duties include:
x Assigns daily work schedules to Plans Examiners and consultant staff. x Provide technical assistance consistent code interpretation to staff and the public.
x Assist customers with the resolution of complex or difficult situa tions to ensure that the plans will comply with codes and regulatory requirements. x Attend meetings with developers, engineers, architects, contrac tors, and property owners to give information r egarding codes, regulations, and procedures.
x Participate in the new employee recruitment process.
x Prepare and administer Employee Performance Reports.
Plans Exam Specialist -------------------- May 2016 – October 2017 Department of Building & Fire Prevention, Clark County Government Reviewed Electrical Plans to ensure the plans are in compliance w i t h t h e National Electrical Code, International Energy Conservation Cod e (IECC) and Southern Nevada Local Amendments. Attended weekly update meetings and facilitate the per mit process with contractors, engineers, and architects.
Proficient in the over-the-counter permit program (OTC).
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
18 Information About Firm
Jason Van Ausdal, CBO
Plans Examiner/ Building Inspector/
Instructor
Education
Associates in Business
Administration and
Management, Stevens
Henegar Business College
Licenses & Certifications
Combination Inspector, State of
Utah, License # 339648-5601
ICC Commercial Combination
Inspector
ICC Building Code Specialist
ICC Combination Inspector
ICC Electrical Inspector
ICC Mechanical Inspector
ICC Building Inspector
ICC Certified Building Official
ICC Building Plans Examiner
ICC Plumbing Inspector,
Certification
Memberships
Current President - Utah
Association of Building
Officials
Current Chair - Utah Electrical
Advisory Committee
Past President - Utah Chapter
ICC
Past President - Northwest
Section IAEI
Past President - Utah Chapter
IAEI
PROFESSIONAL SUMMARY
Jason Van Ausdal has 21 years of leadership in community development departments as a Chief Building Official. Jason als o has 27+ years total in governmental service, 23 years of commercial and residential plans examination, and over 15 years in code instruction for contractors and inspectors.
PROFESSIONAL EXPERIENCE
Plans Examiner --------------------------- January 2022 – Present Building Inspector
Instructor
Shums Coda Associates
• Review plans, calculations, and specifications for compliance with the most current adopted codes and ordinances.
• Preparation of Plans Comments Letter according to industry and SCA standards.
• Meet and confer with the clients as needed to clarify comments. • Travel to jurisdictions on an as-needed basis to support clients.
Building Official ----------------------- December 2010 – Present Springville City, UT
Building Official ----------------- March 2000 – November 2010 Syracuse City, UT
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
19 Information About Firm
Gil Rossmiller
Plans Examiner/ Building Inspector/
Instructor
Licenses & Certifications
ICC Building Inspector
IgCC Plans Examiner
ICC Mechanical Inspector
ICC Plumbing Inspector
IgCC Commercial Inspector,
with ASHRAE 189.1
IgCC Commercial Inspector
IgCC Plans Examiner, with
ASHRAE 189
ICC Green Building -
Residential
Examiner
ICC Building Plans Examiner
Memberships
International Code Council -
Green Building Code (ICC-
700)
Consensus Committee (2005-
2006)
Residential Plumbing and
Mechanical Code
Development Committee
(2008-2010)
Commercial Energy Code
Development Committee
(2012 - present)
Green Building Technologies
Exam Development
Committee (2007-2010)
Colorado Chapter, Inc. of
International Code Council
(2003 – Present)
Code Change Committee,
Standardization Committee,
Program Committee
Educational Institute Instructor,
Chapter President – 2012
PROFESSIONAL SUMMARY
Gill Rossmiller has been in the building industry since 1975. Starting out as a construction laborer/carpenter then as a self- employed General Contractor working his way up to be an accomplished Plans Examiner and Building Official.
PROFESSIONAL EXPERIENCE
Plans Examiner ------------------------ December 2020 – Present Building Inspector
Instructor
Shums Coda Associates
• Review plans, calculations, and specifications for compliance with the most current adopted codes and ordinances.
• Preparation of Plans Comments Letter according to industry and SCA standards.
• Meet and confer with the clients as needed to clarify comments. • Travel to jurisdictions on an as-needed basis to support clients.
Instructor ----------------------------------- 2006 – December 2020 Plans Examiner
Energy Code
Colorado Code Consulting, CO
*Acquired by Shums Coda Associates in December 2020
Building Official ----------------------------------------- 2003 – 2006 Town of Parker, CO
Systems Improvement Manager -------------------- 2001 – 2003 Engle Homes of Colorado
Building Inspector/Plans Examiner ----------------- 1994 – 2001 Tyree and Associates
General Contractor ------------------------------------- 1984 – 1994 Self Employed
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
20 Information About Firm
Stephen “Steve” Thomas
Colorado Regional Manager, Education
Director
Education
B.S. in Business Administration -
University of Phoenix - Thesis:
“The Affects of a Housing Code in
the City of Glendale”
Course Work in Civil Engineering
Technology - CCD
Community College of Denver at
Red Rocks Lakewood, CO 1976 -
1978
Licenses & Certifications
ICC Building Plans Examiner
ICC Building Code Specialist
ICC Plumbing Inspector
ICC / AACE Property Maintenance
and Housing Inspector
ICC Building Inspector
ICC Building Code Official
ICC Accessibility Inspector/Plans
Examiner
ICC Housing Code Official
ICC Mechanical Inspector
ICC Residential Plans Examiner
ICC Certified Building Official
Memberships
International Code Council
National Fire Protection Association
Colorado Chapter ICC
Utah Chapter ICC
Arizona Building Officials
Colorado Municipal League
AIA Provider
Publications
Building Code Basics, 2009 IBC
Building Code Basics, 2012 IBC
Building Code Essentials, 2015 IBC
Building Code Essential, 2018 IBC
Applying the Codes to Cannabis
Facilities
PROFESSIONAL SUMMARY
Stephen “Steve” Thomas has over 40 years in the Building and Safety Industry. From Inspector, Plans Examiner, and a Building Official he has done it all. Through his experiences, he created Colorado Code C o n s u l t i n g a n d w a s t h e p r e s i d e n t o f t h e company between 1999 and 2020. He joined SCA in 2020 and continues to provide building code services to our clients.
Steve is also a successful course instructor for many courses including: The Community College of Denver, Lakewood
Colorado – Intro. to Building Codes, International Code Council Contract, Colorado Chapter ICC Educational Institute, Denver, CO, Southern Nevada Chapter ICC EduCode, Las Vegas, NV, Washington Association of Building Officials, Olympia, WA , Arizona Building Officials, Tucson, AZ, Oregon Building Officials Association, Eugene, OR, Utah Chapter ICC, Sandy, UT and St.
G e o r g e U T , A I A C o l o r a d o , D e n v e r , C O , a n d J o h n s o n C o u n t y Contractor Licensing Dept. Overland Park, KS.
PROFESSIONAL EXPERIENCE
Colorado Regional Manager --- December 2020 - Present
Education Director
Shums Coda Associates
Responsible for business services and client relations in Colorado. Serves as local point of contact and project manager for plan review, inspection, staff augmentation and other services provided.
President and Owner --------------- 1999 – December 2020 Colorado Code Consulting, Denver, CO
*Acquired by Shums Coda Associates in December 2020
Building Official ------------------------------------- 1981 – 1999 Community Development Director
City of Glendale, Glendale, CO
Building Inspector ---------------------------------- 1978 – 1981 Plans Examiner
Building Official
The Building Department, Inc., Denver, CO
Quality Control Testing Technician ----------- 1977 – 1978 Materials Testing, Inc., Denver, CO
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
21 Information About Firm
Barbara Rice, CBO, CFM
Arizona Regional Manager
Education
Columbia Southern University: MS
in Public Administration/
Emergency Management, Current
National Fire Academy Executive
Fire Officer Program: EFO 2011
Columbia Southern University: BS
in Fire Science, 2014-2018
Licenses & Certifications
IAAI-CFI Certified Fire Investigator
ICC Safety Assessment Program
(Disaster Mitigation)
ICC Certified Fire Marshal
ICC Building Plans Examiner
ICC /AACE Property Maintenance
and Housing Inspector
ICC Fire Inspector II
ICC Permit Technician
ICC Fire Plans Examiner
ICC Certified Building Official
ICC Zoning Inspector
ICC Permit Specialist
ICC Fire Code Specialist
IFSAC Fire Inspector I
IFSAC Fire Inspector II
IFSAC Plans Examiner
IFSAC Fire Investigator
Arizona State Fire Training
Committee, Fire Instructor I
Fire Instructor II
Texas Commission on Fire
Protection, Fire Investigator
Inspector
State of Oregon,
Fire and Life Safety Plans
Examiner
Manufactured Parks and Camp
Inspector
Manufactured Home Installer
Inspector
Residential Plans Examiner
Residential Structural Inspector
Commerc
ial Structural Inspector
State of Pennsylvania,
Residential Inspector
Commercial Inspector
Fire Inspector
Plans Examiner
PROFESSIONAL SUMMARY
Barbara Rice has 24 years in municipal and local government as a building official, plans examiner, fire marshal, inspector, permit technician, code enforcement and fire investigator.
PROFESSIONAL EXPERIENCE
Arizona Regional Manager ------- January 2022 – Present Shums Coda Associates
Responsible for business services and client relations in Arizona. Serves as local point of contact and project manager for plan review, inspection, staff augmentation and other services provided.
Building Safety Manager ------------ Sept. 2020 – Jan. 2022 Building Official/ Fire Marshal
Town of Sahuarita, AZ
• Conduct commercial and complicated plan review.
• Prepare division budget and determines appropriate use of funds. • Serve as Building Official and Fire Marshal. Interpret building codes and coordinates construction proje cts by researching codes and related material, consulting with owners, designers, staff, and plan review consultants, and resolving issues as needed.
• M a n a g e a n d m o n i t o r s w o r k p e r f o r m a n c e o f d i v i s i o n s t a f f ( 8 ) including evaluat ions, coordinating training establishing work objectives and performance objectives, establishing organizational goals, and assuring staffing to meet those goals.
• Implemented improvements to operations by streamlining work processes, improve revenue collec tion, improve customer service needs while maintaining operational and code integrity. • Ensure building permit and inspe ction process is administered i n accordance with local, State, and other regulations.
• Establish and maintain effe ctive working relationsh ips with other departments, local businesses, c o m m u n i t y g r o u p s , p r o f e s s i o n a l organizations, and other stakeholders.
• Interprets building codes and recommends code adoptions and amendments to Town Council.
• Serves as the lead professional in advising and admi nistering the Board of Appeals.
Adjunct Faculty ------------------------- February 2008 – Present Yavapai Community College, Clarkdale, AZ
• Teach fire code, investigation, prevention, and public educatio n courses for Fire Science program.
• Develop curriculum for new courses and material.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
22 Information About Firm
The following additional SCA employees and their credentials are provided here, to assist in providing information related to the rest of support team that would be available to assist with the City of Vallejo workflow:
Team Member/ Job Title Education / Licenses & Certifications David Basinger, Architect
CEO
Principal
Education
• Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications
• Architect, State of California, License No. C25605
• Architect, State of Arizona, Registration No. 57859
• Architect, State of Nevada, License No. 7116
• Architect, State of Utah, License No. 10180242-0301
• Architect, State of Colorado, License No. 406323
• Architect, State of Hawaii, License No. 17696
• Architect, State of Washington, License No. 12600
• NCARB Certified, No. 77371
• ICC Building Plans Examiner
Jason Bullock
Utah Regional Manager
Education
• B.S., Business Administration, University of Phoenix
Licenses & Certifications
• ICC Building Plans Examiner
• ICC Combination Inspector
• ICC Electrical Inspector
• ICC Building Inspector
• ICC Plumbing Inspector
• ICC Mechanical Inspector
• ICC Commercial Combination Inspector
Alan Ellis, CBO
Nevada Client Liaison
Manager
Education
• MBA, University of Phoenix, Las Vegas, NV
• B.A., Social Science, Michigan State University, East Lansing, MI Licenses & Certifications
• Fire Inspector, Uniform Fire Code Association
• Fire Inspector, International Fire Code Institute
• NFPA - Fire Inspector III, Office of the Nevada State Fire Marshal • NFPA - Plans Examiner II, Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council
• ICC Certified Building Official
• ICC Fire Inspector II
• ICC Building Inspector
• ICC Building Plans Examiner
• ICC Building Code Specialist
Terry Knox, MBA, CBO
Business Development
Director
Education
• Master of Business Administration, Minor in Construction Management • Bachelor of Science, Minor in Construction Management • Associates of Arts Degree in Building Inspection Technology Awards
• Helen Putnam Award for Excellence for Government Efficiency and Responsiveness
• California Building Official (CALBO) Hall of Fame
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
23 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Barbara Rice, CBO, CFM
Arizona Regional Manager
Education
• Columbia Southern University: MS in Public Administration/Emergency Management, Current
• National Fire Academy Executive Fire Officer Program: EFO 2011 Columbia Southern University: BS in Fire Science
• Yavapai Community College: Fire Service Leadership, EMT, Haz Ops for First Responder
• Portland Community College: Fire Science classes
• San Francisco State University, Biology
• Skyline College, San Bruno, CA. A.A.
Licenses & Certifications
• IAAI-CFI Certified Fire Investigator, Cert # 28-041430 • ICC Safety Assessment Program, Cert # Insert (Disaster Mitigation) • ICC Certified Fire Marshal, Cert # 0863852-FM
• ICC Building Plans Examiner, Cert # 0863852-B3
• ICC /AACE Property Maintenance and Housing Inspector, Cert # 0863852-64 • ICC Fire Inspector II, Cert # 5319430-67
• ICC Permit Technician, Cert # 0863852-14
• ICC Fire Plans Examiner, Cert # 5319430-F3
• ICC Certified Building Official, Cert # 0863852-CB
• ICC Zoning Inspector, Cert # 0863852-75
• ICC Permit Specialist, Cert # Insert
• ICC Fire Code Specialist, Cert # Insert
• IFSAC Fire Inspector I
• IFSAC Fire Inspector II
• IFSAC Plans Examiner
• IFSAC Fire Investigator
• Arizona State Fire Training Committee, Fire Instructor I • Arizona State Fire Training Committee, Fire Instructor II • Texas Commission on Fire Protection, Fire Investigator, Cert # 197225 • Texas Commission on Fire Protection, Inspector, Cert # 197224 • State of Oregon, Fire and Life Safety Plans Examiner, License # 5681PEF • State of Oregon, Manufactured Parks and Camp Inspector, License # 447PCI • State of Oregon, Manufactured Home Installer Inspector, License # 3171MHI • State of Oregon, Residential Plans Examiner, License # 2082CAX • State of Oregon, Residential Structural Inspector, License # 2111CAS • State of Oregon, Commercial Structural Inspector, License # 5662SI • State of Pennsylvania, Residential Inspector
• State of Pennsylvania, Commercial Inspector
• State of Pennsylvania, Fire Inspector
• State of Pennsylvania, Plans Examiner
Stephen “Steve” Thomas,
CBO
Colorado Regional Manager
Educational Director
Instructor
Chief Building Official
Building Inspector
Plans Examiner
Education
• B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale”
• Course Work in Civil Engineering Technology - CCD
• Community College of Denver at Red Rocks Lakewood, CO Licenses & Certifications
• ICC Building Plans Examiner
• ICC Building Code Specialist
• ICC Plumbing Inspector
• ICC / AACE Property Maintenance and Housing Inspector • ICC Building Inspector
• ICC Building Code Official
• ICC Accessibility Inspector/Plans Examiner
• ICC Housing Code Official
• ICC Mechanical Inspector
• ICC Residential Plans Examiner
• ICC Certified Building Official
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
24 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Russell Adams, CBO
Plans Examiner
Building Inspector
Education
• Associate of Arts – Humanities, Santa Rosa Junior College Licenses & Certifications
• California Office of Emergency Services: Safety Assessment Program Coordinator
• California Office of Emergency Services: Safety Assessment Program Evaluator
• ICC Residential Mechanical Inspector
• ICC California Commercial Building Inspector
• ICC California Residential Building Inspector
• ICC Commercial Building Inspector
• ICC Residential Combination Inspector
• ICC Plumbing Inspector
• ICC Residential Plumbing Inspector
• ICC Commercial Plumbing Inspector
• ICC California Residential Electrical Inspector
• ICC California Commercial Plumbing Inspector
• ICC California Residential Combination Inspector
• ICC Residential Building Inspector
• ICC Residential Energy Inspector/Plans Examiner
• ICC Building Inspector
• ICC California Residential Mechanical Inspector
• ICC Residential Electrical Inspector
• ICC California Residential Plumbing Inspector
• ICC Plumbing Plans Examiner
• ICC Permit Technician
• ICC Commercial Electrical Inspector
• ICC Commercial Mechanical Inspector
• ICC Mechanical Plans Examiner
• ICC Mechanical Inspector
• ICC Commercial Combination Inspector
• ICC Combination Inspector
• ICC California Commercial Electrical Inspector
• ICC California Commercial Mechanical Inspector
• ICC California Combination Inspector
• ICC California Commercial Combination Inspector
• ICC Accessibility Inspector/Plans Examiner
• ICC Electrical Inspector
• ICC Building Plans Examiner
• ICC California Building Plans Examiner
• ICC Fire Plans Examiner
• ICC Commercial Energy Inspector
• ICC Master Code Professional
• ICC Certified Building Official
• ICC Mechanical Code Specialist
• ICC Building Code Specialist
• ICC Permit Specialist
• ICC Plumbing Code Specialist
• ICC Building Codes and Standards Module
• ICC Legal Module
• ICC Management Module
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
25 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Troy Alvord
Building Inspector
Licenses & Certifications
• ICC California Commercial Plumbing Inspector
• ICC Combination Inspector - Legacy
• ICC California Commercial Electrical Inspector
• ICC Building Inspector
• ICC California Commercial Building Inspector
• ICC Plumbing Inspector UPC
• ICC California Residential Electrical Inspector
• ICC Plumbing Inspector
• ICC Electrical Inspector
• ICC Mechanical Inspector UMC
• ICC California Commercial Mechanical Inspector
• ICC Accessibility Inspector/Plans Examiner
• ICC Mechanical Inspector
• ICC California Residential Plumbing Inspector
• ICC California Residential Building Inspector
• ICC California Residential Mechanical Inspector
• ICC California Commercial Combination Inspector
• ICC California Residential Combination Inspector
• ICC California Combination Inspector
• ICC Combination Inspector
• ICC Commercial Combination Inspector
• Master Electrician, State of Colorado, License # ME.0026338, Past Richard Ames, CBO
Plans Examiner
Building Inspector
Education
• Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications
• ICC Accessibility Inspector/Plans Examiner
• ICC Building Code Official
• ICC Plumbing Inspector UPC
• ICC Certified Building Official
• ICC Mechanical Inspector UMC
• ICC Plumbing Inspector
• ICC Mechanical Inspector
• ICC Combination Inspector
• ICC Building Inspector
• ICC Combination Inspector - Legacy
• ICC Building Plans Examiner
• ICC Electrical Inspector
• ICC Residential Plans Examiner
• ICC Building Code Specialist
• ICC Commercial Combination Inspector
• ICC Fire Plans Examiner
• ICC Commercial Energy Plans Examiner
• ICC Residential Energy Inspector/Plans Examiner
• ICC Master Code Professional
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
26 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Herman “Gene” Ashdown,
CBO
Senior Building Inspector
Education
• Building Inspection Technology, Cosumnes River College • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento
Licenses & Certifications
• CALBO Building Official Certification
• CA OES SAP Evaluator and Coordinator
• ICC Mechanical Inspector UMC
• ICC California Commercial Building Inspector
• ICC Plumbing Inspector UPC
• ICC California Residential Mechanical Inspector
• ICC Plumbing Inspector
• ICC California Commercial Plumbing Inspector
• ICC California Commercial Mechanical Inspector
• ICC Mechanical Inspector
• ICC California Residential Building Inspector
• ICC California Residential Plumbing Inspector
• ICC Building Inspector
Kevin Askeland
Building Inspector
Education
• Portland State University Bachelors in Business Administration/Marketing Licenses & Certifications
• CAX- Residential Plans Examiner, State of Oregon
• PEA – Plans Examiner A-Level, State of Oregon
• CAS- Residential Structural Inspector, State of Oregon • SIA-Structural Inspector A-Level, State of Oregon
• MIA-Mechanical Inspector A-Level, State of Oregon
• PEF-Fire and Life Safety Plans Examiner, State of Oregon Alberto Barrios Marquez,
PE
MEP Plans Examiner
Education
• B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México
Licenses & Certifications
• Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter
• LEED AP BD+C, U.S. Green Building Council
• ICC Building Plans Examiner
• ICC Mechanical Plans Examiner
• ICC Plumbing Plans Examiner
Cedar Brannon
Building Inspector
Education
• 18 hours of college credits, College of Southern Nevada • Southern Nevada School of Real Estate, Las Vegas, NV
Licenses & Certifications
• ICC Permit Technician
• ICC Commercial Plumbing Inspector
• ICC Residential Building Inspector
• ICC Residential Plumbing Inspector
• ICC Plumbing Inspector
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
27 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications John Henry Brannon
Building Inspector
Education
• Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications
• Building Inspector, State of Utah
• Contractor, State of Utah
• ICC Commercial Plumbing Inspector
• ICC Commercial Building Inspector
• ICC Mechanical Plans Examiner
• ICC Residential Plans Examiner
• ICC Residential Mechanical Inspector
• ICC Plumbing Inspector
• ICC Residential Electrical Inspector
• ICC Building Plans Examiner
• ICC Residential Plumbing Inspector
• ICC Residential Building Inspector
• ICC Building Inspector
• ICC Residential Combination Inspector
Corey Bundy, CBO
Building Inspector
Plans Examiner
Education
• Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications
• ICC Building Inspector
• ICC Certified Building Official
• ICC Combination Inspector
• ICC Mechanical Inspector UMC
• ICC Fire Inspector I
• ICC Accessibility Inspector/Plans Examiner
• ICC Combination Inspector - Legacy
• ICC Commercial Energy Inspector
• ICC Residential Energy Inspector/Plans Examiner
• ICC Mechanical Inspector
• ICC Plumbing Inspector
• ICC Electrical Inspector
• ICC Fire Plans Examiner
• ICC Building Plans Examiner
• ICC Building Code Specialist
• ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector
• ICC Permit Technician
• ICC Permit Specialist
• ICC Fire Inspector II
• ICC Fire Code Specialist
• ICC Master Code Professional
• ICC Commercial Combination Inspector
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
28 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Randall “Randy” Capra,
FPE
Fire Code Plans Examiner
Education
• B.S. in Business, Bellevue University, Omaha, NE
• Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO Licenses & Certifications
• Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1
• Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1
• Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1
• Fire Protection Engineering Technology Inspection and Testing of Water-Based Systems – NICET Level 1
• National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety
• Fire Instructor, State of CO Division of Fire Safety
• National Fire Academy and FEMA Classes
• ICC Fire Plans Examiner
• ICC Fire Inspector II
Erin Carroll, EIT
Plan Check Engineer
Education
• B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications
• Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise
Administrative Assistant
Licenses & Certifications
• ICC Permit Technician
Tracy Christensen
Building Inspector
Licenses & Certifications
• Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector
• ICC Commercial Combination Inspector
William “Bill” Clayton, CBO
Plans Examiner
Building Inspector
Instructor
Code Consultant
Education
• General Studies and Agriculture, Clackamas Community College, Oregon City, OR
• General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR
Licenses & Certifications
• ICC Mechanical Inspector UMC
• ICC Building Inspector
• ICC Certified Building Official
• ICC Plumbing Inspector
• ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner
• ICC /AACE Property Maintenance and Housing Inspector
• ICC Plumbing Inspector UPC
• ICC Building Code Official
• ICC Accessibility Inspector/Plans Examiner
• ICC Housing Code Official
• ICC Residential Energy Inspector/Plans Examiner
• ICC Mechanical Inspector
• ICC Building Code Specialist
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
29 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Michael “Mike” Coldiron
Senior Building Inspector
Instructor
Licenses & Certifications
• ICC Building Plans Examiner
• ICC Permit Technician
• ICC Plumbing Inspector UPC
• ICC Building Inspector
• ICC Structural Steel and Bolting Special Inspector
• ICC Combination Inspector - Legacy
• ICC Electrical Plans Examiner
• ICC Mechanical Inspector UMC
• ICC Electrical Code Official
• ICC Certified Building Official
• ICC Plumbing Inspector
• ICC Mechanical Inspector
• ICC Commercial Combination Inspector
• ICC Combination Inspector
• ICC Building Code Official
• ICC Electrical Inspector
• ICC Residential Plans Examiner
• ICC Permit Specialist
• ICC Building Code Specialist
• ICC Electrical Code Specialist
• ICC Residential Energy Inspector/Plans Examiner
James “Jim” Conway
Electrical Inspector
Education
• Soares Grounding
• One & Two Family NEC
• Photovoltaic Power System
• Mountain States Employers Council, Inc.
• Management & Supervisory Classes-City & County of Denver • International Fire Code Institute
Licenses & Certifications
• Master Electrician, Colorado License, ME 2327
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
30 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Brian Cook, MCP, CBO
Plans Examiner
Licenses & Certifications
• Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector
• ICC Commercial Energy Inspector
• ICC Residential Building Inspector
• ICC Residential Energy Inspector/Plans Examiner
• ICC Building Inspector
• ICC Mechanical Inspector
• ICC Building Code Specialist
• ICC Electrical Code Specialist
• ICC Residential Combination Inspector
• ICC Commercial Building Inspector
• ICC Accessibility Inspector/Plans Examiner
• ICC Electrical Plans Examiner
• ICC Electrical Inspector
• ICC Commercial Mechanical Inspector
• ICC /AACE Property Maintenance and Housing Inspector
• ICC Residential Electrical Inspector
• ICC Building Plans Examiner
• ICC Master Code Professional
• ICC Combination Inspector
• ICC Commercial Electrical Inspector
• ICC Certified Building Official
• ICC Commercial Plumbing Inspector
• ICC Commercial Energy Plans Examiner
• ICC Plumbing Inspector
• ICC Residential Plumbing Inspector
• ICC Residential Mechanical Inspector
• ICC Residential Plans Examiner
Matthew Coyle
Building Inspector
Education
• Wilrick Institute of Technology
• Carpenters Apprenticeship Training CTCNC
Licenses & Certifications
• Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141
• ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973
• ICC Structural Steel and Bolting Special Inspector
• ICC Reinforced Concrete Special Inspector
• ICC Mechanical Plans Examiner
• ICC Structural Masonry Special Inspector
• ICC California Commercial Building Inspector
• ICC California Residential Electrical Inspector
• ICC California Commercial Electrical Inspector
• ICC Electrical Plans Examiner
• ICC California Building Plans Examiner
• ICC Prestressed Concrete Special Inspector
• ICC Electrical Inspector
• ICC Combination Inspector
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
31 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Elvin “Chuck” DeVorss,
CBO, MCP
Plans Examiner
Education
• Associates of Science – Construction Inspection, Pasadena City College, • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications
• ICC Reinforced Concrete Special Inspector Legacy
• ICC Certified Building Official
• ICC Building Plans Examiner
• ICC Building Inspector
• ICC Electrical Plans Examiner
• ICC Mechanical Inspector UMC
• ICC Commercial Electrical Inspector
• ICC Plumbing Inspector
• ICC Commercial Building Inspector
• ICC Commercial Energy Plans Examiner
• ICC Residential Electrical Inspector
• ICC Combination Inspector
• ICC Residential Energy Inspector/Plans Examiner
• ICC Commercial Energy Inspector
• ICC Mechanical Inspector
• ICC Accessibility Inspector/Plans Examiner
• ICC Master Code Professional
• ICC Structural Masonry Special Inspector
• ICC Electrical Inspector
• ICC Building Code Specialist
• ICC Electrical Code Specialist
• ICC Commercial Combination Inspector
Rouhi El-Rabaa, PE
Plan Check Engineer
Education
• Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications
• Civil Engineer, State of California, License # 92565
• Certified Access Specialist (CASp), Cert # CASp-973,
• ICC Building Plans Examiner
Ali Fatapour, PE, CBO
Interim Building Official
Education
• M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications
• Civil Engineer, State of California, No. C40671
• ICC Certified Building Official
• ICC Building Plans Examiner
Jeffrey Finn, SE Education
• B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY Licenses & Certifications
• Civil Engineer, State of California, No. 43928
• Structural Engineer, State of California, No. 3672
• Structural Engineer, State of Arizona, No. 50541
• Structural Engineer, State of Colorado, No. 43548
• Structural Engineer, State of Nevada, No. 22503
• Structural Engineer, State of Utah, No. 7355192-2202
• NCEES Model Law Structural Engineer, No. 39782
Su Fong, PE
Plan Check Engineer
Education
• M.S. Civil Engineering, San Jose State University
• B.S. Architectural Engineering, California Polytechnic State University Licenses & Certifications
• Civil Engineer, State of California, No. 89055
• ICC Building Plans Examiner
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
32 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications William “Bill” Gardner
Elevator Inspector
Education
• B.S., Business Administration – University of S. Dakota Licenses & Certifications
• NAESAI QEI Certification, State of Colorado, No. C-2041 Dean Gesualdo
Building Inspector
Licenses & Certifications
• Master Electrician, Clark County, NV
• ICC Commercial Building Inspector
• ICC Commercial Plumbing Inspector
• ICC Electrical Inspector
• ICC Residential Building Inspector
• ICC Residential Electrical Inspector
• ICC Building Inspector
• ICC Plumbing Inspector
• ICC Residential Plumbing Inspector
Roger Gier, CBO
Nevada Client Liaison
Manager
Education
• B.S., Business Administration, University of Phoenix, Las Vegas NV Licenses & Certifications
• ICC Certified Building Official
• ICC Mechanical Inspector UMC
• ICC Mechanical Inspector
• ICC Combination Inspector
• ICC Electrical Inspector
• ICC Plumbing Inspector
• ICC Plumbing Inspector UPC
• ICC Building Inspector
• ICC Commercial Combination Inspector
Martin Haeberle, CBO
Senior Building Inspector
Plans Examiner
Chief Building Official
Education
• ADA Coordinator, University of Missouri
• Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College
Licenses & Certifications
• FEMA Emergency Management Certification
• Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector
• ICC Building Inspector
• ICC Commercial Electrical Inspector
• ICC Building Plans Examiner
• ICC Certified Building Official
• ICC Residential Plumbing Inspector
• ICC Accessibility Inspector/Plans Examiner
• ICC Commercial Mechanical Inspector
• ICC Commercial Plumbing Inspector
• ICC Electrical Inspector
• ICC Plumbing Inspector
• ICC Building Code Specialist
Patrick Haniger
Building Inspector
Plans Examiner
Education
• Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo
Licenses & Certifications
• ICC Plumbing Inspector UPC
• ICC Commercial Electrical Inspector
• ICC Residential Building Inspector
• ICC Mechanical Inspector UMC
• ICC Commercial Building Inspector
• ICC Building Inspector
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
33 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Landan Hansen
Building Inspector
Plans Examiner
Education
• Snow College, Ephraim Utah
Licenses & Certifications
• ICC Residential Building Inspector
• ICC Residential Plumbing Inspector
• ICC Residential Mechanical Inspector
• ICC Commercial Electrical Inspector
• ICC Commercial Mechanical Inspector
• ICC Mechanical Inspector
• ICC Commercial Plumbing Inspector
• ICC Commercial Building Inspector
• ICC Plumbing Inspector
• ICC Commercial Combination Inspector
• ICC Building Inspector
Jeff Hedman, SE
Plans Check Engineer
Education
• B.S Civil Engineering, University of Utah
• AA, General Studies, Dixie State University
Licenses & Certifications
• Professional Structural Engineer, State of Utah, License # 5338635-2203 Brian Herren
Electrical Inspector
Education
• IEC Apprenticeship
Licenses & Certifications
• Master Electrician, State of Colorado, License # 28307 • ICC Residential Mechanical Inspector
• ICC Commercial Electrical Inspector
• ICC Electrical Plans Examiner
Jody Hilton, CBO
Chief Building Official
Plans Examiner Manager
Education
• ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California
• Utah Valley Community College
Licenses & Certifications
• ICC Commercial Combination Inspector
• ICC Building Code Specialist
• ICC Building Plans Examiner
• ICC Commercial Energy Plans Examiner
• ICC Combination Inspector
• ICC Plumbing Inspector
• ICC Mechanical Inspector
• ICC Building Inspector
• ICC Certified Building Official
• ICC Electrical Inspector
Richard “Rick” Hollander
Building Inspector
Education
• IAEI Training Seminars
Licenses & Certifications
• ICC Electrical Inspector
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
34 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Cody Illum
Building Inspector
Licenses & Certifications
• ICC Commercial Mechanical Inspector
• ICC Residential Electrical Inspector
• ICC Residential Mechanical Inspector
• ICC Residential Plumbing Inspector
• ICC Commercial Electrical Inspector
• ICC Commercial Building Inspector
• ICC Residential Building Inspector
• ICC Commercial Plumbing Inspector
• ICC Building Inspector
• ICC Mechanical Inspector
• ICC Electrical Inspector
• ICC Plumbing Inspector
• ICC Residential Combination Inspector
• ICC Combination Inspector
• ICC Commercial Combination Inspector
Vincent “Vince” Juanitas
Building Inspector
Licenses & Certifications
• ICC Residential Building Inspector
• ICC Residential Plumbing Inspector
Daniel “Dan” Kishpaugh
Senior Plans Examiner
Education
• Bachelor’s degree, History - University of Nevada, Reno • Plan Review Institute - Whittier, California
• Building and Fire Code Plan Review - National Fire Academy • Fire Structures and Systems Course - National Fire Academy • Building Official’s Institute - Portland, Oregon
Licenses & Certifications
• ICC Mechanical Inspector UMC
• ICC Plumbing Inspector UPC
• ICC Electrical Inspector
• ICC Building Plans Examiner
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
35 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Dean Kuenzi, CBO
Plans Examiner
Building Inspector
Education
• A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA
• B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022)
Licenses & Certifications
• NABCEP Entry Level Certification (Photovoltaic)
• Post-Disaster Safety Assessment Program (SAP)
• ICC Commercial Electrical Inspector
• ICC Combination Inspector
• ICC Commercial Energy Plans Examiner
• ICC Residential Plans Examiner
• ICC Commercial Building Inspector
• ICC Accessibility Inspector/Plans Examiner
• ICC Fire Plans Examiner
• ICC Residential Mechanical Inspector
• ICC Master Code Professional
• ICC Certified Building Official
• ICC Building Plans Examiner
• ICC Fuel Gas Inspector
• ICC Residential Electrical Inspector
• ICC Commercial Plumbing Inspector
• ICC Residential Plumbing Inspector
• ICC Residential Building Inspector
• ICC Commercial Mechanical Inspector
• ICC Plumbing Plans Examiner
• ICC Residential Energy Inspector/Plans Examiner
• ICC Building Inspector
• ICC Mechanical Inspector
• ICC Electrical Inspector
• ICC Plumbing Inspector
• ICC Building Code Specialist
• ICC Plumbing Code Specialist
• ICC Residential Combination Inspector
• ICC Commercial Combination Inspector
David Logsdon
Plans Examiner
Education
• Associated Builders and Contractors- Electrical 4-year Program Licenses & Certifications
• ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Plans Examiner, Certification # 5317382-E3 • ICC Electrical Inspector, Certification # 5317382
• Master Electrician, State of Maryland, License # 2270 (Inactive) Ryan Loh
Plan Check Engineer
Education
• Master of Science Degree in Civil Engineering, San Jose State University • Bachelor of Science Degree in Civil Engineering, Oklahoma State University Licenses & Certifications
• Civil Engineer, State of California, No. 5491
• Structural Engineer, State of California, No. 5192
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
36 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Jerry Long
Building Inspector
Plans Examiner
Education
• B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications
• ICC Building Inspector
• ICC Residential Mechanical Inspector
• ICC Commercial Plumbing Inspector
• ICC Residential Building Inspector
• ICC Commercial Building Inspector
• ICC Commercial Mechanical Inspector
• ICC Building Plans Examiner
• ICC Residential Plumbing Inspector
• ICC Plumbing Inspector
• ICC Mechanical Inspector
Xin Lui, FPE
Fire Protection Engineer
Education
• M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China
Licenses & Certifications
• Fire Protection Engineer, State of California, NO. 1698 Alain Mamada, FPE
Fire Protection Engineer
Education
• M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications
• Fire Protection Engineer, State of California, No. 1935 James “Jim” McGinley
Building Inspector
Education
• Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University
• Construction Practices and Procedures, San Jose State University College of Extended Studies
• Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies
Licenses & Certifications
• ICC Building Inspector
Kurt McMullin, PE, Ph. D
Plan Check Engineer
Education
• PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University
Licenses & Certifications
• Civil Engineer, State of California, No. C47595
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
37 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Hope Medina, CBO
Building Inspector
Plans Examiner
Instructor
Licenses & Certifications
• On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes
• Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector
• ICC Green Building - Residential Examiner
• ICC Residential Mechanical Inspector
• ICC Residential Building Inspector
• ICC IgCC Plans Examiner
• ICC Building Plans Examiner
• ICC IgCC Commercial Inspector
• ICC Accessibility Inspector/Plans Examiner
• ICC Commercial Building Inspector
• ICC Residential Plumbing Inspector
• ICC Residential Plans Examiner
• ICC Residential Energy Inspector/Plans Examiner
• ICC Permit Technician
• ICC Mechanical Plans Examiner
• ICC Building Inspector
• ICC Residential Combination Inspector
• ICC Management Module
• ICC Legal
• ICC Building Codes and Standards
• ICC Certified Building Official
• ICC Building Code Specialist
• ICC Certified Sustainability Professional
• ICC Permit Specialist
Russell Mora
Plans Examiner
Licenses & Certifications
• ICC Electrical Plans Examiner
• ICC Electrical Inspector
• ICC Electrical Journeyman
Adam Mulford
Elevator Inspector
Licenses & Certifications
• Certified Elevator Inspector, QEI NAESA
• Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section
Christian Ng, FPE
Fire Protection Engineer
Education
• B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications
• Fire Protection Engineer, Engineer State of California, No. 2132 Lisa O'Malley
Plans Examiner
Licenses & Certifications
• California Building Plans Examiner
Randy Pabst
Elevator Chief Inspector
Education
• University of Colorado at Boulder, Bachelor of Arts
Licenses & Certifications
• Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790
• Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
38 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Lloyd Parry
Building Inspector
Education
• Business Degree
Licenses & Certifications
• ICC Residential Electrical Inspector
• ICC Residential Building Inspector
• ICC Residential Mechanical Inspector
• ICC Residential Plumbing Inspector
• ICC Commercial Plumbing Inspector
• ICC Residential Combination Inspector
• ICC Commercial Mechanical Inspector
• ICC Commercial Building Inspector
• ICC Building Inspector
Jeffrey Paterson, FPE
Fire Protection Engineer
Education
• M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications
• Fire Protection Engineer, State of California No. 1926 Ed Paxton
Building Inspector
Education
• Trade Teck Welding School
Licenses & Certifications
• ICC Building Inspector
• ICC Mechanical Inspector
• ICC Plumbing Inspector
• ICC Electrical Inspector
• ICC Residential Energy Inspector/Plans Examiner
• ICC Combination Inspector
• ICC Commercial Combination Inspector
James “Ed” Pehrson, CBO
Plans Examiner
Building Inspector
Education
• Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications
• Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693
• ICC Residential Combination Inspector
• ICC Residential Plumbing Inspector
• ICC Commercial Plumbing Inspector
• ICC Commercial Electrical Inspector
• ICC Residential Electrical Inspector
• ICC Commercial Building Inspector
• ICC Commercial Mechanical Inspector
• ICC Residential Energy Inspector/Plans Examiner
• ICC Residential Building Inspector
• ICC Residential Mechanical Inspector
• ICC Electrical Inspector
• ICC Plumbing Inspector
• ICC Building Inspector
• ICC Mechanical Inspector
• ICC Combination Inspector
• ICC Commercial Combination Inspector
• ICC Accessibility Inspector/Plans Examiner
• ICC Building Plans Examiner
• ICC Building Code Official
• ICC Building Official
• ICC Building Code Specialist
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
39 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Diana Perkins, CBO
Senior Plans Examiner
Education
• M.P.A., University of San Francisco
• B.S., Economics, University of San Francisco
Licenses & Certifications
• ICC Accessibility Inspector/Plans Examiner
• ICC Residential Building Inspector
• ICC Building Plans Examiner
• ICC Certified Building Official
Rosario “Russ” Perrone
Senior Building Inspector
Licenses & Certifications
• OHSA 30
• Post-Earthquake Safety Evaluation
• ICC Commercial Building Inspector
• ICC Residential Building Inspector
• ICC Building Inspector
Mark Ptashkin, CBO
Electrical Plans Examiner
Chief Building Official
Licenses & Certifications
• Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official
• ICC Mechanical Inspector
• ICC Electrical Inspector
• ICC Building Inspector
Larry Randall
Fire Inspector
Plans Examiner
Education
• Business Management Program, University of Phoenix
• Fire Science/General Studies, University of Alaska Chapman College, Eastern New Mexico University, Rio Salado Community College, Mesa Community College, Glendale Community College, Community College of the Air Force Licenses & Certifications
• Uniform Fire Code Inspector, International Conference of Building Officials/Western Fire Chief’s Assoc. Inc.
• Fire Instructor, State of AZ
• Fire Instructor II, State of AZ
• Fire Inspector I, State of AZ
• Fire Inspector II, State of AZ
• Fire Inspector I, National Professional Qualifications Board • Firefighter I, National Professional Qualifications Board • Fire Protection Supervisor, United States Air Force
• Fire Inspector, United States Air Force
• Fire Protection Specialist, United States Air Force
• Fire Protection Trainee, United States Air Force
Daniel “Dan” Reardon
Building Inspector
Plans Examiner
Education
• BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado
Licenses & Certifications
• Safety Assessment Program (Disaster Mitigation)
• ICC Plumbing Inspector
• ICC Building Inspector
• ICC Mechanical Inspector
• ICC Building Plans Examiner
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
40 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Gil Rossmiller
Building Inspector
Plans Examiner
Instructor
Licenses & Certifications
• IgCC Plans Examiner with ASHRAE 189.1
• IgCC Commercial Inspector
• ICC Building Inspector
• ICC Mechanical Inspector
• IgCC Commercial Inspector with ASHRAE 189.1
• IgCC Plans Examiner
• ICC Plumbing Inspector
• ICC Green Building - Residential Examiner
• ICC Building Plans Examiner
Douglas “Doug” Rykerd
Combination Inspector
Education
• Mr. Rooter University, Waco TX, Training in Business
• California Polytechnic University, Pomona, CA – Mechanical Engineering, Licenses & Certifications
• Colorado License Plumber
• ICC Commercial Building Inspector
• ICC Certified Commercial Plumbing Inspector
• ICC Certified Commercial Mechanical Inspector
Bennett Schmidt
Elevator Inspector
Education
• B.F.A., Liberal Arts, Studio Arts Major, Kenyon College, Gambier, OH Licenses & Certifications
• Master Electrician, State of Colorado, License # 25337 • Type 1 Conveyance Inspector, State of Colorado, Licensee # CI-1-522 • Electrical Contractor, State of Colorado, License # 6551 Matt Tate
Building Inspector
Licenses & Certifications
• ICC Residential Mechanical Inspector
• ICC Commercial Mechanical Inspector
• ICC Residential Building Inspector
• ICC Combination Inspector
• ICC Residential Plumbing Inspector
• ICC Commercial Electrical Inspector
• ICC Commercial Plumbing Inspector
• ICC Commercial Building Inspector
• ICC Residential Electrical Inspector
• ICC Building Inspector
• ICC Mechanical Inspector
• ICC Electrical Inspector
• ICC Plumbing Inspector
• ICC Residential Combination Inspector
• ICC Commercial Combination Inspector
Thor Toepfer
Building Inspector
Licenses & Certifications
• ICC Building Plans Examiner
• ICC Fire Plans Examiner
• ICC Residential Building Inspector
• ICC Accessibility Inspector/Plans Examiner
• ICC Residential Plumbing Inspector
Mariam Umair, EIT
Plan Check Engineer
Education
• M.S., Structural Engineering - San Jose State University • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan
Licenses & Certifications
• Licensed EIT
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
41 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Jason Van Ausdal, CBO
Building Inspector
Plans Examiner
Instructor
Education
• Associates in Business Administration and Management, Stevens Henegar Business College
Licenses & Certifications
• Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector
• ICC Building Code Specialist
• ICC Combination Inspector
• ICC Electrical Inspector
• ICC Mechanical Inspector
• ICC Building Inspector
• ICC Certified Building Official
• ICC Building Plans Examiner
• ICC Plumbing Inspector
Christopher Vasquez
Elevator Inspector
Education
• One year of Conveyance Inspector Training
• Denver Joint Electrical Apprenticeship Training Center • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology
Licenses & Certifications
• QEI Certification, NAESA, Cert # C-5713
• State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO
Chief Building Official
Building Inspector
Plans Examiner
Education
• Arizona Building Officials (AZBO) Institute
• Bachelor of Arts in Liberal Arts / Public Speaking
• Ambassador University, Pasadena, California
Licenses & Certifications
• ICC Plumbing Inspector UPC
• ICC Electrical Plans Examiner
• ICC Mechanical Inspector UMC
• ICC Mechanical Inspector
• ICC Building Code Official
• ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector
• ICC Plumbing Inspector
• ICC Building Inspector
• ICC Combination Inspector - Legacy
• ICC Combination Inspector
• ICC Building Plans Examiner
• ICC Certified Building Official
• ICC Accessibility Inspector/Plans Examiner
• ICC Building Code Specialist
• ICC Electrical Code Specialist
• ICC Commercial Combination Inspector
Robert Wheeler, FPE
Fire Protection Engineer
Education
• B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications
• Fire Protection Engineer, State of California, No. 1825 • Fire Protection Engineer, State of Arizona, No. 38935 • Professional Engineer, State of North Dakota, No. 6967 • Professional Engineer, State of Georgia, No. 17765
• Professional Engineer, State of Nevada, No. 24638
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
42 Information About Firm
Team Member/ Job Title Education / Licenses & Certifications Heather Whitaker
Plans Examiner
Licenses & Certifications
• Resnet Certified Residential Field Inspector
• ICC Residential Energy Inspector/Plans Examiner
• ICC Commercial Energy Plans Examiner
• ICC Building Plans Examiner
Pamela “Pam” Whitaker-
Sowell
Permit Technician
Education
• Bachelor’s Degree in Business Management
• Associate of Science, Business, San Joaquin Della College Licenses & Certifications
• ICC Permit Technician
• California State Notary
Myron Williams
Building Inspector
Plans Examiner
Education
• General Education Courses, Utah Valley State College
• National Electrical Code
• Davis Area Technology Center, Kaysville, Utah
Licenses & Certifications
• Combination Inspector, State of Utah, License #4958496-5601 • International Building and International Residential Code • International Mechanical and International Plumbing Code • International Building Plans Examiner
• ICC Mechanical Inspector, License # 5044251
• ICC Accessibility Inspector/Plans Examiner, License # 5044251 • ICC Plumbing Inspector, License # 5044251
• ICC Mechanical Plans Examiner, License # 5044251
• ICC Residential Energy Inspector/Plans Examiner, License # 5044251 • ICC Electrical Inspector, License # 5044251
• ICC Building Plans Examiner, License # 5044251
• ICC Combination Inspector, License # 5044251
• ICC Building Inspector, License # 5044251
• ICC Commercial Combination Inspector, License # 5044251
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
43 Information About Firm
CityExperience with Municipal Projects
To highlight the type of projects we have reviewed, inspected, and provided permitting staff for, we provide the following examples of work completed for our mun icipal clients under contract services.
Google/Nasa Bayview Project.................................... ............................ 2018 - Current Mountain View, CA.............................................. . Nena Bizjak, CBO, (650) 903 – 6313 SCA has been under contract for the past five years to
assist NASA with over 2,000,000-sq. ft. of office,
restaurants, assembly spaces, events center, parking,
and residential guest hotel project for a new Google
complex located at NASA-Ames Research Facility. As a
federal agency, NASA has a Building Department that
does not process permits as done at a typical jurisdiction, but rather operates as construction management for
improvements at the base. The Google site is a land-
lease/joint-venture with Ames Res earch that involved a complex design on previously incorporated City of Mountain View property. The design was extremely innovative in its approach and utilized advanced engineering systems (non-dynamic linear d esign), as well as being in a flood plain, having underground vapor mitigation system, deep geothermal heat system, large- scale integrated photo-voltaic roof system and several alternative materials and method requests.
SCA was initially brought in to review the primary building of the campus that comprise three separate structures over a common basement level, while other consulting firms were utilized to review site/civil improvements and future housing/garage structure. However, SCA was so much more successful and responsive to both the owner/design schedule and NASA’s code concerns, we were quickly promoted to complete the entire project reviews, as well as continual inspections.
In fact, SCA’s involvement was so well received in this capacity, that we are now providing reviews for the historic hanger renovation and re-uses, as well a base infrastructure (such as roadways and bridges). These reviews are exclusively performed electroni cally, with document control through our administrative staff until approval and release for printing by the design team, and subsequently submitted to the base. Initially NASA had never un dertaken such a large and dynamic process, and they didn’t understand how to streamline and maintain design/construction schedules. However, SCA worked with their management team, as well as Google/Whiting Turner and the designers, to guide the process into a jurisdictional m odel that is modified to accommodate the aggressive const ruction schedule. We provided p reliminary code review of design development plans for the project, complete plan review and oversight of structural peer reviews, as well as continuing inspection team for on-going construction.
Microsoft Campus............................................... .................................................... 2019 Mountain View, CA.............................................. . Nena Bizjak, CBO, (650) 903 – 6313 Microsoft campus demolished four of five original two-story office buildings and cafeteria/events center and constructed a combined two-story building with extensive roof decks and landscape features. The goal of the project was to create a more integrated and green structure that would be self- supporting. This involved repl acing surface parking with a parking structure, exposed CLT structural systems,
recycled and black water on-site treatment facility, as well as emphasis to transition from the structure to the natural watershed/creek on the south side of the property. The final structure was type III-B construction under the mall provisions, and included Group B, A-3, A-2, S-1, and S-2 occupancies.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
44 Information About Firm
Lucid Motors................................................... ......................................... 2019 - Current Casa Grande, AZ .....................................................Brian Tardif, CBO, (520) 421-8630 Plan review of phase I of a new electric car
manufacturing facility, and CUP, for Lucid Motors. The
project was comprised of a 192,784-sq. ft. Body in White structure, and an attached 564,906-sq. ft. Paint/General Assembly structure. These two buildings were attached
to one another via a raised conveyor bridge element and had a separate CUP for the site. The entire project was reviewed as “at -risk” phased submittals, and SCA
Building, and Fire attended weekly meetings to discuss
code concerns and proposed A MMR’s, as part of the overall review schedule. The project included Group F-1, H-2, H-3, B, A-3, and A-3 occupancy uses, a n d w a s t w o s t o r i e s w i t h additional large mezzanines or p latforms of equipment. All turn arounds were met or exceeded with this expedited review process that allowed the vehicle manufacturing to begin months ahead of original proposed day one start-up of activities.
The Dean....................................................... ................................................ 2018 - 2019 Mountain View, CA.............................................. . Nena Bizjak, CBO, (650) 903 – 6313 SCA and FRA completed the plan review of this 5.75-acre mixed-use apartment community consisting of several five story, The project was over 100,000-sq. ft. in size and utilize d two levels of type IA podium design, with five stories of type IIIA over the podium, all over two floors of below grade parking. The development is anticipated to house 600 market rate housing units in a cluster of buildings surrounding a public ‘paseo’. SCA also did the inspections for this project.
California State University – College of Extended Learning Expansion ............ 2018 San Bernardino, CA ............................. Leatha J. Elsdon, Architect, (909) 537 – 3182 SCA completed the plan review of this project, a new
construction of a Type II-A, fully sprinklered 3-story steel- braced framed building with classrooms, study spaces, a 250-seat lecture hall and administration building, which will feature a global gallery, an outdoor plaza for social gathering and study areas and a retail food facility.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
45 Approach to Completing Scope of Services
SCA is independent, properly licensed to practice in California , and has no conflict of interest with regard to any other work performed by the firm for the City. It should be noted that all of our services are provided only for jurisdictional clients and to confirm code minimums in construction.
The following outline how SCA will provide the tasks requested in the RFP, and the unique approaches that we undertake to ensure all of our services are customized to meet the City of Vallejo’s goals with this contract.
Quality Control
One of the keys to SCA’s success as a company is the commitment to quality control of our services. SCA starts with the employment of qualified and knowledgeable personnel, the use of plan check templates to match lo cal interpretations, continuing education, and internal peer reviews. These controls raise the quality level of our plan checks by being focused on significant code issues, but also providing a consistent product to our cli ents. With our services remaining constantly the highest quality, i t provides our clients and the ir communities with a high level of confidence that their plans will be reviewed with equal consideration and thoroughness required for construction safety.
Technical Support
As with any of our clients, SCA will provide technical support for the City of Vallejo ’s service needs. Our staff is able to provide any in-house services determined necessary by the City. We often have personnel in attendance at pre-submittal and in-prog ress plan review meetings. We currently provide in-house plan review, inspection, and permit technicians services to local jurisdictions. These are often the services that allow our plan review team to understand the municipality and become immersed in the standard processes and operating procedures of the City. The sooner that we can reach this understanding of local preferences, ultimately allows us to provide superior plan review services based on that intimate knowledge of the local fabric.
SCA understands the value of operating quickly and efficiently, as is expected to complete a successful project in this marketplace. City of Vallejo’s projects are unique in size and complexity but demands a team that is attentive to details to reach critical construction deadlines. Personnel working on such projects at SCA will be available via phone or email to immediately address concerns or provide additional clarification of code concerns to applicants or City of Vallejo staff.
Commitment to providing additional technical support when neede d often keeps projects on deadlines and under budget.
Commitment to Quality Service
SCA’s continued growth is attrib uted to our sound client relati onships and demonstrated value in providing contract services, to municipalities of all sizes. We have enjoyed successful partnerships with numerous jurisdictions throughout California, as well as other states, and we welcome the opportunity to partner with the City of Vallejo. We are proud of the superior level of assistance provided to our clients, and we are confident in our overall company structure to commit to the services outlined – responsiveness, on-time delivery, local staff members, and superior code knowledge.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
46 Approach to Completing Scope of Services
CityPlan Review Implementation Plan
In order to begin a successful delivery of our services to the City of Vallejo, we must have strong communication between our permit technician/administrative staff, to ensure that electronic plans are properly received and complete to allow us to begin our review. There is a great deal of time spent by our plans coordination staff to review each submittal when received for completeness and assure that we reach back fo r missing information or issues early on in the review process.
SCA staff has a system in place that verifies that all electron ic files are received (correcting any corrupted files) and assess that all documents needed for the r eview have been received. Our team will usually reach out to City of Vallejo’s staff within 24-hours, with any discrepancy in submittal documents, or even transmittals related to each review.
Once this first step is completed, our Plan Check Manager meets with the Plans Coordinators to assess and understand each project received, as well as putting it into a larger database schedule that we maintain internally for all jurisdictional projects being received. It is at this point that our Manager and Coordinator will begin the process of assigning eac h project a unique SCA job number for tracking purposes, which the City of Vallejo staff or applicants can access at any time during our review cycles. Then each project will be assigned to a SCA plan review team member, based on experience, expertise, and complexity of the project a long with the current availability of each team member. Our plan review staff is well versed and a ble to review all code requirements. Most smaller projects can be reviewed by a single plan examiner/engineer and for large projects, our plans coordinators will confer with our pla n review manager to divide project portions into smaller systems reviews – which ensures that the project stays on schedule with multiple persons assigned to han dle larger lifts. The plans coo rdination team will continue to check-in and update schedules during each cycle of review, and make sure that each plan review member remains on schedule or re-assigning (when needed) some w ork to ensure turnaround times are met. When review cycles are finally completed, our managers will review final products to ensure that comments are formatted properly, and clear in re gards to code concerns. Then they will register the cycle completion, deliver comment lists or approvals back to the City of Vallejo’s staff for delivery to the applicants.
Our standard plan review results in lists of comments which ref er to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if approved by the City of Vallejo) to expedite or clarify plan review items by contacting the designers and communicating directly, using the most advantageous media available, to resolve issues. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the designer’s technology or jurisd ictional inter -department review process, which sometimes prohibit these methods from being impl emented with every project.
With either approach being implemented, SCA understands and int ends to route all communication/comment letters (first or concurrently) through the City of Vallejo, as directed by your staff. All reviewed and approved documents shall be returned to the City after the plan review process is completed, and input into the tracking software as directed by the City of Vallejo’s staff.
When questions arise, this is the part of the SCA team that initially fields the questions and directs inquiries to the appropriate plan review staff to respond and resolve issues. This ensures that every item related to a plan review list can be responded to an d resolved with the staff person that created the comment initially. We are committed to returning calls and emails, promptly and with a professional approach associated with these services.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
47 Approach to Completing Scope of Services
This is the process we follow with each standard review project, but our philosophy is still to meet the City’s needs with regards to our service. As such, we maintain the ability to adjust our process to accommodate the City of Vallejo ’s staff. Further, we can activate our team early on in the process (usually prior to construction documents being submitted to the City), to provide general code reviews with design development plans, to assist with sensitive projects understanding larger code concerns early on in the process, and hopefully all owing corrections that will reduce plan review cycles in the future. SCA actually prefers to review larger projects in this manner, but only under the clear direction of the City, and with the unders tanding that we are not designing the project, but merely representing the City of Vallejo’s code concerns.
Plan Review and Approvals
SCA’s plan review reports will reference sheets and code sectio ns that are applicable for each comment. We will send all submittal and resubmittal reports dir ectly to the City of Vallejo for distribution to the applicant, but we can also directly/simultaneously provide the architect and/or the engineer with the same electronic list of items needing cor rection when directed to do so by the City. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additi onal clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the City of Vallejo’s staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult rev iews, SCA is not opposed to online video conferences to share and discuss the code concerns with the City’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review.
With each review cycle, SCA will provide a cover letter/transmi ttal that includes the following information (or a variation of this theme, as directed by the City of Vallejo staff):
• The address, permit number, description, use, and type of construction. • A list of all plan/documents received for review and the associated dates they were received.
SCA is proficient in many versions of electronic plan review applications, and other web-based tools. SCA staff expertise and proficiency in the latest electr onic plan review is not an accident, but rather a source of pride. SCA can also review paper plans when submitted and could provide in-house staff review assistance. If the reviews can be completed over the counter, we will make every effort to complete them at that point. If we cannot do a review at the City of Vallejo’s offices, our plans examiner will conduct the plan review in the SCA office and provide a report as outlined above. If paper plans are submitted, we will provide couriers to pick-up and deliver the documents.
Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the City, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the City of Vallejo.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
48 Approach to Completing Scope of Services
CityPlan Review Turnaround Times
Below is SCA’s standard Plan Review Turnaround timeframes; however, SCA can work with the City of Vallejo to come to any modified and agreed upon timeframes needed.
Type of Plan Number of Days
Initial Review Workdays Recheck workdays
Residential within 7-10 days within 5 days
Master Residential within 7-10 days within 5 days
Multi-Family 10-15 days * within 10 days*
Commercial 10-15 days * within 10 days*
Industrial 10-15 days * within 10 days*
* Some of the larger or more complex projects may require additional time because of size; SCA would reserve the right to negotiate review times for t h o s e p r o j e c t s u n d e r a l o n g e r schedule when mutually agreed upon with the City of Vallejo’s Building Official (pri or to beginning the review process – such as a large redevelopment project that encompasses multiple blocks, or large-scale campus construction).
Expedited plan reviews, or third-party plan reviews will have a separated negotiated turnaround timeframe for each project. When expedited plan reviews are requested, we will perform the plan review as quickly as SCA staff schedules will allow. An expedited review is typically completed in half of the standard turnaround time and for 1.5 times the standard review fee. However, SCA has (at times) been able to review in shorter periods, and it will be possible that an expedited reviews can be completed with no additional charge in some instances (dependent on type and size of the review project).
Technology
With the implications of COVID, we have seen our paper plan rev iews nearly disappear in favor of electronic plan reviews. Electronic plan reviews have been a strength for our team, having reviewed thousands of electronic projects. SCA can review all p lans electronically and provide re v i e w l e t te r s i n mu l ti p l e fo r ma t s . T h i s h a s b e e n a s e r v i c e p rovided to our clients prior to the COVID-19 pandemic. SCA is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our review s but can provide our review comments on any of the other comparable platforms and are able to embed the comments into the electronic plan sheets. We can also redline revisions and m ark-up plans for minor items, to ensure approval of the plans instead of an additional review cy cle being performed. SCA would look to the City of Vallejo to provide guidance on the preferred method of electronic comments to be received. SCA maintains equipment for our plan review staff (i.e., dual, and larger monitors, added graphic cards and memory) to allow for plans to be proper ly reviewed in an efficient manner.
In today’s development climate it is also important to note that a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. SCA will be available by phone and/ or video confere nces to share and discuss the code concerns with the City’s staff and applicants when needed. We prefer (if allowed by the City policies) to expedite or clarify plan review items by contactin g the applicant/designers and communicating directly, using the most advantageous media avail able, to resolve issues. We would look to the City of Vallejo ’s staff and take your lead on how to effectively streamline communication, because at the end of the day our goal is to build a relationship as a cohesive team.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
49 Approach to Completing Scope of Services
CityBuilding Inspections
Inspections are all conducted by ICC certified inspectors. Our inspectors are qualified, certified, and licensed to conduct many different types of buildings. We also have CASp certified staff that can be available to the City on an as-needed basis. The scope o f inspection services to be provided will be defined uniquely for each project or as determined mutually by SCA and the Chief Building Official. Inspector(s) provided to the City will report directly to the Chief Building Official or another person designated by the City for all project-related work.
We will inspect the buildings in accordance with the codes adop ted and amended by the City of Vallejo. We believe in being service oriented and not the build ing police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educ ational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever nece ssary. We see ourselves as code educators as much as code administrators. We have also worked with several different Fire Departments to concurrently administer the codes adopted by our jurisdictions. We believe it is important to work alongside with fire departments on projects t o present a cooperative level of code administration.
Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important that the lines of communic ation are maintained open. We want to do whatever we can to ensure safe buildings while helping to get projects completed on time and under budget. We pride ourselves on being problem solvers a nd not problem makers. Our goal is to get to yes and comply with the intent of the code. W e will conduct the required inspections for the project and an inspection report will be provided for each inspection outlining what inspection was conducted, the result and any conditions or corrections needed. SCA’s inspection reports will reference code sections that are applic able for each comment. Our correction lists should be self-explanatory, but as referenced with our plan review staff, our inspection team will remain equally available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulations.
We have recently been asked at various jurisdictions to input o r email the correction notices electronically to remain remote from COVID concerns. However, prior to the pandemic it has been standard practice for ou r inspectors to input results into the jurisdiction’s inspection/ permitting software at the end of each inspection day and leaving a distri bution copy at the jobsite for the contractor/applicant. SCA can certainly provide either or some hybrid version as needed for the City of Vallejo.
We will provide a similar list at each inspection cycle, but wh e n i n s p e c t i o n s a r e s l o w o r a r e consistently not ready for the inspection, SCA staff will reach out to the City’s staff to discuss the overall items of concern and look for direction on any alternative methods to keep construction on track. Again, our inspection staff is able to attend any necess ary meetings to assist in having consistent inspection progress with each jobsite. This will req uire SCA staff to be available to patriciate in and attend inspection staff meetings and training events sponsored by the City (as needed and directed). When the final inspection is completed, we will notify the City that a certificate of occupancy can be issued for new buildings or addition/tenant improvements and will file the electronic report at the City of Vallejo, to close out the permit. SCA would look to the City to provide guidance on the preferred method of how this will be completed.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
50 Approach to Completing Scope of Services
CityPermitting Services
SCA has a large group of ICC Certified Permit Technicians and Administrative Staff available to assist with City of Vallejos’ Community Development Departments front counter needs to private and public sector clients. Our technicians typically are utiliz ed to assist architect, engineers, contractor and the public through the process and procedures as sociated with accepting, processing, and tracking applications for construction permits. This requires our staff to be adept at various permit tracking softw are and have the ability to pro vide calculations for permit fees, which may include collecting payment for such applications.
When requested, SCA will provide an I.C.C. Certified Permit Tec hnician or Plans Examiner to work at the City of Vallejo’s offices, under the supervision of City staff. Our permit technicians will assist with the processing of permit applications, initial scre ening of submitted documents, occasional review of simple projects, and entering and maintain ing data into the permit tracking system. Likewise, when we provide in-house plan review staff, they will be available to assist with clarification of code concerns with preliminary projects, as well as provide small, over-the-counter plan reviews when needed. These are front-line positions that will be involved with interaction with the public, answering questions and directing inquiries to appropriate senior staff positions when necessary. Since these positions must work well with all front counter staff to be effective, SCA will provide resumes and allow for interview(s) by the City prior to our staff providing any of these services.
As is required of the Permit Technician, our staff members have a strong working knowledge of Planning procedures and requirements per the General Plan and Zoning Code information to be able to answer general questions about each, or direct applicants to appropriate Planning staff members at the City. Similarly, our in-house plan reviewers will be experienced with basic code provisions to be able to review all building systems. This being the front counter positions for the Community Development Department, our team will be able to answer phones and emails related to general permit information an d determine wheth er or not appl ications are acceptable for processing or conditions of approval.
Due to the pandemic, the way the front counter (and its staff) operates have changed, recalculating how each jurisdict ion is utilizing SCA’s Permit T echnicians, Plans Examiners and Administrative Staff to their benefit. Although the working conditions have changed almost daily during the stages of “re-opening”, our staff retains the ability to adapt to the working requests of our clients. SCA provides our in-house staff with appropriate P PEs to complete the daily work requests, but again will look to the City to determine the methods in which these services will be completed. Our team currently has members continuing to work di rectly at the jurisdictions, interacting with applicants directly (although socially distant), as well as providing these services electronically – as electronic submittals have all but replaced paper in many co nstruction submittals. We are committed to providing the services requeste d by the City, and with modifications deemed necessary due to the current unprecedented times.
Inspection and Permit Processing Schedule
Inspections will be completed within one business day from the time we receive the request, however CASp inspections may need longer lead times when requested. Our staff will work with your staff to ensure that all type of buildings will be inspect ed as requested by the City. When requested we will also provide Permit Technicians based on availability to work at the City offices.
City of Vallejo
Shums Coda Associates
Plan Review, Permitting and Field Inspection Services
51 Fee Schedule
CityBuilding Plan Check Fees
Fees for comprehensive plan reviews, performed at SCA offices, will be equal to sixty- five percent (65%) of the plan review fees as calculated per the jurisdiction. The City will provide SCA with jurisdiction plan review fees (project-by- project) for use in calculating SCA’s fees. In return, invoicing will be done on a monthly basis with detailed description of each project.
The above fee covers all services associated with the typical plan review, including:
x Pick – up and delivery of design documents to the jurisdiction. x First, second and quick third reviews to approve projects.
Extensive plan reviews (longer third reviews or more) may be required to be charged on an hourly rate shown on the next page. Further, smaller projects that tak e one or more reviews may also be charged at an hourly rate when agreed upon with the Chief Bu ilding Official (i.e., the amount of time required to approve vastly exceeds the calculated fees). Pre-application, pre-construction, or additional meeting attendance that is necessary for unusual or complex projects may also be charged at the same hourly rate schedule.
If an expedited plan review is requested, the turn-around time can be as quick as a single day, but these types of review schedules are typically determined ba sed on the complexity of the project and the availability of SCA staff to complete the review. Fees for expedited reviews will be negotiated directly with City’s Building Official prior to beginning the review and will be a fixed fee based on determined complexity of the project, availability of SCA staff and requested expedited turnaround schedule. Typically, expedited reviews are completed in half the standard turnaround time for 1.5 times the plan review fee collected.
If plan review staff is required to provide support in City’s offices, they will be charged hourly per the hourly rates.
Building Inspection Services and Fees
SCA will provide qualified ICC Certified building inspectors as needed to the City, within the next day, if requested by noon on the previous business day. Any inspector sent to the City will need to be interviewed and/or accepted by the Building Department staff prior to their commencement of inspections on behalf of the jurisdiction, as we want our staff to be appropriately qualified for and clear of City of Vallejo’s expectations. Our inspection staff will be expected to input each day’s inspection results within the City’s permit software at the end of daily inspections. SCA inspectors will be available to answer questions by phone or email from con tractors and homeowners regarding correction items and are available to attend pre-construction meetings as needed.
The building inspection fees will be based on an hourly rate fo und on the next page, with final rates for each inspector being based on certifications and expe rience, that will assist in determining agreed upon rates per the table. We provide ranges on inspection services to reflect options related to number of certificates and level of experience provided to the City. $77$&+0(172)(;+,%,7%
City of Vallejo
Shums Coda Associates
Plan Review, Permitting and Field Inspection Services
52 Fee Schedule
City
Hourly Rates
es
Inspection invoices will be submitted to the jurisdiction on a monthly basis (with the building plan review fees for the same previous month) and be based on hourly rates described below.
Fees for inspection services, Plans Examiners (outside of perce ntage-based fees), and Permit Technicians shall be billed at the following hourly rates:
Job Title Hourly Rate
In-House Plan Review $135
In-House Code Training $150
Principal $150
Senior Plan Review Engineer/Architect (comm., industrial & multi-fam.) $125 Plan Review Engineer/Architect (small comm./residential) $115 Senior Fire Protection Engineer/Fire Inspector (FPE) $205 - $290 Fire Protection Engineer/Fire Inspector (FPE) $190 - $205 Permit Technician $65 - $80
Clerical Support $55 - $65
CASp Specialist – Plan Review $300
CASp Specialist – Inspection $350
CASp Specialist - Report TBD
Acting Supervisor of Inspectors (I.O.R.)** $125-$140
Senior Inspector** $110 - $125
Inspector II** $100 - $110
Inspector I** $90 - $100
Inspector in Training $60-$90
Overtime will not be charged for any plan review services, but SCA does reserve the right to negotiation additional fees for major re-designs or consistently incomplete responses to initial plan review comments (as agreed upon mutually with the jurisdiction) . Inspection overtime services will be charged as stated above (see qualifying statement below.) ** Hours for inspections in excess of 8 hours (per day) will be billed as overtime at the rate shown above.
When inspection overtime is requested, on days when inspector has not already performed inspections on the site (i.e., weekends, holidays, etc.), inspection overtime services will be provided in 4-hour minimum segments.
City of Vallejo
Shums Coda Associates
Plan Review, Permitting and Field Inspection Services
53 References
SCA takes great pride in the fact that our services are customizable and able to be adjusted to meet our client’s needs. To prove the reliability of our servic es, we provide the following list of client references to speak to the quality of our commitment to meeting project expectations. Feel free to call as many as needed for confirmation.
Nena Bizjak
Chief Building Official
City of Mountain View
500 Castro Street
Mountain View, CA 94041
(650) 903 – 6313
[email protected]
Providing inspections, plan review, building
official, and permit technician services since
2006.
Shawn Huff
Chief Building Official
City of Ventura
501 Poli Street
Ventura, CA 93001
(805) 677 - 3963
[email protected]
Providing inspections, plan review, and
permit technician services since 2021.
Bill Tott
Chief Building Official
City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA
95035
(408) 586 – 3263
[email protected]
Providing plan review services since 2006.
Gary West
Chief Building Official
City of Fremont
39550 Liberty Street
Fremont, CA 94538
(510) 494 – 4460
[email protected]
Providing inspections, plan review and
building official services since 2015.
Chuck Andrew
Assistant Community Development Director
City of Menlo Park
701 Laurel Street, 1st Floor
Menlo Park, CA 94025
(650) 330 – 6757
[email protected]
Providing inspections, plan review, and permit
technician services since 2009.
Melinda Denis
Planning and Permit Center Manager
City of Pleasanton
123 Main Street
Pleasanton, CA 94566
(925) 931 – 5631
[email protected]
Providing inspections, plan review, and
permit technician services since 2017.
Joseph Cuffe
Chief Building Official
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
(916) 851
– 8866
[email protected]
Providing inspections, plan review, and permit
technician services since 2017.
Tim Wegner
Deputy Director of Building Services
County of Placer
249 Nevada Street
Auburn, CA 9560
(503) 745 – 3125
[email protected]
Providing inspections and plan review
services since 2013.
Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
54 Consultant and Professional Services Agreement/ Insurance CityConsultant and Professional Services Agreement
SCA accepts the City of Vallejo’s standard Consultant and Professional Services Agreement as is, without modifications.
Insurance
SCA can and is willing to obtain the minimum scope and limits of insurance contained in the RFP.
Below is an example of insurance coverage we obtain for each jurisdiction. Our insurance can be modified as required by the City.
Shums Coda & Associates Inc. Professional Services Agreement 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) spec ified below, for those services set forth in Exhibit A of this Agreement for a total not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00).
2. Appropriate Billable Hourly Rates for Services and Additional Services.
Consultant’s billable hourly rates shall be as listed in Attach ment 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 o nly be payable if specifically authorized in advance by City.
4. Payments to Consultant.
A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed.
B. Request for payment shall be sent to:
Anthony Cook
Administrative Analyst II
Planning and Development Services
555 Santa Clara Street
Vallejo, CA 94590
5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all recor ds 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 incurr ed as a result of Consultant’s compensation hereunder, including estimated taxes,
Shums Coda & Associates Inc. Professional Services Agreement 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 Numbe r and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Shums Coda & Associates Inc. Professional Services Agreement 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 t o persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, represen tatives, 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 Compr ehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Servic es 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 Consulta nt’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 inj ury, personal injury, and property damage. If Commercial General Liability I nsurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed ce rtificate of exemption form which may be obtained from the City prior to com mencing any activity authorized hereunder.
Shums Coda & Associates Inc. Professional Services Agreement Page 2 of 3 Exhibit C – Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 co mbined 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, offici als, 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 borrow ed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, offic ials, 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 ins urance coverage shall be primary insurance as res pects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insur ance maintained by the City of Vallejo, its officers, officials, employees, age nts, 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 in sured against whom claim is made or suit is brought, except with respect to t he 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 par ty, reduced in coverage or in limits except after thirty (30) days' prior writ ten notice by certified mail, return receipt requested, has been given to the City.
F. The workers’ compensation and employer’s liability policy re quired hereunder shall be endorsed to state that the workers' compensa tion carrier
Shums Coda & Associates Inc. Professional Services Agreement Page 3 of 3 Exhibit C – Insurance Requirements
waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under su ch 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 au tomobile liability insurance coverage required by this clause. The certificates a nd endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subje c t t o a l l o f t h e requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragrap h F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$The ACORD name and logo are registered marks of ACORD
3/6/2023
(408) 792-5407 (408) 792-3670
11000
Shums Coda Associates, Inc.
5776 Stoneridge Mall Road, Suite 150
Pleasanton, CA 94588
22357
10346
16543
A
2,000,000
X 57SBABZ4608 3/8/2023 3/8/2024 1,000,000
10,000
2,000,000
4,000,000
4,000,000
1,000,000
B
57UECFN0207 12/20/2022 12/20/2023
1,000,000A
57SBABZ4608 3/8/2023 3/8/2024 1,000,000
10,000
C
EIG496370001 3/23/2023 3/23/2024 1,000,000
1,000,000
1,000,000
D E&O/Professional Lia BFLPMLTCA011300_020333_02 3/8/2023 Limit 3,000,000 Re: Per Written Contract or Agreement with the Named Insured.
City of Vallejo is included as Additional Insured as respects General Liability, per written contract, per form SS 00 08 04 05 attached.
Form CIR Attached.
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
SHUMCOD-01 BENNETTVIERHUS
NFP Property & Casualty Services, Inc.
160 West Santa Clara Street
Suite 575
San Jose, CA 95113
Liu Peng
[email protected]
Sentinel Insurance Company Ltd
Hartford Accident and Indemnity Co
Employers Preferred Insurance Company
Texas Insurance Company
X
3/8/2024
X
X
X
X
X
X
X
FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
NFP Property & Casualty Services, Inc.
SHUMCOD-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
1 SEE P 1
Shums Coda Associates, Inc.
5776 Stoneridge Mall Road, Suite 150
Pleasanton, CA 94588
SEE PAGE 1
BENNETTVIERHUS
1 CONTRACTUAL INSURANCE REQUIREMENTS
The attached Certificate of Insurance is provided as part of our service to our client, the Insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the insurance company’s insuring conditions, limitations, exclusions and other terms.
If you have any questions, please contact the undersigned.
NFP Property and Casualty Services, Inc.
160 West Santa Clara Street, Suite #575
CA License #0F15715
TELEPHONE: 408.792.5400
FAX: 408.792.3670
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees are also insureds, but only with respect to We will not pay expenses for "bodily injury":
their duties as trustees.a. Any Insured
2. Each of the following is also an insured:To any insured, except "volunteer workers". a. Employees And Volunteer Workersb. Hired Person
Your "volunteer workers" only whileTo a person hired to do work for or on behalf performing duties related to the conduct of of any insured or a tenant of any insured. your business, or your "employees", other c. Injury On Normally Occupied Premises than either your "executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a limited liability company), but only for acts d. Workers' Compensation And Similar within the scope of their employment by Laws
you or while performing duties related to To a person, whether or not an the conduct of your business."employee" of any insured, if benefits for However, none of these "employees" or the "bodily injury" are payable or must be "volunteer workers" are insureds for:provided under a workers' compensation or disability benefits law or a similar law. (1) "Bodily injury" or "personal and advertising injury":e. Athletics Activities
(a) To you, to your partners or To a person injured while practicing, members (if you are a partnership instructing or participating in any physical or joint venture), to your members exercises or games, sports or athletic (if you are a limited liability contests.
company), or to a co-"employee"f. Products-Completed Operations Hazard while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your
business, or to your other g. Business Liability Exclusions "volunteer workers" while Excluded under Business Liability Coverage. performing duties related to the C. WHO IS AN INSURED conduct of your business;
1. If you are designated in the Declarations as: (b) To the spouse, child, parent, brother or sister of that co-a. An individual, you and your spouse are "employee" or that "volunteer insureds, but only with respect to the worker" as a consequence of conduct of a business of which you are the (1)(a)Paragraph above;sole owner.
(c) For which there is any obligation b. A partnership or joint venture, you are an to share damages with or repay insured. Your members, your partners, and someone else who must pay their spouses are also insureds, but only with damages because of the injury respect to the conduct of your business. (1)(a)described in Paragraphs orc. A limited liability company, you are an (b) above; orinsured. Your members are also insureds, (d) Arising out of his or her providing but only with respect to the conduct of your or failing to provide professional business. Your managers are insureds, but health care services.only with respect to their duties as your managers. If you are not in the business of
providing professional health cared. An organization other than a partnership, (d)services, Paragraph does not applyjoint venture or limited liability company, you to any nurse, emergency medicalare an insured. Your "executive officers" and technician or paramedic employed bydirectors are insureds, but only with respect you to provide such services.to their duties as your officers or directors.
Your stockholders are also insureds, but only (2) "Property damage" to property:
with respect to their liability as stockholders. (a) Owned, occupied or used by,