Agenda packet, regular meeting — Vallejo City Council, May 13, 2025 (part 3 of 5)

foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS

1. 02 - Resolution - Leaven Kids Agreement - $123,500 CAO Stamp

2. 03 - City Attorney Approved - Leaven Kids Agreement - $123,500

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

APPROVING AN AGREEMENT WITH LEAVEN KIDS FOR AN AMOUNT NOT TO EXCEED $123,500 FOR SERVICES THROUGH SEPTEMBER 30, 2025
WHEREAS, on December 16, 2021, the City of Vallejo was awarded a $999,688 Fiscal Year 2021 Byrne Criminal Justice Innovation (“BCJI”) Program grant by the United States Department of Justice Office of Justice Programs (“OJP”) for Project HOPE (Harm-focused Outreach, Prevention, and Education); and
WHEREAS, on October 30, 2022, the City of Vallejo entered into a Memorandum of Understanding with Leaven Kids (City contract 23-PD067) to provide after-school and year- round services to youth at risk of exposure to crime and violence in hotspot neighborhoods, through September 30, 2024 for an amount not to exceed $299,800 (“Original Contract”), which was funded through the aforementioned BCJI grant for Project HOPE; and WHEREAS, due to a delay in project implementation, the Original Contract expired with approximately $123,500 of remaining budget; and
WHEREAS, City staff recommends execution of a new Agreement with Leaven Kids for the $123,500 unused – and already allocated – BCJI grant funding to ensure there is no interruption in the provision of the valuable services to the community through September 30, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the Byrne Criminal Justice Innovation Program Agreement Between the City of Vallejo and Leaven Kids in an amount not-to-exceed $123,500 for the provision of the services set forth therein through September 30, 2025, and authorizes the City Manager to execute the same.

Adopted by the City Council of the City of Vallejo at a regular meeting held on May 13, 2025, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ANDREA SORCE, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK

BYRNE CRIMINAL JUSTICE INNOVATION PROGRAM

AGREEMENT BETWEEN THE CITY OF VALLEJO AND LEAVEN KIDS

This Byrne Criminal Justice Innovation Program Memorandum of Agreement (“Agreement”) is made at Vallejo, California, dated for reference this ______ day of _____________, 2025, by and between the City of Vallejo, a California municipal corporation (”City”), and Leaven Kids (“CBO”), a California nonprofit public benefit corporation, for CBO to provide after-school programming for youth at risk of exposure to crime and violence . City and CBO, which are collectively referred to as the “Parties,” agree as follows:

RECITALS

WHEREAS, City received funding from the United States Department of Justice ( “DOJ”) for a grant awarded through the Byrne Criminal Justice Innovation (“BCJI”) Program; and

WHEREAS, City and CBO recognize the BCJI program to be an excellent opportunity to work together to benefit City residents, address urgent public safety needs in the community, and reduce violent crime; and

WHEREAS, via a Memorandum of Understanding (City contract 23 -PD067), City engaged CBO as a BCJI sub-awardee to provide after-school programming for qualifying youth in the City for a total not-to-exceed Agreement of $299,800 from August 1, 2022 through September 30, 2024 (“Original Agreement”); and

WHEREAS, the Original Agreement is now expired; and

WHERAEAS, due to a delayed project start, approximately $123,500 of the $299,800 Original Agreement budget remains available to continue services; and

WHEREAS, City desires to re -engage CBO as a BCJI sub -awardee for CBO to provide the services described in Exhibit A, which is incorporated herein by this reference. This Agreement sets forth the respective roles and responsibilities of the Parties related to the support of BCJI Project H.O.P.E. (Harm-focused Outreach, Prevention, and Education). The Parties acknowledge that the unique circumstances of individual cases may give rise to issues not addressed by this Agreement, which may necessitate further discussion and agreement. This Agreement the requirements of 29 CFR § 553.105

A. Project Description

City shall reimburse CBO for all allowable costs and expenses incurred in providing the program (also referred to as the “Scope of Services”), as set forth in Exhibit A of this Agreement and incorporated herein by this reference . The program, allowable costs, and expenses may be amended upon agreement of the Parties.

CBO shall follow all mandatory DOJ requirements due to the interaction of CBO personnel, contractors, employees, volunteers , and/or subcontractors with minors. CBO, as a BCJI sub -

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awardee, shall ensure all personnel who have contact with minors meet the requirements set forth in Exhibit D, which is attached hereto and incorporated herein by this reference. For purposes of Exhibit D, CBO shall also be known as the recipient.

B. Project and Agreement Term

The term of this Agreement is October 1, 2024 through September 30, 2025.

C. Project Implementation

1. City hereby grants to CBO an amount not to exceed $123,500 on condition that the BCJI grant funds be expended for the eligible costs and purposes of the Project as described in Exhibit A and pursuant to all other terms and conditions set forth herein. Exhibit A includes deliverables and estimated costs for each deliverable. CBO is bound hereby to complete each deliverable listed in Exhibit A and will be solely responsible for fees that result from use of the Center during the term of this Agreement.

2. CBO shall complete the Project by September 30, 2025. Requests for project extensions must be in writing to the City no later than 90 days before the project end date.

3. CBO certifies that Project HOPE does and will continue to comply with all laws and regulations that apply to the Project, including, but not limited to, legal requirements for construction contracts and workers’ compensation, building codes, environmental laws (including but not limited to the California Environmental Quality Act), health and safety codes, and disabled access laws.

4. CBO shall obtain City’s written approval for any change or deviation from the original Scope of Services set forth in Exhibit A, including changes to any of the deliverables or costs identified therein. Any modification to the Project or Scope of Services must also comply with all current laws and regulations and all other requirements of this Agreement, and the Project must be completed with available funding from the CBO and funds provided under this Agreement.

Any request for changes or deviations to the Scope of Services shall be requested in writing to City. City shall review any request for changes or deviations presented therein and promptly notify CBO of City’s decision.

5. All actions and approvals required to be taken by City under this Agreement shall be approved by either the City Council, the City Manager or his/her designee.

6. CBO will conduct pre -program assessments and provide City with programmatic data throughout the term of this Agreement so City can evaluate program successes and impacts.

7. City will collect crime and arrest data for the locations listed above to analyze crime rates and program impacts throughout the term of this Agreement.

D. Project Costs, Requests for Payment, Advances

1. CBO agrees to use all BCJI grant funds provided by City, under the terms of this Agreement, solely for the Project herein described.

2. City will reimburse CBO with BCJI grant funds within 30 days after receipt of an invoice that describes the Project expenses to City’s reasonable satisfaction. Invoices shall be submitted City of Vallejo BCJI Grant Agreement – Leaven Kids

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monthly.

4. BCJI funds under this Agreement must be expended within the term of this Agreement.

5. Except as otherwise provided herein, CBO shall expend BCJI grant funds only in the manner described herein.

6. City will not pay for Project costs with any other grants.

7. Regardless of any other provisions herein, City shall not provide payment to CBO in excess of the CBO’s actual BCJI Program expenses. Furthermore, City shall not reimburse CBO for expenses that exceed the Agreement allocated to CBO.

8. CBO is liable for repayment of disallowed costs. Disallowed costs may be identified through audits, monitoring, or other means. CBO shall be afforded the opportunity to respond to any adverse findings that may lead to disallowed costs.

E. Payment Process and Documentation

1. All Requests for Payments (i.e., invoices) must be submitted using a completed Request for Payment Form attached as Exhibit B, which is incorporated herein by this reference . This form must be accompanied by 1) an itemized list of all expenditures according to Project Budget Categories in Exhibit A, and 2) supporting documentation that clearly identifies the expenditure(s) in relation to said Project Budget Categories. Requests for Payment may not be submitted more often than quarterly.

2. If the Request for Payment Form is incomplete, inadequate , or inaccurate, City may withhold all or a portion of the payment until all required information is received or corrected. Any penalties whatsoever imposed on CBO by a third party for any reason whatsoever are the responsibility of CBO and are not reimbursable under this Agreement.

F. Project Review and Documentation.

CBO shall submit progress reports as described in Exhibit C, which is incorporated herein by this reference.

G. Subrecipient Monitoring

CBO shall perform all monitoring and reporting requirements of BCJI subrecipients, if any, in accordance with 2 CFR §200. Details regarding the subrecipient monitoring plan are set forth in Exhibit E, which is incorporated herein by this reference.

H. Project Termination

1. Prior to the completion of the Project, either Party may terminate this Agreement by providing the other Party with thirty (30) days’ written notice.

2. If City terminates this Agreement prior to the project completion date stated in Section B, the CBO shall take all reasonable measures to prevent further costs to City hereunder. City shall be responsible for any reasonable and non -cancelable obligations incurred by CBO under this Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of City of Vallejo BCJI Grant Agreement – Leaven Kids

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funding authorized in this Agreement and only for authorized expenses.

I. Financial Records

1. CBO shall establish an official file for the Project. The file shall contain adequate documentation of all actions that are taken with respect to the Project.

2. CBO shall keep separate and complete accounting records for receipt, deposit, and payment of all Project funds, including interest.

3. CBO agrees that adequate supporting documentation shall be maintained in sufficient detail to provide an audit trail that will permit tracing transactions from support documentation to the accounting records to the financial reports and billings.

4. CBO shall maintain books, records, documents, and other evidence sufficient to reflect properly the Agreement, receipt, and disposition of all Project funds, including non -City funds, interest earned, any matching funds by CBO, and the total cost of the Project. Time and effort reports shall also be required for consultants and contractors. Adequate supporting documentation shall be maintained by consultants and contractors in sufficient detail to provide an audit trail which will permit tracing transactions from the invoices to the financial statement, to the accounting records, and to the supporting documentation.

5. CBO shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by City.

J. Audit Requirements

City reserves the right to call for a program audit or a financial audit at any time during the term of this Agreement and for two years following termination of this Agreement. Within ten (10) working days of a request by City, CBO shall furnish, at its own expense, legible copies of all materials deemed pertinent to the request. At any time, City may disallow all or part of the cost of any activity or action which it determines to be out of compliance with the terms and conditions of this Agreement.

K. Assignment

Except as expressly provided by written agreement between the Parties, this Agreement is not assignable by CBO either in whole or in part.

L. No Agency Agreement

In carrying out this Agreement, CBO and its personnel, agents, employees, and volunteers shall be deemed to be acting in an independent capacity with respect to the City, and not as the officers, employees, or agents of City or the State of California.

M. Liability and Insurance

1. CBO shall defend, indemnify, and save harmless the City (including its inspectors, project managers, trustees, officers, elected officials, appointed officials, agents, members, employees, affiliates, consultants, subconsultants, volunteers and representatives), and each of them, of and City of Vallejo BCJI Grant Agreement – Leaven Kids

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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 CBO and/or CBO’s services and operations performed pursuant to this Agreement, including, but not limited to:

A. 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 CBO, 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 CBO, City, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable;
B. 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 CBO;
C. Alleged infringement of any patent rights which may be brought arising out of CBO’s work;
D. 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; E. CBO’s failure to fulfill any of the covenants set forth in this Agreement; F. Failure of CBO to comply with the provisions of this Agreement relating to insurance; and,
G. Any violation or infraction by CBO 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 this section shall not be limited by the insurance requirements set forth in this Agreement.

CBO's indemnification of City will not include indemnification for claims that 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.

The indemnification provisions set forth above shall survive the termination of this Agreement.

2. Insurance shall conform to the following requirements: CBO shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CBO, its agents, representatives, employees, volunteers, or subcontractors. Such insurance shall not be construed to relieve CBO of any liability in excess of such coverage.

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

1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office from 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 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025.

3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

B. Minimum Limits of Insurance
CBO shall maintain limits no less than:

1. General Liability: $2,000,000 combined single limit 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: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

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

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

1. General Liability and Automobile Liability Coverage
i. City, its officers, officials, elected officials, appointed officials, employees, and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of CBO, including the insured's general supervision of CBO; products and completed operations of CBO, premises owned, occupied or used by CBO. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, elected officials, appointed officials, employees, or volunteers.

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ii. CBO's insurance coverage shall be primary insurance as respects City, its officers, officials, elected officials, appointed officials, employees, and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, elected officials, appointed officials, employees, or volunteers shall be excess of CBO's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, elected officials, appointed officials, employees, or volunteers.
iv. CBO's coverage applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, elected officials, appointed officials, employees and volunteers for losses arising from work performed by CBO for City.

3. All Coverage
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to City.

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

F. Verification of Coverage
CBO shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and accepted by City before work commences.

City reserves the right to require complete, certified copies of all required insurance policies, at any time.

G. Subcontractors
CBO shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CBO shall ensure that all subcontractors include City as additional insured.

N. Nondiscrimination

CBO shall not discriminate against any person on the basis of sex, race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age, marital status, City of Vallejo BCJI Grant Agreement – Leaven Kids

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military status, sexual orientation, or gender selection in the performance of the services set forth in this Agreement.

O. Severability

If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this that can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

P. Waiver

No term or provision hereof will be considered waived by either Party, and no breach is excused or consented to by either Party, unless such waiver or consent is in writing and signed on behalf of the Party against whom the waiver is asserted. No express or implied consent by either Party to, waiver of, or failure of a Party to enforce its rights with respect to a breach by the other Party shall constitute consent to or, waiver of any subsequent or other breach by the other Party.

Q. Time of the Essence

Time is of the essence with respect to the Completion Date as set forth in Section B of this Agreement. With respect to all other dates set forth herein, CBO shall use its best efforts to accomplish the tasks by the specified dates.

R. Amendment

This Agreement may be amended by mutual agreement in writing between the Parties. Any request by CBO for amendments must be in writing stating the amendment request and reason for the request. CBO shall make requests in a timely manner and in no event less than thirty (30) days before the effective date of the proposed amendment.

S. 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:

City: Administrative Manager
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590

CBO: Mark Lillis
Leaven Kids
2220 Boyton Avenue, Suite A
Fairfield, CA 94533

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T. List of Exhibits

Exhibit A – Scope of Services
Exhibit B – Request for Payment Form
Exhibit C – Progress Report Form
Exhibit D – Determination of suitability required, in advance, for certain individuals who may interact with participating minors
Exhibit E - Subrecipient Monitoring Plan

U. Entire Agreement

This Agreement, and the attached exhibit s, constitute the entire agreement between the parties hereto relating to the Project and may not be modified except by an instrument in writing signed by the parties hereto.

[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement on the day and year first hereinabove appearing.

LEAVEN KIDS, CITY OF VALLEJO,
a California nonprofit public benefit a California municipal corporation corporation

By:________________________

MARK LILLIS
Executive Director

DATE: ____________________

_______________________
Vallejo Business License #

(City Seal)

By:____________________________

ANDREW MURRAY
City Manager

DATE:_________________________

ATTEST:_______________________
DAWN G. ABRAHAMSON
City Clerk

APPROVED AS TO CONTENT:

_____

JASON TA
Chief of Police

APPROVED AS TO FORM:

VERONICA A. F. NEBB
City Attorney

APPROVED AS TO INSURANCE:

ARMOND SARKIS
Risk Manager

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EXHIBIT A

LEAVEN KIDS

SCOPE OF SERVICES

A. Program Description:

Project provides academic tutoring, mentoring, and referrals to trauma-informed social and supportive services at the Leaven Learning Centers located at Maine Street, Sereno Drive, and Magazine Street in Vallejo, California. Project provides staffing to ensure centers are open and available to students and their families in targeted locations identified as high crime “hotspots,” as well as certain supplies to operate effectively.

B. Program Budget:

CBO will continue providing the same level of service and staffing levels at the Leaven Learning Centers located at Maine Street, Sereno Drive, Magazine Street in Vallejo, California, with the budget line items shown in Exhibit B, below, totaling $123,500.

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EXHIBIT B

REQUEST FOR PAYMENT

CBO shall submit Requests for Payment no more frequently than monthly using a form similar to that shown below. Information regarding financial reports and reimbursements should be emailed to [email protected].

Sample Report Format:

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EXHIBIT C

PROGRESS REPORT

CBO will submit progress report information as required by the BCJI Action Plan.

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EXHIBIT D
Determination of suitability required, in advance, for certain individuals who may interact with participating minors

1. Advance determination regarding suitability. The recipient (and any subrecipient at any tier) may not permit any covered individual to interact with any participating minor in the course of activities under the award, unless the recipient or subrecipient first has made a written determination of the suitability of that individual to interact with participating minors, based on current and appropriate information as described in paragraph 3.E., and taking into account the factors and considerations described in paragraph 4.

2. Updates and reexaminations
A. The recipient (or subrecipient) must, at least every five years, update the searches described in paragraph 3.E.1. and 2., reexamine the covered individual's suitability determination in light of those search results, and, if appropriate, modify or withdraw that determination.

B. The recipient also must reexamine a covered individual's suitability determination upon learning of information that reasonably may suggest unsuitability and, if appropriate, modify or withdraw that determination.

3. Definitions
A. "Covered individual" means any individual (other than a participating minor, as defined in this condition, or a client of the recipient (or subrecipient)) who is expected, or reasonably likely, to interact with any participating minor (other than the individual's own minor children). A covered individual need not have any particular employment status or legal relationship with the recipient (or subrecipient). Such an individual might be an employee of a recipient (or subrecipient), but also might be (for example) a consultant, contractor, employee of a contractor, trainee, volunteer, or teacher.

B. "Participating minor." All individuals under 18 years of age within the set of individuals described in the scope section of this condition as it appears on the award document are participating minors.

C. "Interaction" includes physical contact, oral and written communication, and the transmission of images and sound and may be in person or by electronic (or similar) means. But "interaction” does not include--
(1) brief contact that is both unexpected by the recipient (or subrecipient) and unintentional on the part of the covered individual -- such as might occur when a postal carrier delivers mail to an administrative office.
(2) personally-accompanied contact -- that is, infrequent or occasional contact (for example, by someone who comes to make a presentation) in the presence of an accompanying adult, pursuant to written policies and procedures of the recipient (or subrecipient) that are designed to ensure that -- throughout the contact -- an appropriate adult who has been determined to be suitable pursuant to this condition will closely and personally accompany, and remain continuously within view and earshot of, the covered individual.

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D. "Activities under the award." Whether paid for with federal funds from the award, "matching” funds included in the OJP-approved budget for the award, or "program income" for the award as defined by the (DOJ) Part 200 Uniform Requirements), activities under the award include both-- (1) activities carried out under the award by the recipient (or subrecipient); and (2) actions taken by an entity or individual pursuant to a procurement contract under the award or to a procurement contract under a subaward at any tier.

E. "Current and appropriate information"
In addition to information resulting from checks or screening required by applicable federal, state, tribal, or local law, and/or by the recipient's (or subrecipient's) written policies and procedures, current and appropriate information includes the results of all required searches listed below, each of which must be completed no earlier than six months before the determination regarding suitability.
(1) Public sex offender and child abuse websites/registries A search (by current name, and, if applicable, by previous name(s) or aliases), of the pertinent and reasonably- accessible federal, state, and (if applicable) local and tribal sex offender and child abuse websites/public registries, including--
(a) the Dru Sjodin National Sex Offender Public Website (www.nsopw.gov); (b) the website/public registry for each state (and/or tribe, if applicable) in which the individual lives, works, or goes to school, or has lived, worked, or gone to school at any time during the past five years; and
(c) the website/public registry for each state (and/or tribe, if applicable) in which the individual is expected to, or reasonably likely to, interact with a participating minor in the course of activities under the award.
(2) Criminal history registries and similar repositories of criminal history records For each individual at least 18 years of age who is a covered individual under this FY 2019 award, a fingerprint search (or, if the recipient or subrecipient documents that a fingerprint search is not legally available, a name-based search, using current and, if applicable, previous names and aliases) -- encompassing at least the time period beginning five calendar years preceding the date of the search request -- of pertinent state (and, if applicable, local and tribal) criminal history registries or similar repositories, including-- (a) the criminal history registry for each state in which the individual lives, works, or goes to school, or has lived, worked, or gone to school at any time during the past five years; and (b) the criminal history registry for each state in which he or she is expected to, or reasonably likely to, interact with a participating minor in the course of activities under the award.

4. Factors and considerations in determinations regarding suitability In addition to the factors and considerations that must or may be considered under applicable federal, state, tribal, or local law, and under the recipient's (or subrecipient's) written policies and procedures, in making a determination regarding suitability, the recipient (or subrecipient) must City of Vallejo BCJI Grant Agreement – Leaven Kids

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consider the current and appropriate information described in paragraph 3.E.

In particular (unless applicable law precludes it), with respect to either an initial determination of suitability or a subsequent reexamination, the recipient (or subrecipient) may not determine that a covered individual is suitable to interact with participating minors in the course of activities under the award if the covered individual--
A. Withholds consent to a criminal history search required by this condition.

B. Knowingly makes (or made) a false statement that affects, or is intended to affect, any search required by this condition.

C. Is listed as a registered sex offender on the Dru Sjodin National Sex Offender Public Website;
D. To the knowledge of the recipient (or subrecipient), has been convicted -- whether as a felony or misdemeanor -- under federal, state, tribal, or local law of any of the following crimes (or any substantially equivalent criminal offense, regardless of the specific words by which it may be identified in law):
(1) sexual or physical abuse, neglect, or endangerment of an individual under the age of 18 at the time of the offense;
(2) rape/sexual assault, including conspiracy to commit rape/sexual assault; (3) sexual exploitation, such as through child pornography or sex trafficking; (4) kidnapping;
(5) voyeurism; or
E. Is determined by a federal, state, tribal, or local government agency not to be suitable.

5. Administration; rule of construction
A. The requirements of this condition are among those that must be included in any subaward (at any tier), and must be monitored. They apply as of the date of acceptance of this award, and throughout the remainder of the period of performance.

B. The recipient is to contact the DOJ awarding agency with any questions regarding the requirements of this condition and must not allow a covered individual to interact with a participating minor until such questions are answered.

C. Award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition, provided that such funds would not supplant non-federal funds that would otherwise be available for such costs.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal, state, tribal, or local law, including any applicable civil rights or nondiscrimination law.

More information found at: https://www.ojp.gov/funding/explore/interact-minors

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EXHIBIT E

Subrecipient Monitoring Plan

City of Vallejo will be responsible for collecting, aggregating, and submitting all required reports and performing necessary subrecipient monitoring activities to ensure Project H.O.P.E. is compliant with all relevant federal guidelines, including BCJI program guidance, the Office of Justice Programs Financial Guide, and The Office of Management and Budget (OMB) requirements.

The purpose of this plan establishes a monitoring system that defines subrecipient monitoring.

City of Vallejo as fiscal agent, is responsible for monitoring subrecipient activities to provide reasonable assurance that the subrecipient administers federal awards in compliance with the OMB Circular A-133, Audits of States, Local Governments and Non-Profits Organizations; for ensuring required audits are performed and requiring subrecipient to take prompt corrective action on any audit finding: and for evaluating the impact of subrecipient activities on its ability to comply with applicable federal regulations.

City of Vallejo Responsibilities

1) Award Identification
a. The City of Vallejo will provide the following information to subrecipients at the time of award announcement:
i. Award name and year
ii. Name of federal awarding agency
iii. CFDA title & number
iv. Whether or not award is Research & Development
v. Agreement of award as allocated by the BCJI, and any adjustments to that allocation b. City of Vallejo will provide the following information to subrecipient at the time funds are forwarded:
i. Award name, number, and year
ii. Description of scope of work/budget
iii. Legal requirements as outlined by the grant agreement signed by City of Vallejo and BCJI Program

2) Grant Requirement Notification
a. The following requirements will be outlined in the Agreement between the subrecipients. i. Reporting requirements, including but not limited to:

1. Quarterly Financial Status Reports

2. Quarterly Reports and Performance Metrics.
ii. Legal requirements as outlined by the grant guidance, including but not limited to:

1. Non-Supplanting of State and Local Funds

2. Civil Rights Compliance

3. Anti-Lobbying Act

4. National Environmental Policy Act (NEPA) DOJ Information Technology Standards

5. Compliance with Office of Justice Program Financial Guide

6. Government Performance and Results Act (GPRA)

7. Federal Funding Accountability and Transparency Act (FFATA)

8. Records Retention Requirements

City of Vallejo BCJI Grant Agreement – Leaven Kids

Page 18 of 18 ends

3) Subrecipient Monitoring Activities
a. Each Fiscal Year, City of Vallejo will perform an on-site visit the BCJI Program is active:
i. To review financial and programmatic records
ii. To observe operations
iii. To inspect facilities to ensure compliance with program requirements iv. To interview staff to ensure they are informed of and carry out program policy and regulations b. Monitoring follow-up is done to ascertain corrective action has been done for any problems or deficiencies that may have been identified. c. The subrecipient is required to submit a complete inventory of all equipment purchased with BCJI funds for each year. City of Vallejo will select the items from the inventory list to check and ensure equipment is maintained in accordance with DOJ guidelines. d. Desk review of financial records, to include:
i. Purchasing records for items selected as part of the inventory check, including support documentation for any sole source contract and suspension and debarment checks on vendors. ii. Review of billings and the supporting documentation accompanying the quarterly financial status report to be selected at random.
e. A monitoring visit checklist will be completed during the visit documenting the inventory check and desk review and a copy provided to the subrecipient at the time of the visit. f. Within 2 weeks of the monitoring visit, City of Vallejo will provide a follow up letter indicating:
i. Whether or not the subrecipient was found to be in compliance with DOJ guidelines. ii. Any corrective actions to be taken, if appropriate. g. The monitoring visit checklist and follow up letter will be maintained by City of Vallejo in the appropriate grant files.

CONSENT CALENDAR 8.J.

DATE: May 13, 2025
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: ADOPT A RESOLUTION: 1) FINDING THE PEDESTRIAN CROSSING ENHANCEMENTS AT 17 LOCATIONS PROJECT (PW9709) (HIGH VISIBILITY CROSSWALKS AND ADA

CURB RAMP UPGRADES) CATEGORICALLY EXEMPT FROM THE PROVISIONS OF

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(c); 2) APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR THE PROJECT; AND 3) AWARDING A CONSTRUCTION CONTRACT TO CENTRAL STRIPING SERVICES, INC. OF RANCHO CORDOVA, CALIFORNIA IN THE AMOUNT OF $233,703 AND REJECTING ALL OTHER BIDS, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution:

1. Finding the Pedestrian Crossing Enhancements at 17 locations in Vallejo Project categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c);

2. Approving the plans and specifications for the Pedestrian Crossing Enhancements at 17 Locations Project (Vallejo Project No. PW9709; State Project No. HSIPL-5030(069)); and

3. Awarding a construction contract to Central Striping Services, Inc. of Rancho Cordova, California in the amount of $233,703, rejecting all other bids, and authorizing the City Manager to execute the contract.

REASONS FOR RECOMMENDATION
This project is part of the City's efforts to enhance and improve roadway safety for pedestrians as part of the Highway Safety Improvement Program (HSIP).

BACKGROUND AND DISCUSSION
The Highway Safety Improvement Program (HSIP) Cycle 10 Pedestrian Crossing at 17 Locations Project (PW9709) was identified through the Systemic Safety Analysis Report Program (SSARP) based on accident data and the 2021 Solano Safety Plan. On March 26, 2021, the City was awarded $249,700 in HSIP funding for pedestrian crossing enhancements, which include the installation of high-visibility crosswalks and ADA curb ramp upgrades at the following locations:
• Georgia at Rollingwood and Fernwood
• Baywood at Rollingwood and Fernwood
• Daniels at Rodgers and Selfridge
• Mini at Whitney and Corcoran

Date: May 13, 2025
Subject: ADOPT A RESOLUTION: 1) FINDING THE PEDESTRIAN CROSSING ENHANCEMENTS AT 17 LOCATIONS PROJECT (PW9709) (HIGH VISIBILITY CROSSWALKS AND

ADA CURB RAMP UPGRADES) CATEGORICALLY EXEMPT FROM THE

PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(c); 2) APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR THE PROJECT; AND 3) AWARDING A CONSTRUCTION CONTRACT TO CENTRAL STRIPING SERVICES, INC. OF RANCHO CORDOVA, CALIFORNIA IN THE AMOUNT OF $233,703 AND

REJECTING ALL OTHER BIDS, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

Page 2 ends

• Corcoran at Arrowhead
• Ensign at Shasta, Highland Elementary School, and Mariposa • Nebraska at Shasta, Mariposa, and Mid-Block
• Porter at Magazine
• Glen Cove Parkway at North Regatta Dr.

As part of the funding application, the Metropolitan Transportation Commission (MTC) required the City to provide assurances that the project would be completed as programmed.

The following funding has been secured for the project:
• On June 8, 2021, the City Council adopted Resolution No. 21-067 N.C., which approved the HSIP Cycle 10 Pedestrian Crossing Enhancements project (PW9709) and appropriated $249,700 of Fund 221 (Grant/Reimbursement Fund) budget to the project.
• On February 27, 2024, the City Council adopted Resolution No. 24-027 N.C., appropriating $100,000 of Fund 201 (Capital Outlay Fund) budget to the project. • On June 12, 2024, the City Council adopted Resolution No. 24-093 N.C., appropriating $150,000 of Fund 226 (Road Maintenance Rehabilitation Account Fund) budget to the project.

The total appropriated project budget is now $499,700.

City staff have utilized $16,200 of the HSIP grant funds and $53,800 in local funds for the preparation of plans, specifications, and cost estimates (PS&E). The remaining funds, totaling $429,700, are designated for the construction phase of the project.

The Plans and Specifications were prepared and completed by City staff under the direction of the City Engineer. The project was advertised beginning January 22, 2025, on Planet Bids and in the Vallejo Times Herald, in accordance with Public Contract Code Section 20164. A five-week advertising period was completed. The Plans and Specifications are available for review through the hyperlinks provided in Attachment 2 – Construction Contract PW9709 – under Exhibit D, Items i & ii.

On February 26, 2025, sealed bids were opened and publicly read by the Deputy City Clerk. The City received four (4) bids and the results of the bids for the subject project, in order from lowest to highest, are as follows:

Date: May 13, 2025
Subject: ADOPT A RESOLUTION: 1) FINDING THE PEDESTRIAN CROSSING ENHANCEMENTS AT 17 LOCATIONS PROJECT (PW9709) (HIGH VISIBILITY CROSSWALKS AND

ADA CURB RAMP UPGRADES) CATEGORICALLY EXEMPT FROM THE

REJECTING ALL OTHER BIDS, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

Page 3 ends

Bid
Order
Contractor Total Base Bid Amount
1 Central Striping Services, Inc. $233,703.00
2 Dutch Contracting, Inc. $265,825.60
3 Zara Construction $278,130.00
4 Consolidated Engineering, Inc. $309,832.00

Staff determined that Central Striping Services, Inc., of Rancho Cordova, California, is the lowest responsive and responsible bidder pursuant to Public Contract Code Section 20162 and recommends awarding a construction contract in the amount of $233,703.00. All submitted bid requirements appear to be complete and in order meeting all bid requirements.

FISCAL IMPACT
There is no fiscal impact on the General Fund associated with this item, as it is being funded through the capital improvement program funds previously appropriated.

The City is obligated under the grant agreement to contribute 12% of the total project costs. The grant match will be made using existing project budget and in-kind contributions associated with the staff time spent working on project-related activities

SOURCES FOR PROJECT
(PW9709)

BUDGET EXPENDITURES

Fund 201: Capital Outlay
(allocated FY 2023-24)
$100,000
Fund 221: Grants /
Reimbursements
Highway Safety Improvement
Program (HSIP)
(allocated FY 2020-21)
$249,700
Fund 226: Road Maintenance
Rehabilitation Account (RMRA)
(allocated FY 2023-24)
$150,000

Design ($70,000)
Date: May 13, 2025
Subject: ADOPT A RESOLUTION: 1) FINDING THE PEDESTRIAN CROSSING ENHANCEMENTS AT 17 LOCATIONS PROJECT (PW9709) (HIGH VISIBILITY CROSSWALKS AND

ADA CURB RAMP UPGRADES) CATEGORICALLY EXEMPT FROM THE

REJECTING ALL OTHER BIDS, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

Page 4 ends

Construction Contract ($233,703)
Construction Contingency (30%) ($70,111)
Construction Management &
Inspection
(Staff & Consultant)
($120,000)

TOTALS $499,700 ($493,814)

ENVIRONMENTAL REVIEW
The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(c) “Existing Facilities”, which applies to the repair and maintenance of highways and streets sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of safety enhancement facilities, including but not limited to high visibility crosswalks, advanced warning signs.

ATTACHMENTS

1. Resolution Awarding PW9709 Construction Contract to Central Striping Services $233,703_CAO Stamp

2. Construction Contract PW9709 with Central Striping Svcs $233703_CAO Stamp

3. LOCATION MAP PW9709

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

RESOLUTION NO. 25-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO: 1) FINDING THE PEDESTRIAN CROSSING ENHANCEMENTS AT 17 LOCATIONS PROJECT (PW9709) CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(C); 2) APPROVING THE PROJECT PLANS AND SPECIFICATIONS; AND 3) AWARDING A CONSTRUCTION CONTRACT TO CENTRAL STRIPING SERVICES, INC. OF RANCHO CORDOVA, CALIFORNIA IN THE AMOUNT OF $233,703 AND REJECTING ALL OTHER BIDS, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE CONTRACT
WHEREAS, the Highway Safety Improvement Program (HSIP) Cycle 10 Pedestrian Crossing at 17 Locations Project (PW9709) was identified through the Systemic Safety Analysis Report Program (SSARP), based on accident data and the 2021 Solano Safety Plan, and was awarded funding under the HSIP Cycle 10, as part of the Pedestrian Crossing Enhancements Category; and
WHEREAS, on March 26, 2021, the City of Vallejo was awarded $249,700 in HSIP funding for pedestrian crossing enhancements, including the installation of high-visibility crosswalks and ADA curb ramp upgrades at the following locations:
•Georgia at Rollingwood and Fernwood
•Baywood at Rollingwood and Fernwood
•Daniels at Rodgers and Selfridge
•Mini at Whitney and Corcoran
•Corcoran at Arrowhead
•Ensign at Shasta, Highland Elementary School, and Mariposa •Nebraska at Shasta, Mariposa, and Mid-Block
•Porter at Magazine
•Glen Cove Parkway at North Regatta Dr.

WHEREAS, the Metropolitan Transportation Commission (MTC) required assurances that the project would be completed as programmed, and the City has secured the necessary funding for the project; and WHEREAS, the City is obligated under the grant agreement to contribute 12% of the total project costs. The grant match will be made using existing project budget and in-kind contributions associated with the staff time spent working on the project-related activities; and
WHEREAS, project Plans and Specifications were prepared by City staff under the direction of the City Engineer, and advertised on Planet Bids for a five-week period commencing on January 22, 2025, in accordance with Public Contract Code Section 20164; and WHEREAS, on February 26, 2025, four sealed bids were received, opened, and publicly read by the Deputy City Clerk; and
WHEREAS, Central Striping Services, Inc., submitted the lowest responsive and responsible bid of $233,703; and
WHEREAS, the Plans and Specifications were presented to and considered by the City Council at a regular meeting held on May 13, 2025; and

WHEREAS, projects that involve the repair and maintenance of highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of safety enhancement facilities, including but not limited to high visibility crosswalks and advanced warning signs are categorically exempt from environmental review pursuant to Section 15301(c) of the CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds that the Pedestrian Crossing Enhancements at 17 Locations Project (PW9079) is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15301(c) because the project adds safety enhancement facilities such as high visibility crosswalks and ADA curb ramp upgrades to existing streets and sidewalks.

BE IT FURTHER RESOLVED that the City Council, having reviewed the Plans and Specifications for the Pedestrian Crossing Enhancements at 17 Locations Project (PW9079), hereby approves and adopts said Plans and Specifications for the project.

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

BE IT FURTHER RESOLVED that Central Striping Services Inc. of Rancho Cordova, California, was determined to be the lowest responsive and responsible bidder and is hereby awarded a contract in the amount of $233,703, and said contract is awarded to said low bidder at the prices bid.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract between the City of Vallejo and Central Striping Services, Inc., in the amount of $233,703, with any modifications recommended by the City Attorney, and the City Clerk to attest the signing of that Agreement.

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

Dutch Contracting, Inc., $265,825.60
Zara Construction $278,130.00
Consolidated Engineering, Inc. $309,832.00
are hereby deemed rejected, upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.

Adopted by the City Council of the City of Vallejo at a special meeting held on May 13, 2025, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________

ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Central Striping Services, Inc Construction Contract Page 1 of 8 PW9709 Pedestrian Crossing Enhancements at 17 Locations in Vallejo

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

CONTRACT
FOR
PEDESTRIAN CROSSING ENHANCEMENTS AT 17 LOCATIONS IN VALLEJO STATE PROJECT NO HSIPL-5030(069)
CITY PROJECT NO. PW9709
THIS CONTRACT (“Contract”) made and concluded in duplicate this 14th day of May 2025, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, acting by and through its City Council, hereinafter called City, and Central Striping Services, Inc., a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of the City of Vallejo heretofore caused plans and specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said plans and specifications; and,
WHEREAS, the City Council further caused notice inviting sealed bids for the performance of said work be given in the time and in the manner required by law which notice was published on January 22, 2025; and
WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said plans and specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and,
WHEREAS, Contractor was the lowest responsive and responsible bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsive and responsible bidder for the work and award to it a contract therefore.

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

1. SCOPE OF WORK
In accordance with the Plans and Specifications, the work to be done generally consists of, but shall not be limited to:
•Remove and replace curb, gutter, sidewalk, and curb ramps •Installing Fog seal

Central Striping Services, Inc Construction Contract Page 2 of 8 PW9709 Pedestrian Crossing Enhancements at 17 Locations in Vallejo •Grind existing pavement marking
•Install High Visibility Pedestrian crosswalk, pavement markings, striping, and signage.

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

The following documents shall constitute the Contract Documents:
(a) This Contract
(b) Exhibit A – Compensation;
(c) Exhibit B – Sample Contract Change Order;
(d) Exhibit C –
i. Plans, prepared by Public Works – Engineering and titled PW9709-PLANS – Pedestrian Crossing Enhancements at 17 Locations in Vallejo, signed and stamped by the City Engineer on December 11, 2024;
ii. Specifications titled PW9437-SPECIFICATIONS - Pedestrian Crossing Enhancements at 17 Locations in Vallejo, signed and stamped by the City Engineer on December 9, 2024;
iii. Standard Specifications of the State of California Department of Transportation dated 2023;
iv. City of Vallejo Standard Specifications and Standard Drawings dated December 20, 2011;
v. Vallejo Flood and Wastewater District Engineering Design Standards dated July 2020, and Engineering Standard Details, dated July 2020; and (e) Faithful Performance and Labor and Materials Bonds; and (f) Any other documents identified as such in the Contract Documents.

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

The said Contractor agrees to receive and accept the prices set forth in its Proposal in the amount of Two Hundred Thirty-Three Thousand Seven Hundred Three Dollars and Zero cents [$233,703.00] as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them.

Central Striping Services, Inc Construction Contract Page 3 of 8 PW9709 Pedestrian Crossing Enhancements at 17 Locations in Vallejo By my signature as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Pursuant to Section 1770, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. The Contractor shall forfeit, as penalty to the City, One Hundred Dollars ($100.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.

City shall pay Contractor the sums set forth in its Proposal in accordance with all of the terms and conditions of the Contract Documents.

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

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

SIGNATURES ARE ON THE FOLLOWING PAGE
Central Striping Services, Inc Construction Contract Page 4 of 8 PW9709 Pedestrian Crossing Enhancements at 17 Locations in Vallejo IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

CENTRAL STRIPING SERVICES, INC.
a California corporation
By:

James Lesniewski
President
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 CONTENT:

Melissa Tigbao, PE
Public Works Director
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
Central Striping Services, Inc Construction Contract Page 5 of 8 PW9709 Pedestrian Crossing Enhancements at 17 Locations in Vallejo

EXHIBIT A

COMPENSATION

Central Striping Services, Inc Construction Contract Page 6 of 8 PW9709 Pedestrian Crossing Enhancements at 17 Locations in Vallejo

EXHIBIT B

SAMPLE CONTRACT CHANGE ORDER
SAMPLE
Central Striping Services, Inc Construction Contract Page 7 of 8 PW9709 Pedestrian Crossing Enhancements at 17 Locations in Vallejo SAMPLE
Central Striping Services, Inc Construction Contract Page 8 of 8 PW9709 Pedestrian Crossing Enhancements at 17 Locations in Vallejo

EXHIBIT C

LINKS TO PLANS AND SPECIFICATIONS
Item i: Plans, prepared by Public Works – Engineering and titled PW9709-PLANS – Pedestrian Crossing Enhancements at 17 Locations in Vallejo, signed and stamped by the City Engineer on December 11, 2024;
Item ii: Specifications titled PW9709-SPECIFICATIONS - Pedestrian Crossing Enhancements at 17 Locations in Vallejo, signed and stamped by the City Engineer on December 9, 2024;
Item iii: Standard Specifications of the State of California Department of Transportation dated 2023
Item iv: City of Vallejo Standard Specifications and Standard Drawings dated December 20, 2011
Item v: Vallejo Flood and Wastewater District Engineering Design Standards dated July 2020, and Engineering Standard Details, dated July2020

ATTACHMENT A

LOCATION MAP
PEDESTRIAN CROSSING ENHANCEMENTS AT 17 LOCATIONS PROJECT CITY OF VALLEJO PROJECT NO. PW9709
STATE PROJECT NO. HSIPL-5030(069)
Site 1 Mini Dr & Whitney Ave, Mini Dr & Corcoran Ave, Corcoran Ave & Arrowhead Dr/Olympic Ave
Site 2 Daniels Ave & Rodgers St, Daniels Ave & Selfridge St Site 3 Nebraska St & Shasta St, Nebraska St & Mariposa St, Nebraska St Midblock, Ensign Ave at Highland Elementary School, Ensign Ave & Mariposa St, Ensign Ave & Shasta St Site 4 Porter St & Magazine St
Site 5 Georgia St & Fernwood Dr, Georgia St & Rollingwood Dr, Baywood Dr & Fernwood Dr, Baywood Dr & Rollingwood Dr
Site 6 Glen Cove Pkwy & N Regatta Dr
N
O
R
T
H
CONSENT CALENDAR 8.K.

DATE: May 13, 2025
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-25 SOLID WASTE FUND BUDGET TO ACCEPT TWO CALRECYCLE GRANTS: THE USED OIL PAYMENT PROGRAM GRANT IN THE AMOUNT OF $17,156 AND THE BEVERAGE CONTAINER

RECYCLING CITY-COUNTY PAYMENT PROGRAM GRANT IN THE AMOUNT OF $30,561 (Step 1 of 2)

RECOMMENDATION
Provide Notice of Intent to amend the Fiscal Year 2024-25 Solid Waste Fund budget to recognize grant revenue from the Used Oil Payment Program and City/County Beverage Container Recycling Program offered through CalRecycle in the amount of $17,156 and $30,561, respectively, and authorize expenditure of funds.

REASONS FOR RECOMMENDATION
The City applied for and was awarded two (2) non-competitive grants. Per City Charter Section 703, amending the budget requires a public notice of intent before any action is taken. This serves as the first step in the two- step process. A staff report with a recommendation to amend the budget will be presented to the City Council at its next regularly scheduled City Council meeting on May 27, 2025.

BACKGROUND AND DISCUSSION
The City applied for and was awarded two non-competitive grants from the California Department of Resources Recovery and Recycling (CalRecycle). City staff submitted an application for the Used Oil Payment Program on June 18, 2024, and received a notice of award approval in the amount of $17,156 on January 21, 2025. The City will use these funds to continue supporting used oil and oil filter collection programs.

Additionally, City staff submitted an application for the City/County Beverage Container Recycling Program on September 26, 2024 and received notification from CalRecycle that the City was awarded grant funds in the amount of $30,561. These funds will be used to increase California Redemption Value (CRV) beverage container recycling efforts and enhance litter reduction activities, including K-12 education programs.

This serves as the first step in the two-step process to amend the FY 2024-25 Solid Waste Fund budget. A detailed staff report and draft resolution will be presented to the City Council for consideration at its next regular meeting.

FISCAL IMPACT
The notice of intent does not have any fiscal impact. A future recommended action to amend the FY 2024-25 Solid Waste Fund budget will include an increase in both the revenue and expenditure budgets of the fund.

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 Guidelines section 15378.

Date: May 13, 2025
Subject: NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024-25 SOLID WASTE FUND BUDGET TO ACCEPT TWO CALRECYCLE GRANTS: THE USED OIL PAYMENT PROGRAM GRANT IN THE AMOUNT OF $17,156 AND THE BEVERAGE

CONTAINER RECYCLING CITY-COUNTY PAYMENT PROGRAM GRANT IN THE AMOUNT OF $30,561 (Step 1 of 2)

Page 2 ends

ATTACHMENTS
None

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

CONSENT CALENDAR 8.L.

DATE: May 13, 2025
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: PROVIDE NOTICE OF INTENT TO AMEND THE FY 2024-25 MARINA FUND AND STATE

LAND FUND BUDGETS TO ALLOCATE FUNDS TO COVER THE MARINA FUND OPERATING SHORTFALL (STEP 1 of 2)

RECOMMENDATION
Provide Notice of Intent to amend the FY 2024-25 Marina Fund and State Lands Fund budgets.

REASONS FOR RECOMMENDATION
A budget amendment is necessary to ensure that the Marina Fund has adequate resources to cover essential expenditures for the remainder of the fiscal year. Staff have identified State Lands Fund budget available that can be reallocated to cover the Marina Fund shortfall. Per City Charter Section 703, amending the budget requires public notice of intent prior to any action taken. A staff report recommending amendment of the budget will be presented to City Council at the next regularly scheduled City Council meeting.

BACKGROUND AND DISCUSSION
The Vallejo Municipal Marina, one of the largest marinas in the San Francisco Bay Area, has served the community since its opening in 1965. It consists of two distinct basins: the North Basin and the South Basin.

The North Basin features the original wooden docks built in 1965 and houses both the fuel dock and guest dock. In contrast, the South Basin was added in 1994 and is constructed with a more modern concrete docking system.

On May 25, 2021, the Vallejo City Council authorized the City Manager to enter into a five-year agreement with Founders 3 Real Estate Services (F3) to manage the Marina. Under this agreement, F3 oversees the Marina’s daily operations, including tenant and visitor relations, marketing, maintenance, and financial transactions such as accounts payable and receivable.

Originally intended to be self-sustaining, the Marina Fund relies primarily on user fees and other revenue- generating activities. However, ongoing silt buildup and the lack of regular dredging have significantly impacted berth availability and the amount of rental income received. Additionally, while accounts receivables are tracking just below original forecasts for the fiscal year, the rate at which these receivables are being received by the City has slowed. As a result, there is a shortfall in cash flow. To ensure the Marina can meet essential operating expenses through the end of the fiscal year, a budget amendment is required.

In Fiscal Year 2023-24, $600,000 from the State Lands Fund (Fund 134) was allocated to Project PWC112:

Roof Repairs/Replacement for the repair of the roof at 23 Harbor Way—a City-owned property under lease and occupied by Zio Fraedo’s. Recent bids for the roof project came in under budget, allowing for the reallocation of these funds. Staff is recommending that funds from the State Lands Fund (Fund 134) in the amount of $260,000 be transferred from Project PWC112 to the Marina Fund (Fund 415) to help offset the

Date: May 13, 2025
Subject: PROVIDE NOTICE OF INTENT TO AMEND THE FY 2024-25 MARINA FUND AND

STATE LAND FUND BUDGETS TO ALLOCATE FUNDS TO COVER THE MARINA FUND OPERATING SHORTFALL (STEP 1 of 2)

Page 2 ends

Marina Fund shortfall. This would require City Council approval. Using State Lands funds to cover Marina operating expenses is an appropriate and authorized use of the funds.

Without consistent and adequate dredging, the Marina will continue to struggle to achieve financial self- sufficiency. Securing funding for a comprehensive dredging project remains critical to reversing revenue losses and restoring long-term sustainability.

FISCAL IMPACT
The notice of intent does not have any fiscal impact. A future recommended action to amend the FY 2024-25 Marina Fund and State Lands Fund budgets will be presented at the next Council meeting.

ATTACHMENTS
None

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

CONSENT CALENDAR 8.M.

DATE: May 13, 2025
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
Jason Ta, Chief of Police
SUBJECT: PROVIDE NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024–2025 BUDGET IN THE AMOUNT OF $650,958 OF OPIOID LITIGATION FUND BALANCE: $310,000TO PROVIDE CONTINUED SUPPORT TO THE IHART PROGRAM; AND $340,958 TO

PROVIDE OPERATIONAL FUNDING FOR THE VALLEJO HOMELESS NAVIGATION CENTER (STEP 1 OF 2)

RECOMMENDATION
Provide notice of intent to amend the Fiscal Year 2024-2025 Budget in the amount of $650,958 in Opioid Litigation Fund-Balance: $310,0000 to provide continued support of the IHART Program; and $340,9484 to provide operational funding for the Vallejo Homeless Navigation Center (Step 1 of 2)

REASONS FOR RECOMMENDATION
Public Safety and Addressing Housing/Unhoused are two of the City of Vallejo’s priority areas. Providing additional funding to support and extend the operations of the IHART program supports efforts of increasing public safety while providing operational funding for the Vallejo Homeless Navigation Center supports the area of addressing housing/unhoused. A two-step budget process is required to amend the budget to appropriate the $650,985 in funding from the Opioid Litigation Funds fund balance.

BACKGROUND AND DISCUSSION
The State of California joined national lawsuits against manufacturers, distributors, and other entities responsible for aiding the opioid epidemic and anticipates receiving funds from several opioid judgments.

Monies from settlements and bankruptcies are provided to states, cities, and counties through different Fund Accounts pursuant to the relevant National Opioid Settlement Agreements, National Mallinckrodt Bankruptcy Plan, and Endo Public Opioid Trust Agreement. California elected to distribute the majority of Mallinckrodt and Endo funds to participating cities and counties for opioid remediation activities at the local level.

The use of those opioid litigation funds is highly restricted and funds must be used for opioid remediation purposes (attached). Additionally, the State of California requires that at least 50% of opioid funding be used toward "High Impact Abatement Activities (HIAA)":

High Impact Abatement Activities (HIAA)
No. Activity
1 Provision of matching funds of operating costs of substance use disorder (SUD) facilities within the Behavioral Health Continuum Infrastructure Program (BHCIP) 2 Creating new or expanded SUD treatment infrastructure 3 Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD 4 Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction

Date: May 13, 2025
Subject: PROVIDE NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024–2025 BUDGET IN THE AMOUNT OF $650,958 OF OPIOID LITIGATION FUND BALANCE: $310,000TO PROVIDE CONTINUED SUPPORT TO THE IHART PROGRAM; AND $340,958 TO

PROVIDE OPERATIONAL FUNDING FOR THE VALLEJO HOMELESS
NAVIGATION CENTER (STEP 1 OF 2)

Page 2 ends

5 Interventions to prevent drug addiction in vulnerable youth 6 The purchase of naloxone for local entities including for distribution efforts to expand access to naloxone for opioid overdose reversals

The City of Vallejo to date has received $1,293,818.94 through the opioid fund accounts. The City receives annual allocations of funding based on the specific settlement agreements with the drug manufacturing companies and distributing companies. It is currently anticipated that these annual allocations over the next several years will be roughly $200,000 per year. Funding is distributed to the State, counties and cities as lawsuits settle, so it is anticipated that the City of Vallejo will receive future funding, however the total amount is not yet known. Staff will come to Council as future funding is received to recommend appropriation to appropriate projects.

Staff are requesting that the $650,958 of the funds currently received by the City be used to support the continuation of the Integrated Health and Resource Team (IHART) and operations of the Vallejo Homeless Navigation Center (Navigation Center).

IHART Request: $310,000
As part of the City's continued outreach to aid our most vulnerable populations, the IHART program provides trauma-informed mobile crisis response and linkages and hand-offs to additional services, including substance abuse disorder providers. Therefore, the City's IHART program fulfills HIAA items #3 and #4 through their work with disadvantaged groups, including those experiencing homelessness, and by responding to crisis calls and diverting individuals toward treatment services.

The $310,000 in Opioid Funding would fund the current IHART contract through the end of Fiscal Year 2024- 25, and would supplement the grant funding received by VPD for the IHART program.

Navigation Center Request: $340,958
The Navigation Center is a 125-bed shelter that will be a “one-stop-shop” that will provide services and shelter critical to helping address homelessness. The center will provide individual case management, connecting people to social and medical services including substance use disorder programs. Participants will have access to job training and assistance in becoming prepared to secure and sustain permanent housing. The Navigation Center's services fulfill HIAA items #3 and #4.

The City currently has $6.3M secured from our healthcare partners (Kaiser Permanente, Sutter Health, and NorthBay Health) to be used towards the operations of the Navigation Center. The secured funding was originally intended to be used to cover 2 years of operations at roughly $3M per year. As the contract for the operator has been negotiated and is coming to completion, the operational costs have come in higher than anticipated and will be closer to $7.1M for two years of operation. Staff are looking to secure additional funding for the operations of the Navigation Center to have a minimum of 2 years of operations funding fully secured. If approved, the additional $340,958 will lower the 2 year operations funding gap to approximately $320,000.

The City has HOME APR funding through the Housing and Community Development Department that can be used towards the operations of the Navigation Center. Staff plans to bring forward a request to allocate HOME ARP funds to the operations of Navigation Center at a future meeting for Council’s consideration after the item goes to the Housing and Community Development Commission.

The agreement for the operations of the Navigation Center and the selected operator will be coming to Council Date: May 13, 2025
Subject: PROVIDE NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2024–2025 BUDGET IN THE AMOUNT OF $650,958 OF OPIOID LITIGATION FUND BALANCE: $310,000TO PROVIDE CONTINUED SUPPORT TO THE IHART PROGRAM; AND $340,958 TO

PROVIDE OPERATIONAL FUNDING FOR THE VALLEJO HOMELESS
NAVIGATION CENTER (STEP 1 OF 2)

Page 3 ends

for review and possible approval at the May 27th Council Meeting.

According to the 2024 Point in Time (PIT) Count there are 1,725 unhoused individuals in Solano County, with 682 residing in Vallejo. The report further details that of the 1,725 County-wide unhoused population, 39.3% of the individuals self-reported substance use. With nearly 40% of the population reporting substance use, there is a high likelihood that the many individuals being supported by the IHART program or Navigation Center will have substance use disorders and benefiting from the services provided.

FISCAL IMPACT
Staff is providing notice of intent to Amend the Fiscal Year 2024-2025 Budget in the amount of $650,958 from the Opioid Litigation Funds with $310,000 to be used towards the IHART program, and $340,958 towards the operation of the Navigation Center. Staff be will back at the May 27, 2025 Council Meeting to complete the second step of this two-step process

ATTACHMENTS

1. CA-OSF-Allowable-Expenses

CONTACT
Jason Ackley, Assistant to the City Manager
[email protected]

September 2023 | 1

CALIFORNIA OPIOID SETTLEMENTS
Allowable Expenditures

On July 21, 2021, California Attorney General Rob Bonta announced the final settlement
agreements w ith prescription opioid manufacturer Janssen Pharmaceuticals and pharmaceutical distributors McKesson, Cardinal Health, and AmerisourceBergen (the Distributors). These were the first of several opioid settlements that will provide substantial funds for the remediation of the opioid crisis in California.

This document is intended to provide guidance for California’s cities and counties (otherwise known as Participating Subdivisions) that receive funds from the California Abatement Accounts Fund through current and future California Opioid Settlements. 1 This resource includes three sections:
» Section 1: Use of California (CA) Abatement Accounts Fund » Section 2: High Impact Abatement Activities (HIAA)
» Section 3: List of Opioid Remediation Uses (Exhibit E) – Core Strategies and Approved Uses

Questions about the applicability of strategies to expend funds received from the CA Abatement Accounts Fund can be directed to DHCS at [email protected].

1 Opioid settlements in this instance refers to final and proposed agreements between the State of California and opioid distributors and manufacturers: Janssen Pharmaceuticals and Johnson & Johnson (collectively “Janssen”); McKesson, Cardinal Health, and AmerisourceBergen (collectively, Distributors); Teva; Allergan; and pharmacies Walgreens, Walmart, and CVS (collectively, The Pharmacies), as well as any future opioid settlement agreements which follow the structure of these agreements.

September 2023 | 2

Section 1: Use of California (CA) Abatement Accounts
Fund
Funds from the California Opioid Settlements are intended to support opioid remediation activities. As defined in the National Opioid Settlement Agreements, opioid remediation is the “care, treatment, and other programs and expenditures designed to (1) address the misuse and abuse of opioid products, (2) treat or mitigate opioid use or related disorders, or (3) mitigate other alleged effects of, including on those injured as a result of, the opioid crisis.”

Pursuant to the California State-Subdivision Agreements, funds from the CA Abatement Accounts Fund must be used for opioid remediation activities in one or more of the areas described in Exhibit E
of the National Opioid Settlement Agreements. Section 3 of this document provides a copy of Exhibit E, which is divided into Schedule A and Schedule B strategies. Schedule A provides a list of core opioid remediation strategies identified through the National Opioid Settlements, while Schedule B provides a list of additional opioid remediation strategies identified through the settlements.

Pursuant to the National Opioid Settlement Agreements, funds from the CA Abatement Accounts Fund may also be used to support reasonable related administrative expenses for opioid remediation activities.

Section 2: High Impact Abatement Activities (HIAA)
California state officials, in partnership with counsel representing cities and counties, have agreed on a list of opioid remediation activities to prioritize within the State of California. These priorities, referred to as High Impact Abatement Activities (HIAA), can be found in the respective California State-Subdivision Agreements. Many of the activities listed in Exhibit E of the National Opioid Settlement Agreements can qualify as HIAA, depending on their focus.

Pursuant to the California State-Subdivision Agreements, no less than fifty percent (50%) of the funds received by a Participating Subdivision in each calendar year from the CA Abatement Accounts Fund will be used for one or more of the HIAA listed below:

September 2023 | 3

Table 1: High Impact Abatement Activities (HIAA)
No. Activity
1 Provision of matching funds or operating costs for substance use disorder (SUD) facilities within the Behavioral Health Continuum Infrastructure Program (BHCIP) 2 Creating new or expanded SUD treatment infrastructure2 3 Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD
4 Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction 5 Interventions to prevent drug addiction in vulnerable youth 6 The purchase of naloxone for local entities including for distribution and efforts to expand access to naloxone for opioid overdose reversals.

Section 3: List of Opioid Remediation Uses – Core
Strategies and Approved Uses
Participating Subdivisions shall choose from among the opioid remediation strategies listed in “Approved Uses” (Schedule B) of Exhibit E, which are listed below. However, priority should be given to the following core opioid remediation strategies (“Core Strategies” (Schedule A)).

Pursuant to the National Opioid Settlement Agreements, words like “expand,” “fund,” or “provide” shall not indicate a preference for new or existing programs.

2 May include cost overrun for BHCIP programs as needed.

September 2023 | 4

Core Strategies (Schedule A)
A. Naloxone or Other FDA-Approved Drug to Reverse Opioid Overdoses

1. Expand training for first responders, schools, community support groups and families; and

2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.

B. Medication-Assisted Treatment (MAT) Distribution and Other Opioid- Related Treatment

1. Increase distribution of MAT to individuals who are uninsured or whose insurance does not cover the needed service;

2. Provide education to school-based and youth-focused programs that discourage or prevent misuse;

3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and

4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.

C. Pregnant and Postpartum Women

1. Expand Screening, Brief Intervention, and Referral to Treatment (SBIRT) services to non-Medi-Cal eligible or uninsured pregnant women;

2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder (OUD) and other SUD/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and

3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job placement/training, and childcare.

D. Expanding Treatment for Neonatal Abstinence Syndrome (NAS)

1. Expand comprehensive evidence-based and recovery support for NAS babies;

2. Expand services for better continuum of care with infant-need dyad; and

3. Expand long-term treatment and services for medical monitoring of NAS babies and their families.

September 2023 | 5

E. Expansion Of Warm Hand-Off Programs and Recovery Services

1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;

2. Expand warm hand-off services to transition to recovery services;

3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;

4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job placement/training, and childcare; and

5. Hire additional social workers or other behavioral health workers to facilitate expansions above.

F. Treatment for Incarcerated Population

1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and

2. Increase funding for jails to provide treatment to inmates with OUD.

G. Prevention Programs

1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco);

2. Funding for evidence-based prevention programs in schools;

3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing);

4. Funding for community drug disposal programs; and

5. Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports.

H. Expanding Syringe Service Programs

1. Provide comprehensive syringe services programs with more wrap- around services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.

September 2023 | 6

I. Evidence-Based Data Collection and Research Analyzing the Effectiveness of the Abatement Strategies Within the State

Approved Uses (Schedule B)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder (SUD) or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

Part I: Treatment
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of OUD and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:

1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of MAT approved by the U.S. Food and Drug Administration.

2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions.

3. Expand telehealth to increase access to treatment for OUD and any co- occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.

4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.

5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose.

6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma.

September 2023 | 7

7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions.

8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including tele-mentoring to assist community-based providers in rural or underserved areas.

9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions.

10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.

11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.

12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.

13. Disseminate of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service– Opioids web-based training curriculum and motivational interviewing.

14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment.

B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:

1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.

2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services.

September 2023 | 8

3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.

4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services.

5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.

6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions.

7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.

8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.

9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.

10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.

11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.

12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.

13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.

14. Create and/or support recovery high schools.

15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.

September 2023 | 9

C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have — or are at risk of developing — OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.

2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.

3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.

4. Purchase automated versions of SBIRT and support ongoing costs of the technology.

5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.

6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.

7. Support hospital programs that transition persons with OUD and any co- occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.

8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co- occurring SUD/MH conditions or persons that have experienced an opioid overdose.

9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid- related adverse event.

September 2023 | 10

10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose.

11. Expand warm hand-off services to transition to recovery services.

12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.

13. Develop and support best practices on addressing OUD in the workplace

14. Support assistance programs for health care providers with OUD.

15. Engage non-profits and the faith community as a system to support outreach for treatment.

16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co- occurring SUD/MH conditions.

D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:

1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);

2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;

3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;

4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;
September 2023 | 11

5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or

6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.

2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.

3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions.

4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison.

5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities.

6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.

7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section.

E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR

FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co- occurring SUD/MH conditions, and the needs of their families, including babies with NAS, through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

September 2023 | 12

1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.

2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.

3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUD/MH conditions.

4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant- need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.

5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care.

6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions.

7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions.

8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.

9. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training.

10. Provide support for Children’s Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.

S eptember 2023 | 13
Part II: Prevention
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING

AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).

2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.

3. Continuing Medical Education (CME) on appropriate prescribing of opioids.

4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.

5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:
i. Increase the number of prescribers using PDMPs;
ii. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or
iii. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.

6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.

7. Increasing electronic prescribing to prevent diversion or forgery.

8. Educating dispensers on appropriate opioid dispensing.

September 2023 | 14

G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence- based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding media campaigns to prevent opioid misuse.

2. Corrective advertising or affirmative public education campaigns based on evidence.

3. Public education relating to drug disposal.

4. Drug take-back disposal or destruction programs.

5. Funding community anti-drug coalitions that engage in drug prevention efforts.

6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).

7. Engaging non-profits and faith-based communities as systems to support prevention.

8. Funding evidence-based prevention programs in schools or evidence- informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent- teacher and student associations, and others.

9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.

10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co- occurring SUD/MH conditions.

11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.

12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health September 2023 | 15

needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.

H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.

2. Public health entities providing free naloxone to anyone in the community.

3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.

4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.

5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.

6. Public education relating to emergency responses to overdoses.

7. Public education relating to immunity and Good Samaritan laws.

8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.

9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.

10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.

11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co- occurring SUD/MH conditions.

September 2023 | 16

12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions.

13. Supporting screening for fentanyl in routine clinical toxicology testing.

Part III: Other Strategies
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:

1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.

2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid- related emergency events.

J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:

1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.

3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH September 2023 | 17

conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

4. Provide resources to staff government oversight and management of opioid abatement programs.

K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:

1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.

2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.).

L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:

1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.

2. Research non-opioid treatment of chronic pain.

3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.

4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.

5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.

6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).

September 2023 | 18

7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.

8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.

9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes.

CONSENT CALENDAR 8.N.

DATE: May 13, 2025
TO: Mayor and Members of the City Council
FROM: Andrew Murray, City Manager
Shelee Loughmiller, Community and Volunteer Coordinator SUBJECT: CONSIDER AND ADOPT A RESOLUTION AUTHORIZING THE DISPLAY OF TWO CITY

COMMEMORATIVE FLAGS (JUNETEENTH AND PRIDE FLAGS)

RECOMMENDATION
Consider and adopt a resolution authorizing City staff to display the Juneteenth and Pride commemorative flags at City facilities for the dates specified.

REASONS FOR RECOMMENDATION
Per the Administrative Policy establishing guidelines for the display of flags at City Facilities, City Council approval is needed for commemorative flags to be flown at City Hall.

BACKGROUND AND DISCUSSION
At the January 26, 2021 City Council meeting, an Administrative Rule regarding the display of flags at City facilities was authorized by the City Council. The Administrative Rule requires the adoption of a resolution to authorize the display of commemorative flags at City facilities for a limited duration. Per the Rule, these displays are limited to two locations: City Hall and Martin Luther King Jr. Park/Marina Vista.

This year, the community indicated its interest in having the City display the following flags:

1. The African-American Family Reunion Committee recommends the display of the Juneteenth flag for the month of June 2025 (MLK Park).

2. Representatives of the Vallejo Gay Network and the Stonewall Democratic Club of Solano County recommend the City display a Pride Flag for the month of June 2025 (City Hall).

FISCAL IMPACT
There is no fiscal impact associated with the approval of this item.

ATTACHMENTS

1. Reso Authorizing Display of commemorative Flags CAO stamp

CONTACT

Date: May 13, 2025
Subject: CONSIDER AND ADOPT A RESOLUTION AUTHORIZING THE DISPLAY OF TWO

CITY COMMEMORATIVE FLAGS (JUNETEENTH AND PRIDE FLAGS)

Page 2 ends

Shelee Loughmiller, Community and Volunteer Coordinator (707) 648-8616 [email protected]

RESOLUTION NO. 25-_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

AUTHORIZING CITY STAFF TO DISPLAY CITY COMMEMORATIVE FLAGS FOR

JUNETEENTH AND PRIDE
WHEREAS, on January 26, 2021, the City Council adopted an administrative rule governing the display of City commemorative flags on City-owned flag poles; and WHEREAS, the adopted administrative rule requires adoption of a resolution by the City Council to authorize the display of City commemorative flags; and WHEREAS, per the administrative rule, display of such commemorative flags is limited to the flag poles at City Hall and Martin Luther King Jr. Park/Marina Vista; and WHEREAS, the City Council desires to express City support for Juneteenth and Pride by the display of commemorative flags; and
WHEREAS, the African American Family Reunion Committee and the Vallejo Gay Network and Stonewall Democratic Club of Solano County have recommended the display of the commemorative flags commensurate with their communications sent to the City; and
WHEREAS, the City Council desires that City staff display the flags as set forth below.

NOW THEREFORE, BE IT RESOLVED that the City Council hereby directs and authorizes the City Manager, consistent with the administrative rule governing the display of City commemorative flags on City flag poles, to display the following commemorative flags on the following dates:

1. Juneteenth Month of June 2025 (MLK Park)

2. Pride Month of June 2025 (City Hall)

PASSED AND ADOPTED by the City Council of the City of Vallejo at a regular meeting thereof held on May 13, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Andrea Sorce
ATTEST:

Dawn Abrahamson, City Clerk
CONSENT CALENDAR 8.O.

DATE: May 13, 2025
TO: Mayor and Members of the City Council
FROM: Erik Rzomp, Executive Assistant to Mayor Sorce
SUBJECT: APPROVE A PROCLAMATION BY MOTION DECLARING MAY 2025 AS TOURISM

MONTH, FOR PRESENTATION AT THE VISIT VALLEJO ANNUAL TOURISM

LUNCHEON AND BOARD INSTALLATION

RECOMMENDATION
Approve a proclamation by motion declaring May 2025 as Tourism Month.

REASONS FOR RECOMMENDATION
Tourism is the second largest employer in Vallejo. The proclamation calls attention to the importance of tourism to the local economy. The City of Vallejo has recognized Tourism Month in the past.

BACKGROUND AND DISCUSSION
Visit Vallejo requested that the City Council issue a proclamation declaring May 2025 as Tourism Month. Visit Vallejo would like to have the proclamation presented at Visit Vallejo's 32nd Annual Tourism Luncheon and Board Installation on Wednesday, May 28, 2025.

In 2016, the California Legislature passed a bipartisan resolution declaring May as California Tourism Month — spotlighting tourism’s role as a key economic driver for the Golden State. Travel is ingrained in the State’s very identity, and its economic and cultural benefits are undeniable.

On April 10, 2025, State Assemblymember Christopher Ward of San Diego introduced a bill to declare May 2025 as California Tourism Month. The Assembly Committee on Arts, Entertainment, Sports, and Tourism voted to adopt the Bill.

The granting of this proclamation is in accordance with City of Vallejo policy and is in alignment with the pending State proclamation.

FISCAL IMPACT
None.

ATTACHMENTS

1. 05132025Proclamation Recognizing May 2025 as Tourism Month

CONTACT

Date: May 13, 2025
Subject: APPROVE A PROCLAMATION BY MOTION DECLARING MAY 2025 AS TOURISM

MONTH, FOR PRESENTATION AT THE VISIT VALLEJO ANNUAL TOURISM

LUNCHEON AND BOARD INSTALLATION

Page 2 ends

Erik Rzomp, Executive Assistant to Mayor Andrea Sorce (707) 648-4377 [email protected]

PROCLAMATION
DECLARING MAY 2025 AS TOURISM MONTH
WHEREAS, National Tourism Week was established in 1983 when the United States Congress passed a joint resolution proclaiming the first full week of May as National Travel and Tourism Week, designed to promote public awareness of the powerful economic, social, and cultural importance of travel and tourism; and WHEREAS, May 4-10, 2025, marks the 42nd anniversary of National Travel and Tourism Week celebrating the industry’s critical role in powering economies, communities, and connections. Travel is integral to every industry an everything we do; and
WHEREAS, travel to and within the United States provides significant economic benefits for the nation; and WHEREAS, the travel and tourism industry ranks as one of the largest employers in the United States and is the second largest employer in the City of Vallejo; and
WHEREAS, the travel and tourism industry in Vallejo is vital to our economic stability and growth, while promoting understanding and appreciation of Vallejo's history, geography and culture; and WHEREAS, travel contributes to personal growth, health, professional advancement, education, cultural understanding, and the positive enhancement of Vallejo's image; and WHEREAS, travel can serve as a catalyst to help move the Vallejo economy forward.

NOW, THEREFORE, BE IT PROCLAIMED, that I, Andrea Source, Mayor of the City of Vallejo, and the Vallejo City Council, do hereby declare the month of May 2025 as Tourism Month and call upon the residents of Vallejo to visit and enjoy the many sites, events and activities the City, the State, the Nation and the world have to offer.

Dated: May 13, 2025
________________________________________

ANDREA SORCE, MAYOR
Vice Mayor Peter Bregenzer, District 5
Council Member Helen-Marie Gordon, District 6
Council Member Tonia Lediju, District 3
Council Member Alexander Matias, District 1
Council Member Diosdado ‘JR’ Matulac, District 2
Council Member Charles Palmares, District 4

ACTION ITEM 9.A.

DATE: May 13, 2025
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, P.E., Public Works Director
SUBJECT: ADOPT A RESOLUTION AWARDING A LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR REGION 1 (NORTH VALLEJO - NEAR SIX FLAGS) TO NEW

LANDSCAPE COMPANY OF FREMONT, CALIFORNIA, FOR A MAXIMUM NOT TO EXCEED AMOUNT OF $1,217,801 AND REJECTING ALL OTHER BIDS

RECOMMENDATION
Adopt a resolution awarding a Landscape Maintenance Services Contract for Region 1 (North Vallejo - near Six Flags) to New Image Landscape Company for a maximum not to exceed amount of $1,217,801 and rejecting all other bids.

REASONS FOR RECOMMENDATION
Landscape maintenance services will continue to be required in Region 1 of the LMDs. The term of the previous landscape maintenance contract for this region will expire June 30, 2025. Approval of this contract will provide needed landscape maintenance services for an initial term of one-year, with the option to extend for up to four additional one-year periods with an annual maximum CPI adjustment of 3% included.

BACKGROUND AND DISCUSSION
The City of Vallejo has 27 Landscape Maintenance Districts (LMD), which were formed in accordance with the Improvement Act of 1911, the City of Vallejo Municipal Code, the Landscape and Lighting Act of 1972, and Proposition 218. For contracting purposes, many of these districts have been organized into regions.

Establishment of these regions was intended to consolidate various LMDs into groups that were expected to result in a more efficient and cost-effective execution of the maintenance activities required in each LMD.

The following are the LMDs in Region 1:
• 163 – Sandpiper
• 165 – Town & Country I
• 170 – Carriage Oaks
• 171 – Cimarron Hills
• 172 – Springtree
• 175 – College Hills
• 184 - Town & Country II-V
• 186 – Marine World
• 187 – Marin View

Plans and Specifications were prepared and completed by City Staff and the project was advertised starting on February 20, 2025. On March 13, 2025, sealed bids were opened and read publicly by the Deputy City Clerk. The results of the bids for the subject project were as follows:

Region 1:

Date: May 13, 2025
Subject: ADOPT A RESOLUTION AWARDING A LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR REGION 1 (NORTH VALLEJO - NEAR SIX FLAGS) TO NEW

LANDSCAPE COMPANY OF FREMONT, CALIFORNIA, FOR A MAXIMUM NOT TO EXCEED AMOUNT OF $1,217,801 AND REJECTING ALL OTHER BIDS

Page 2 ends

1 New Image Landscape Company $172,872
2 North Bay Landscape Management, Inc. $185,004
3 Priority Landscape Services, LLC $230,400

The apparent lowest responsive bidder for Region 1 is New Image Landscape Company, in the amount of $172,872 for one year of monthly maintenance services. All submitted bid documents appear to be complete, in order, and satisfy the requirements of the specification as advertised.

The contract will span one year, with the option for four one-year extensions. It includes a maximum 3% increase based on the Consumer Price Index (CPI) and allows for change orders or additional services up to $60,000 per contract year. Over the past five years, change orders have ranged from approximately $34,000 to $50,000. Staff recommends awarding the contract for Region 1 to New Image Landscape Company for a total not to exceed $1,217,801 over its duration.

Year 1 Year 2* (If
extended)
Year 3* (if
extended)
Year 4* (if
extended)
Year 5* (if
extended)
Total 5 years
(contract life)
Region 1 Base Contract $172,872 $178,058 $183,400 $188,902 $194,569 $917,801 POTENTIAL rehab
maintenance/additional
work
$60,000 $60,000 $60,000 $60,000 $60,000 $300,000
Totals (Annual+
potential rehab)
$232,872 $238,058 $243,400 $248,902 $254,569 $1,217,801 *Estimated using 3% CPI Increase per FY

FISCAL IMPACT
There is no impact to the General Fund with the approval of this item.

Costs for the landscape maintenance services in Region 1 LMDs are funded through assessments of the property owners within the region. Assessments received from each LMD are only expended in the LMD from which these funds are collected. The annual landscape maintenance costs for each specific LMD region are within their overall approved budgets.

ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(h) because it authorizes the maintenance of existing landscaping.

ATTACHMENTS

1. RESO Award Region 1_CAO Stamp

2. Region 1 - New Image- Annual Landscape Maintenance Services Contract_CAO Stamp

Date: May 13, 2025
Subject: ADOPT A RESOLUTION AWARDING A LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR REGION 1 (NORTH VALLEJO - NEAR SIX FLAGS) TO NEW

LANDSCAPE COMPANY OF FREMONT, CALIFORNIA, FOR A MAXIMUM NOT TO EXCEED AMOUNT OF $1,217,801 AND REJECTING ALL OTHER BIDS

Page 3 ends

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

RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AWARDING A LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR REGION 1 TO NEW IMAGE LANDSCAPE COMPANY OF FREMONT, CALIFORNIA, FOR A MAXIMUM NOT TO EXCEED AMOUNT OF $1,217,801 AND REJECTING

ALL OTHER BIDS
WHEREAS, the City of Vallejo has 27 Landscape Maintenance Districts (LMDs) which, for contracting purposes, have been organized into regions, with Region 1 containing Sandpiper, Town & Country I, Carriage Oaks, Cimarron Hills, Springtree, College Hills, Town & Country II-V, Marine World, and Marin View; and WHEREAS, on February 20, 2025, the City of Vallejo advertised the Annual Landscape Maintenance Services Contract for Region 1 (the “Contract”) and on March 13, 2025, publicly opened bids; and WHEREAS, New Image Landscape Company, a California corporation, submitted the lowest responsive bid in the amount of $172,872 for one year of regular monthly maintenance; and WHEREAS, the Contract has a term of one year and allows the City to exercise up to four one- (1-) year extensions with an annual maximum CPI adjustment of 3% for a maximum not-to-exceed amount of $1,217,801 over five years should all extensions be exercised; and WHEREAS, there is adequate funding to award the Contract for up to a five-year term.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo that an invitation for bids was duly advertised.

BE IT FURTHER RESOLVED by the City Council of the City of Vallejo that New Image Landscape Company, of Fremont, California is determined to be the lowest responsive bidder and is hereby awarded the Contract for Region 1 for a maximum not-to-exceed amount of $1,217,801 for up to five years, and said Contract is awarded to said low bidder at the prices bid.

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

Region 1:

North Bay Landscape Management, Inc. $185,004
Priority Landscape Services LLC $230,400
are hereby deemed rejected upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Contract between the City of Vallejo and New Image Landscape Company, of Fremont, CA, with any modifications recommended by City Attorney, and the City Clerk to attest the signing of the Contract.

Adopted by the City Council of the City of Vallejo at a regular meeting held on May 13, 2025, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________

ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

CONTRACT
FOR
REGION 1- ANNUAL LANDSCAPE MAINTENANCE SERVICES
THIS CONTRACT (“Contract”) made and concluded in duplicate this 1st day of July, 2025, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, acting by and through its City Council, hereinafter called City, and New Image Landscape Company, a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

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

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

1. Scope of Work. The work to be done is shown in Exhibit A, entitled “Plans and Specifications,” which is incorporated herein by this reference.

The Contractor shall provide all labor, tools, and materials to do the work according to the

terms and conditions specified herein and as provided for and set forth in said plans, specifications, and any addendum that may be issued prior to the date of bid, or in either of them, which said plans and specifications are hereby referred to by such reference, incorporated herein, and made a part of this Contract.

The following documents shall constitute the Contract Documents:
(a) This Contract, including Exhibits A, B, and C;
(b) Contractor’s accepted Proposal;
(c) Change Orders, if approved;
(d) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2010 edition, Sections 10 through 95, all as modified herein;
(e) City of Vallejo Standard Specifications and Standard Drawings dated, December 20, 2011;
(f) Vallejo Flood & Wastewater District Engineering Design Standard, dated July 2020, and Engineering Standard Details, dated July 2020; and (g) Any other documents identified as such in the Contract Documents.

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

The said Contractor agrees to receive and accept the prices set forth in the proposal in the annual amount of $172,872.00 with an annual maximum adjustment of 3% as measured by the Consumer Price Index for All Urban Consumers for the San Francisco- Oakland-Hayward area over the previous 12-month period for each subsequent year that is extended for a maximum not to exceed One Million Two Hundred Seventeen Thousand Eight Hundred One Dollars and Zero Cents ($1,217,801.00) over five years as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them.

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

Pursuant to Section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City Clerk, City of Vallejo, City Hall, 555 Santa Clara Street, Vallejo, California CA. Those copies shall be made available to any interested party upon 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 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 Exhibit B, entitled “Compensation”, in accordance with all of the terms and conditions of the Contract Documents.

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.

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

5. Term. The term of this Contract shall commence on July 1, 2025 and shall continue in full force and effect until June 30, 2026.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one (1) year, by written notice to Contractor. The total duration of this Agreement, including the exercise of any options under this section, shall not extend beyond June 30, 2029.

If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to affect such continued payment are not appropriated, Contractor agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

If any option is exercised by the City, an increase may be granted equal to the average percentage variant for the previous twelve (12) months in the Consumer Price Index for All Urban Consumers (CPI-U), calculated by the U.S. Department of Labor, Bureau of Labor Statistics (BLS) for the Consolidated Metropolitan Statistical Area (CMSA) covering San Francisco-Oakland-San Jose.

6. 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: Melissa Tigbao
Public Works Director
Public Works Department – LMD Region 1
555 Santa Clara Street
Vallejo, CA 94590
If to Contractor: Jeffrey Suzuki
General Manager
New Image Landscape Company
3250 Darby Common
Fremont, CA 94539
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.

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

Exhibit A, entitled “Plans and Specifications,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments

SIGNATURES ARE ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year shown below the name of each of the parties.

New Image Landscape Company,
a California corporation
By:

Jeffrey Suzuki
General Manager
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 CONTENT:

Melissa Tigbao, P.E.

Public Works Director
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager

EXHIBIT A

PLANS AND SPECIFICATIONS
SECTION A – DESCRIPTION OF PROJECT

1. Location: City of Vallejo

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

James Olson
Senior Landscape Inspector
Public Works Department
Engineering – LMD Region 1
555 Santa Clara Street
Vallejo, CA 94590
(707) 648-4315
[email protected]
The Contractor’s Representative for this Agreement is:

Jeffrey Suzuki
General Manager
New Image Landscape Company
3250 Darby Common
Fremont, CA 94539
510-226-9191
[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 Contractor Representative and City’s Representative.

SECTION B – GENERAL REQUIREMENTS

1. Definitions and Terms
A. Standard Specifications – The Standard Specifications of the State of California, Department of Transportation, Division of Highways, July 1995 edition. Any reference therein to a State Agency or officer shall be interpreted as the corresponding City office or officer acting under this contract with address at City Hall, Vallejo, California 94590.

B. City – The City of Vallejo.

C. City Council – The governing body of the City.

D. Landscape Maintenance Manager (LMM) – The City management staff or his/her authorized managing agent who shall represent the City during the term of the contract.

E. City Specifications – The City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition.

F. VFWD – Vallejo Flood and Wastewater District’s Standard Specification, March 2007.

G. Landscape Inspector (includes Sr. Landscape Inspector) – The authorized agent who may represent the Landscape Maintenance Manager.

H. Responsibility of Contractor, Hold Harmless & Indemnity Agreement – The Contractor shall take all responsibility including stewardship for the work and shall defend, indemnify, release and hold harmless the City, its officers, officials, directors, employees, agents and volunteers, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract of work regardless of responsibility for negligence (including costs and expenses, which include attorney’s fees, incurred in connection therewith) and from any and all claims, loss, damage, injury, and liability, howsoever the same may be cause, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence (including costs and expenses, which include attorney’s fees, incurred in connection therewith), but excluding liability due to the sole negligence or willful misconduct of the City.

The City, pursuant to this contract and indemnity agreement, may, at the time of preparing and certifying the final voucher, and as a condition of preparing and certifying the same, require the Contractor to continue his bond or any part thereof, as security against any such unsatisfied claims, for a time not exceeding the time when such claims would be legally barred.

Approval of the insurance contracts required does not relieve the Contractor or subcontractors from liability under this hold harmless and responsibility clause.

The provisions of this section shall survive the expiration or termination of the Contract and are not limited by any provisions relating to insurance.

2. Scope of Work
A. General – Attention is directed to the provisions of “Section D – Special Provisions” of Exhibit A of this Contract, as supplemented herein, for the requirements and conditions concerning the scope of the work.

B. Increased and Decreased Quantities – The quantities given in the proposal form and Contract are approximate only, being given as a basis for the comparison of bids. The City of Vallejo does not, expressly or by implication, agrees that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work. All items of work will be paid for at the respective prices negotiated for such work done and accepted by the City.

C. Hours of Work – Normal working hours are 7:00 AM to 5:00 PM, Monday through Friday, excluding holidays observed by the City. No work outside of the regular working hours shall be done unless previously requested by the Contractor in writing and approved by the City.

3. Legal Relations and Responsibility
A. Hours of Labor – The Contractor shall forfeit, as a penalty, to the City, Twenty-Five Dollars ($25.00) for each work-person employed in the execution of the contract by the Contractor or any subcontractor under him/her for each calendar day during which such work person is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of provisions of the Labor Code of the State of California, Section 1810 to Section 1815.

B. Public Convenience and Safety – Contractor shall furnish, install, and maintain all traffic warning and directional signs necessary to maintain the facility in a passable condition at all times as part of this bid. Traffic control shall meet the requirements of the latest State of California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. Submit documentation prior to the commencement of contract and prior to optional renewal years that assigned staff has received Traffic Control Training in accordance with the California Department of Transportation regulations. The Contractor may be required to submit a Traffic Control Plan for review and approval by the City at any time during the duration of this contract.

The Contractor shall designate in writing the name, address and telephone number of the employee to contact after working hours for the proper maintenance of traffic barriers and warning signs. Full compensation for furnishing all flag-persons necessary for the direction of public traffic either through or around the work shall be considered as included in the various contract items of work, and no additional compensation will be allowed therefore.

C. Damage to Private Property – Any damage to private property caused by the Contractor and adjudged to be the responsibility of the Contractor by the LMM shall be rectified to the satisfaction of the LMM within a reasonable time, depending on the extent of the damage. Said reasonable time shall be as determined by the LMM, and if the condition is not rectified, the LMM shall have the power and authority to rectify said damage and the cost thereof to be paid for by the Contractor, either by direct payment to the City of Vallejo, or by deducting said amount from moneys due the Contractor.

4. Prosecution and Progress
Attention is directed to the provisions of these Specifications, “Section D – Special Provisions,” for the requirements and conditions concerning the prosecution and progress of the work and the assignment of the Contract.

5. Permits and Code
A. The City will not waive required permit fees for this project. All other aspects of this "Permits and Code" section still apply. The Contractor shall give all notices required by and comply with all applicable laws, ordinances and codes of the City of Vallejo. All construction work and/or utility installations shall comply with all applicable ordinances and codes including all written waivers. Before installing any work, the Contractor shall examine the Drawings and Technical Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the City Landscape Inspector of the City of Vallejo. Where requirements of the Drawings and Technical Specifications fail to comply with such applicable ordinances and codes, the City of Vallejo will adjust the contract by Change Order to conform to such ordinances and codes (unless waivers in writing covering the differences have been granted by the governing body or department) and make appropriate adjustment in the contract price or stipulated unit prices.

Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility variance with any applicable ordinance or Code including any written waivers (notwithstanding the fact that such installation is in compliance with the Drawings and Technical Specifications) the Contractor shall remove such work without cost to the City and a Change Order will be issued to cover only the excess cost the Contractor would have been entitled to receive if the change had been made before the Contractor commenced work on the items involved.

B. The Contractor shall comply with applicable laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the project area and commit no trespass on any public or private property in any operation due to or connected with the improvements embraced in this contract.

6. Apprenticeship Requirements
California Labor Section 1777.5 requires in the employment of apprentices in public works contracts:

A. Only registered apprentices within a written agreement in an approved apprentice training program providing no less than two-thousand (2,000) hours of continuous employment and education are eligible for employment on public works (in compliance with Labor Section 3077).

B. A contractor is no longer required to submit Form DAS-7 but must submit award information to the local applicable joint apprenticeship committee.

The award information must include:

1. An estimate of the journeyman hours;

2. The number of apprentices to be employed; and

3. The approximate dates of apprentice employment.

C. The minimum statutory 1:5 hourly ratio of work stipulates that no less than one (1) hour of apprentice work for every five (5) hours of journeyman labor on any day of work. Any journeyman work performed beyond eight (8) hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio.

This section shall not apply to specialty contractors or general contractors whose contracts involve less than Thirty Thousand Dollars ($30,000.00) or twenty (20) working days.

The Division of Apprenticeship Standards may grant a certificate exempting the Contractor from the minimum 1:5 hourly ratio under any one of the following:

1. Unemployment exceeds an average of fifteen percent (15%) in the area for the previous three (3) month period;

2. The number of apprentices in training in such area exceeds a ratio of 1:5;

3. The apprentice able craft or trade is replacing at least one thirtieth of its journeymen annually through apprenticeship training, either locally or statewide;

4. The specific task would jeopardize the apprentice's life or public safety, or no training can be provided to an apprentice by a journeyman for the specific task.

D. Apprentices employed on public works projects can only be assigned to perform work of the craft or trade to which the apprentice is registered.

E. All contractors with employees in any apprentice able occupation, regardless of the actual employment of journeymen or apprentices for the awarded public work, must either contribute to the local training trust fund or to the Department of Industrial Relations, California Apprenticeship Council, P.O. Box 511283, Los Angeles, CA 90051-7838 (as set forth in Section 227).

F. All violations of Section 1777.5 shall pay a civil penalty of Fifty Dollars ($50.00) for each calendar day of noncompliance.

All willful violations of Section 1777.5 shall pay the Fifty Dollar ($50.00) fine for each calendar day of noncompliance and shall be denied the right to bid on, or to receive, any public works contract for a period of up to one year for the first violation and up to three (3) years for any additional violations.

Compliance disputes arising under Section 177.5 shall be adjudicated under Section 8 California Code of Regulations, Article 1.

G. Within five (5) days of a public works contract award, the awarding agency must send a copy of the award to the Division of Apprenticeship Standards under Section 1773.3.

Within five (5) days of finding any discrepancy regarding the hourly ratio of apprentices to journeymen, the awarding agency shall notify the Division of Apprenticeship Standards.

H. The Contractor shall be responsible for compliance for all apprentice able occupations within these sections.

7. Subcontracting
In accordance with the requirements of Sections 4100 and 4113, inclusive, of the Government Code, each bidder shall list in his proposal all the names and business address of each subcontractor to whom the bidder proposes to subcontract work and shall list. Each subcontractor licensed by the State of California and registered with the State of California Department of Industrial Relations. Said list shall include a description of the portion of the work which will be done by each subcontractor.

A sheet for listing the subcontractors is included herein.

8. Permits and Licenses
The California Environmental Quality Act of 1970 (Public Resource Code section 21100 et seq.) (“CEQA”), as amended, may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of this 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, the Contractor shall comply with the provisions of said permits, licenses, and other authorizations.

9. Statistical Testing
Moving average requirements are waived.

10. Highway Construction Equipment
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

Attention is directed to the statements in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his/her equipment and the protection of the public from injury and damage from such equipment.

11. Equipment Rental Rates
Unless otherwise negotiated, the Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the Department of Public Works, Division of Highway's publication entitled, "Equipment Rental Rates and General Prevailing Wage Rates," latest edition.

When work, other than work specifically designated as landscape maintenance in the plans and specifications, is to be paid for on a Force Account basis and the LMM determines that such contract change required the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the performance of the contract, the LMM may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions:

A. The LMM shall specifically approve the necessity for the use of particular equipment on such work.

B. The Contractor shall establish to the satisfaction of the LMM that such equipment cannot be obtained from his/her normal equipment source or sources and those of his/her subcontractors.

C. The Contractor shall establish to the satisfaction of the LMM that the proposed equipment rental rate for such equipment from his/her proposed source is reasonable and appropriate for the expected period of use.

D. The LMM shall approve the equipment source and the equipment rental rate to be paid by the City before the Contractor begins work involving the use of said equipment. All work originates within the City of Vallejo. The City will not pay for transportation or travel time.

12. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer.

No internal combustion engine shall be operated on the project without said muffler.

The noise level from the Contractor’s operations, between the hours of 9:00 PM and 7:00 AM shall not exceed fifty (50) D.B.A. and between the hours of 7:00 AM and 9:00 PM shall not exceed eighty (80) D.B.A. at a distance of fifty feet (50’).

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

13. Hazardous Waste in Excavation
If the Contractor encounters material in excavation which the Contractor has reason to believe may be hazardous waste as defined by Section 25117 of the Health and Safety Code, the Contractor shall immediately so notify the LMM in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the LMM authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor shall be granted an extension of time.

If such suspension delays the current controlling operation by more than two (2) working days, the delay shall be considered a right of way delay and the Contractor shall be compensated for such delay.

The City reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing hazardous material from such area.

SECTION C – WAGE AND EQUIPMENT RATES

1. Prevailing Wage Rates
In accordance with the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages applicable to the work to be done, and a current copy of said prevailing wages is on file with the City Clerk. Should the minimum Federal Wage Rate be higher than the rate determined by the Director of the Department of Industrial Relations, then the Federal Wage Rate Determination shall govern.

The successful bidder will be required to post a copy of these general prevailing rates of per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein.

In addition, the City Charter of the City of Vallejo requires that the Contractor and all his/her subcontractors shall pay their employees on said work a salary or wage at least equal to the prevailing salary or wage for work of similar character in the locality in which the public work is performed. The Contractor shall, as a penalty, forfeit to the City Fifty Dollars ($50.00) for each calendar day or portion thereof, for each employee paid less than the prevailing salary or wage for any public work done under the contract by him/her or any subcontractor under him/her.

The State Labor Code states that for violations of public works laws relating to payment of prevailing wages, the City of Vallejo will be required to withhold from any progress payments owed to a contractor any amounts that have been forfeited as penalties, or as wages owed to employees, who have not been paid the prevailing wage for work performed. Effective 01/01/93, the City is required to directly transfer all withheld wages and penalties to the Labor Commissioner for disbursement those cases where a contractor fails to bring a lawsuit for amounts withheld within ninety (90) days after the completion of the public works contract and formal acceptance of the job by the City.

Also, the Labor Commissioner is permitted to intervene in any lawsuit brought by the contractor against an awarding body for recovery of amounts withheld. In the event that the Contract does not prevail in the lawsuit to recover the amounts withheld, the wages and penalties will then be forwarded to the Labor Commissioner for disbursement in the manner previously described.

2. Payroll Records
In accordance with the provisions of Section 1776 of the Labor Code of the State of California, the Contractor shall keep an accurate payroll record, 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 the Contractor in connection with this project. Upon request of the City, this payroll record shall be certified and available for inspection at all reasonable hours at the principal office of the successful bidder and a certified copy shall be furnished within ten (10) days after receipt of a written request by the following parties:

A. An employee or his/her authorized representative
B. City’s representative
C. Representative of Labor Standard Enforcement and Division of Apprenticeship Standard of Department of Industrial Relations.

Any copy of the payroll record made available for inspection and furnished to the public through the above entities shall not disclose names, addresses or social security numbers of individual employees except the name and address of the Contractor.

In the event of non-compliance with the requirement of this subdivision, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notices from the State or City. If the non-compliance is still evident after the ten-day period, the Contractor shall, as a penalty, forfeit to the City Twenty-Five Dollars ($25.00) for each calendar day, for each employee, until strict compliance is effectuated.

3. Equipment Rental Rates – Contractor Equipment rented by the City will be paid for at the rates listed in the “Equipment Rental Rates Table” of the State of California, Department of Public Works, Division of Highways, latest issue, for use in their Special Provisions, a copy of which Table of Rates is filed in the LMM's Office. Any Equipment rented from a vendor will be paid for as invoiced by the Rental Vendor.

SECTION D – SPECIAL PROVISIONS

1. Scope of Work
A. The work to be done includes furnishing all labor, material, tool, and equipment necessary to maintain all identified Landscape Maintenance Districts (LMD) in Region One (1), which may include but are not limited to: street frontages or parkways, parking lots, neighborhood park sites, open space parcels, and all other areas identified as public lands.

B. Maintenance and repair may include but are not limited to: view improvements, fire safety zones, LMD graffiti removal from signs and site fixtures/features entrance monuments, slope embankments, drainage basin facilities, erosion control, irrigation sprinkler systems, pest management, noxious weed eradication, LMD walking trails and care to ornamental or native turf, plants and trees.

C. The Contractor shall contact the Landscape Inspector or Landscape Maintenance Manager and not take any action when the Contractor receives any direction or requests from property owners or general public.

2. Scope of Responsibility
A. Plants – Any plants that die due to Contractor's negligence shall be replaced at the Contractor's expense, equal in plant size and conforming to City Specifications. Replacement shall be made within fifteen (15) working days from the date the defective plant is brought to the attention of the Contractor or, the City may option a warrantee replacement, with planting to occur between the months of October to December. The final warrantee replanting list will be confirmed by the City’s representative provided to the Contractor in the month of September.

B. Irrigation – Contractor shall maintain all existing irrigation systems. Failures in the irrigation system shall be brought to the Landscape Inspectors attention immediately and repairs made within twenty-four (24) hours of known break at Contractors expense.

C. Cleanup – It shall be the Contractor's responsibility to maintain the entire Landscape Region in a condition that is acceptable to the City and in compliance with this contract. The Contractor shall include a daily walk through of the entire Region for the removal of all trash, dead or dying branches, excess soil erosion, empty plant basins, grass clippings, weeds, or any other debris that may accumulate at the site as a result of natural causes. Leaf drop will be blown off the sidewalks and gutters weekly and piles picked up on the same day. The Contractor will not be able to leave piles to be picked up at a later day.

Due to the location or public perception along landscaped areas, parkways and facilities all trash receptacles will be checked three (3) times weekly and emptied if one-third (⅓) full or more. Additional cleanup may be performed, as necessary or as deemed necessary at no cost to the City. Incidental illegal dumping within the LMD shall be considered an Extra Work Order. Unless agreed upon by the Landscape Inspector, all debris listed above for cleanup or any scheduled trimming shall be removed from the site the same day as collected and will be disposed of in an authorized fashion.

D. Street Improvements – Clean median and keep weed free, including sidewalks, walkways, pedestrian paths, curbs and gutters along LMD frontages.

E. Vehicles/Contractor’s Personnel – All vehicles used by the Contractor must clearly display the firm's name and/or logo and comply with State of California Regulations. Any vehicles used for pesticide application must clearly display placards listing the pesticide being applied and the pesticide number. Placard must be visible to pedestrians and vehicles passing the area of application. All Contractor personnel shall wear appropriate personal protective equipment and identification badges, and safety vests shall be clearly marked with the company name.

F. The Contractor shall be expected to communicate with the Landscape Inspector throughout the month for remedial updates to service areas. The status of non-performance punch list items and expected completion date will be reviewed by the last week of each month. All non-performance punch lists are expected to be completed by the first week of the subsequent month, unless previous arrangements are made with the City. Copies of the non- performance punch lists will be sent to the Contractor.

G. Emergency Numbers – The Contractor shall be readily available by telephone during work hours. This shall not be an answering machine. In addition, the Contractor shall provide the City of Vallejo with an emergency call out listing where he/she may be contacted after normal working hours, on weekends and holidays. Emergency calls may be considered as part of maintenance and shall not be considered as an Extra Work Order, unless damage was caused by natural damage or vandalism. The Contractor shall also supply the fax numbers for the business. It is highly desirable that the Contractor shall have available and reliable cell phone communication service.

3. Irrigation System
A. Throughout the term of this agreement the Contractor shall identify all leaking or malfunctioning irrigation systems beyond the water meter including but not limited to: main lines, lateral lines, sprinkler heads, valves, quick couplers; and irrigation controllers. Landscape Inspector shall be notified of cost estimate for repairs or replacements of all malfunctioning/damaged irrigation systems and components. Backflow prevention devices shall be the responsibility of the City.

B. Before beginning these maintenance program operations under the provisions of this agreement, the Contractor shall inspect all existing irrigation systems on the site(s) covered by this agreement and shall report damage or malfunction of any system to the Landscape Inspector. Immediately, Contractor shall perform all irrigation system checks and provide a written report with station numbers and controller names to the City within ninety (90) calendar days of execution of contract. Contractor shall provide a detailed estimate for all necessary repair work with the irrigation system check report. Contractor shall coordinate system checks with City Landscape Inspector and provide a detailed schedule for each site with forty-eight (48) hour notice to the inspector for starting inspections.

C. It is the City’s objective to actively pursue water conservation within the Region. The Contractor shall adhere to the irrigation specifications and closely monitor the irrigation system to prevent overspray onto paved areas and runoff down the gutters. Multiple repeat cycles shall be utilized to prevent runoff.

D. All irrigation controller stations shall be labeled by Contractor in an easy to read manner inside each controller box. Labeling shall include a description of the areas covered by each station. Contractor shall use City provided nomenclature when labeling each controller cabinet.

E. Contractor shall verify flow rates of each irrigation zone per irrigation controller per site and program the controller to reflect actual flow rates as determined in the field. Results of actual flow rate conditions shall be reported to the Landscape Inspector.

F. Flushing of systems and cleaning or replacement of all filters within irrigation systems is routine maintenance and will not be considered extra work. The Contractor shall flush the end of drip lines bi-annually to remove all dirt buildup.

H. Plant material exhibiting signs of wilting due to lack of water shall result in withholding of monthly payment until the problem is corrected. Manual watering will be required as necessary to regain plant vigor at no extra cost to the City.

I. The Contractor shall maintain all valve boxes and lids in good condition. This includes removal of any plant growth inside the boxes and removing any excessive dirt or debris from the inside of the box. Standing water in the valve boxes shall not be allowed to remain permanently. The Contractor shall also keep all boxes free from rodents and insects, at no cost to the City.

J. When replacing valve boxes, contractor shall label per the City of Vallejo standard specifications.

K. Programming of controllers shall be performed by the City with recommendations provided by the Contractor to maintain healthy growing plant material. Each month the Contractor shall provide the Landscape Inspector with a complete written schedule of watering for all controllers needing increased or decreased water needs.

L. Watering for overhead spray and rotors shall be between 9:00 PM and 7:30 AM.

There may be exceptions that occur from changing weather conditions or to accommodate a special event. Only drip irrigation may run during day times.

Irrigation schedules shall be coordinated with the Landscape Inspector.

M. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences and other property that may be damaged by water.

N. In the event of improper irrigation scheduling or maintenance, the City will contact the Contractor immediately to investigate and make needed changes.

O. The Contractor shall perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments, no later than ninety (90) calendar days after contract start date and again bi-annually prior to start of the irrigation season and at the end or as directed by the Landscape Inspector. The contractor shall supply the City with a written report of every system as it is completed.

3.1. Water Requirements
A. The Contractor shall have full responsibility to ensure watering requirements are met within each landscape area. Contractor’s forces shall be capable of performing repairs, installations and modifications of existing irrigation systems to adequately irrigate all landscaped areas on a full-time basis.

B. The Contractor shall ensure that sprinkler heads are in good operational order, filters are cleaned regularly, and nozzles are replaced when worn or inadequate coverage occurs. Any minor changes such as riser extensions (vertically or horizontally), sprinkler head exchanges and filter replacements will be considered as an extra work item which will need to be approved by Landscape Inspector prior to repairs made for compensation.

C. All valves shall close completely at the conclusion of the station watering program. Weeping valves shall be immediately reported to Landscape Inspector. Valve boxes shall be kept clean of rocks, soil, debris and silt to a depth of two inches (2”) below the bottom of the valve assembly. All valve box lids shall be in place and locking bolts secured at all times.

3.2. Irrigation Repairs
A. The Contractor shall have a qualified irrigation technician check each irrigation controller and activate all stations on every controller each month. Adjustments shall be made at that time, as well as documenting repairs needed that shall adhere to City of Vallejo Standard Specifications and submitted to the Landscape Inspector.

B. Main lines shall not demonstrate leakage when all control valves are in the closed position. All irrigation system repairs, including vandalism, shall be completed within twenty-four (24) hours of approved extra work. If repairs cannot be accomplished within the designated time period, the Contractor shall notify the Landscape Inspector immediately of the condition and supply estimated time of when the repairs will be made.

C. The Contractor shall be responsible for watering the area of irrigation system failure by other means (hose, etc.) until repairs are completed. Upon approval Contractor shall replace all broke irrigation systems with the same brand and model. Any material substitution shall be approved by the City prior to installation.

3.3. Controllers
A. The City of Vallejo’s LMDs have several different irrigation controllers installed.

Each controller is unique to the landscape area where irrigation is applied.

Contractor shall become familiar with and have a full understanding and master the operational functions of each controller system.

B. The Contractor shall ensure employees are qualified to maintain and troubleshoot the Controller Systems. Contractor shall have hardware/software capable of making adjustments in the field remotely to the irrigation systems.

Contractor shall be responsible for notifying the City of needed repairs to irrigation controllers.

C. RainMaster, TBOS II, and WeatherTRAK controllers are utilized in the LMD.

D. Automatic controllers and electrical conductors shall be kept operational year- round. Controllers shall be inspected periodically, and controller cabinets shall be maintained clear of debris, nests, snails and insects.

3.4. Irrigation System Vandalism
The cost of parts and labor to replace stolen or vandalized portions of the irrigation system are considered an extra work item. Contractor is responsible for notifying these issues and locations to the City, so a report can be made to the Vallejo Police Department.

4. Water Management Program
A. City shall provide all the water and electricity necessary for the Contractor to perform the services except instances where excessive costs are incurred by the City due to water/electricity waste or negligence by the Contractor. If the City determines that excessive utility costs due to waste or negligence have occurred and are a result of Contractor's actions, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs.

B. For any controller schedule not supplied by the 10th day of the current month by Contractor in any month, a Fifty Dollar ($50.00) penalty per controller per day will be assessed. Contractor shall have the penalty deducted from the monthly bill for the District financially responsible for that irrigation controller.

C. If there is a difference of opinion between the City and the Contractor as to the whether there has been waste due to the negligence of the Contractor, the opinion of the City shall prevail.

D. The Contractor shall meet with the City to discuss water management as requested.

E. A monthly irrigation “base schedule” is developed based upon current controller settings and the feedback of moisture probing results. Adjustments of controllers shall be made by City from recommendations by Contractor.

Once the Contractor has the correct run times for any given month, the starting "base schedule" is acquired. Adjustments to the "base schedule" shall occur throughout the month to accommodate changes in area use and/or environmental changes to individual sites.

4.1. Irrigation Schedule
A. Monthly the Contractor shall provide to the City a report of irrigation controller setting needs for the current month in electronic format. This report will include the following information:

1. All irrigation programs set on controllers.

2. Irrigation schedule start times for each irrigation program.

3. Irrigation run-days for each irrigation program.

4. Irrigation cycle length, in minutes for each station in irrigation program.

5. Number of repeat cycles for each station in an irrigation program.

B. All required scheduling and operation of the automatic irrigation controllers reflecting weather changes and water needs shall be covered under this Contract. Contractor shall recommend all adjustments and settings of automatic controllers to the City. All systems shall be programmed as needed to maintain plants in a healthy, vigorous condition. The irrigation controller program is to be sufficient to keep the plant material healthy without excessive water use. Valve areas appearing to be over or under watered are to be further tested by the contractor and as directed by the City. Soil probing shall be conducted to determine soil moisture levels for automated overhead irrigation circuits.

C. Reports shall be submitted by the 10 th of each month.

D. Evapotranspiration (E.T.) shall be incorporated into the settings of the irrigation controller computerized central programming.

5. Landscape Maintenance Standards

5.1. Turf Care
A. Mowing

1. Turf shall be mowed weekly during the growing season and as required during the winter months.

2. The height of cutting shall be maintained consistently to prevent scalping or burn. The mowing height shall be appropriate to the turf species. Turf shall not be mowed lower than two and a half inches (2½”) in height. Cut heights shall have an average maintained height of three (3”) to four inches (4”).

3. Grass clippings or debris caused by mowing or trimming shall be collected and removed from adjacent walks, streets, drives, gutters, and curbs or surfaces on the same day as mowed or trimmed. Nothing shall be allowed to stay in the vicinity of a storm water inlet/catch basin(s) nor be allowed to enter into any inlet, catch basin or body of water.

4. Mowing patterns shall be alternated each week to avoid creating ruts and compaction.

5. All mowed clippings shall be removed from the job site including any leaf debris blown onto structures, vehicles, or utilities on the same day.

Mowers and edgers shall be cleaned and maintained of all turf debris before working on City contracts to prevent contamination of the City turf from outside sources.

B. Edging

1. All lawn edges along sidewalks and curbs shall be edged before each mowing event.

2. Edging shall be performed with a blade type mechanical edger. The cut edge should appear as a clean, straight line.

3. A monofilament line trimmer shall be used to trim around obstacles within the lawn area. Care shall be taken to ensure that the bark of trees and shrubs are not damaged or stripped by the line trimmer.

4. Lawn sprinkler heads shall only be edged to allow for proper distribution of water.

5. A round tree well shall be maintained just beyond the drip line of newly planted trees to encompass all tree stakes and guys. Older established trees shall have their basin cleared twelve inches (12”) from the trunk and maintained.

6. Allowing the mower deck or string line trimmer to come in contact with the basal Region of the tree or any exposed storage root is not permitted. The Contractor shall be liable for any basal injury repairs.

7. Edges of lawns against all paved areas, around valve boxes, and other utilities shall be kept neatly edged.

C. Fertilization
Turf will require a regular schedule of maintenance based on turf health and needs. The City expects a healthy green appearance and an annual fertilizer program not to exceed an approximate four (4) applications annually of a slow release fertilizer. Failed applications must be followed by re-applications or hand removal of weeds as directed by the City. Any infestation of turf disease or insect infestations must be identified, controlled in a timely manner, and reported to the City.

D. Aeration
Annual service completed by October 31st. Prior to aerating, a forty-eight (48) hour notice shall be given to the City Landscape Inspector to verify work. A coring tine shall be used for aeration. Multiple passes shall be made with the aerating device to ensure that tine holes are no more than two and a half inches (2.5”) apart. Aerator tines shall sink at least three and a half inches (3.5”) deep.

Tine cores shall be raked and removed the same day as aeration.

E. Weed Control

1. All Landscaped areas shall be maintained for weeds, organic & inorganic litter. Cutting and removal of weeds will be directed by the City Landscape Inspector at the Contractors expense whenever a pre-emergence herbicide application has failed.

2. The City expects the Contractor to regularly monitor weed infestations in all LMD areas and take proactive action to remove weeds before they become an unsightly nuisance. Within landscaped areas, the Contractor shall remove unsightly weeds during their weekly landscape service. The Contractor can expect City punch list if a landscaped area does not meet the performance specification listed below.

3. Weeds are to be mechanically or chemically removed from walkways, walkway cracks, walkway/curb gutter expansion joints, pavers, along fence lines, etc.

4. It is the intention of the City not to allow weeds of smaller dimensions of three inches (3”) in height or diameter in the landscape. Weeds shall be manually removed by herbicide with green coloring.

5. "Rust" infestations may require a high calcium nitrate-based fertilizer in winter months to maintain good, green color. Contractor shall selectively apply chemicals to control weed grasses and broadleaf weeds such as, but not limited to, various broadleaves, Poa annua, and Digitaria species. Any infestation of turf disease or insect infestations must be identified, controlled in a timely manner, and reported to the City.

6. Sedimentation shall be regularly swept and not allowed to accumulate on utility covers or sidewalks. The Contractor’s inability to complete scheduled maintenance and service identified in these Specifications may be grounds for a non-refundable Two Hundred Fifty Dollar ($250.00) re-inspection fee each week the Contractor fails to meet the Specifications identified on the Maps.

F. Irrigation
Lawn irrigation shall be adjusted to cover and present the best appearance to ensure consistent healthy growing conditions. Irrigation maintenance shall be per “Section 3. Irrigation System” of these specifications.

5.2. Ground Cover
A. Pruning

1. Utilize herbicides or mechanical trimming to maintain a neat, attractive appearance year-round. The Contractor is expected to have in the Base Bid an effective IPM per “Section 7. IPM Program” of these specifications, to combat various infestations that are endemic and may occur in the ground covers.

2. All ground covers and shrubs in the City of Vallejo shall be routinely maintained one foot (1’) behind the back of cobble, curbs, pathways, roadways, medians, fences & sidewalks.

3. Low-growing shrubs designed in the landscape as ground covers classified as ‘Prostratus,’ ‘Horizontalis,’ ‘Compacta,’ etc. shall be neatly trimmed and routinely maintained at an attractive form and appearance.

4. Ground cover shall not be allowed to touch or cover crowns of shrubs and trees.

5. Any plants that are known to be subject to disease shall have diseased branches selectively pruned out. Contractor shall be responsible for the removal and disposal of damaged plant material.

B. Fertilization

1. During rainy season before the end of February, apply 16-6-8 or approved equal at two and a half (2.5) pounds actual nitrogen per one-thousand (1,000) square feet to ground cover.

2. Arctostaphylos and Rosa sp.: Each plant shall be given a handful of balanced fertilizer in November and in the final two (2) weeks of March each year, or as directed by the City.

3. Fertilizer is scheduled to be applied seasonally. Following the application, the ground shall be watered thoroughly to leach the nutrients through the root zone; forty-eight (48) hour prior notification to the City is required.

Caution: The Contractor shall prevent over watering which could result in hillside slumps, nutrient runoff to adjacent properties or water courses which in turn may lead to water pollution.

C. Weed Care

1. Landscaped areas shall be maintained for weeds, organic & inorganic litter.

Cutting and removal of weeds will be directed by the City Landscape Inspector at the Contractors expense whenever a pre-emergence herbicide application has failed.

2. The City expects the Contractor to regularly monitor weed infestations in all LMD areas and take proactive steps to remove weeds before they become an unsightly nuisance. Within landscaped areas, the Contractor shall remove unsightly weeds during their weekly landscape service. The Contractor can expect City punch list if a landscaped area does not meet the performance specification listed below.

3. Weeds are to be mechanically or chemically removed from walkways, walkway cracks, walkway/curb gutter expansion joints, pavers and along fence lines.

4. It is the intention of the city not to allow weeds of the smaller dimensions of three inches (3”) in height or diameter in the landscape. Weeds shall be manually removed by herbicide with green coloring.

5. Sedimentation shall be regularly swept and not allowed to accumulate on utility covers or sidewalks. The Contractor’s inability to complete scheduled maintenance and service identified in these Specifications may be grounds for a non-refundable Two Hundred Fifty Dollar ($250.00) re-inspection fee each week the Contractor fails to meet the Specifications identified on the Maps.

D. Irrigation
Irrigation shall be adjusted to cover and present the best appearance to ensure consistent healthy growing conditions. Irrigation maintenance shall be per “Section 3. Irrigation System” of these specifications.

5.3. Shrubs/Vines
A. Pruning

1. Shrubs and vines shall be pruned to maintain growth within space limitations, to maintain or enhance the natural growth habit, or to eliminate diseased or damaged growth. Some species shall be trimmed appropriately to influence flowering and fruiting, or to improve vigor.

2. Shrubs and vines must be trimmed as needed to permit unobstructed passage to residents or vehicles. Trimming near vehicular entry or exits shall be carried out to prevent line of sight restrictions.

3. Shrubs shall be pruned to conform to the design concept of the landscape.

Individual shrubs shall not be clipped into balled or boxed forms, except where specifically instructed.

4. Contractor shall prune all shrubs and hedges, including but not limited to, the removal of dead and/or broken branches, suckers or sprouts, branches that may hang over walkways, grow through fences or obscure roadway vision. Pruning shall be performed to have shrubs appear neat and orderly at all times.

5. Vines shall be pruned to control growth and direction, and shall not be allowed to grow over windows, doors or other structural features, unless directed by the City. Vines shall not be allowed to grow over the crowns of shrubs or trees.

6. The Contractor shall ensure that appropriate vehicle, tools and crews are available and correctly selected for the various vegetative maintenance tasks within these specifications. Pruning tools shall be kept sharp, clean and disease free. The Contractor shall have a regular (monthly) maintenance service cycle which identifies all dead shrubs or dead and broken branches that will be pruned and removed throughout the Region monthly.

7. The Contractor shall remove all tree and shrub trimmings from the maintenance site the same day of the pruning. At no time shall vegetation be allowed to cover or impede access or visibility of any cross street, utility service, vault or box, street sign, or electrifier.

B. Fertilization

1. All plant material in LMD require the addition of complete nutrients to promote good growth. Fertilizers shall be urea-based or labeled slow- release and contain nitrogen, phosphate and potash. No nutrients shall be allowed to spill onto walks or into drains. The following Specifications have been prepared to identify what type of nutrient treatment will occur. All nutrients submitted by Contractor must be approved by City prior to purchasing.

2. Most shrubs and vines should be fertilized annually. Plants that have reached maturity may not require annual fertilization.

3. All actively growing plants not yet at maturity shall be fertilized yearly during the months of February through March. Contractor shall apply an appropriate slow-release, long-lasting complete fertilizer, controlled- release fertilizer, or plant tablets at the manufacturer’s recommended application rate.

4. All plants shall be observed for signs of nutrient deficiencies and treated to correct deficiencies throughout the year. Nutrient deficiency shall be brought to the attention of the City and properly identified prior to treatment.

C. Weed Control

1. Landscaped areas are maintained for weeds, organic & inorganic litter.

Cutting and pick-up of weeds will be directed by the City Landscape Inspector at the Contractors expense whenever a pre-emergence herbicide application has failed.

2. The City expects the Contractor to regularly monitor weed infestations in all LMD areas and take proactive measures to remove weeds before they become an unsightly nuisance. Within landscaped areas, the Contractor shall remove unsightly weeds during their weekly landscape service. The Contractor can expect City punch list if a landscaped area does not meet the performance specification listed below.

3. Weeds are to be mechanically or chemically removed from walkways, walkway cracks, walkway/curb gutter expansion joints, pavers and along fence lines.

5. Sedimentation will be regularly swept and not allowed to accumulate on utility covers or sidewalks. The Contractor’s inability to complete scheduled maintenance and service identified in these Specifications may be grounds for a non-refundable Two Hundred Fifty Dollar ($250.00) re- inspection fee each week the Contractor fails to meet the Specifications identified on the Maps.

5.4. Trees
A. Pruning

1. All trees shall be regularly observed by a Certified Arborist. All tree pruning will be supervised by a Certified Arborist.

2. Pruning must be carried out to permit unobstructed passage to pedestrians and motor vehicles and to prevent sight restrictions near intersections. This means that branches shall be maintained to (10) feet above sidewalks and fourteen feet (14’) above traffic lanes aligned over the face of curb.

3. Mature tree policy – branching greater than three inches (3”) has been determined by the City to require hand or power saws for removal of limbs and requires specific shaping. This may be authorized by a Change Order.

4. Stripping of lower branches (“raising up”) of young trees shall not be permitted. Lower branches shall be retained in a “tipped back” or pinched condition with as much foliage as possible to promote trunk caliper. Lower branches should be cut off only after the tree is able to stand erect without staking or other support.

5. All trees shall be pruned to promote structural strength and to accentuate the natural form and features of the tree.

6. Thinning of certain species and individual specimens may be required to prevent wind damage. Suckers, water sprouts, rubbing and heavily laden branches shall be removed to provide less wind resistance.

7. All trees shall be allowed to grow to their natural genetic form and size, unless specifically noted by the Landscape Inspector.

8. Contractor shall perform inspections after every hard wind and/or rain storm to determine possible damage incurred and make
recommendations for care.

9. The following may be authorized by a Change Order: all trunks and limbs greater than three inches (3”) within the Public Right of Way and residences, leaning or broken due to wind, rain, vandalism, tree debris caused by storms or natural damage, etc. shall be properly pruned and picked up immediately.

10. The Contractor shall ensure that appropriate vehicle, tools and crews are available and correctly selected for the various vegetative maintenance tasks within these specifications. Pruning tools shall be kept sharp, clean and disease free. The Contractor will have a regular (monthly) maintenance service cycle which identifies all dead trees or dead and broken branches that will be pruned and removed throughout the Region.

11. The Contractor shall remove all tree and shrub trimmings from the maintenance site the same day of the pruning. At no time shall vegetation be allowed to cover or impede access or visibility of any cross street, utility service, vault or box, street sign, or electrifier.

B. Staking
The Contractor shall remove staking that has been attached to a tree for three (3) years or more. Stakes shall be inspected, especially after wind and/or rain storms. Stakes and ties shall be in good repair, replaced and maintained in-line at the Contractor’s cost.

C. Fertilizing

1. Shade trees up to a three-inch (3”) caliper shall be fertilized as directed by the City, with an 8-10-10 fertilizer containing micro-elements or equivalent at the rate of one (1) pound per caliper inch of trunk diameter at breast height (DBH).

2. Palm trees shall be fertilized utilizing a 13-3-13 fertilizer containing microelements or equivalent at the rate of one (1) to five (5) pounds per palm, dependent on the truck diameter, generally one-half (½) pounds per inch of trunk diameter as directed by the City.

D. Disease/Pests

1. Monitor any tree for disease or insect infestations – the Contractor shall be expected to provide an advisor’s recommendation should tree health be observed as adverse.

2. Pest control – the Contractor shall identify pests and contact the City before proceeding with any chemical application. The City may authorize this work to combat an infection on any identified tree(s) by issuance of a Change Order.

3. Insect control shall be provided for insects identified by the Contractor or City staff as problematic and shall be treated as needed upon approval of the City. Some specific insects to be controlled include but are not limited to aphids, scale, white fly, thrips, spider mites, and scale.

4. All damaged, dead or diseased limbs resulting from weather or pests shall be removed immediately.

5.5. General Pruning Requirements
A. During mid-fall season, at the onset of cold weather, Contractor shall hedge/prune all trees, shrubs and ground cover, one-foot (1’) behind sidewalks, streets, medians, fences and shall provide a one-foot (1’) clearance around all utilities. Contractor shall maintain the clearance behind the curb, walkway or utility infrastructure encroachment throughout the year.

Contractor shall not begin new hedging on any shrubs unless directed by the City. Refer to Contract for any specific scheduling not mentioned in these Specifications. Any shrub areas which are determined by the City to exhibit poor pruning practices with unsightly visible stubbing will result in re-trimming at the Contractors expense. Listed are Special Instructions, which the Contractor will be required to perform:

B. Damaged growth from vehicular incident damage in medians or behind the curb shall be pinched back and pruned to shape new growth. Ground covers, shrubs and trees shall be kept back three feet (3’) from all utilities. Utilities include but are not limited to: fire hydrants, PG&E vaults, manhole covers, telephone or cable TV cabinets, and specific drainage improvements. Areas that are public open space and not formal landscaped areas with utility structures, utility road access and debris flow corridors shall be maintained free of weeds and vegetation in excess of two inches (2”) in height for at least twenty feet (20’) back from the street or sidewalk and two feet (2’) clearance along any fences.

C. Fencing – Contractor shall annually inspect fencing and shall establish a two- foot (2’) pathway and prune any vegetation which has grown into any private fence originating from public property. Hold all shrubbery back from the Fence line by directional pruning or plant growth regulators.

D. Streets – Standard for visual traffic safety, the height shall not exceed three feet (3’) as measured from pavement at the stop sign or corner of the cross traffic. Prune all landscapes at street intersections. Eliminate vehicular line of sight obstructions in all directions for the distances indicated below:

Type of Intersection Site Distance
Residential streets 200 feet
Collector streets 250 feet
Arterial streets 350 feet
E. Distance adjustments for these specifications will be made for medians, slopes, and curves.

F. Mature Landscaping – Foliage in landscaping areas, medians, intersections, planting strips, or other maintained areas determined by the City to require more than normal pruning will be identified and maintained at no extra cost, including but not limited to special shaping, view corridor, hard pruning of large plants. The Contractor shall not remove any living tree or shrub without consent from the City.

5.6. Hardscape
A. Cobbled Medians and Streets – Annually during the term of the Contract, the Contractor shall keep all mortared cobble and stamped concrete in the medians, and any other cobbled areas neat and clean in appearance.

B. Decomposed Granite – Contractor is responsible for identifying areas that need repair due to erosion, low spots and natural run off. Repairs are considered a Change Order, Contractor shall verify color and estimate with the Landscape Inspector before installation. Decomposed granite installation shall be to grade, compact, and stabilizer shall be used per manufacturer’s specifications.

C. Signs – Contractor shall immediately contact the City any time that a political sign shows up in the LMD. The City shall provide directions on how the political sign is to be treated. The Contractor shall remove all other signs and stakes identified in public areas.

D. Irrigation controller boxes and utility boxes that pertain to landscaping services shall be painted green and cleaned during the term of the Contract. The Contractor shall repaint any vandalized controller cabinet immediately after any graffiti appears on the cabinet. Stainless steel cabinets should also be cleaned with graffiti remover.

E. Paved sidewalks, medians, bike-paths and patio areas shall be swept or blown off with a power blower on a weekly basis.

5.7. Litter Removal/Debris
A. Objects that are unsightly or present obstacles to mowing and other grounds maintenance operations, including but not limited to: rocks in lawn areas, wind and storm damage items; paper, glass, trash, or debris deposited or blown onto the sites, palm fronds and tree limbs; and illegally posted signs within the Public Right of Way, are to be removed at Contractor’s expense.

B. Litter removal from turf areas and plant beds and designated Right of Way areas shall be completed prior to each mowing operation in the same day.

C. The City reserves the right to request debris removal services upon findings of noncompliance.

D.Trash Pick-up – Trash and debris (including cigarette butts) shall be picked up daily each week. Mondays and Fridays are considered exceptionally heavy, and special attention is to be set on major roadways, thoroughfares and highly traffic areas.

E. Parking Lots require daily service for the removal of trash and leaf litter in and around planters, curbs, gutters, parking stalls, sidewalks, etc.

6. Weed Control Standards for Open Space Areas
GENERAL – Vallejo Fire Department Fire Prevention Division Weed Abatement Guidelines are included in these specifications.

SCOPE – This guideline is necessary to provide fire control points and to create or maintain a defensible space around buildings and property lines. Creating defensible space will help minimize fire damage and provide a space or fuel break where firefighters can defend against fire.

CODES AND STANDARDS – Weeds, grass, vines and other growth that are capable of endangering property shall be cut down and removed by the Contractor. Vegetation clearance requirements in the wild land-urban interface areas shall be in accordance with CFC Chapter 49, CFC Section 304.1.2: Vegetation and Title 19, Division 1§307(b): Clearances.

A. Abatement Criteria
Parcels five (5) acres or less must have all combustible growth cut and removed.

A defensible space of thirty (30’) to one-hundred feet (100’) depending on grade and other factors, around all structures, either man-made or natural, in which material is capable of allowing fire to spread unchecked, must be cleared, treated or modified to slow the rate and intensity of an approaching fire.

Roadways, driveways and Fire Department access roads shall be cleared of combustible vegetation equal to the width of the road plus ten feet (10’) on both sides. The contractor must also mitigate any additional fire hazard(s) that are determined by the City's Fire Chief.

Mowing is acceptable. These areas would include but are not limited to biologically sensitive areas or habitats.

Mowing with a tractor is sometimes impractical due to terrain. Mowing with a handheld weed-eater is acceptable and referred to as "handwork." In some cases, use of goats and sheep are acceptable abatement practices.

If the Contractor notices the existence of rare, threatened or endangered plants or wildlife on City property, Contractor must notify the City, Department of Fish and Game, or the appropriate agency at least ten (10) days in advance of undertaking the vegetation clearance. If the Contractor is aware of any State or Federally-listed species on the property, then the City, U.S. Fish and Wildlife Service and the Department of Fish and Game should be notified prior to abatement. If a State or Federal candidate or listed species is killed, injured or captured, the Contractor shall report this information to the City, Department of Fish and Game or U.S. Fish and Wildlife Service respectfully.

Safety Reminder

1. When mowing weeds, it is imperative to work safely. One small spark from a mower blade hitting a rock can result in fire. All mowing should be completed as early in the morning as possible, while temperatures are low, humidity is high, and grasses are still damp with dew. When mowing always have water, a fire extinguisher and pointed shovel handy. Mow early and often.

FIGURE 1
Defensible Space Zones
Minimum Minimum Minimum
30’ x 30’ x 30’ x 30’ 30’ x 30’ x 30’ x 50’ 50’ x 50’ x 50’ x 100’

Down Slope Down Slope Down Slope
Level 0-10% Moderate Slope 11-30% Steep Slope Greater than 30%

2. The Contractor shall be responsible to cut, trim, or apply herbicides to grasses and broad leaf weeds as directed. Weed height control zones are shown in the attached Maps. Open Spaces shall be cut and maintained to a height of approximately six inches (6”) or less throughout the fire season as defined above. This Contract specifies that the Contractor will provide continuous control of all identified noxious summer broad and narrow leaf weed height for fire safety suppression. All long cutting in excess of three inches (3”) left on the ground and determined by the City to be a fire hazard, may be required to be picked up and removed off-site for disposal. All Open Space areas shall be included in a weekly trash pickup program.

3. The City is seeking to establish narrow grass plant communities in the weed height control zones and eliminate noxious weeds such as thistles, artichoke, etc. and still maintain erosion control. The Contractor could expect new plant communities which will receive treatments which shall enhance cover reproduction.

4. While fire season is in effect, these areas will receive weed height suppression only. Required Regulatory Compliance, the Contractor shall be cognizant of

the designated California Department of Forestry start date for "Fire Season" as well as "City of Vallejo Fire Department Standards for Completed Weed Abatement Work" as supplied by the City of Vallejo Fire Department, Weed Abatement Code Enforcement Officer. The Contractor, after five (5) calendar days of the start of Fire Season, shall have completed all weed cutting in the Open Spaces. The fire season for the City of Vallejo officially begins May 1st of each year unless CDF or USFS declare Fire Season to be officially opened prior to that date. If the Contractor fails to comply with this requirement, the City reserves the right and shall have the work done at the Contractor’s expense.

Total Abatement costs for cuttings, mowing and hauling will be deducted from the Contractor's future regular monthly payments.

5. Pre-emergence of the ground to control plants on weed height control zones is not permitted without approval by the City. Indiscriminate ground sterilization by the application of herbicides in any Open Space may constitute forfeiture of monthly payments until recovery of a well-rooted population. Where slopes have been stripped and sterilized of a rooting population by the Contractor, Contractor shall provide ongoing erosion control measures per City Specifications at no expense to the City.

6. The Contractor will start planning the weed height control program in the month of December. This Open Space weed height control program will be presented to the City for approval by January 15th. The January payment will be withheld if the Contractor fails to meet or provide in writing to the City the Open Space weed height control program for the coming fire season.

7. Asphalt pathways and trails identified on the Maps will receive a one-foot (1’) wide, weed free, height control zone on each side of the four foot (4’) wide trail.

The asphalt portion of the trail shall be weed free within the pavement cracking.

8. Only edge the weeds next to structures such as V-ditches, culverts, sub-drain outlets, rock dissipater, catch basins, etc.

9. Mechanical control of weed height may be performed in lieu of chemical control with authorization by the City. The Contractor will obtain approval from the City before utilizing heavy equipment to perform flail mowing, rotary mowing, and other generally approved mowing methods.

10.Develop a pre-emergence program for all landscaped areas and fence lines abutting the LMD.

11.The Contractor’s inability to complete scheduled fire prevention service identified in these Specifications may be grounds for a Two Hundred Fifty Dollar ($250.00) non-refundable re-inspection fee each week the Contractor fails to meet the Specifications identified on the Maps.

7. Integrated Pest Management Program (IPM)
A. The Contractor shall be licensed as a Pest Control Advisor or list a subcontractor licensed specialist to legally plan the annual Weed Height Control program and identify any pest management problems which may arise in the District.

B. The Contractor shall be familiar with various Integrated Pest Management (IPM) programs and is required to develop an IPM plan to effectively eradicate any diseases or pests which develop during the duration of this Contract.

C. The development and application of chemicals for the IPM program shall be the responsibility of the Contractor and will not be considered an Extra Work Order.

The City may, on demand, review all labels, licenses, certificates, categories, permits, or recommendations before chemicals are applied.

D. The written IPM plan and a label and Material Safety Data Sheets (MSDS) binder must be submitted each Contract year to the City for each pesticide to be used in any Region by January 1 st. These items must be submitted to the City prior to commencement of initial contract or renewal for optional year extension.

E. Pest control methods may include but are not necessarily limited to the following:

1. Pre-emergent herbicide applications

2. Post-emergent herbicide applications

3. Mechanical cultivation and disposal

4. String line trimming or mowing

5. Chemical growth regulators

6. Tree injection

7. Aquatic herbicide applications

8. Traps

9. Pre-bait and poison bait techniques

10.Debris or food source removal

11.Water jetting

12.Insecticide, fungicide, or other pesticide applications

13.Verdant and dormant spraying

14.Management of vector, host, predator, or grazing populations

15.Repeated control methods as necessary

16.Poison gas or fog applications
F. Chemical Sterilant – presently, City staff evaluates the use of certain pre-emergent chemicals within the LMD. It is the City’s intention at this time to restrict the use of Simazine or any pre-emergence which mimic’s Simazine to strictly crack and crevice work in the street unless otherwise approved by the City.

G. The Contractor shall be expected to provide a year-round control program for the control of snail and slug populations, specifically applications to ground covers along residential fence lines. It is unacceptable to find populations of these pests building up within ivy and other ground covers, inside of valve boxes, on structures, or within the canopy of plant material at any time of the year.

H. Pre-Emergent

1. Pre-emergent must receive 0.511 of rain or be watered within ten (10) days of application.

2. Areas seeded with wild-flowers shall be identified by the City and shall not be treated with pre-emergent herbicide.

I. Post-Emergent

1. All areas shall be kept free of weeds. Chemical and/or mechanical means may be used as appropriate. If any weeding is not performed, maintenance will be considered unsatisfactory.

2. Before applying herbicides, the type of weed shall be identified, and the control selected accordingly, using the most effective control for the species, the location and the season.

3. Weeds shall not be allowed to grow in paved areas such as driveways, walks, curbs, gutters, etc. Weeds may be removed manually or sprayed with an herbicide. Dead weeds shall be removed from the paved areas.

4. Contractor shall provide the labeling (MSDS) for each herbicide proposed before the product is applied.

5. Post-emergent shall be sprayed at the manufacturer’s recommended rates.

6. Weeds shall be controlled in turf areas. Mowing is not an acceptable method for weed control.

J. Policy – as an integral part of this program, the City shall require all employees, developers and contractors doing City work requiring the use of pesticides, herbicides and fertilizers to submit to the City: 1) a copy of MSDS for the proposed chemicals, 2) a use report, and 3) the location of application. The aforementioned will also be required to comply with City of Vallejo Pesticide Treatment Posting and Notification Policy (Attachment D). City of Vallejo will establish an IPM Coordinator as the central point of contact and record keeper for the IPM Program.

8. Trail and Pathways

8.1. Year-round, concrete, asphalt, gravel, and decomposed granite pathways shall be kept weed and vegetation free. Each side of the path shall have a one-foot clearance of weeds and vegetation.

8.2. Year-round, trails shall be kept weed and vegetation free at four (4) feet wide. On a quarterly basis, pathways and trails will be inspected for safety and function of:
surface conditions, signage, bollard placement, head-height clearance, erosion, fencing, gates and locks.

9. Inspections, Defaults and Payment
A. For landscape maintenance services not completed as scheduled, the City will withhold the monthly invoice and may charge a Two Hundred Fifty Dollar ($250.00) non-refundable re-inspection fee to the Contractor. The withheld payment minus the re-inspection fee will be released upon satisfactory completion of the landscape maintenance service.

B. Before award of the contract, the Contractor and City shall meet to discuss schedule of services, calendar, IPM Program and weed height control program. It is the Contractor's responsibility to ensure that management, supervision, sufficient labor, equipment, and materials are estimated, planned and scheduled for the Region. The Contractor, through his/her General Superintendent, is expected to coordinate the efforts of maintenance operations and personnel to provide the best long-term benefit to the LMD.

9.1. Inspections
i. The City shall evaluate landscape services performed in the LMD on a regular basis. The City does not give ongoing supervision to the Contractor’s forces.

The Contractor’s Area Manager shall monitor the work and provide direction to the work force in the LMD.
ii. The City and the Contractor’s Manager shall meet on a weekly basis to ensure the LMD is in compliance and provide the services necessary to complete the maintenance tasks described in these specifications.
iii. The Contractor will be required to accompany the Landscape Inspector or other City representative in person on a monthly drive-through inspection for contract compliance which may generate a punch list. The Contractor is also expected to take notes during such inspections. Notes will be made with reference to current maps.
iv. The Contractor shall be responsible to notify the City that the LMD is ready to begin the following three specific final inspections at the end of this Contract.

The end of contract inspection will be held on June 16 or by the first of the month. Monthly payments shall be held in full for noncompliance on any of these inspections.
90 Day - The City could request the contractor to conduct an Irrigation main line test for ruptures or leakage. The Contractor will report any leaks and shall make necessary repairs. No visible leaks shall be accepted. Cutting and pick- up of weeds and application of a pre- and post-emergence herbicide will be required whenever a previously scheduled pre-emergence herbicide application has failed. Dead shrubs and trimming shall be in compliance with these specifications. Progress on all remedial actions will be evaluated prior to approval of monthly payments. The City will work with the Contractor to ensure they are in compliance.
60 Day - Provide a PCA recommendation and apply a post emergent systemic herbicide on weeds remaining for areas, determined by the Landscape Inspector, which have completely failed in the contractors IPM program. This will be required whenever a pre-emergence herbicide application has failed within this contract and the landscape is unacceptable. Progress on all remedial actions will be evaluated prior to approval of monthly payments. The City will work with the Contractor to ensure they are in compliance. 30 Day - Final acceptance walk-through to inspect and evaluate the condition of the Region for incumbent contractor extension or contractor turnover. A final punch list may be provided to the Contractor to be completed by end of Contract date.

Contractor Transition: Upon the expiration of this Contract all remaining items on any punch list shall be deducted from the final billing and will be completed by the incoming Contractor.
v. No Change Order/Extra Work will be performed by the regularly assigned maintenance personnel.

9.2. Defaults, Diligent Prosecution of Work, Termination of Contract for Failure to Prosecute Work Diligently
i. As a material part of this Contract, the Contractor shall diligently prosecute and complete all described items of work specified herein. In the event the City determines that the work is not being completed with diligence, as evidenced by the LMD not being maintained in accordance with these Specifications herein or otherwise, the City shall inform the Contractor in writing of the specific area of deficiency within the LMD. The Contractor thereafter shall have ten (10) calendar days in which to comply with the City's deficiency letter. ii. In the event the Contractor does not complete the deficient work by the assigned date and evidence of non-compliance within the written Contract exists, the Contractor shall be recommended to the Director of Public Works for immediate termination of the Contract, or if there is compliance but thereafter, the work in the future is again not performed diligently, the City will immediately take the above written steps to terminate the Contract for cause.

The City shall give written notification for extending or termination of the contract on or before April 1st of each year.
iii. Replacements and Additional Maintenance to be included – the following items listed will clarify other landscape maintenance and material requirements which may not be included elsewhere in these Specifications:

Warranty – Plant materials damaged due to the Contractor's maintenance practices or non-performance of services shall be replaced with like material at no cost to the City. Upon notification from the City, replacements shall follow Section 5 of the City of Vallejo Standard Specifications. Replacement plant stock shall be inspected by the City prior to planting to verify proper sizing, healthy rooting, and vigor.

10. Schedule of Landscaping Maintenance Services
A. Upon award of contract, the maintenance Contractor is required to provide a detailed twelve (12) month calendar indicating the proposed work schedule prior to July 1 of each award year. The calendar must include, but is not limited to, details of the following: fertilization, aeration, tree trimming, mulching, painting of controllers, etc. The City may change requirements as based upon seasonal or other considerations. The calendar must detail the minimum typical monthly Schedule of Landscape Services.

B. The schedule on pages D-27 through D-30 are a suggested guide for reference, please refer to the standards in this contract for timeline requirements.

10.1. Schedule:

July
1) Continue maintaining ground covers away from fences and other features. 2) Continue maintaining line of sight obstruction at street intersections. 3) Continue maintaining vegetation along medians, streets, sidewalks, retaining walls, etc.

August
1) Continue completing maintenance care per Specifications. 2) Begin cutting out spent blossom spikes on shrubs such as Agapanthus, Echium, Moraea, Hemerocallis, Tulbaghia, Roses, etc. This is to be a weekly task to be carried out throughout the winter until spent blossom spikes subside. 3) Continue edging vegetation along medians, streets, sidewalks, retaining walls, etc.
4) Continue pruning vegetation for line of sight obstruction at street intersections.

September
1) Continue completing maintenance care per Specifications. 2) Continue pruning vegetation for line of sight obstruction at street intersections. 3) If identified on the Maps start to prune trees.
4) Continue maintenance of all v-ditches and compact soil along edges to prevent water access to beneath v-ditch.
5) Warrantee replacement plant list determined by the City.

October
1) Continue completing maintenance care per specifications. 2) Continue pruning trees, as in September.
3) Complete and check to be sure all appropriate shrubs and ground covers have been trimmed, edged, and sprayed to maintain desired shape through winter months.
4) Maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.
5) Per the Specifications, continue maintenance leaf litter removal program along gutters, landscape frontages, medians, sidewalks, planter beds, and beneath identified plant canopies.
6) Begin warrantee plant replacement program.

November
1) Continue maintenance care per Specifications, specifically leaf litter removal program along gutters, landscape frontages, median, sidewalks, planter beds, and beneath identified plant canopies.
2) Maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.
3) Complete warrantee replacement plantings.

December
1) Continue completing maintenance care per Specifications, specifically leaf litter removal program along gutters, landscape frontages, median, sidewalks, planter beds, and beneath identified plant canopies. This is to be as specified and completed throughout the fall and winter until leaf drop subsides. 2) Meet with the City to establish a program for weed control in Open Space areas for the following calendar year.
3) Continue weekly leaf litter removal in all areas.
4) Maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation as well as stamped concrete and entrance Monuments.
5) Power wash cobble, stamped concrete and entrance monuments.

January
1) Continue completing maintenance care per Specifications, specifically leaf litter removal program along gutters, landscape frontages, median, sidewalks, planter beds, and beneath identified plant canopies.
2) Continue to maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.

February
1) Continue completing maintenance care per Specifications. 2) Complete fertilizer application required for all sites. Refer to Section 5, Landscape Maintenance Standards.
3) Continue pruning of landscapes.
4) Tip back Salvia greggii and all other irregularly shaped shrubs. 5) Continue maintenance of drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.

March
1) Continue maintenance care per Specifications. Fertilize all Rose species in final two (2) weeks of this month (Inspection required).
2) Continue pruning vegetation for line of site obstruction at street intersections. 3) Continue edging vegetation along medians, sidewalks, retaining walls, etc. 4) Continue vigorous regime of snail control.
5) Complete dormant pruning of trees, shrubs, and vines. 6) Continue to maintain drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.

April
1) Continue completing maintenance care per Specifications. 2) Continue pruning vegetation for line of site obstructions at street intersections. 3) Continue to check for aphid and other infestations in shrubs, ground covers, and trees.
4) Contractor shall have completed firebreaks in Open Spaces. All Open Spaces are chemically treated or cut for April payment.
5) Continue maintenance of drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation.

May
1) Continue completing maintenance care per Specifications. 2) Complete all deficient grass and weed height control areas. Be aware, Fire Season has started for the City of Vallejo and additional cutting may be warranted for the remainder of the dry season, per Specification. 3) Continue edging vegetation along medians, streets, sidewalks, retaining walls, etc.
4) Continue pruning vegetation for line of sight obstruction at street intersections. 5) Continue pruning vegetation for line of sight.
6) Provide a PCA recommendation and apply a post-emergent systemic herbicide on weeds remaining for areas determined by the Landscape Inspector which have completely failed in the Contractors IPM program. This will be required whenever a pre-emergence herbicide application has failed within this contract and the landscape is unacceptable. Progress on all remedial actions will be evaluated prior to approval of monthly payments.

June
1) Continue completing maintenance care per Specifications. 2) Summer watering irrigation controller program completed. 3) Complete pruning vegetation for line of sight obstruction at street intersections. 4) Complete edging vegetation along medians, streets, sidewalks, retaining walls, etc.

Inspection: Final acceptance walk-through to inspect and evaluate the condition of the LMD for incumbent contractor extension and contractor turnover. A final punch list may be provided to the Contractor to be completed by end of Contract date, June 30th.

REGION 1 LANDSCAPE MAINTENANCE DISTRICT (LMD) LOCATIONS The following districts are located within Region 1: SPRINGTREE, CIMARRON HILLS, CARRIAGE OAKS, COLLEGE HILLS, TOWN & COUNTRY 1, TOWN & COUNTRY 2- 5, SPRINGTREE/FLEMING HILL, MARINE WORLD, MARIN VIEW, and SANDPIPER.

The descriptions of the locations within Region 1 are given as an aid to the contractor to locate the landscaped and firebreak areas. Maps enclosed within this contract are the leading document and, as such, will be the document used by the Landscape Manager and Inspectors to verify completion of work within each LMD. The following duties are a brief description of typical work the contractor is responsible for, but not necessarily limited to:
1) Springtree
A. On the north side of Tuolumne Street starting from Parkview Terrace, Public LMD behind 160 Platt Court, ending at the intersection of Phoenix Circle. Along the south side of Tuolumne Street beginning at Ridgeview Drive and ending at the rear of 181 Guava Court:

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes.

B. On the LMD slope area, south side of Tuolumne Street, and across from Parkview Terrace:

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes.

C. Public LMD behind the residences along the south side of Mitchell Court and Riverview Drive:

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes.

3. Maintain concrete lined v-ditch.

D. The Open Space bounded by Platt and Wake Court and Parkview Terrace and the water treatment plant fence line:

1. Weed height control zone access is from the water treatment plant.

E. LMD access, south side of Tuolumne, in the Public LMD between the Guava and Peach Street residences:

1. Weed height control zone.

2. Maintain concrete lined v-ditch.

F. Public LMD inside the pump station fence adjacent to Tuolumne and Phoenix Circle, from 220 Phoenix Circle to 140 Phoenix Circle, access is driveway off of Phoenix Circle:

1. Weed height control zone.

2. Maintain ground cover, shrubs and trees.

3. Edge around all utility boxes.

G. Public LMD on north side Amber Avenue. south side adjoining the Park to 2nd gate:

1. Weed height control zone.

2. Edge around all utility boxes.

H. Public LMD’s situated within the residences, two (2) accesses from Phoenix Circle and two (2) accesses from Persimmon Drive:

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes.

I. Public LMD situated below Phoenix Circle from 476 Phoenix Circle to 416 Phoenix Circle and behind the homes on Pepper Drive:

1. Weed height zone.

J. Public LMD situated below Phoenix Circle from 532 Phoenix Circle to 488 Phoenix Circle:

1. Maintain ground cover, shrubs and trees.
2) Cimarron Hills
A. Along the east side of Fairgrounds Drive beginning just north of Taper to the Napa county line just north of Corcoran Street:

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes.

B. From the intersection of Fairgrounds Drive along Borges Lane and to one lot past Cimarron Court:

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes.

C. Behind the residences on Angelina Way, area access just west of Misty Court:

1. Weed height control zone.

D. The open space includes, behind the residences Emily Street, Smokey Hills Drive, Evelyn Circle, Kenyon Way, Agnes Court, Olson Court, Mira Vista Way, Adele Drive, Vanessa Street, the open space north side of Borges Lane behind the residences of Alesia, Allison, and Cimarron Courts including the access roadway along the Cal- Trans fence line:

1. Weed height control zone.

2. Maintain concrete lined v-ditch.

E. At the tank site, including the roadway, v-ditches, fence line and the drainage system on the slope:

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes.
3) Carriage Oaks
Services will be reduced in this district until an increase in assessments has been approved by residents. As of FY 24-25 services will be as follows: keep defensible space compliant, shutting water off – no irrigation work, and once a month litter & as needed vegetation clearance.

A. Along Griffin Drive on through to Borges Lane, beginning on the west side of Souza Lane to Cimarron Court:

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes.

B. Open space behind the residences of Carousel, Rodeo, and Carnival Courts, along Griffin Drive including the access roadway along the Cal-Trans fence line:

1. Weed height control zone.

2. Maintain concrete lined v-ditch.
4) Town and Country One
A. Slopes along Fairgrounds Drive, the slope along the south side of the softball field to the irrigation controller cabinet on basalt to the north side of the stairway. Median on Fairgrounds Drive north of Highway 37:

1. Maintain ground cover, shrubs and trees.
5) Town and Country Two thru Five
A. Slope between Whitney Avenue and Basalt Drive including accesses on Serpentine Drive and Olympic Drive:

1. Maintain concrete lined v-ditch.

2. Maintain ground cover, shrubs and trees.

B. Slope between Gonzaga Avenue and College Avenue including accesses on Olympic Drive and College Drive:

1. Maintain concrete lined v-ditch.

2. Maintain ground cover, shrubs and trees.

C. Slope between Stanford Avenue and Olympic Avenue including accesses on College Avenue and Quartz Lane:

1. Maintain concrete lined v-ditch.

2. Maintain ground cover, shrubs and trees.
6) College Hills
A. Along west side of Fairgrounds Drive including the concrete walkway and sound wall. North side of Whitney Avenue between Fairgrounds Drive and Pembrooke:

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes.

3. Sound wall along top of slope is public.

B. Easement behind Chapman and above Fordham Circle to the access walkway:

1. Weed height control zone.
7) Sandpiper Point
A. Meadows Drive along both sides of the street from Sandpiper Drive to Catalina Way.

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes

3. Weed height control zone to toe of rip rap.

B. Catalina Way

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes.

3. Weed height control zone to toe of rip rap.

C. Catalina Circle

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes.

3. Weed height control zone to toe of rip rap.
8) Fairgrounds Drive / Marine World
A. The east side of Fairgrounds Drive from Coach Lane north to the hotel property line; weed abatement and ornamental two (2) feet clearance from roadside edge (line-of-sight). The west side of Fairgrounds Drive from Coach Lane going north ending just south of the theme park’s main entrance; weed abatement and ornamental two (2) feet clearance from roadside edge (line-of-sight). The landscaped frontages on Fairgrounds Drive in the immediate vicinity of the theme park. The medians from Gateway Drive south to the boundary of the theme park. Specific entrance portions of the theme park entrance area. The east side of Fairgrounds Drive at Sage Street and the north side of Sage Street from gutter lip to the boundary lines:

1. Maintain ground cover, turf, shrubs and trees, etc.

2. Edge around all utility boxes.
9) Marinview
A. Center median on Pecan Court, two access points, and the open space behind the homes on Pecan Court:

1. Maintain ground cover, shrubs and trees.

2. Edge around all utility boxes.

3. Weed height control zone.

EXHIBIT B

COMPENSATION

1. Contractor’s Compensation.

A. Services: City agrees to pay Contractor, 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 Million Two Hundred Seventeen Thousand Eight Hundred One Dollars and Zero Cents ($1,217,801.00).

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

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

3. Measurement and Payments
A. Claims Against the Contractor – The LMM may withhold from any INVOICE due the Contractor, a sum sufficient to protect the City from loss on account of (1) Claims filed or reasonable evidence indicating probable filing of claims; (2) Defective work not remedied; (3) Failure of Contractor to make payments properly to subcontractors or for material or labor; (4) A reasonable doubt that the contract can be completed for the balance then unpaid; (5) Damage to another Contractor on the project, which amounts withheld will be paid upon removal of grounds for withholding payment; or (6) Any other reason specified in the contract as grounds for withholding such payments.

B. Contractor Claims Against the City – Effective January 1, 1991, the California Legislature has enacted a requirement that all contract claims of Three Hundred Seventy-Five Thousand Dollars ($375,000.00) or less on local government public works contracts must be submitted to mediation and judicial arbitration. Article 1.5 (Sections 20104 through 20104.8, inclusive) of Chapter 1 of Part 3 of the Public Contract Code concerning Resolution of Construction Claims, is hereby incorporated into this agreement.

C. Force Account Payment – Work requiring force account payment shall be made as specified in the Standard Specifications.

D. Vandalism Repairs – Vandalism incidents are to be reported to the City and a Work Order will be issued to authorize the repair. If the damage creates an immediate public hazard, the Contractor shall take immediate actions to safeguard the public and/or City property. The Contractor shall immediately contact the City for authorization to be reimbursed. The Contractor shall use personnel available to make the necessary repairs and make the area safe for the public. Provide all commercial invoicing for materials, which shall include unit prices and total cost plus fifteen percent (15%) for coordination and overhead to the Contractor. Include total for labor at pursuant to the rates agreed upon with the City.

E. Monthly Payments – The City will make monthly payments to the Contractor for landscape service completed within the Region for the previous month. The invoice may not be submitted until all items on the calendar of events have been completed in “Exhibit A, Section D, 10. Schedule of Landscaping and Irrigation Maintenance Services." The Contractor's representative and the Landscape Inspector may negotiate a change in the monthly schedule based upon seasonal impacts. This revision to services must be agreed upon prior to any billing.

The monthly payment invoice shall be submitted and shall clearly identify the Contractor, mailing address, California Contractor's license number, business phone number, fax number, invoice number, and billing date. The invoice will be totaled and shall match the Bid Sheet. The invoice may not be submitted until after the first day of the subsequent month of service.

All Invoices and request for payment shall be submitted to:

[email protected]
Should the landscape maintenance service not meet the Specifications in “Section D – Special Provisions” and is deemed unsatisfactory, the Contractor's invoice will be held by the City. No further payments will be authorized until the Region is brought into compliance. If two (2) consecutive monthly invoices are withheld and a Two Hundred Fifty Dollar ($250.00) re-inspection fee has been deducted because the LMM deems that the Region is being maintained in an unsatisfactory condition, the City may implement default procedures outlined in these Specifications, see “Exhibit A, Section D. 9. Inspections, Defaults and Payment.” F. Travel and Subsistence Payments – In accordance with the provisions of Section 1773.8 of the Labor Code of the State of California, the successful bidder will be required to pay each workman travel and subsistence payments needed to execute this project, as such, the travel and subsistence payments are defined in the applicable collective bargaining agreements and filed in accordance with Section 1773.8 of the Labor Code of the State of California. Full compensation for conforming to the requirement of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed. All work originates in the City of Vallejo. The City will not pay for travel or transportation associated with maintenance contract, emergency call out, or extra work projects.

G. Withholding of Payment – THE CITY MAY WITHHOLD PAYMENT OF ANY MONTHLY MAINTENANCE INVOICE AND ANY OF THE FINAL THREE (3)

MONTHLY INVOICES PRIOR TO THE END OF THIS ANNUAL CONTRACT (APRIL, MAY, AND JUNE, SEE “EXHIBIT A, SECTION D. 9. INSPECTIONS, DEFAULTS AND PAYMENT”). These withholdings will only be returned to the Contractor upon satisfactory completion of the contract specifications minus any re-inspection fee. This option will not in any way restrict the City from refusing total payment for any of these final three months should there be cause to do so.

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

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

6. Taxpayer Identification Number. Contractor shall provide City with Contractor’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
EXHIBIT B ATTACHMMENT 1

EXHIBIT C

INSURANCE REQUIREMENTS
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.

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.

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

A. 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.

B. Automobile Liability: $5,000,000 per accident for bodily injury and property damage.

C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor is not subject to California Workers’ Compensation requirements, Contractor shall file a completed Request for Waiver of Workers’ Compensation Insurance Form which may be obtained from the City prior to commencing any activity authorized hereunder.

3. Deductible and Self-Insured Retention (SIR). Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the 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.

4. Other Insurance Provisions.

A. Additional Insured Endorsements: The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the 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.

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

C. Waiver of Subrogation Rights Endorsement: The workers’ compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with 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.

D. 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.

E. The insurance coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. For any claims related to this project, the 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.

F. 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.

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

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

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

6. Verification of Coverage. 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

7. 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.

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

ACTION ITEM 9.B.

COMPANY OF FREMONT, CALIFORNIA FOR A MAXIMUM NOT TO EXCEED AMOUNT OF $1,361,657 AND REJECTING ALL OTHER BIDS

RECOMMENDATION
Adopt a resolution awarding a Landscape Maintenance Services Contract for Region 4 (Northeast Quadrant) to New Image Landscape Company of Fremont, California for a maximum not to exceed amount of $1,361,657 and rejecting all other bids.

REASONS FOR RECOMMENDATION
Landscape maintenance services will continue to be required in Region 4 of the LMDs. The term of the previous landscape maintenance contract for this region will expire June 30, 2025. Approval of this contract will provide needed landscape maintenance services for an initial term of one-year, with the option to extend for up to four additional one-year periods with a maximum 3% annual CPI (Consumer Price Index) adjustment included.

The following are the LMDs in Region 4:
• 178 – Northeast Quadrant

Plans and Specifications were prepared and completed by City Staff and the project was advertised on February 20, 2025 and on March 13, 2025 sealed bids were opened and read publicly by the Deputy City Clerk. The results of the bids for the subject project were as follows:

Region 4:

The apparent lowest responsive bidder for Region 4 is
New Image Landscape Company, in the amount of
$199,968 for one year of monthly maintenance services.

All submitted bid documents appear to be complete, in order, and satisfy the requirements of the specification 1 New Image Landscape Company $199,968
2 North Bay Landscape
Management, Inc.
$200,016
3 Priority Landscape Services, LLC $219,000

Date: May 13, 2025
Subject: ADOPT A RESOLUTION AWARDING A LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR REGION 4 (NORTHEAST QUADRANT) TO NEW IMAGE

LANDSCAPE COMPANY OF FREMONT, CALIFORNIA FOR A MAXIMUM NOT TO EXCEED AMOUNT OF $1,361,657 AND REJECTING ALL OTHER BIDS

Page 2 ends

as advertised.

The contract will span one year, with the option for four one-year extensions. It includes a maximum 3% increase based on the Consumer Price Index (CPI) and allows for change orders or additional services up to $60,000 per contract year. Over the past five years, change orders have ranged from approximately $34,000 to $50,000. Staff recommends awarding the contract for Region 4 to New Image Landscape Company a total not to exceed $1,361,657 for its duration.

Year 1 Year 2* (If
extended)
Year 3* (if
extended)
Year 4* (if
extended)
Year 5* (if
extended)
Total 5 years
(contract life)
Region 4 Base Contract $199,968 $205,967 $212,146 $218,510 $225,066 $1,061,657 POTENTIAL rehab
maintenance/additional
work
$60,000 $60,000 $60,000 $60,000 $60,000 $300,000
Totals (Annual+
potential rehab)
$259,968 $265,967 $272,146 $278,510 $285,066 $1,361,657 *Estimated using 3% CPI Increase per FY

FISCAL IMPACT
There is no impact to the General Fund with the approval of this item.

Costs for the landscape maintenance services in Region 4 LMDs are funded through assessments of the property owners within the region. Assessments received from each LMD are only expended in the LMD from which these funds are collected. The annual landscape maintenance costs for each specific LMD region are within their overall approved budgets.

ATTACHMENTS

1. RESO Award Region 4_CAO Stamp

2. Region 4 - New Image - Annual Landscape Maintenance Services Contract_CAO Stamp

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

RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AWARDING A LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR REGION 4 TO NEW IMAGE LANDSCAPE COMPANY OF FREMONT, CALIFORNIA FOR A MAXIMUM NOT TO EXCEED AMOUNT OF $1,361,657 AND REJECTING

ALL OTHER BIDS
WHEREAS, the City of Vallejo has 27 Landscape Maintenance Districts (LMDs) and, for contracting purposes, those districts have been organized into regions, with Region 4 containing Northeast Quadrant; and WHEREAS, on February 20, 2025, the City of Vallejo advertised the Annual Landscape Maintenance Services Contract for Region 4 (the “Contract”) and on March 13, 2025, publicly opened bids; and WHEREAS, New Image Landscape Company, a California corporation, submitted the lowest responsive bid in the amount of $199,968 for one year of regular monthly maintenance; and WHEREAS, the Contract has a term of one year and allows the City to exercise up to four one- (1-) year extensions with an annual maximum CPI adjustment of 3% for a maximum not-to-exceed amount of $1,361,657 over five years should all extensions be exercised; and WHEREAS, there is adequate funding to award the Contract for up to a five-year term.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo that an invitation for bids was duly advertised.

BE IT FURTHER RESOLVED by the City Council of the City of Vallejo that New Image Landscape Company, of Fremont, California is determined to be the lowest responsive bidder and is hereby awarded a contract in the not-to-exceed amount of $1,361,657 for Region 4, for the original Term and all approved extensions and said contract is awarded to said low bidder at the prices bid.

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

Region 4:

North Bay Landscape Management, Inc. $200,016
Priority Landscape Services LLC $219,000
are hereby deemed rejected, upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.

Adopted by the City Council of the City of Vallejo at a regular meeting held on May 13, 2025, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________

ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK

CITY OF VALLEJO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

CONTRACT
FOR
REGION 4- ANNUAL LANDSCAPE MAINTENANCE SERVICES
THIS CONTRACT (“Contract”) made and concluded in duplicate this 1st day of July, 2025, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, acting by and through its City Council, hereinafter called City, and New Image Landscape Company, a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

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 is shown in Exhibit A, entitled “Plans and Specifications,” which is incorporated herein by this reference.

The Contractor shall provide all labor, tools, and materials to do the work according to the

The following documents shall constitute the Contract Documents:
(a) This Contract, including all Exhibits
(b) Contractor’s accepted Proposal;
(c) Change Orders thereto;
(d) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2010 edition, Sections 10 through 95, all as modified herein;
(e) City of Vallejo Standard Specifications and Standard Drawings dated, December 20, 2011;
(f) Vallejo Flood & Wastewater District Engineering Design Standard, dated July 2020, and Engineering Standard Details, dated July 2020; (g) Any other documents identified as such in the Contract Documents.

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

The said Contractor agrees to receive and accept the prices set forth in the proposal in the annual amount of $199,968 with an annual maximum adjustment of 3% as measured by the Consumer Price Index for All Urban Consumers for the San Francisco-Oakland- Hayward area over the previous 12-month period for a maximum not to exceed One Million Three Hundred Sixty-One Thousand Six Hundred Fifty-Seven Dollars and Zero Cents ($1,361,657.00) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them.

City shall pay Contractor the sums set forth in Exhibit B, entitled “Compensation”, in accordance with all of the terms and conditions of the Contract Documents.

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.

5. Term. The term of this Contract shall commence on July 1, 2025 and shall continue in full force and effect until June 30, 2026.

If to City: Melissa Tigbao
Public Works Director
Public Works Department – LMD Region 4
555 Santa Clara Street
Vallejo, CA 94590
If to Contractor: Jeffrey Suzuki
General Manager
New Image Landscape Company
3250 Darby Common
Fremont, CA 94539
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.

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

SIGNATURES ARE ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year shown below the name of each of the parties.

New Image Landscape Company
A California corporation
By:

Jeffrey Suzuki
General Manager
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 CONTENT:

Melissa Tigbao, P.E.

Public Works Director
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager

EXHIBIT A

PLANS AND SPECIFICATIONS
SECTION A – DESCRIPTION OF PROJECT

1. Location: City of Vallejo

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

James Olson
Senior Landscape Inspector
Public Works Department
Engineering – LMD Region 4
555 Santa Clara Street
Vallejo, CA 94590
(707) 648-4315
[email protected]
The Contractor’s Representative for this Agreement is: