Agenda packet, regular meeting — Vallejo City Council, June 10, 2025 (part 4 of 15)

City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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Recommendations
The Reserve Fund balance for the District is adequately funded.

The following are recommendations to the City:
 Ensure the District Reserve Fund remains adequately funded.  Consider decreasing the assessment in the future provided the current level of service is unchanged and there are no unforeseen expenditures.

Somerset Highlands III
The Somerset Highlands Three Landscape Maintena nce District (District) serves a residential neighborhood located in northeast Vallejo. The District is fully developed.

Special District Features
 The District was formed in 1981.
 The District has 7 acres of native and ornamental ground cover, shrubbery and trees.
 The District has 4 acres of weed control.
 Weed control in open space areas assists in fire protection.  Ad Valorem rate per $100 of assessed valuation: Current Rate: $.144, Maximum Rate: $1.50.

Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Locust Drive, Ascot Parkway, Columbus Parkway, and Rock Springs Golf Course.

Improvements
The District maintains landscaped areas and weed control in the following areas:
 Landscape slope along the east and west side of Ascot Parkway.  Medians from just south of Hawksbury Drive to the intersection of Columbus  Parkway to the end of the sound wall along the north side of Columbus Parkway.  Strip of landscaping running along two hundred feet east of the intersection of Columbus and Ascot Parkways at the sound wall to the back of the curb.

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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 Interior slope beneath the power lines and slope overlooking the Blue Rock Springs Golf Course.

Financial Information
The Direct Costs of the District have not changed significantly from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).

The amounts identified as “Landscape Rehabilitation” or “Capital Projects” may be budgeted and spent each fiscal year as shown, or collected and held for the future in the Rehabilitation Fund.

The program can also draw from the Operating Reserve Fund as necessary if funds are in excess of six months of levy revenue. Replacement, rehabilitation or refurbishment of the improvements is an essential part of maintenance, but these projects and expenses will often impact the long- term financial stability of the District. Prior to the implementation of any rehabilitation plan, the City should closely evaluate the merits of the project.

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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Direct Costs 2025-26 Budget
Contract Maintenance Costs $9,756
Salaries & Benefits $15,145
Services & Supplies $1,733
Landscape Water $11,947
Utilities $180
Landscape Rehabilitation / Vandalism $12,500
Capital Projects $0
Total Direct Costs $51,261
Administration Costs
Administration & Overhead $7,002
County Administration Fees $0
Professional Fees $715
Total Administration Costs $7,717
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $58,978
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $77,665
Contribution (from) General Fund / Other Revenue ($4,141) Balance to Levy $132,502
District Statistics
Total Parcels 233
Total Parcels Levied 233
Anticipated Total Assessed Value / $100 $920,149.87
Proposed Rate per $100 of Assessed Value $0.144
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $132,501.58
Fund Balance Information
Beginning Operating Reserve Fund Balance $29,489.00
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $29,489.00
Beginning Rehabilitation Reserve Fund Balance $384,611.00 Rehabilitation Reserve Fund Adjustments $77,665.00
Anticipated Rehabilitation Reserve Fund Balance $462,276.00 Anticipated Total Ending Fund Balance $491,765.00
City of V allejo
Somerset Highlands III Landscape Maintenance District
Fund Number 0171 (#176)
Estimate of Cost

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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Recommendations
The Reserve Fund balance for the District is adequately funded.

The following are recommendations to the City:
 Ensure the District Reserve Fund is adequately funded.

Springtree
The Springtree Landscape Maintenance District (District) serves a residential neighborhood consisting of four developments located in northeast Vallejo. The District is fully developed.

Special District Features
 The District was formed in 1978 with one annexation in 1979.  The District has 1 acre of native and ornamental ground cover, shrubbery and trees  The District has 10 acres of weed control.
 Weed control in open space areas assists in fire protection.  Ad Valorem rate per $100 of assessed valuation: Current Rate: $.195, Maximum Rate:
$1.50.

Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Tuolumne Street, Guava Court, Platt and Wake Court, Pa rkview Terrace, Phoenix Circle and the water treatment fence line.

Improvements
The District maintains landscaping and weed control in the following areas:
 Landscaping along Tuolumne Street starting from Parkview Terrace, Public LMD behind lot 7, ending at the intersection of Phoenix Circle.
 South side of Tuolumne Street beginning at Ridgeview Drive and ending at the rear of lot 8 at Guava Court.
 Behind the residences along the south side of Mitchell Court and Riverview Drive.  Open space bounded by Platt and Wake Court and Parkview Terrace and the water treatment plant fence line.
 Public LMD on the north side of Amber Avenue, south side adjoining the park.

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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 Public LMD situated below Phoenix Circle from lots 27-42 and behind the homes on Pepper Avenue.

Capital projects include remove and replace landscape and irrigation to keep up with current standards.

Financial Information
The Direct Costs of the District have not significantly changed from fiscal year 2024-2025 to fiscal year 2025-2026. The proposed assessment is belo w the maximum rate and is considered an exempt assessment pursuant to Californian Constitution Article XIIID Section 5(b).

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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Direct Costs 2025-26 B udget
Contract Maintenance Costs $26,640
Salaries & Benefits $25,478
Services & Supplies $2,915
Landscape Water $10,000
Utilities $1,200
Landscape Rehabilitation / Vandalism $20,000
Capital Projects $0
Total Direct Costs $86,233
Administration Costs
Administration & Overhead $11,778
County Administration Fees $0
Professional Fees $940
Total Administration Costs $12,718
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $98,951
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $86,932
Contribution (from) General Fund / Other Revenue ($15,184) Balance to Levy $170,699
District Statistics
Total Parcels 297
Total Parcels Levied 297
Anticipated Total Assessed Value / $100 $875,377.71
Proposed Rate per $100 of Assessed Value $0.195
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $170,698.65
Fund Balance Information
Beginning Operating Reserve Fund Balance $49,475.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $49, 475.50
Beginning Rehabilitation Reserve Fund Balance $1,468,915.50 Rehabilitation Reserve Fund Adjustments $86,931.56
Anticipated Rehabilitation Reserve Fund Balance $1,555,847.06 Anticipated Total Ending Fund Balance $1,605,322.56
City of Vallejo
Springtree Landscape Maintenance District
Fund Number 0192 (#172)
Estimate of Cost

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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Recommendations
The Reserve Fund balance for the District is adequately funded.

Summit II
The Summit Two Landscape Maintenance District (District) serves a residential neighborhood made from two subdivisions located in northeast Vallejo. The District is fully developed.

Special District Features
 The District was formed in 1978 with one annexation in 1979.  The District has 3.5 acres of weed control.
 Weed control in open space areas assists in fire protection.  Ad Valorem rate per $100 of assessed valuation: Current Rate: $.095, Maximum Rate:
$1.50.

Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Hillview Drive, Sunrise Way and the P.G. & E. towers.

Improvements
The District maintains landscaping and weed control in the following areas:
 Remove the hazardous tree conditions behind the homes on Hillview and Sunrise Drive.  Improve the fire protection grass control under the PGE power lines.

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

Page 48 ends

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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Direct Costs 2025-26 Budget
Contract Maintenance Costs $6,504
Salaries & Benefits $5,067
Services & Supplies $580
Landscape Water $0
Utilities $0
Landscape Rehabilitation / Vandalism $5,000
Capital Projects $0
Total Direct Costs $17,151
Administration Costs
Administration & Overhead $2,343
County Administration Fees $0
Professional Fees $293
Total Administration Costs $2,636
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $19,787
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $39,328
Contribution (from) General Fund / Other Revenue ($4,719) Balance to Levy $54,396
District Statistics
Total Parcels 171
Total Parcels Levied 171
Anticipated Total Assessed Value / $100 $572,584.31
Proposed Rate per $100 of Assessed Value $0.095
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $54,395.51
Fund Balance Information
Beginning Operating Reserve Fund Balance $9,893.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $9,893.50
Beginning Rehabilitation Reserve Fund Balance $462,015.50 Rehabilitation Reserve Fund Adjustments $39,328.00
Anticipated Rehabilitation Reserve Fund Balance $501,343.50 Anticipated Total Ending Fund Balance $511,237.00
City of Vallejo
Summit II Landscape Maintenance District
Fund Number 0188 (#164)
Estimate of Cost

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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Recommendations
The Reserve Fund balance for the District is adequately funded.

Town & Country
The Town & Country One Landscape Maintenance District (District) se rves a residential neighborhood located in northwest Vallejo. The District is fully developed.

Special District Features
 The District was formed in 1980.
 The District has 1.5 acres of ornamental shrubbery and trees.  Weed control assists in fire protection.
 Ad Valorem rate per $100 of assessed valuation: Current Rate: $.150, Maximum Rate:
$1.50.

Boundaries
The District lies within the City of Vallejo, generally located within the area bounded by Fairgrounds Drive, Marine World Parkway fence, and the North Vallejo Community Park Ball Field.

Improvements
The District maintains landscaping and weed control in the following areas:
 Slope on Fairgrounds Drive from Marine World Parkway fence to the North Vallejo Community Park Ball Field.
 Walkway from Basalt down to the North Vallejo Community Park Ball Field.

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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Direct Costs 2025-26 Budget
Contract Maintenance Costs $13,440
Salaries & Benefits $8,739
Services & Supplies $1,000
Landscape Water $1,000
Utilities $400
Landscape Rehabilitation / Vandalism $5,000
Capital Projects $0
Total Direct Costs $29,579
Administration Costs
Administration & Overhead $4,040
County Administration Fees $0
Professional Fees $298
Total Administration Costs $4,338
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $33,917
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $21,284
Contribution (from) General Fund / Other Revenue ($1,762) Balance to Levy $53,439
District Statistics
Total Parcels 124
Total Parcels Levied 124
Anticipated Total Assessed Value / $100 $356,261.97
Proposed Rate per $100 of Assessed Value $0.150
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $53,439.30
Fund Balance Information
Beginning Operating Reserve Fund Balance $16,958.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $16,958.50
Beginning Rehabilitation Reserve Fund Balance $159,257.50 Rehabilitation Reserve Fund Adjustments $21,284.00
Anticipated Rehabilitation Reserve Fund Balance $180,541.50 Anticipated Total Ending Fund Balance $197,500.00
Estimate of Cost
City of V allejo
Town & Country 1 Landscape Maintenance District
Fund Number 0122 (#165)

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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Recommendations
The Reserve Fund balance for the District is adequately funded.

Woodridge
The Woodridge Landscape Maintenance District (District) serves a residential neighborhood located in northeast Vallejo. The District is fully developed.

Special District Features
 The District was formed in 1977.
 The District has 6 acres of native and ornamental ground cover, shrubbery and trees.  The District has 11 acres of weed control.
 Weed control in open space areas assists in fire protection.  Ad Valorem rate per $100 of assessed valuation: Current Rate: $.071, Maximum Rate:
$1.50.

Boundaries
The District lies within the City of Vallejo, made up of several islands as generally located within the area bounded by Tennessee Street and Oakwood; Masonic Drive and Oakwood; Evergreen, Parhaven Court and Temple; Woodson Way, Blue Bird, Robin Courts, Skyline Drive and Blue Rock Springs Corridor.

Improvements
The District maintains landscaping and weed control in the following areas:
 Landscaped slope along the north side of Tennessee Street behind Lain Court.  Island at the corner of Tennessee and Oakwood, the easement directly west of the island and behind the homes of Bridge Court.
 Easement off Evergreen Way on the south side bounded by the rear yard fences of Curtis and Springbrook.

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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 Easement open space up slope of Evergreen and behind Park Haven Court and down slope of Temple.
 Open space between Masonic Drive and Oakwood just south of Justin Court.  Open space above Woodson Way and below Blue Bid and Robin Courts.  The rear slope of Wood Court, Skyline Drive, and Masonic Court above Blue Rock Springs Corridor including the eucalyptus grove to within one hundred feet of the creak at high stage.
 Slope behind Creekview, Glenview, and the open space entrance to the rear slope and frontage along the creek behind the private frontage road along Redwood.  The islands of Redwood and the frontage landscaping from just west of Foothill to Doncaster on the north side and 500 feet west of Topley on the south side.

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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Direct Costs 2025-26 Budget
Contract Maintenance Costs $13,008
Salaries & Benefits $19,050
Services & Supplies $2,179
Landscape Water $10,000
Utilities $240
Landscape Rehabilitation / Vandalism $20,000
Capital Projects $0
Total Direct Costs $64,477
Administration Costs
Administration & Overhead $8,807
County Administration Fees $0
Professional Fees $567
Total Administration Costs $9,374
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $73,851
Cont ribut ion t o / (f rom ) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $36,512
Contribution (from) General Fund / Other Revenue ($5,571) Balance to Levy $104,792
District Statistics
Total Parcels 449
Total Parcels Levied 449
Anticipated Total Assessed Value / $100 $1,475,948.06
Proposed Rate per $100 of Assessed Value $0.071
Maximum Rate per $100 of Assessed Value $1.50
Total Assessment Levy $104,792.31
Fund Balance Information
Beginning Operating Reserve Fund Balance $36,925.50
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $36,925.50
Beginning Rehabilitation Reserve Fund Balance $520,135.50 Rehabilitation Reserve Fund Adjustments $36,512.00
Anticipated Rehabilitation Reserve Fund Balance $556,647.50 Anticipated Total Ending Fund Balance $593,573.00
City of Vallejo
Woodridge Landscape Maintenance District
Fund Number 0118 (#174)
Estimate of Cost

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City of Vallejo
Landscape Maintenance Districts
Overview Report, FY 2025-2026

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Recommendations
The Reserve Fund balance for the District is adequately funded.

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CONSENT CALENDAR 8.K.

DATE: June 10, 2025
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT WITH ANSELMO DISTRIBUTING DBA ANSELMO SERVICES FOR THE WATER DEPARTMENT’S FIREBREAK MAINTENANCE SERVICES FOR A NOT-TO-EXCEED AMOUNT OF $200,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME.

RECOMMENDATION
Adopt a resolution approving a First Amendment to the Professional Services Agreement with Anselmo Distributing DBA Anselmo Services for the Vallejo Water Department’s firebreak maintenance services with a not-to-exceed amount of $200,000 and authorize the City Manager to execute the same.

REASONS FOR RECOMMENDATION
Approval of the First Amendment to the Professional Services Agreement with Anselmo Distributing DBA Anselmo Services will provide for continued resources to deploy specialized heavy equipment for the purposes of creating firebreaks in the watershed areas for which the Vallejo Water Department is responsible.

These services include equipment mobilization, weed abatement, culvert clean-out, and other firebreak-related work to ensure City-owned sites such as the water treatment plants, water reservoirs, pump stations, water tanks, and lakes do not suffer any structural damage associated with wildfires as well as protect access to these sites through existing roadways.

BACKGROUND AND DISCUSSION
The peak fire season in Northern California generally begins in June and runs through the summer months into the autumn season, ending in late October or November. During the fire season, the chance of wildfires dramatically increases and preventative measures must be taken in advance to help reduce the possibility of a wildfire starting. Defensible spaces must be created around structures to safeguard City of Vallejo-owned sites and assets. One of the most proven methods in safeguarding properties is maintaining a 5-foot ember- resistant zone around a designated perimeter by removing flammable vegetation or materials. This is typically done with disking equipment, especially in areas with grassy vegetation and where fuel loads are high. By turning over the soil and burying combustible material, disking helps to create a bare zone that can act as a barrier against fire spread. In addition to the work associated with the safeguard of the ember-resistant zone, maintaining 100 feet of defensible space around a property by trimming trees, cutting grasses, and removing dead vegetation is another work effort that is required, As the water department has neither the necessary staffing nor the equipment for this work, Anselmo Distributing DBA Anselmo Services is equipped and staffed with dedicated resources to deliver these timely and essential fire safety outcomes.

The City understands the risks to these properties and their associated structures by utilizing the professional services of Anselmo Services to perform firebreak disking services around the property assets including but not limited to the water treatment plants, water reservoirs, pump stations, water tanks, and lakes but also recognizes that the risks of not having the work performed poses much graver and likely risk.

In July of 2023, the City of Vallejo Water Department entered into a Professional Services Agreement with

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Date: June 10, 2025
Subject: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH ANSELMO DISTRIBUTING DBA ANSELMO SERVICES FOR THE WATER DEPARTMENT’S FIREBREAK
MAINTENANCE SERVICES FOR A NOT-TO-EXCEED AMOUNT OF $200,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME.

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Anselmo Distributing DBA Anselmo Services through a Professional Services Agreement for a $100,000 not- to-exceed limit for one (1) year but with provisions to allow extending the agreement up to five (5) years.

Anselmo Services has performed the firebreak services to the satisfaction of the Water Department Facilities Division and has approached the $100,000 not-to-exceed limit threshold. The Vallejo Water Department is seeking to amend the Professional Services Agreement to a not-to-exceed limit of $200,000 (a $100,000 increase) to perform the disk perimeter firebreak services before the incoming peak wildfire season. It is in the best interest of the City to continue and utilize Anselmo Distributing DBA Anselmo Services as they demonstrate reliable services and have familiarity with the terrain and parameters of working in this specific area associated with the City of Vallejo-owned sites.

During the 2025-2026 fiscal year, the City of Vallejo Water Department will initiate a new RFP to solicit bids from additional vendors for disking perimeter firebreaks that account for the increase in goods and services as well as the annual and semi-annual work to be performed on City-owned sites.

FISCAL IMPACT
This First Amendment Agreement is for a not-to-exceed amount of $200,000 (a $100,000 increase from the Professional Services Agreement amount); the Water Enterprise Fund has sufficient funds in Fiscal Year 2024-2025 to cover the contract increase. There is no fiscal impact on the General Fund associated with this First Amendment agreement.

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

ATTACHMENTS

1. Anselmo - Reso for First Amendment to Professional Services Agreement_24WD013 CAO Stamp

2. Anselmo - First Amendment to Professional Services Agreement_24WD013 CAO Stamp

3. Anselmo - COI Exp 03162026

4. Anselmo - WC COI Exp 03012026

5. Anselmo - AL COI Exp 03012026

6. Anselmo - Blanket AI

7. Anselmo - Blanket WOS

8. Anselmo - WC Blanket WOS

9. Anselmo - Professional Services Agreement 24-WD013_Fully Executed

CONTACT
Beth Schoenberger, Water Director 707-648-5439
[email protected]

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Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 25-________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO APPROVE A

FIRST AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES

AGREEMENT WITH ANSELMO DISTRIBUTING DBA ANSELMO SERVICES FOR DISK PERIMETER FIREBREAK SERVICES FOR A NOT-TO-EXCEED AMOUNT OF $200,000 AND AUTHORIZE THE CITY MANGER TO EXECUTE THE SAME.

WHEREAS, the City of Vallejo Water Department has numerous sites and assets that are at risk of sustaining structural damage and loss of accessibility to these critical locations because of wildfires near the site’s location; and
WHEREAS, the water treatment plants, water reservoirs, pump stations, water tanks, and lakes are surrounded by various types of vegetation that when entering the summer months will become dry and combined with high heat and high winds can act as a catalyst in any given area; and WHEREAS, the City of Vallejo and Anselmo Distributing DBA Anselmo Services executed a one- year contract in July 2023 with the option to extend for four additional years, for an amount not- to-exceed $100,000 for disk perimeter firebreak services; and WHEREAS, seasonal growth of vegetation surrounding the various City of Vallejo-owned sites is once again needed to protect these locations but the current Professional Services Agreement with Anselmo Distributing DBA Anselmo Services has reached the $100,000 not-to-exceed limit; and
WHEREAS, a first amendment agreement is necessary to increase the not-to-exceed amount to $200,000.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the First Amendment to the Consultant and Professional Services Agreement with Anselmo Distributing DBA Anselmo Services, for the disk perimeter firebreak services to increase the total amount of the contract to a not-to-exceed amount of $200,000 and authorize the City Manager to execute the same.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on June 10, 2025, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________

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

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First Amendment to Agreement Between City of Vallejo and Anselmo Distributing DBA Anselmo Services Page 1 of 3 (Revised 01.2019)
Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO THE

CONSULTANT AND PROFESSIONAL SERVICES

AGREEMENT BETWEEN

CITY OF VALLEJO
AND

ANSELMO DISTRIBUTING DBA ANSELMO SERVICES
This First Amendment (the “First Amendment”) to the Consultant and Professional Services Agreement executed by the City of Vallejo on April 8, 2022 (the “Agreement”), between Anselmo Distributing, a California corporation, DBA Anselmo Services, (“the “Vendor”), and the City of Vallejo, a municipal corporation, (the ”City”), is made and entered into on this 28th day of April 2025.

Vendor and City do mutually agree as follows:

1. Amendment of Exhibit B “Compensation.” Paragraph 1.A of Exhibit B Compensation of the Agreement is hereby amended to read as follows:

A. Services: City agrees to pay Vendor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not-to-exceed amount of Two Hundred Thousand Dollars and Zero Cents ($200,000.00).

2. Revised Term of the Agreement. As of the date of this First Amendment, the term of the Agreement is extended to and shall expire on June 30, 2026. The City has the discretion to extend the term of the Agreement for an additional one year in a one- year interval by notifying the Vendor in writing.

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

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

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

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First Amendment to Agreement Between City of Vallejo and Anselmo Distributing DBA Anselmo Services Page 2 of 3 (Revised 01.2019)

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

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

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First Amendment to Agreement Between City of Vallejo and Anselmo Distributing DBA Anselmo Services Page 3 of 3 (Revised 01.2019)
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.

ANSELMO DISTRIBUTING,
a California corporation,

DBA ANSELMO SERVICES
BY:

JEFFERY ANSELMO
CEO
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

ANDREW J MURRAY
City Manager
DATE:

ATTEST:

DAWN G ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:

BETH SCHOENBERGER
Water Director
APPROVED AS TO FORM:

For
VERONICA A.F. NEBB
City Attorney
APPROVED AS TO INSURANCE:

ARMOND SARKIS
Risk Manager

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

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

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

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

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5/8/2025
Acrisure Partners West Coast Insurance Services, LLC
1950 W. Corporate Way #1
Anaheim, CA 92801
Certificate Department
925-686-2860
925-686-6118
[email protected]
License#: 6009644
Kinsale Insurance Company
38920
ANSEDIS-01
Evanston Insurance Company
35378
Anselmo Distributing
dba: Anselmo Services
4160 Suisun Valley Rd Ste E760
Fairfield CA 94534
519228705
A
X
1,000,000
X
100,000
1,000,000
2,000,000
X
Y
Y
0100231367-2
3/16/2025
3/16/2026
2,000,000
A
X
X
1,000,000
Y
0100231553-2
3/16/2025
Y
3/16/2026
1,000,000
A
B
Rented/Leased Equipment
Pollution Liability
Y
0100231078-2
CPLMOL124588
3/16/2025
6/26/2024
3/16/2026
6/26/2025
Limit:

Each Loss/Aggregate:
$100,000
$1,000,000
The General Liability Policy includes Automatic Additional Insured status, Primary Non-Contributory, Designated Construction Project General Aggregate, Leased Equip. and Waiver of Subrogation if required by written contract/agreement/permit; Umbrella policy is following form.

RE: Disking various city owned properties City of Vallejo are Additional Insured on the Pollution Liability per the attached endorsement.

City of Vallejo
202 Fleming Hill Rd
Vallejo CA 94589

Page 384 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED

OPERATIONS
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100231367-2 03/16/2025 12:01AM at the Named
Insured address shown on the Declarations
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name of Additional Insured Person(s) or Organization(s) Location and Description of Completed Operations Blanket, as required by written contract, executed prior to the start of work on the project.

Locations as required and specified by written contract, executed prior to the start of work on the project.

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

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

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

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

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

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

1.Required by the contract or agreement; or

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

This endorsement shall not increase the
applicable limits of insurance.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CG 20 37 12 19 Page 1 of 1© Insurance Services Office, Inc., 2018

Page 385 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON

OR ORGANIZATION
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100231367-2 03/16/2025 12:01AM at the Named
Insured address shown on the Declarations
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Additional Insured Person(s) or Organization(s) Location(s) of Covered Operations Blanket, as required by written contract, executed prior to the start of work on the project.

Locations as required and specified by written contract, executed prior to the start of work on the project.

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

1.Your acts or omissions; or

2.The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.

However:

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

B.With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1.All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2.That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.

CG 20 10 12 19 Page 1 of 2© Insurance Services Office, Inc., 2018

Page 386 of 1999 ends

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

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

1.Required by the contract or agreement; or

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

This endorsement shall not increase the
applicable limits of insurance.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CG 20 10 12 19 Page 2 of 2© Insurance Services Office, Inc., 2018

Page 387 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC STATUS WHEN

REQUIRED IN LEASE AGREEMENT WITH YOU
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100231367-2 03/16/2025 12:01AM at the Named
Insured address shown on the Declarations
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured is amended to
include as an additional insured any person(s) or
organization(s) from whom you lease equipment
when you and such person(s) or organization(s)
have agreed in writing in a contract or agreement
that such person(s) or organization(s) be added
as an additional insured on your policy. Such
person(s) or organization(s) is an insured only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by your
maintenance, operation or use of equipment
leased to you by such person(s) or
organization(s).

However, the insurance afforded to such
additional insured:

1.Only applies to the extent permitted by law;
and

2.Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

A person's or organization's status as an
additional insured under this endorsement ends
when their contract or agreement with you for
such leased equipment ends.

B.With respect to the insurance afforded to these
additional insureds, this insurance does not apply
to any "occurrence" which takes place after the
equipment lease expires.

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

The most we will pay on behalf of the additional
insured is the amount of insurance:

1.Required by the contract or agreement you
have entered into with the additional insured;
or

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

This endorsement shall not increase the
applicable limits of insurance.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CG 20 34 12 19 Page 1 of 1© Insurance Services Office, Inc, 2018

Page 388 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT - MANAGERS OR

LESSORS OF PREMISES
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100231367-2 03/16/2025 12:01AM at the Named
Insured address shown on the Declarations
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
A. SECTION II - WHO IS AN INSURED is amended to include any person or organization you are required by written contract to add as an Additional Insured on this Policy, but:

1.Only if such written contract was executed prior to the “bodily injury” or “property damage” and is in effect at the time the “bodily injury” or “property damage” occurs; and

2.Only with respect to such person or organization’s vicarious liability for “bodily injury” or “property damage” as manager or lessor of that part of the premises leased to you; and

3.Solely for liability caused by the ownership, maintenance or use of that part of the premises leased to you by such person or organization.

However:

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

2.Will not be broader than that which you are required by the written contract to provide for such Additional Insured.

B.With respect to the insurance afforded to the Additional Insured, the following additional exclusions apply:

1.This insurance does not apply to:
a.Any “occurrence” which takes place after you cease to be a tenant in that premises; b.Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Insured; or
c.Any “bodily injury”, “property damage” or “personal and advertising injury” arising out of:
(1)The sole negligence of the Additional Insured or any employees of the Additional Insured; or (2)Any obligation of the Additional Insured to indemnify another because of damages arising out of such injury or damage.

2.Where there is no duty to defend the Named Insured, there is no duty to defend the Additional Insured. Where there is no duty to indemnify the Named Insured, there is no duty to indemnify the Additional Insured.

C.With respect to the insurance afforded to the Additional Insured, the following is added to SECTION III – LIMITS OF INSURANCE:

The most we will pay on behalf of the Additional Insured is the amount of insurance:

1.Required by the written contract; or
CAS5017 0420 Page 1 of 2

Page 389 of 1999 ends

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

This endorsement shall not increase the applicable limits of insurance.

D.Duties of the Additional Insured in the event of an “occurrence”, offense, claim or “suit”:

1.The Additional Insured must promptly give notice of an “occurrence”, an offense which may result in a claim, a claim which is made, or, a “suit” to any other insurer which has insurance for a loss to which this insurance may apply.

2.The Additional Insured must promptly tender the defense of any claim made or “suit” to any other insurer which also issued insurance to the Additional Insured as a Named Insured or to which the Additional Insured may qualify as an Additional Insured for a loss to which this insurance may apply.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS5017 0420 Page 2 of 2

Page 390 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT - MORTGAGEE,

ASSIGNEE, OR RECEIVER
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100231367-2 03/16/2025 12:01AM at the Named
Insured address shown on the Declarations
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

1.Only if such written contract was executed prior to the “bodily injury” or “property damage” and is in effect at the time the “bodily injury” or “property damage” occurs; and

2.Only with respect to such person or organization’s vicarious liability for “bodily injury” or “property damage” as mortgagee, assignee, or receiver; and

3.Solely for liability caused by the ownership, maintenance or use of the premises by you and for which such person or organization is mortgagee, assignee, or receiver.

However:

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

2.Will not be broader than that which you are required by the written contract to provide for such Additional Insured.

B. With respect to the insurance afforded to the Additional Insured, the following additional exclusion applies:

1.This insurance does not apply to any structural alterations, new construction or demolition operations performed by or for the Additional Insured.

C.With respect to the insurance afforded to the Additional Insured, the following is added to SECTION III – LIMITS OF INSURANCE:

The most we will pay on behalf of the Additional Insured is the amount of insurance:

1.Required by the written contract; or

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

This endorsement shall not increase the applicable limits of insurance.

CAS5016 0420 Page 1 of 2

Page 391 of 1999 ends

D.Duties of the Additional Insured in the event of an “occurrence”, claim or “suit”:

1.The Additional Insured must promptly give notice of an “occurrence” which may result in a claim, a claim which is made, or, a “suit” to any other insurer which has insurance for a loss to which this insurance may apply.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS5016 0420 Page 2 of 2

Page 392 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100231367-2 03/16/2025 12:01AM at the Named
Insured address shown on the Declarations
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE

ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE

PRODUCTS POLLUTION LIABILITY COVERAGE

PREMISES ENVIRONMENTAL LIABILITY INSURANCE COVERAGE

ENVIRONMENTAL COMBINED LIABILITY POLICY - ALL COVERAGE PARTS The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS5003 0717 Page 1 of 1

Page 393 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY LIMITATION - AMENDED AGGREGATE PER PROJECT OR LOCATION Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100231367-2 03/16/2025 12:01AM at the Named
Insured address shown on the Declarations
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

SCHEDULE
General Aggregate applies to EACH LOCATION in the amount of:

Total ALL LOCATIONS Aggregate Limit:

General Aggregate applies to EACH PROJECT in the amount of: $2,000,000 Total ALL PROJECTS Aggregate Limit: $6,000,000
SECTION III – LIMITS OF INSURANCE – 2, is amended by the addition of the following:
d. The General Aggregate Limit applies separately to each "project" of the Named Insured or to each “location” of the Named Insured as indicated in the Schedule above.

Notwithstanding the application of the General Aggregate Limit to each "project" or each “location” of the Named Insured, under no circumstances will we pay more than the TOTAL ALL LOCATIONS AGGREGATE LIMIT or the TOTAL ALL PROJECTS AGGREGATE LIMIT shown in the Schedule above for all claims arising out of all “locations” or all “projects” as applicable under this policy.

The following are added to the DEFINITIONS section of this policy:
"Project" means all work done by you or on your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, change orders or work done at multiple locations under one contract are not separate "projects" within the meaning of this coverage.
"Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS4005 0310 Page 1 of 1

Page 394 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED- STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR

POLITICAL SUBDIVISION PERMITS - BLANKET
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100231367-2 03/16/2025 12:01AM at the Named
Insured address shown on the Declarations
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE
A. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured, any state or governmental agency or subdivision or political subdivision that has issued a permit for your operations, when it is required as a condition of such permit that the state or governmental agency or subdivision or political subdivision be named as an Additional Insured on this Policy, but only with respect to vicarious liability imposed on the Additional Insured as a result of those operations performed by you or on your behalf for which the state or political subdivision has issued the permit.

However:

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

2.Will not be broader than that which you are required, as a condition of the permit, to provide for such Additional Insured.

B.With respect to the insurance afforded to these Additional Insureds, the following additional exclusions apply:

This insurance does not apply to any:

1.“Bodily injury”, “property damage” or “personal and advertising injury” arising out of operations performed for the state or municipality;

2.“Bodily injury” or “property damage” included within the “products-completed operations hazard”;

3.“Bodily injury”, “property damage” or “personal and advertising injury” arising out of the sole negligence of the Additional Insured or employees of the Additional Insured; or

4.“Bodily injury”, “property damage” or “personal and advertising injury” to any employee of the Named Insured or to any obligation of the Additional Insured to indemnify another because of damages arising out of such injury or damage.

C.A state or political subdivision’s status as an Additional Insured under this endorsement ends when “your work” under such permit is completed.

D.With respect to the insurance afforded to the Additional Insured, the following is added to SECTION III – LIMITS OF INSURANCE:

The most we will pay on behalf of the Additional Insured is the amount of insurance:

1.Required as a condition of the permit; or

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

CAS5018 0420 Page 1 of 2

Page 395 of 1999 ends

This endorsement shall not increase the applicable limits of insurance.

E.Duties of the Additional Insured in the event of “occurrence”, offense, claim or “suit”:

1.The Additional Insured must promptly give notice of an “occurrence” an offense which may result in a claim, a claim which is made or a “suit”, to any other insurer which has insurance for a loss to which this insurance may apply.

2.The Additional Insured must promptly tender the defense of any claim made or “suit” to any other insurer which also issued insurance to the Additional Insured as a Named Insured or to which the Additional Insured A. may qualify as an Additional Insured for a loss to which this insurance may apply.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS5018 0420 Page 2 of 2

Page 396 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF

SUBROGATION) - AUTOMATIC
Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100231367-2 03/16/2025 12:01AM at the Named
Insured address shown on the Declarations
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery against any person or
organization, because of any payment we make
under this Coverage Part, to whom the insured has
waived its right of recovery in a written contract or
agreement. Such waiver by us applies only to the
extent that the insured has waived its right of
recovery against such person or organization prior to
loss.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CG 24 53 12 19 Page 1 of 1© Insurance Services Office, Inc, 2018

Page 397 of 1999 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Page 1 of 1 ends

EVANSTON INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – SPECIFIED PERSON(S) OR ORGANIZATION(S) This endorsement modifies insurance provided under the following:

CONTRACTOR’S POLLUTION LIABILITY COVERAGE FORM
With respect to coverage provided under this endorsement only, the following is added under Section III – Who Is An Insured:

Each of the following is an insured under all Insuring Agreements and Supplementary Payments:

The Person(s) Or Organization(s) shown in the Schedule of this endorsement, provided you have agreed to provide additional insured status in a written contract or agreement that was executed prior to the:

1. Commencement of “your work”; and

2. Date the “pollution conditions” first commenced.

The Person(s) Or Organization(s) shown in the Schedule of this endorsement is an insured only with respect to "bodily injury", "property damage", or “cleanup costs” caused by a “pollution condition” for which such Persons(s) Or Organization(s) is liable because of "your work". There is no coverage under this insurance for any “claims” arising out of the sole negligence of such Person(s) Or Organization(s).

However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law;
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and
c. Is limited to the lesser of the Limits Of Insurance shown in the Declarations or the amount required by the written contract or agreement.

All other terms and conditions remain unchanged.

SCHEDULE

ENVIRONMENTAL
POLICY NUMBER: CPLMOL124588
Person(s) Or Organization(s): City of Vallejo 202 Fleming Hill Rd Vallejo CA 94589

Page 398 of 1999 ends

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
02/19/2025
Automatic Data Processing Insurance Agency, Inc.
1 Adp Boulevard
Roseland NJ 07068
Automatic Data Processing Insurance Agency, Inc.
1-800-524-7024
Anselmo Distributing
DBA: DBA Anselmo Services
4949 Suisun Valley Road
Fairfield CA 94534
Employers Preferred Insurance Company 10346
4137700
A Y N EIG495268503 03/01/2025 03/01/2026 1,000,000
1,000,000
1,000,000
City of Vallejo, Attn: Water Dept/ Fred Mayo
202 Fleming Hil Rd
Vallejo CA 94589

Page 399 of 1999 ends

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5/19/2025
Reliance Insurance Brokers
140 Mayhew Way #201
Pleasant Hill
CA
94523
Scott Lechman
(925) 378-2800
[email protected]

ANSELMO DISTRIBUTING

DBA ANSELMO SERVICES
4160 Suisun Valley Rd Ste E760
Fairfield
CA
94534-4016

CALIFORNIA AUTOMOBILE INS CO
38342
A
✘
BA040000093052
03/16/2025
03/16/2026
1,000,000
City Of Vallejo
202 Fleming Hill Rd
Vallejo, CA 94589

Page 400 of 1999 ends

MCA20480711
BABAI01#Insured#George Lee George Lee George Lee George Lee George Lee George Lee George Lee George Lee THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

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

The following is added to the Section II - Liability Coverage, Paragraph A.1. Who Is An Insured Provision:

Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II.

Page 401 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF SUBROGATION

This endorsement modifies insurance provided under the following:

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

SECTION IV – BUSINESSS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, the following is added:

We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any “accident” or “loss”, provided that the “accident” or “loss” arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.

MCA04440913

Page 402 of 1999 ends

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICYWC 04 03 06(Ed. 4-84) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effectivePolicy No. Endorsement No.Issued toPremium By:

Carrier Code
(Ed. 4-84)
Authorized RepresentativeCountersigned aton
at 12:01 AM standard time, forms a part ofOf the
WC 04 03 06© 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.

Schedule Person or Organization Job Description WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIAWe have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.The additional premium for this endorsement shall be _____% of the California workers' compensation premium otherwise due on such remuneration.

With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2 This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation 03/01/2025EIG 4952685 03ANSELMO DISTRIBUTING $16,316 00920EMPLOYERS PREFERRED INS. CO.

Page 403 of 1999 ends

Jul 19, 2023 11:11 AM, 1122688390
Contract and Routing Form
Date Originated:

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Water Department, Distribution Maintenance Staff Contact: Fernando Jimenez, [email protected] Contract Type: Professional Services Agreement
Vendor: Anselmo Services Vendor Number:104346
Business License Number: 11715800
Contract Not to Exceed Amount: 100000.00
Contract Start Date: Jul 01, 2023 End Date: Jun 30, 2024 Option to Extend: Intervals of one (1) year, not to exceed five (5) years Authority to Contract: City Manager
Other Comments:

Anselmo Services is requested to perform a number of disking and fire break work located at multiple City of Vallejo - Water Department assets/sites to prevent any catastrophic events created as a result of vegetation catching on fire based on the State of California entering into the fire season of high temperature, high winds, and dry uncut vegetation.

Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Insurance
I have uploaded additional files.No
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80 24-WD013

Page 404 of 1999 ends

Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager

Finance Department

City Attorney

City Manager

City Clerk

Return executed contract to: Fernando Jimenez
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80 7/20/2023
7/20/2023
7/21/2023
7/21/2023
7/22/2023
7/22/2023

Page 405 of 1999 ends

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Professional Services Agreement (Revised 01.2019) Page 1 of 10

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement ("A greement") is made at Vallejo, California, dated for reference this 1
st day of July, 2023, by and between the City
of Vallejo, a municipal corporation ("City"), and Anselmo Disking , DBA Anselmo Services, hereinafter referred to as “Vendor”, who agree as follows:

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

2. Payment. Cite manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Vendor for services rendered pursuant to this Agreement.

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

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

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

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

6. Accident Reports. Vendor shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

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Professional Services Agreement (Revised 01.2019) Page 2 of 10 occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum:
(a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.

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

8. Independent Contractor. Vendor is an independent contractor . Neither Vendor nor any of Vendor’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Vendor only insofar as the results of Vendor’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Vendor accomplishes services pursuant to this Agreement.

9. Licences, Permits, Etc. Vendor represents and warrants to C ity that all Vendor services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Vendor has all the permits, qualifications and approvals of whatsoever nature which are legally required for Vendor to practice its profession.

Vendor represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Vendor to practice its profession.

10. Business License. Vendor, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

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Professional Services Agreement (Revised 01.2019) Page 3 of 10 maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Vendor until such business license(s) has been obtained.

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

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

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

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

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

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

In the event that the Vendor is unable to meet the completion date or schedule of services, Vendor shall immediately inform the City Representative of this in writing.

If additional time is required to perform the work , the C ity Representative may adjust the schedule.

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Professional Services Agreement (Revised 01.2019) Page 4 of 10

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

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

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

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

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

16. Term. The term of this Agreement shall commence on July 1, 2023 and shall continue in full force and effect until June 30, 2024.

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

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

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

17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

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Professional Services Agreement (Revised 01.2019) Page 5 of 10 the services to be provided under this Agreement by giving notice to Vendor. Upon receipt of a notice of termination, Vendor shall perform no further work except as specified in the notice. Before the date of termination, Vendor shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

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

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

Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (200 2) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

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

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

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Professional Services Agreement (Revised 01.2019) Page 6 of 10

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

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

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

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

22. Non-Discrimination/Fair Employment Practices.

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

Vendor warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.

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

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

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Professional Services Agreement (Revised 01.2019) Page 7 of 10 (b) Vend
or agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.

23. Notices.

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

If to City: B
eth Schoenberger
Water Director
City of Vallejo – Water Department
202 Fleming Hill Road
Vallejo, CA 94589
If to Vendor:

Jeffery Anselmo
Anselmo Distributing, DBA Anselmo
Services
4160 Suisun Valley Road
Suite E760
Fairfield, CA 94534
Any p
arty may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

Routine
administrative communications shall be made pursuant to section 1 of Exhibit A.

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

25. Severab
ility Clause. Should any provision of this A greement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

26. Law G
overning. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

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Professional Services Agreement (Revised 01.2019) Page 8 of 10 consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

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

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

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

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

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

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

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

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

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

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Professional Services Agreement (Revised 01.2019) Page 9 of 10

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

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

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

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

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 417 of 1999 ends

Professional Services Agreement (Revised 01.2019) Page 10 of 10 IN W
ITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

ANSELMO DISTRIBUTING,
a California Corporation, DBA ANSELMO

SERVICES
By:

Jeffery Anselmo
CEO
DATE:
11715800
Vallejo Business License No.
(City
Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Mike Malone
City Manager
DATE:

ATTEST:

By:

Dawn G Abrahamson
City Clerk

APPROVED
AS TO CONTENT:

By:

Beth Schoenberger
Water Director

APPROVED
AS TO FORM:

For
Veronica A.F. Nebb
City Attorney

APPROVED
AS TO INSURANCE:

Armond Sarkis
Risk Manager
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80 7/20/2023
Melissa Cansdale
Acting Water
Director
7/22/2023

Page 418 of 1999 ends

Professional Services Agreement (Revised 01.2019) Page 1 of 2 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Earl Robinson
Water Distribution Superintendent
Water Department
111 Amador Street
Vallejo, CA 94590
(707) 648-4302
[email protected]

The Vendor’s Representative for this Agreement is:

Jeffery Anselmo
CEO
Anselmo Distributing, DBA Anselmo Services
4160 Suisun Valley Road, Suite E760
Fairfield, CA 94534
(707) 864-0792

All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Vendor Representative and City’s Representative.

2. S ervices to be Provided . The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.

3. Time for Performance. Vendor will perform the services according to the schedule contained in Attachment 1 of Exhibit A. If the schedule calls for the services to be performed in phases or discrete increments, Vendor shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Vendor will complete all services by June 30, 2024.

4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below , without written approval of the City Representative. Vendor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Vendor and that compelling reasons for substituting these individuals must be DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 419 of 1999 ends

Professional Services Agreement (Revised 01.2019) Page 2 of 2 Exhibit A – Scope of Work
demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Vendor’s obligations under this Agreement and shall be grounds for termination.

Key personnel are as follows: [INSERT LIST OF EMPLOYEE NAMES]

DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 420 of 1999 ends

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

EXHIBIT B

COMPENSATION

1. Vendor’s Compensation.

A. Services: City agrees to pay Vendor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00).

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

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

B. Additional Services:

1. Additional Services are those services related to the scope of Services of Vendor as set forth in Exhibit A but not anticipated at the time of execution of this A greement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. C ity reserves the right to perform any Additional Services with its own staff or to retain other Vendors to perform said Additional Services.

2. Vendor’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. C ity, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Vendor, compensation to Vendor shall not exceed the fixed fee amount.

2. Appropriate Billable Rates for Services and Additional Services.

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

A. Price Adjustments:

1. Direct Cost : In this section means Vendor’s costs from the DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 421 of 1999 ends

Professional Services Agreement (Revised 01.2019) Page 2 of 4 Exhibit B - Compensation
manufacturer of any item or if Vendor is the manufacturer, the cost of raw materials required to manufacture the item, plus transportation costs from manufacturer to Vendor and Vendor to the City.

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

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

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

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

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

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

DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 422 of 1999 ends

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

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

4. Payments to Vendor.

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

Vendor may request payment on a monthly basis. Vendor shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Vendor shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. C ity’s Purchase Order Number (if issued)

5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice (Itemize all Reimbursable Expenses”)

7. Total Billed to Date

C. Items shall be separated into Services and Reimbursable Expenses.

Billings that do not conform to the format outlined above shall be returned to Vendor for correction. C ity shall not be responsible for delays in payment to Vendor resulting from Vendor’s failure to comply with the invoice format described above.

D. Request for payment shall be sent to:

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

5. Accounting Records of Vendor. Vendor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Vendor’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Vendor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Vendor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.

DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 423 of 1999 ends

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

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

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

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

DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 424 of 1999 ends

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

EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 425 of 1999 ends

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

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

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

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

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

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

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

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

F. The w orkers’ compensation and employer’s liability p olicy required hereunder shall be endorsed to state that the workers' compensation carrier DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 426 of 1999 ends

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

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

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

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

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

DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 427 of 1999 ends

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
7/7/2023
Pacific Diversified Insurance Services
363 Civic Drive Suite 100
Pleasant Hill, CA 94523
Certificate Department
925-686-2860
925-686-6118
[email protected]
License#: 0K07568
Nationwide Mutual Insurance Company
23787
ANSEDIS-01
Kinsale Insurance Company
38920
Anselmo Distributing
4160 Suisun Valley Rd Ste E760
Fairfield CA 94534
Evanston Insurance Company
35378
615352903
B
X
1,000,000
X
100,000
1,000,000
2,000,000
X
Y
Y
0100231367-0
3/16/2023
3/16/2024
2,000,000
A
1,000,000
X
X
X
Y
Y
ACP7895529091
3/16/2023
3/16/2024
B
X
X
1,000,000
Y
0100231553-0
3/16/2023
Y
3/16/2024
1,000,000
B
C
Rented/Leased Equipment
Pollution Liability
Y
0100231078-0
CPLMOL117961
3/16/2023
6/26/2023
3/16/2024
6/26/2024
Limit:

Each Loss/Aggregate:
$100,000
$1,000,000
As required by written contract, the following endorsements apply to the Certificate Holder and/or any other entity named in this section: General Liability Additional Insured CAS5018 04-20, CAS5016 04-20, CAS5017 04-20, CG2010 12-19 and/or CG2037 12-19, Primary Non-Contributory CAS5003 07-17, Designated Construction Project General Aggregate CAS4005 03-10, Waiver of Subrogation CG2453 12-19; Auto Liability Additional Insured including Primary Non-Contributory and Waiver of Subrogation AC7005 03-16.

Umbrella policy is following form.

RE: Disking various city owned properties
City of Vallejo are Additional Insured on the Pollution Liability per the attached endorsement MEEI2510 08-19.

City of Vallejo
202 Fleming Hill Rd
Vallejo CA 94589

THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 428 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED AS REQUIRED BY

WRITTEN CONTRACT - MANAGERS OR

LESSORS

OF PREMISES
Attached To and Forming Part of Policy
0100231367-0
Effective Date of Endorsement
03/16/2023 12:01AM at the Named
Insured address shown on the Declarations
Named Insured
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL

GENERAL LIABILITY COVERAGE

1. Only if such written contract was executed prior to the “bodily injury” or “property damage” and is in effect at the time the “bodily injury” or “property damage” occurs; and

2. Only with
respect to such person or organization’s vicarious liability for “bodily injury” or “property damage” as manager or lessor of that
part of the premises leased to you; and

3. Solely for liability caused by the ownership, maintenance or use of that part of the premises leased to you by such person or organization.

However:

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

2. Will not be broader than that which you are required by the written contract to provide for such Additional Insured.

B. With respect to the insurance afforded to the Additional Insured, the following additional exclusions apply:

1. This insurance does not apply to:
a. Any “occurrence” which takes place after you cease to be a tenant in that premises; b. Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Insured; or
c. Any “bodily injury”, “property damage” or “personal and advertising injury” arising out of:
(1) The sole negligence of the Additional Insured or any employees of the Additional Insured; or (2) Any obligation of the Additional Insured to indemnify another because of damages arising out of such injury or damage.

2. Where there
is no duty to defend the Named Insured, there is no duty to defend the Additional Insured. Where there is no duty to indemnify the Named Insured, there is no duty to indemnify the Additional Insured.

C. With respect to the insurance afforded to the Additional Insured, the following is added to SECTION III – LIMITS OF

INSURANCE
:

The most we will pay on behalf of the Additional Insured is the amount of insurance:

1. Required by the written contract; or
CAS5017 0420 Page 1 of 2
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 429 of 1999 ends

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

This endorsement shall not increase the applicable limits of insurance.

D. Duties of the Additional Insured in the event of an “occurrence”, offense, claim or “suit”:

1. The Additional Insured must promptly give notice of an “occurrence”, an offense which may result in a claim, a claim which is made, or,
a “suit” to any other insurer which has insurance for a loss to which this insurance may apply.

2. The Additional Insured must promptly tender the defense of any claim made or “suit” to any other insurer which also issued insurance
to the Additional Insured as a Named Insured or to which the Additional Insured may qualify as an Additional Insured for a loss to which this insurance may apply.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS5017 0420 Page 2 of 2
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 430 of 1999 ends

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Page 432 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED AS REQUIRED BY WRITTEN

CONTRACT - MORTGAGEE,

ASSIGNEE, OR RECEIVER
Named InsuredAttached To and Forming Part of Policy
0100231367-0
Effective Date of Endorsement
03/16/2023 12:01AM at the Named
Insured address shown on the
Declarations
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the
following:

COMMERCIAL GENERAL LIABILITY COVERAGE

1. Only if such written contract was executed prior to the “bodily injury” or “property damage” and is in effect at the time the “bodily injury” or “property damage” occurs; and

2. Only with respect to such
person or organization’s vicarious liability for “bodily injury” or “property damage” as mortgagee, assignee, or receiver; and

3. Solely for liability caused by the ownership, maintenance or use of the premises by you and for which such person or organization is mortgagee, assignee, or receiver.

However:

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

2. Will not be broader than that which you are required by the written contract to provide for such Additional Insured.

B. With respect to the insurance afforded to the Additional Insured, the following additional exclusion applies:

1. This insurance does not apply to any structural alterations, new construction or demolition operations performed by or for the Additional Insured.

C. With respect to the
insurance afforded to the Additional Insured, the following is added to SECTION III – LIMITS OF INSURANCE:

The most
we will pay on behalf of the Additional Insured is the amount of insurance:

1. Required by the written contract; or

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

This endorsement shall not increase the applicable limits of insurance.

CAS5016 0420 Page 1 of 2
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 433 of 1999 ends

D. Duties of the Additional Insured in the event of an “occurrence”, claim or “suit”:

1. The Additional Insured must promptly give notice of an “occurrence” which may result in a claim, a claim which is made, or, a “suit” to any other insurer which has insurance for a loss to which this insurance may apply.

2. The Additional Insured must promptly tender the defense of any claim made or “suit” to any other insurer which also issued insurance
to the Additional Insured as a Named Insured or to which the Additional Insured may qualify as an Additional Insured for a loss to which this insurance may apply.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS5016 0420 Page 2 of 2
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 434 of 1999 ends

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Page 435 of 1999 ends

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Page 436 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY LIMITATION - AMENDED AGGREGATE PER PROJECT OR LOCATION Attached To and Forming Part of Policy
0100231367-0
Effective Date of Endorsement
03/16/2023 12:01AM at the Named
Insured address shown on the Declarations
Named Insured
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the
following:

COMMERCIAL GENERAL LIABILITY COVERAGE

SCHEDULE
General Aggregate applies to EACH
LOCATION in the amount of:

Total ALL LOCATIONS
Aggregate Limit:

General
Aggregate applies to EACH PROJECT in the amount of: $2,000,000 Total ALL PROJECTS
Aggregate Limit: $6,000,000
SECTION III – LIMITS OF INSURANCE – 2 , is amended by the addition of the following:
d. The General Aggregate Limit applies separately to each "project" of the Named Insured or to each “location” of the Named Insured as indicated in the Schedule above.

Notwithstanding the application of the General
Aggregate Limit to each "project" or each “location” of the Named Insured, under no circumstances will we pay more than the TOTAL ALL LOCATIONS AGGREGATE LIMIT or the TOTAL ALL PROJECTS AGGREGATE LIMIT shown in the Schedule above for all claims arising out of all “locations” or all “projects” as applicable under this policy.

The following are added to the DEFINITIONS section of this policy:
"Project" means all work done by you or on
your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, change orders or work done at multiple locations under one contract are not separate "projects" within the meaning of this coverage.
"Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by
a street, roadway, waterway or right-of-way of a railroad.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS4005 0310 Page 1 of 1
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 437 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Attached To and Forming Part of Policy
0100231367-0
Effective Date of Endorsement
03/16/2023 12:01AM at the Named
Insured address shown on the Declarations
Named Insured
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE
The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS5003 0717 Page 1 of 1
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 438 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED- STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR

POLITICAL SUBDIVISION PERMITS - BLANKET
Attached To and Forming Part of Policy
0100231367-0
Effective Date of Endorsement
03/16/2023 12:01AM at the Named
Insured address shown on the Declarations
Named Insured
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the
following:

COMMERCIAL GENERAL LIABILITY COVERAGE

However:

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

2. Will not be broader than that which you are required, as a condition of the permit, to provide for such Additional Insured.

B. With respect to the insurance afforded to these Additional Insureds, the following additional exclusions apply:

This insurance does not apply to any:

1. “Bodily injury”, “property damage” or “personal and advertising injury” arising out of operations performed for
the state or municipality;

2. “Bodily injury” or “property damage” included within the “products-completed operations hazard”;

3. “Bodily injury”, “property damage” or “personal and advertising injury” arising out of the sole negligence of the Additional Insured or employees of the Additional Insured; or

4. “Bodily injury”, “property damage” or “personal and advertising injury” to any employee of the Named Insured
or to any obligation of the Additional Insured to indemnify another because of damages arising out of such
injury or damage.

C. A state or political subdivision’s status as an
Additional Insured under this endorsement ends when “your work” under such permit is completed.

D. With respect to the insurance afforded to the Additional Insured, the following is added to SECTION III – LIMITS OF
INSURANCE:

The most
we will pay on behalf of the Additional Insured is the amount of insurance:

1. Required as a condition of the permit; or

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

CAS5018 0420 Page 1 of 2
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 439 of 1999 ends

This endorsement shall not increase the applicable limits of insurance.

E. Duties of the Additional Insured in the event of “occurrence”, offense, claim or “suit”:

1. The Additional Insured must promptly give notice of an “occurrence” an offense which may result in a claim, a claim which is made or a “suit”, to any other insurer which has insurance for a loss to which this insurance may apply.

2. The Additional Insured must promptly tender the defense of any claim made or “suit” to any other insurer which also issued insurance to the Additional Insured as a Named Insured or to which the Additional Insured
A. may qualify as an Additional Insured for a loss to which this insurance may apply.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CAS5018 0420 Page 2 of 2
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 440 of 1999 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF

SUBROGATION) - AUTOMATIC
Attached To and Forming Part of Policy
0100231367-0
Effective Date of Endorsement
03/16/2023 12:01AM at the Named
Insured address shown on the Declarations
Named Insured
Anselmo Distributing
Additional Premium: Return Premium:
$0 $0
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

CG 24 53 12 19 Page 1 of 1© Insurance Services Office, Inc, 2018 DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 441 of 1999 ends

COMMERCIAL A UTO
AC 70 05 03 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO PROTECTION - GOLD
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

SUMMARY OF

COVERAGES
A. Effect of Thi
s Endorsement
B. Newly Acquired or Formed Entities
C. Employees as Insureds – Nonowned Autos
D. Additional Insured by Contract, Permit or Agreement
E. Supplementary Payments – Bail Bonds
F. Supplementary Payments – Loss of Earnings
G. P ersonal Effects and Property of Others Extension
H. Prejudgment Interest Coverage
I. Fellow Employee – Officer, Managers and Supervisors
J. Hired Auto Physical Damage
K. Temporary Substitute Autos – Physical Damage Coverage L. Expanded Towing Coverage
M. Auto Loan or Lease Coverage
N. Original Equipment Manufacturer Parts – Leased Private Passenger Types O. Deductible Amendments
P. Rental Reimbursement Coverage
Q. Expanded Transportation Expense
R. Extra Expense – Stolen Autos
S. Physical Damage Limit of Insurance
T. New Vehicle Replacement Cost
U. Physical Damage Coverage Extension
V. Transfer of Rights of Recovery Against Others To Us
W. Section IV – Business Auto Conditions – Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory
Y. Emergency Lock Out
Z. Cancellation Condition
AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission
POLICY NUMBER: ACP7895529091
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 442 of 1999 ends

COMMERCIAL AUTO
AC 70 05 03 16
A. EFFECT OF THIS ENDORSEMENT
Coverage provided under this policy is modified
by the provisions of this endorsement. If there
is any conflict between the provisions of this
endorsement and the provision(s) of an y state-
specific endorsement also attached to this pol i-
cy, then the provision(s) of the state- specific
endorsement shall apply instead of the provi-
sions of this endorsement that are in conflict,
but only to the extent of the conflict, and only to
the extent necessary to bring such provisions
into conformance with the state requirement(s)
contained in the provision(s) of the state-specific
endorsement.

B. NEWLY ACQUIRED OR FORMED ENTITIES
The Named Insured shown in the Declarations is
amended to include any organization y ou newly
acquire or form, other than a partnership, joint
venture, or limited liability company, and over
which you maintain ownership or majority (more
than 50%) interest; if there is no other similar i n-
surance available to that organization. Coverage
under this provision is afforded until the 180
th
day after you acquire or form the organization or
the end of the policy period, whichever is later.

C. EMPLOYEES AS INSUREDS – NONOWNED
AUTOS
The following is added to paragraph A.1. Who Is
An Insured of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:
d. Any "employee" of yours is an "insured"
while using a covered "auto" you don't own,
hire or borrow in your business or your per-
sonal affairs.

D. ADDITIONAL INSURED BY CONTRACT,

PERMIT OR AGREEMENT
The following is added to A.1. Who Is An I n-
sured of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:

Any person or organization that you are r e-
quired to name as an additional insured in a
written contract or
agreement that is executed
or signed by you prior to a “bodily injury” or
“property damage” occurrence is an “insured”
for Covered Auto L iability coverage. How-
ever, with respect to covered “autos”, such
person or organization is an insured only to
the extent that person or organization qualifies
as an “insured” under A.1. Who is an Insured of
SECTION II – COVERED AUTOS LIABILITY
COVERAGE:

If specifically required by the written contract or
agreement referenced in the paragraph above,
any coverage provided by this endorsement to
an additional insured shall be primary and
any other valid and collectible insurance avail-
able to the additional insured shall be non-
contributory with this insurance. If the written
contract does not require this coverage to be
primary and the additional insured’s coverage to
be non-contributory, then this insurance will be
excess over any other valid and collectible insur-
ance available to the additional insured.

E. SUPPLEMEN
TARY PAYMENTS – BAIL
BONDS
Supplementary Payments o f SECTION II –
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
(2) Up to $2,500 for cost of bail bonds (including
bonds for related traffic law violations)
required because of an “accident” we cover.

We do not have to furnish these bonds.

F. SUPPLEMENTARY PAYMENTS – LOSS OF

EARNINGS
Supplementary Payments of the SECTION II –
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
(4) All reasonable expenses incurred by the “in-
sured” at our request, including actual loss
of earnings up to $500 a day because of
time off from work.

G. PERSONAL EFFECTS AND PROPERTY OF

OTHERS EXTENSION

1. The. Care, Custody or Control Exclusion of
SECTION II – COVERED AUTOS
LIABILITY COVERAGE, does not apply to
"property damage" to property, other than
your property, up to an amount not exceed-
ing $250 in any one "accident". Coverage
is excess over any other valid and collectible
insurance.

2. The following paragraph is added to A.4.

Coverage Extensions of SECTION III –
PHYSICAL DAMAGE COVERAGE:
c. We will pay up to $500 for your property
that is lost or damaged as a result of a
covered “loss”, without applying a de-
ductible. Coverage is excess over any
other valid and collectible insurance.

Page 2 ends

f 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 05 03 16 with its permission
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 443 of 1999 ends

COMMERCI AL AUTO
AC 70 05 03 16
H. PREJUDGMENT INTEREST COVERAGE
The following paragraph is added to SECTION II
– COVERED AUTOS LIABILITY COVERAGE,

2. Coverage Extensions, a. Supplementary
Payments:
(7) Prejudgment interest awarded against the
“insured” on that part of the judgment we
pay. If we make an offer to pay the appli-
cable limit of insurance, we will not pay
any prejudgment interest based on that
period of time after the offer.

I. FELLOW EMPLOYEE – OFFICERS,

MANAGERS, AND SUPERVISORS
The Fellow Employee Exclusion in SECTION II
– COVERED AUTOS LIABILITY COVERAGE is
replaced as follows;
A. "Bodily injury" to any fellow "employee" of
the "insured" arising out of and in the course
of the fellow "employee's" employment or
while performing duties related to the con-
duct of your business. This exclusion does
not apply to an "insured" who occupies a
position as an officer, manager , or superv i-
sor.

J. HIRED AUTO PHYSICAL DAMAGE
If covered "auto" designation symbols 1 or 8 ap-
ply to Liability Coverage and if at least one "au-
to" you own is covered by this policy for Com-
prehensive, Specifi ed Causes of Loss, or Coll i-
sion coverages, then the Physical Damage
coverages provided are extended to "autos" you
lease, hire, rent or borrow without a driver; and
provisions in the Business Auto Coverage Form
applicable to Hired Auto Physical Damage appl y
up to a limit of $100,000. The deductible will be
equal to the largest deductible applicable to any
owned "auto" for that coverage. Any Compr e-
hensive deductible does not apply to fire or
lightning.

K. TEMPORARY SUBSTITUTE AUTOS –

PHYSICAL DAMAGE COVERAGE
The following is added to paragraph C. Certain
Trailers, Mobile Equipment And Temporary
Substitute Autos of SECTION I - COVERED
AUTOS:

If Physical Damage Coverage is provided by
this Coverage Form, the following types of
vehicles are also covered "autos" for Physi-
cal Damage Coverage:

Any "auto" you do not own while used with
the permission of its owner as a temporary
substitute for a covered "auto" you own that
is out of service because of its:
a. Breakdown;
b. Repair ;
c. Servicing;
d. "Loss"; or
e. Destruction
The coverage that applies is the same as
the coverage provided for the vehicle being
replaced.

L. EXPAND

ED TOWING COVERAGE

1. We will pay up to:
a. $100 for a covered "auto" you own of
the private passenger type, or
b. $ 500 for a covered "auto" you own that
is not of the private passenger type,
for towing and labor costs incurred each
time the covered "auto" is disabled. Howe v-
er, the labor must be performed at the place
of disablement.

2. This coverage applies only for an "auto"
covered on this policy for Comprehensive or
Specified Causes of Loss Coverage and
Collision Coverages.

3. Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered “auto”.

M. AUTO LOAN OR LEASE COVERAGE

1. In the event of a total "loss" to a covered
"auto", we will pay any unpaid amount due
on the loan or lease, including up to a max-
imum of $ 500 for early termination fees or
penalties, for your covered "auto" less:
a. The amount paid under SECT
ION III –
PHYSICAL DAMAGE COVERAGE of
this policy; and
b. Any:
1) Overdue lease/loan payments at the
time of the "loss";
2) Financial penalties imposed under a
lease for excessive use, abnormal
wear and tear or high mileage;
3) Security deposits not refunded by a
lessor;
4) Costs of extended warranties, Credit
Life insurance, Health, Accident, or
Disability insurance purchased with
the lease; and
AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission
DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

Page 444 of 1999 ends

COMMERCIAL AUTO
AC 70 05 03 16
5) Carry-over balances from previous
leases.

2. This coverage only applies to a "loss" which
is also covered under this policy for Com-
prehensive, Specified Causes of Loss, or
Collision coverage.

3. Coverage does not apply to any unpaid
amount due on a loan for which the covered
“auto” is not the sole collateral.

N. ORIGINAL EQUIPMENT MANUFACTURER
PARTS – LEASED PRIVATE PASSENGER
TYPES
Under Paragraph C. Limit of Insurance of
SECTION III – PHYSICAL DAMAGE
COVERAGE, Section 4 is added as follows:

4. We will use new original equipment vehicle
manufacturer parts for any private passen-
ger type covered “auto” where required by
the lease agreement which has a term of at
least six months. If a new original equip-
ment vehicle manufacturer part is not in pr o-
duction or distribution we may use a like,
kind and quality replacement part.

O. DEDUCTIBLE AMENDMENTS
The following are added to the Deductible provi-
sion of SECTION III – PHYSICAL DAMAGE
COVERAGE:

If another policy or coverage form that is not an
automobile policy or coverage form issued by
this company applies to the same “accident”, the
following applies:

1. If the deductible under this coverage is the
smaller (or smallest) deductible, it will be
waived:

2. If the deductible under this coverage is not
the smaller (or smallest) deductible, it will be
reduced by the amount of the smaller (or
smallest) deductible.

If a Comprehensive or Specified Causes of Loss
Coverage “loss” from one “accident” involves
two or more covered “autos”, only the highest
deductible applicable to those coverages will be
applied to the “accident,” if the cause of the loss
is covered for those vehicles. This provision only
applies if you carry Comprehensive or Specified
Causes of Loss Coverage for those vehicles,
and does not extend coverage to any covered
“autos” for which you do not carry such
coverage.

No deductible applies to glass if the glass is r e-
paired, in a manner acceptable to us, rather than
replaced.

P. RENTAL REIMBURSEMENT COVERAGE

1. This coverage applies only to a covered "a u-
to" for which Physical Damage Coverage is
provided on this policy.

2. We will pay for rental reimbursement ex-
penses incurred by yo u for the rental of an
"auto" because of "loss" to a covered "auto".

Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered "auto." No deductibles
apply to this coverage.

3. We will pay only for those expenses incurred
during the policy period beginning 24 hours
after the "loss" and ending, regardless of the
policy's expiration, with the lesser of the
following number of days:
a. The number of days reasonably
required to repair or replace the covered
"auto". If "loss" is caused by theft, this
number of days is added to the number
of days it takes to locate the covered
"auto" and return it to you.
b. The number of days shown in the
Schedule.

4. Our payment is limited to the lesser of the
following amounts:
a. Necessary and actual expenses
incurred.
b. $ 75 for any one day or for a maximum
of 30 days.

5. This coverage does not apply while there
are spare or reserve "autos" available to you
for your operations.

6. If "loss" results from the total theft of a cov-
ered "auto" of the private passenger type,
we will pay under this coverage only that
amount of your rental reimbursement ex-
penses which is not already provided for un-
der SECTION III – PHYSICAL DAMAGE
COVERAGE Coverage Extension.

Q. EXPANDED TRANSPORTATION EXPENSE
Paragraph A.4.a. of SECTION III – PHYSICAL
DAMAGE COVERAGE is replaced by the follow-
ing:

We will pay up to $50 per day to a maximum of
$1500 for temporary transportation expense i n-
curred by you because of the total theft of a

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with its permission.

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COMMERCIAL AUTO
AC 70 05 03 16
covered "auto" of the private passenger ty pe.

We will only pay for those covered "autos" for
which you carry Comprehensive or Specified
Causes of Loss Coverage. We will pay for tem-
porary transportation expenses incur red during
the period beginning 24 hours after the theft and
ending, regardless of the policy's expiration,
when the covered "auto" is returned to use or we
pay for its "loss".

R. EXTRA EXPENSE – STOLEN AUTOS
The following paragraph is added to Coverage
Extensions of SECTION III – PHYSICAL
DAMAGE COVERAGE:
c. We will pay for up to $5,000 for the expense
of returning a stolen covered “auto” to you.

We will pay only for those covered “autos”
for which you carry Comprehensive or Spec-
ified Causes of Loss Coverage
S. PHYSICAL DAMAGE LIMIT OF INSURANCE
Under SECTION III – PHYSICAL DAMAGE
COVERAGE, Paragraph C., Limit of Insurance
is replaced by the following:

C. Limit Of Insurance

1. The most we will pay for “loss” in any one
“accident” is the lesser of:
a. The actual cash value of the damaged
or stolen property as of the time of the
“loss”, or
b. The cost of repairing or replacing the
damaged or stolen property.

2. $1500 is the most we will pay for “loss” in
any one “accident” to all electronic equip-
ment that reproduces, receives or transmits
audio, visual or data signals which, at the
time of “loss”, is:
a. Permanently installed in or upon the
covered “auto” in a housing, opening or
other location that is not normally used
by the “auto” manufacturer for the in-
stallation of such equipment.
b. Removable from a permanently installed
housing unit as described in Paragraph

2.a. above or is an integral part of that
equipment; or
c. An integral part of such equipment.

3. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total “loss”.

4. The cost of repairing or replacing may:
a. Be based on an estimate which includes
parts furnished by the original equip-
ment manufacturer or other sources i n-
cluding non -original equipment manu-
facturers and
b. If a repair or replacement results in bet-
ter than like kind or quality, we will not
pay for the amount of the net improve-
ment.

5. If we offer to pay the actual cash value of
the damaged or stolen property, we will
value auto advertising wraps, paint custom i-
zation, and similar business related advertis-
ing modifications, in addition to the actual
cash value of the property. Auto advertising
wraps, paint customization, and similar
business related advertising modifi cations
will be valued at the cost to replace them
with an adjustment made for depreciation
and physical condition.

T. NEW VEHICLE REPLACEMENT COST
The following is added to the Limit of Insurance
provision of SECTION III – PHYSICAL
DAMAGE COVERAGE:

5. The provisions of paragraphs 1. and 3. do
not apply to a covered “auto“ of the private
passenger type or a vehicle with a gross
vehicle weight rating of 20,000 pounds or
less which is a “new vehicle.”
In the event of a total “loss” to your new v e-
hicle to which this coverage applies, we will
pay at your option:
a. The verifiable “new vehicle ” purchase
price you paid for your damaged vehi-
cle, not including any insurance or war-
ranties purchased;
b. If it is available, the purchase price, as
negotiated by us, of a “new vehicle” of
the same make, model, and equipment
or the most similar model available, not
including any furnishings, parts, or
equipment not installed by the manufac-
turer or manufacturers’ dealership; or .
c. The market value of your damaged ve-
hicle, not including any furnishings,
parts, or equipment not installed by the
manufacturer or manufacturer’s dealer-
ship.

We will not pay for initiation or set up costs
associated with loans or leases
As used in this endorsement, a “new
vehicle” means an “auto” of which you are
the original owner that has not been previ-
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COMMERCIAL AUTO
AC 70 05 03 16
ously titled and which you purchased less
than 365 days before the date of the “loss”.

U. PHYSICA

L DAMAGE COVERAGE

EXTENSIONS
Under SECTION III – PHYSICAL DAMAGE
COVERAGE, A. Coverage, Coverage Exte n-
sions, b. Loss of Use Expenses is replaced by
the following:
b. Loss of Use Expenses
For Hired Auto Physical Damage, we will
pay expenses for which an “insured” be-
comes legally responsible to pay for loss of
use of a vehicle rented or hired without a
driver, under a written rental contract or
agreement. We will pay for loss of use ex-
penses if caused by:
(1) Other than collision if the Declarations
indicate that Comprehensive Coverage
is provided for any covered “auto”;
(2) Specified Causes of Loss only if the
Declarations indicate that Specified
Causes of Loss Coverage is provided
for any covered “auto”; or
(3) Collision only if the Declarations indicate
that Collision Coverage is provided for
any covered “auto.”
However, the most we will pay for any
expenses for loss of use is $50 per day, to a
maximum of $1,500. The insurance provided
by this provision is excess over any other
collectible insurance.

V. TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
The following is added to the Transfer Of Rights
Of Recovery Against Others To Us Condition:

We waive any right of recovery we may
have against any person or organization to
the extent required of you by a written con-
tract executed prior to any “accident” be-
cause of payments we make for damages
under this coverage form.

W. NOTICE OF AND KNOWLEDGE OF

OCCURRENCE
SECTION IV – BUSINESS AUTO
CONDITIONS, Paragraph A is amended as
follows:

6. NOTICE OF AND KNOWLEDGE OF

OCCURRENCE
a. Your obligation in the Duties in the Event
of Accident, Claim, Suit or Loss Condi-
tion relative to notification requirements
applies only when the “accident” or
“loss” is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance
manager, if you are a corporation.
b. Your obligation in the. Duties in the Event
of Accident, Claim, Suit or Loss Condition
relative to providi ng us with documents
concerning a claim or “suit” will not be
considered breached unless the breach
occurs after such claim or “suit” is known
to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A me mber, if you are a limited
liability company; or
(4) An executive officer or insurance
manager, if you are a corporation.

X. HIRED CAR –

COVERAGE TERRITORY
Item (5) of the Policy Period, Coverage Territory
General Conditions is replaced by the following:
(5) Anywhere in the world if a covered “auto” is
leased, hired, rented or borrowed without a
driver for a period of 30 days or less; and
Y. EMERGENCY LOCKOUT
We will reimburse you up to $100 for reasonable
expense incurred for the services of a locksmith
to gain entry into your covered “auto” subject to
these provisions:

1. Your door key , electronic key or key entry
pad has been lost, stolen or locked in your
covered “auto” and you are unable to enter
such “auto” , or

2. Your keyless entry device battery dies and
you are unable to enter such "auto" as a r e-
sult,

3. Your key, electronic key or key entry pad
has been lost or stolen and you have
changed the lock to prevent an unauthorized
entry; and

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with its permission.

X
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COMMERCIAL AUTO
AC 70 05 03 16

4. Original copies of receipts for services of a
locksmith must be provided before rei m-
bursement is payable.

Z. CANCELLATION CONDITION
Paragraph A.2. of the COMMON POLICY
CONDITION – CANCELLATION applies
except as follows:

If we cancel for any reason other than no n-
payment of premium, we will mail or deliver
to the First Named Insured written notice of
cancellation at least 60 days before the ef-
fective date of cancellation. This provision
does not apply in those states that require
more than 60 days prior notice of cancella-
tion.

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EVANSTON INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – SPECIFIED PERSON(S) OR ORGANIZATION(S) This endorsement modifies insurance provided under the following:

CONTRACTOR’S POLLUTION LIABILITY COVERAGE FORM
With respect to coverage provided under this endorsement only, Paragraph4. under Section III – Who Is An Insured is replaced by the following:

4. The Person(s) Or Organization(s) shown in the Schedule of this endorsement is an insured under this policy, provided you have agreed to provide additional insured status in a written contract or agreement that was executed prior to the:
a. Commencement of “your work”; and
b. Date the “pollution conditions” first commenced.

However, the insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and
(3) Is limited to the lesser of the Limits Of Insurance shown in the Declarations or the amount required by the written contract or agreement.

All other terms and conditions remain unchanged.

SCHEDULE

ENVIRONMENTAL
POLICY NUMBER: CPLMOL117961
Person(s) Or Organization(s): City of Vallejo 202 Fleming Hill Rd Vallejo CA 94589 DocuSign Envelope ID: 20CD3E53-13F6-428C-A1BE-57AC2F542B80

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CONSENT CALENDAR 8.L.

DATE: June 10, 2025
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT

WITH GATES & ASSOCIATES TO PROVIDE LANDSCAPE DESIGN FOR THE CITY

WATERFRONT PARKS AREA, PAID FOR WITH AN URBAN AND COMMUNITY FORESTRY GRANT, IN A NOT TO EXCEED AMOUNT OF $176,460, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt the resolution approving the Professional Services Agreement with Gates & Associates to provide design work for the City's Waterfront Parks paid for with an Urban & Community Forestry Grant, in an amount not-to-exceed $176,460, and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
Updated architectual plans are needed to adjust the design to account for the work being paid for by the Urban and Communuty Forestry Grant. These plans will allow staff to maximize the use of funding, and ensure a more cohesive project across the Waterfront zone.

BACKGROUND AND DISCUSSION
On June 25, 2024, the City Council was presented with an item accepting an Inflation Reduction Act: Urban and Community Forestry grant in the amount of $1,734,070. This item tonight is to award a contract to Gates & Associates to provide updated landscape design plans for the Waterfront park areas, paid for utilizing those accepted grant funds.

The Project
The Project Scope includes transforming the barren dirt areas along the Waterfront walkways, south of the Ferry Terminal, and extends to the Front Room and Mare Island Brewery open space. Deliverables could comprise multiple greenings: regraded Great Lawn, water-smart irrigation, re-sodding, new hedges, and up to 1,000 native drought-tolerant tree plantings. Buildings would be buffered from the park site, with enhanced Native California wildflower meadow, pollinator gardens, a new Cultural Garden venue, Windrow Trees, and other plantings along the site. Rain collection/stormwater management and the River Green would be addressed.

Page 452 of 1999 ends

Date: June 10, 2025
Subject: ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT

WITH GATES & ASSOCIATES TO PROVIDE LANDSCAPE DESIGN FOR THE CITY

WATERFRONT PARKS AREA, PAID FOR WITH AN URBAN AND COMMUNITY FORESTRY GRANT, IN A NOT TO EXCEED AMOUNT OF $176,460, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

Project Area, with anticipated priority zoning for tree planting locations.

FISCAL IMPACT
This item will be paid for out of the overall grant funding already accepted by City Council on June 25, 2024.

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

ATTACHMENTS

1. Resolution Approving Gates Agreement - CAO STAMP

2. 2025 Gates_Urban Forest Design Agreement

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

Page 453 of 1999 ends

RESOLUTION NO. 24-______

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

PROFESSIONAL SERVICES AGREEMENT WITH GATES & ASSOCIATES TO PROVIDE

LANDSCAPE DESIGN FOR THE CITY WATERFRONT PARKS AREA, PAID FOR WITH AN URBAN AND COMMUNITY FORESTRY GRANT, IN A NOT TO EXCEED AMOUNT OF $176,460 WHEREAS, on June 25, 2024, the City Council was presented with and accepted item accepting an Inflation Reduction Act: Urban and Community Forestry grant in the amount of $1,734,070; and WHEREAS, City staff have chosen Gates & Associates to provide updated landscape design plans for the Waterfront park areas, paid for utilizing those accepted grant funds.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Professional Services Agreement with Gates & Associates, with a total contract amount not to exceed $176,460; and authorizes the City Manager to execute same.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on June 10, 2025, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
ATTEST

ANDREA SORCE, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK

Page 454 of 1999 ends

May 29, 2025 3:50 PM, 1348930282
Contract and Routing Form

Requisition Number: 1348924967

Date Originated:

Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: City Manager's Office,
Staff Contact: Shelee Loughmiller, [email protected] Contract Type: Other: Design Professional Services Agreement Vendor: David L. Gates and Associates

Contract Not to Exceed Amount: 200000.00
Contract Start Date: Jun 01, 2025 End Date: May 31, 2026 Option to Extend: two years
Authority to Contract: City Council Date to Council: Jun 10, 2025 Other Comments:

Certificate of Insurance and Endorsement pages pending.

Active Business License has been confirmed, expires 6/30/25

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

Approved Pre-Requisition Form

I have uploaded additional files.Yes

Page 455 of 1999 ends

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

Return executed contract to: Shelee Loughmiller

Page 456 of 1999 ends

May 29, 2025 3:50 PM, 1348930282
Contract and Routing Form

Requisition Number: 1348924967

Date Originated:

Certificate of Insurance and Endorsement pages pending.

Active Business License has been confirmed, expires 6/30/25

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

Approved Pre-Requisition Form

I have uploaded additional files.Yes

Page 457 of 1999 ends

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

Return executed contract to: Shelee Loughmiller

Page 458 of 1999 ends

Design Professional Services Agreement (Revised 05.2025) Page 1 of 12 Approved as to form:

By: for
Veronica Nebb, City Attorney

DESIGN PROFESSIONAL SERVICES AGREEMENT

This Design Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 27th day of May 2025, by and between the City of Vallejo, a municipal corporation ("City"), and David L. Gates & Associates, Inc. a California corporation, hereinafter referred to as Design Professional, that agree as follows:

1. Services. Subject to the terms and conditions set forth in this A greement, Design Professional shall provide the C ity professional services as specified in Exhibit A, entitled “Scope of Work.”

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

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

4. Indemnification. To the fullest extent permitted by law, Design Professional shall hold harmless, defend (with independent counsel approved by City) and indemnify City and its officers, employees and volunteers from and against all claims, damages, losses, penalties, fines and judgments and expenses and defense costs, including but not limited to attorney fees, court costs, associated investigation and administrative expenses, regardless of the nature or type arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Design Professional, or the acts or omissions of an employee, agent or subcontractor of the Design Professional, except where caused by the active negligence, sole negligence, or willful misconduct of City. In no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pa y its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to the duty and cost to defend shall not apply to either of the following: 1) Any contract for design professional services, or amendments thereto, where a project -specific general liability policy

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Design Professional Services Agreement (Revised 05.2025) Page 2 of 12 insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis, 2) A design professional who is a party to a written design-build joint venture agreement.

Design Professional shall also indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Design Professional ’s operations, or any subcontractor’s operations, related to costs or be nefits associated with California Public Employment Retirement System (CalPERS) membership where Design Professional supplies a CalPERS member who CalPERS determines is subject to enrollment.

The provisions of this Section are not limited by the insurance provisions of this Agreement.

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

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

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

7. Conflict of Interest. Design Professional warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Design Professional’s family, business, real property or financial interests and the services to be provided under this Agreement. Design Professional shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Design Professional’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Design Professional shall disclose such conflict in writing to City. Every individual who performs services on behalf of Design Professional pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making

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Design Professional Services Agreement (Revised 05.2025) Page 3 of 12 a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.

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

9. Licences, Permits, Etc. Design Professional represents and warrants to City that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Design Professional has all the permits, qualifications and approvals of whatsoever nature which are legally required for Design Professional to practice its profession. Design Professional represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Design Professional to practice its profession.

10. Business License. Design Professional and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement.

The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Design Professional until such business license(s) has been obtained.

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

Design Professional is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions , as well as all areas appurtenant to the site , existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other

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Design Professional Services Agreement (Revised 05.2025) Page 4 of 12 contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by City.

Design Professional’s responsibilities under this section shall not be delegated.

Design Professional shall be responsible to City for acts, errors, or omissions of Design Professional’s subcontractors.

Design Professional shall prepare plans, specifications, reports, and/or other work products in such a way that amendments or change orders to the agreement between City and its construction contractor will not be necessary, except for unforeseeable circumstances. As used herein, “unforeseeable circumstances” shall mean facts or inferences from those facts that could not be ascertained by a combination of reasonable site inspection during the preparation of the plans and specifications by Design Profession al and the reasonable application to such inspection of expertise consistent with the level of care and skill ordinarily exercised under similar conditions by a members of Design Professional‘s profession currently practicing in California.

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

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

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

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

14. Personnel. Design Professional agrees to assign only competent personnel according to the reasonable and customary standards of training and

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Design Professional Services Agreement (Revised 05.2025) Page 5 of 12 experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.

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

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

Design Professional shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. Design Professional shall also comply with provisions of Labor Code section 1720 as applicable . A copy of the prevailing wage rates is available for review upon request by Design Professional to the City Representative. This provision applies only to the following portions of the scope of work:

15. General Prohibition on Assignment of CalPERS Members and Annuitants. Design Professional shall not hire, employ, or use, as an employee, subcontractor or agent of Design Professional (Assigned Individual) any California Public Employment Retirement System (CalPERS) member or annuitant in connection with the provision of services under this Agreement. Nor shall Design Professional allow any of its subcontractors, agents, or other representatives to employ CalPERS members or annuitants for the purpose of performing work under this Agreement. Failure to comply with the provisions of this section shall constitute a material breach of Design Professional’s obligations under this Agreement and shall be grounds for termination.

The City Manager and the Human Resources Director may together approve an exception which they determine either: (i) meets the requirements of CalPERS relating to Independent Contractors; or (ii) where such Assigned Individual who is an Annuitant, has not, and will not, exceed 960 total hours in a fiscal year (July 1 to June 30) for all CalPERS employers combined, and satisfies all other CalPERS annuitant requirements. No Assigned Individual, regardless of CalPERS

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Design Professional Services Agreement (Revised 05.2025) Page 6 of 12 membership at the time the labor is provided, may exceed 1,000 hours in a fiscal year (July 1 to June 30).

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

Design Professional shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.

17. Term. The term of this Agreement shall commence on June 1, 2025 and shall continue in full force and effect until May 31, 2026.

The term of this Agreement shall commence on the date of complete execution of this Agreement and shall continue in full force and effect until terminated by CITY pursuant to Paragraph 17 of this Agreement.

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

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

18. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Design Professional. Upon receipt of a notice of termination, Design Professional shall perform no further work except as specified in the notice . Before the date of termination, Design Professional shall deliver to City all City records and documents, all work product s, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Design Professional for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Design Professional for the

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Design Professional Services Agreement (Revised 05.2025) Page 7 of 12 portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Design Professional for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

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

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

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

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

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

22. Successors and Assigns. All terms, conditions, and provisions of this

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Design Professional Services Agreement (Revised 05.2025) Page 8 of 12 Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

23. Non-Discrimination/Fair Employment Practices.

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

Design Professional warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.

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

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

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

24. 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: Shelee Loughmiller
Community and Volunteer Coordinator
City Managers Office
555 Santa Clara Street
Vallejo, CA 94590

If to Design Professional: Casey Case
President

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Design Professional Services Agreement (Revised 05.2025) Page 9 of 12 David L. Gates & Associates, Inc.
1665 N. Main St.

Walnut Creek, CA 94596

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

Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

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

25. Severability Clause. Should any provision of this A greement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

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

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

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

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

31. Compliance with Laws. Design Professional will comply with all statutes,

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Design Professional Services Agreement (Revised 05.2025) Page 10 of 12 regulations and ordinances in the performance of all services under this Agreement.

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

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

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

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

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

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

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

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Design Professional Services Agreement (Revised 05.2025) Page 11 of 12

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

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

[SIGNATURES ON FOLLOWING PAGE]

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Design Professional Services Agreement (Revised 05.2025) Page 12 of 12 IN WITNESS WHEREOF, the parties have executed this A greement on the day and year shown below the name of each of the parties.

Casey Case
David L. Gates & Associates, Inc.,
a California corporation

By:

Casey Cates
President

DATE:

(City Seal)

CITY OF VALLEJO,
a municipal corporation

By:

Andrew Murray
City Manager

DATE:

ATTEST:

By:

Dawn Abrahamson
City Clerk

APPROVED AS TO CONTENT:

Gillian Haen
Assistant City Manager

APPROVED AS TO FORM:

Veronica Nebb
City Attorney

APPROVED AS TO INSURANCE:

Armond Sarkis
Risk Manager

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Design Professional Services Agreement (Revised 05.2025) Page 1 of 1 Exhibit A

SCOPE OF WORK

1. Representatives.

The City Representative for this Agreement is:

Shelee Loughmiller
Community and Volunteer Coordinator
City Manager’s Office
555 Santa Clara Street
Vallejo, CA 94590
707-648-8616

The Design Professional’s Representative for this Agreement is:

Casey Case
President
David L. Gates & Associates, Inc.
1655 N. Main St. Ste 365
Walnut Creek, CA 94596
925-360-8411

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 Design Professional Representative and City’s Representative.

2. Services to be Provided.

The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.

3. Time for Performance. Design Professional will perform the services according to the schedule contained in Attachment 1 of Exhibit A. If the schedule calls for the services to be performed in phases or discrete increments, Design Professional shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Design Professional will complete all services by May 31, 2026.

4. No Set Work Hours . Design Professional shall be solely responsible for determining the working hours of its individual personnel, employees, agents, and representatives within the limitations otherwise provided by this Agreement.

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Design Professional Services Agreement (Revised 05.2025) Page 1 of 3 Exhibit B

EXHIBIT B

COMPENSATION

1. Design Professional’s Compensation.

A. Services: City agrees to pay Design Professional, at the rate (s) specified below, for those services set forth in Exhibit A of this A greement and for all authorized reimbursable expenses, for a total not to exceed one hundred seventy- six thousand four hundred sixty dollars ($176,460).

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

City agrees to pay Design Professional for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses , in a lump sum of one hundred seventy -six thousand four hundred sixty dollars ($176,460) upon satisfactory completion of the services and delivery of the work product.

B. Additional Services:

1. Additional Services are those services related to the scope of Services of Design Professional as set forth in Exhibit A but not anticipated at the time of execution of this A greement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Design Professionals to perform said Additional Services.

2. Design Professional’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises.

Where a fixed fee for Additional Services is established by mutual A greement between City and Design Professional, compensation to Design Professional shall not exceed the fixed fee amount.

2. Appropriate Billable Hourly Rates for Services and Additional Services. Design Professional ’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.

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

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Design Professional Services Agreement (Revised 05.2025) Page 2 of 3 Exhibit B
Professional for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

4. Payments to Design Professional.

A. Payments to Design Professional shall be made within a reasonable time after receipt of Design Professional ’s invoice, said payments to be made in proportion to services performed. Design Professional may request payment on a monthly basis. Design Professional shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Design Professional shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice (Itemize all Reimbursable Expenses”)

7. Total Billed to Date

C. Items shall be separated into Services and Reimbursable Expenses.

Billings that do not conform to the format outlined above shall be returned to Design Professional for correction. City shall not be responsible for delays in payment to Design Professional resulting from Design Professional’s failure to comply with the invoice format described above.

D. Request for payment shall be sent to:

Shelee Loughmiller
Community and Volunteer Coordinator
City Manager’s Office
555 Santa Clara Street
Vallejo, CA 94590

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

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Design Professional Services Agreement (Revised 05.2025) Page 3 of 3 Exhibit B
The obligations of Design Professional under this s ection shall survive this Agreement.

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

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

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Design Professional Services Agreement (Revised 05.2025) Page 1 of 3 Exhibit C

EXHIBIT C

INSURANCE REQUIREMENTS

Design Professional 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 Design Professional , their agents, representatives, or employees or subcontractors.

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

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

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

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

2. Minimum Limits of Insuranc e. Design Professional shall maintain limits no less than:

A. General Liability: $1,000,000.00 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, coverage shall be twice the per occurrence amount.

B. Automobile Liability: $1,000,000 .00 per accident for bodily injury and property damage.

C. Workers’ Compensation and Employer's Liability: $1,000,000 .00 per accident for bodily injury or disease. If Borrower is not subject to California Workers’ Compensation requirements, Borrower shall file a completed certificate of exemption form which may be obtained from the City of Vallejo prior to commencing any activity authorized hereunder.

D. Professional Liability , (Errors and Omission): $1,000,000 .00 coverage continuing for 3 years after completion of services rendered.

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Design Professional Services Agreement (Revised 05.2025) Page 2 of 3 Exhibit C

3. Deductible and Self-Insured Retention. Any deductibles or self -insured retention greater than $10,000 must be declared to and approved by the City ’s Risk Manager. If the deductibles or self-insured retention limit is unacceptable to the City’s Risk Manager, at his or her option, the insurer shall either reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Design Professional shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

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

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

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

F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents

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Design Professional Services Agreement (Revised 05.2025) Page 3 of 3 Exhibit C
and volunteers, which might arise by reason of payment under such policy in connection with Design Professional’s performance under this Agreement.

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

6. Verification of Coverage. Design Professional shall furnish the City with original certificates of insurance for all insurances required by this Agreement and endorsements effecting general and automobile liability insurance coverage required by this clause. The 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 Attorney before work commences. The City reserves the right to require complete, ce rtified copies of all required insurance policies, including endorsements affecting the coverage, by this Agreement at any time. All verification of coverage and other insurance documents shall be mailed to the following address or to any other subsequent address as may be directed in writing by the City Attorney:

City of Vallejo
Attn: City Attorney
555 Santa Clara Street
Vallejo, CA 94590

7. Subcontractors. Design Professional shall include all sub contractors 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 Design Professional if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Design Professional otherwise ceases to be insured as required herein.

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ATTACHMENT 1 TO EXHIBIT A

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Vallejo Waterfront Parks Grant Implementation Support
February 27, 2025

Page 2 ends

SCOPE OF SE
RVICES
This agreement is made as of February 27, 2025 by and between Gates + Associates, (GATES) [California License No. 6032], a California corporation, and City of Vallejo (Client).

As provided in this Agreement, GATES will provide landscape architectural services for the following project (the "Project"):

Support th e City Team to refine concept designs for Mare Island Way, Barbara Kondylis Park and Independence Park to determine ideal locations for planting and irrigation improvements associated with the awarded grant.

I. BASIC SERVICES
A. Grant Implementation Support

1. Orientation meeting with City to establish project parameters; including workscope, budget, sche dule, jurisdictional agency requirements and preliminary design objectives.

2. Review all available concept designs and site plan information for Mare Island Way, Barbara Kondylis Park and Independence Park.

3. Develop cohesive conceptual site plan for project area to be reviewed by the City Staff.

4. Refine concept based on f eedback. Refined package to include:
a. Overall diagrammatic site plan
b. Tree Palette
c. Plant Palette
d. Preliminary irrigation strategy
e. Character Images

5. Facilitate a Community Meeting to share concept and solicit input. May include graphic presentation of project area, summary of grant improvement opportunities and discussion of design concept.

6. Prepare Sub
mittal Package for review from:
a. Design Review
b. Planning Commission
c. City Council
d. BCDC

7. Refine concept package based on feedback.

8. Facilitate a second community outreach open house to share final project concept. May include a town hall presentation that shares project updates and discussion of design concept.

9. Upon ap
proval of the final project concept, prepare diagrams to indicate areas of improvement (planting and irrigation) to be implemented with grant funds.

10. Meet with City to review implementation strategy.

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Vallejo Waterfront Parks Grant Implementation Support
February 27, 2025

Page 3 ends

11. Prepare documents to solicit bids for implementation of planting and irrigation only.
a. Tree Plan and Details
b. Planting Plan and Details
c. Irrigation Plan and Details
d. Specifications

12. Day‐to‐day coordination with Design Team. Max 40 hours.

PRODUCTS:

Conceptual Landscape Plan (electronic)
City Submittal Package (electronic)

MEETINGS:

Client / Project Team (virtual) 6
Public Outreach 2

II. ADDITIONAL CONDITIONS
A. Meetings

1. Attendance at the aforementioned meetings is included in the scope of work.

This proposal assumes that each meeting is a maximum of four (4) hours.

2. Additional meetings are not in the
scope of this proposal and would be billed at
the hourly rates described in Item IV.

B. Client shall provide all existing information necessary for the completion basic services as described in this letter of agreement.

C. The work described in Item I shall be performed as one set of Construction Documents.

Splitting the project into more than one phase of construction or more than one project may require an increase in the fee shown in Item IV.

D. Opinions of Probable Construction Cost prepared by GATES are approximate only and do not take into account future market conditions or contractor's bidding methods. GATES has no control over costs of labor, materials or equipment and GATES estimates cannot be guaranteed.

E. GATES is not responsible for means, methods, sequences, techniques and procedures of construction or for safety precautions associated with construction.

F. Regarding site structures, GATES shall show design characteristics and configuration of these features. All structural engineering, if required, shall be by other consultants and are not included in this contract.

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Vallejo Waterfront Parks Grant Implementation Support
February 27, 2025

Page 4 ends

G. Regarding Geo Technical Soils Services, GATES will rely on soils reports and geo‐technical information provided by client. Geotechnical services are not part of this contract.

H. Regarding Agency and City Submittals, GATES will provide electronic copies of plans to client / engineer or Architect for submittal. Coordination of City permitting not a part of this scope.

I. Regarding Punch Lists and Construction Administration/ Observation Field Reports, field reports are developed in order to identify corrections and/or completions required on site. Punch List/ Field Report observation is not a comprehensive inspection and is not intended to address every possible deficiency, whether latent or patent, nor shall Landscape Architect’s agreement to generate the Punch List relieve the Contractor and its Subcontractors from their sole obligation to construct the project according to the Contract Documents. Punch List and Field Reports will include review and inspection of landscape design scope and irrigation only.

III. COMPENSATION FOR SERVICES
A. The fee for the services indicated in Item I of this proposal shall be:

A. Grant Implementation Support $176,460

TOTAL $176,460
+ reimbursables
B. For billing procedures, see Appendix A.

C. Limit of Work Diagram
Demonstrates potential priorities for planting and irrigation improvements associated with grant.

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Vallejo Waterfront Parks Grant Implementation Support
February 27, 2025

Page 5 ends

IV. ADDITIONAL SERVICES
A. Any extra services, including additional work or meetings, requested by the Client in addition to those indicated in this proposal shall be billed at the hourly rate listed below in addition to the fee indicated in Item III above.

Hourly Fees for Services of: Rate Per Hour:

Partner $235.00‐$250.00
Principal $220.00 ‐ $235.00
Outreach Coordinator $185.00 ‐ $205.00
Associate Principal $205.00 ‐ $220.00
Senior Associate $185.00 ‐ $205.00
Associate Planner $165.00 ‐ $185.00
Job Captain $165.00 ‐ $185.00
Planner $145.00 ‐ $155.00
Irrigation Designer $200.00 ‐ $210.00
Production $155.00 ‐ $175.00

Note: The hourly rates shown may be revised as described in Appendix A, but would not affect the amount of compensation shown in Item III.

B. Additional services shall include but are not limited to the following:

1. Significant Site Plan or Architecture revisions post project Kick‐Off.

2. Revisions to the design following commencement of the Construction Documents Phase.

3. Additional meetings to those described above.

4. Preparation of front end (boilerplate) non‐technical specifications.

5. Horticultural consulting and soils analysis.

6. Prepare a Preliminary Opinion of Probable Cost broken down into major categories.

Accepted by:

__________________________________________ Date:
____________________
Client Representative,
City of Vallejo

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Vallejo Waterfront Parks Grant Implementation Support
February 27, 2025

Page 6 ends

APPENDIX A
TERMS AND CONDITIONS OF AGREEMENT BETWEEN CLIENT
AND DAVID L. GATES AND ASSOCIATES, INCORPORATED

The following additional terms and conditions are appended to, and part of, the Agreement for professional services between Gates + Associates, Inc., (GATES) [California License No. 6032], a California corporation, and City of Vallejo (Client), dated February 26, 2025.

1. GATES will provide the Scope of Services as described. GATES agrees to perform the services set forth in this agreement, and Client agrees to pay for said services on the terms set forth in this agreement.

2. Additional Services not set forth in the Scope of Services include, but are not limited to, changes in the scope or detail of the work made at the request of Client; services made necessary by unforeseen conditions not disclosed to GATES at the time of entering into this agreement; and any other service performed by GATES not reasonably within the scope of the services envisioned at the time of entering into this agreement. All additions to the scope of work shall be in writing, and executed by the Client.

3. GATES’s Fees shall be as described in the Scope of Services, plus Expenses. Expenses of consultants and other direct expenses shall be paid by the Client in the amount invoiced to GATES’s plus ten percent (10%) for handling and indirect costs. These may include, but are not limited to irrigation consultants, printing and reproduction costs, mileage and travel costs, and other miscellaneous expenses.

4. Additional Services, requested and authorized by the Client, shall be paid on an hourly basis at the current standard scheduled rates below. GATES’s hourly rate schedule may be adjusted on January 1 and July 1 of each year and shall apply for any services rendered after that date.

Hourly Fees for Services of: Rate Per Hour:

5. Invoices for Services and Reimbursables shall be provided by GATES each month and are payable upon receipt. You agree to review the invoice and ask any questions of GATES within ten (10) days of receipt. If we do not hear from you, the invoice shall be deemed proper and acceptable. If your

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Page 7 ends

balance is not paid within thirty (30) days from receipt, the unpaid balance will accrue interest at ten percent (10%) per annum compounded daily until paid in full.

6. GATES reserves the right to suspend work in the event invoices are past due. GATES may recommence work when full payment is received, including collection costs, attorney fees, and other costs, or other satisfactory arrangements are made with the Client. If a delinquency by Client occurs and GATES chooses not to suspend work, no waiver or estoppel shall be implied or inferred. Client agrees and understands that if GATES decides to so suspend its work, GATES shall not be liable for any costs or damages, including but not limited to delay and consequential damages, to the Owner, Client, or any other third party, that may arise from or be related to such a work suspension. Client agrees to hold GATES harmless from and completely indemnify GATES from and against any and all damages, costs, attorney's fees, and/or other expenses which GATES may incur as a result of any claim by any person or entity arising out of such a suspension of work.

7. If any litigation, arbitration, or other legal action arising out of this contract ensues, the prevailing party shall be entitled to, without limitation, reasonable attorney's fees, collection expenses, expert fees, and costs.

8. This Agreement may be terminated by either Client or GATES by giving written notice at least thirty (30) days prior to the date of termination. In the event of such termination, Client shall pay GATES for Services and Reimbursable Expenses performed or incurred prior to the termination date, plus all costs and expenses directly attributable to such termination for which GATES is not otherwise compensated.

9. Plans, drawings and specifications or other writings or documents prepared or provided by GATES hereunder are prepared for specific use by the Client on this Project only. Client agrees not to use the whole or part of said plans, drawings, and specifications or other writings or documents prepared or provided by GATES for other projects or extensions to the Project or any other purpose without the express written consent of GATES. GATES shall provide Client with a reproducible set of drawings and specifications for its records. Client further agrees to hold GATES harmless from and indemnify GATES from and against any and all damages, losses, costs, and/or expenses, including attorney's fees, which GATES may incur as a result of a claim by any party or entity, arising out of an unauthorized use of said plans, drawings, specifications, and/or documents.

10. Client agrees that GATES’s liability for negligence to Client shall be limited to the amount paid by Client hereunder for GATES’s fees for Basic Services and Additional Services.

11. This Agreement represents the entire Agreement between Client and GATES. This Agreement may be amended only by a writing signed by both Client and GATES.

12. This contract shall be governed by the laws of the State of California and shall be deemed to have been entered into in Walnut Creek, California, regardless of where it is physically executed. If suit or arbitration is filed to enforce this contract, the parties consent to personal jurisdiction in the courts of Contra Costa County, State of California, and waive the right to have the suit brought in, tried in, or removed to any other judicial jurisdiction.

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Partner Principal Associate
Principal
Irrigation
Designer
Outreach
Coordinator
Senior
Associate Job Captain Production
Hourly Rate $250 $235 $220 $225 $205 $205 $185 $165 SUBTOTAL Kick off Meeting 2 2 2 2 $1,680
Concept Review 2 4 4 4 $2,980
Cohesive Concept Development 8 16 16 16 16 16 $18,160
Concept Refinement Round 1 4 8 8 8 12 12 $10,480
Community Meeting Round 1 4 4 12 4 16 $7,780
Public Submittals and Presentation 4 12 12 16 16 16 $15,340 Design Review 4 4 4 $2,760
Planning Commission 4 4 4 $2,760
City Council Presentation 4 4 4 $2,760
BCDC 16 32 32 24 24 40 $34,520
Concept Refinement Round 2 8 12 12 16 16 16 $16,340
Community Meeting Round 2 4 4 12 4 16 $7,780
Implementation Diagrams 4 8 2 12 8 8 8 $10,460
Meet with City 2 2 2 2 $1,830
Implementation Documents 16 16 24 40 32 32 $32,080
Project Coordination 10 10 10 10 $8,750
TOTAL $176,460
Reimbursable Allowance 2,000$
GATES + ASSOCIATES
GRANT IMPLEMENTATION SUPPORT
ATTACHMENT 1 TO EXHBIT B

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ATTACHMENT 1 TO EXHIBIT A

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Vallejo Waterfront Parks Grant Implementation Support
February 27, 2025

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SCOPE OF SE
RVICES
This agreement is made as of February 27, 2025 by and between Gates + Associates, (GATES) [California License No. 6032], a California corporation, and City of Vallejo (Client).

As provided in this Agreement, GATES will provide landscape architectural services for the following project (the "Project"):

I. BASIC SERVICES
A. Grant Implementation Support

1. Orientation meeting with City to establish project parameters; including workscope, budget, sche dule, jurisdictional agency requirements and preliminary design objectives.

2. Review all available concept designs and site plan information for Mare Island Way, Barbara Kondylis Park and Independence Park.

3. Develop cohesive conceptual site plan for project area to be reviewed by the City Staff.

4. Refine concept based on f eedback. Refined package to include:
a. Overall diagrammatic site plan
b. Tree Palette
c. Plant Palette
d. Preliminary irrigation strategy
e. Character Images

5. Facilitate a Community Meeting to share concept and solicit input. May include graphic presentation of project area, summary of grant improvement opportunities and discussion of design concept.

6. Prepare Sub
mittal Package for review from:
a. Design Review
b. Planning Commission
c. City Council
d. BCDC

7. Refine concept package based on feedback.

8. Facilitate a second community outreach open house to share final project concept. May include a town hall presentation that shares project updates and discussion of design concept.

9. Upon ap
proval of the final project concept, prepare diagrams to indicate areas of improvement (planting and irrigation) to be implemented with grant funds.

10. Meet with City to review implementation strategy.

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11. Prepare documents to solicit bids for implementation of planting and irrigation only.
a. Tree Plan and Details
b. Planting Plan and Details
c. Irrigation Plan and Details
d. Specifications

12. Day‐to‐day coordination with Design Team. Max 40 hours.

PRODUCTS:

Conceptual Landscape Plan (electronic)
City Submittal Package (electronic)

MEETINGS:

Client / Project Team (virtual) 6
Public Outreach 2

II. ADDITIONAL CONDITIONS
A. Meetings

1. Attendance at the aforementioned meetings is included in the scope of work.

This proposal assumes that each meeting is a maximum of four (4) hours.

2. Additional meetings are not in the
scope of this proposal and would be billed at
the hourly rates described in Item IV.

B. Client shall provide all existing information necessary for the completion basic services as described in this letter of agreement.

C. The work described in Item I shall be performed as one set of Construction Documents.

Splitting the project into more than one phase of construction or more than one project may require an increase in the fee shown in Item IV.

E. GATES is not responsible for means, methods, sequences, techniques and procedures of construction or for safety precautions associated with construction.

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G. Regarding Geo Technical Soils Services, GATES will rely on soils reports and geo‐technical information provided by client. Geotechnical services are not part of this contract.

H. Regarding Agency and City Submittals, GATES will provide electronic copies of plans to client / engineer or Architect for submittal. Coordination of City permitting not a part of this scope.

III. COMPENSATION FOR SERVICES
A. The fee for the services indicated in Item I of this proposal shall be:

A. Grant Implementation Support $176,460

TOTAL $176,460
+ reimbursables
B. For billing procedures, see Appendix A.

C. Limit of Work Diagram
Demonstrates potential priorities for planting and irrigation improvements associated with grant.

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Hourly Fees for Services of: Rate Per Hour:

Note: The hourly rates shown may be revised as described in Appendix A, but would not affect the amount of compensation shown in Item III.

B. Additional services shall include but are not limited to the following:

1. Significant Site Plan or Architecture revisions post project Kick‐Off.

2. Revisions to the design following commencement of the Construction Documents Phase.

3. Additional meetings to those described above.

4. Preparation of front end (boilerplate) non‐technical specifications.

5. Horticultural consulting and soils analysis.

6. Prepare a Preliminary Opinion of Probable Cost broken down into major categories.

Accepted by:

__________________________________________ Date:
____________________
Client Representative,
City of Vallejo

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APPENDIX A
TERMS AND CONDITIONS OF AGREEMENT BETWEEN CLIENT
AND DAVID L. GATES AND ASSOCIATES, INCORPORATED

Hourly Fees for Services of: Rate Per Hour:

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balance is not paid within thirty (30) days from receipt, the unpaid balance will accrue interest at ten percent (10%) per annum compounded daily until paid in full.

10. Client agrees that GATES’s liability for negligence to Client shall be limited to the amount paid by Client hereunder for GATES’s fees for Basic Services and Additional Services.

11. This Agreement represents the entire Agreement between Client and GATES. This Agreement may be amended only by a writing signed by both Client and GATES.

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Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUCIL OF THE CITY OF VALLEJO

APPROVING THE DESIGN PROFESSIONAL SERVICES AGREEMENT
WITH DAVID L. GATES AND ASSOCIATES TO PROVIDE LANDSCAPE

ARCHITECT SERVICES AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME IN AN AMOUNT NOT TO EXCEED $200,000

WHEREAS, the ability to bring in consultants on an as needed basis allows the Public Works Department to provide better customer service to the public and better manage workload to deliver projects in a timely manner; and
WHEREAS, the City desires to use the contract services of David L. Gates and Associates, a landscape architect firm, to perform work on the Urban Forest project in the City of Vallejo, and
WHEREAS, on February 27, 2023, the City of Vallejo Public Works Department published the Request for Qualifications for On-Call Engineering Consulting Services; and
WHEREAS, the statement of qualifications were submitted and accepted for the David L. Gates and Associates Landscape Architect category.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the Design Professional Services Agreement between the City of Vallejo and David L. Gates and Associates, Inc. for Landscape Architect Services in an amount not to exceed $200,000 for the full life of this agreement.

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BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute same, with any modification recommended by the City Attorney and the City Clerk to attest the signing of this agreement.

Adopted by the City Council of the City of Vallejo at a regular meeting held on June 10, 2025, with the following vote:

AYES:

NOES:

ABSENT:

______________________________

ANDREA SORCE, MAYOR

______________________________
ATTEST: DAWN G. ABRAHAMSON, CITY CLERK

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ACTION ITEM 9.A.

DATE: June 10, 2025
TO: Mayor and Members of the City Council
FROM: Kristin Pollot, AICP, Planning & Development Services Director Robert Busick, AICP, Senior Planner
SUBJECT: HOLD A PUBLIC HEARING TO CONSIDER AND POSSIBLY ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP (GPA23- 0001) TO CHANGE THE LAND USE DESIGNATION AT THE PROPERTY LOCATED AT 1235 WARREN AVENUE (APN: 0074-160-730) FROM PRIMARILY SINGLE-FAMILY (R- SF) TO BUSINESS/LIMITED RESIDENTIAL (B/LR); AND INTRODUCING AN ORDINANCE AMENDING THE ZONING MAP (CTA23-0001) TO CHANGE THE ZONING

DESIGNATION FROM RESIDENTIAL LOW DENSITY (RLD) TO REGIONAL

COMMERCIAL (RC)

RECOMMENDATION
Hold a public hearing to consider and possibly adopt a resolution approving an amendment to the General Plan Land Use Map (GPA23-0001) to change the land use designation at the property located at 1235 Warren Avenue (APN: 0074-160-730) from Primarily Single-Family (R-SF) to Business/Limited Residential (B/LR); and introducing an ordinance amending the zoning map (CTA23-0001) To change the zoning designation from Residential Low Density (RLD) to Regional Commercial (RC).

REASONS FOR RECOMMENDATION
Staff recommends the City Council approve the General Plan Map Amendment and Zoning Map Amendment for the following reasons: (1) the project is in the public interest; (2) the project is consistent with General Plan 2040 and all applicable provisions of the Vallejo Municipal Code (VMC); and (3) the Planning Commission held a public hearing, made all the required findings, and adopted Resolution No. 25-05 recommending City Council approval of the project, as presented.

BACKGROUND AND DISCUSSION
On August 29, 2017, the City Council adopted the Propel Vallejo, General Plan 2040, which designated the parcel located at the project site as "Primarily Single-Family" (R-SF) residential.

On June 22, 2021, the City Council adopted a new Zoning Code and Zoning Map, and rezoned the project site to "Residential Low Density" (RLD) to ensure consistency with the updated General Plan.

Background:

On May 18, 2023, the property owner of 1235 Warren Avenue (APN: 0074-160-730) submitted an application for a General Plan Map Amendment and Zoning Map Amendment (GPA23-0001, CTA23-0001) to change the parcel's land use and zoning designations from "Residential Single-Family" (R-SF) and "Residential Low Density" (RLD), respectively, to "Buisness/Limited Residential" (B/LR) and "Regional Commercial" (RC) (the "Project").

On April 7, 2025, the Planning Commission held a duly noticed public hearing to consider testimony and evidence, both written and oral, as well as other documents contained in the record of proceedings relating to the Project and, by a vote of 4-0 with three absences, adopted Resolution No. 25-05 recommending approval

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Date: June 10, 2025
Subject: HOLD A PUBLIC HEARING TO CONSIDER AND POSSIBLY ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP (GPA23- 0001) TO CHANGE THE LAND USE DESIGNATION AT THE PROPERTY LOCATED AT 1235 WARREN AVENUE (APN: 0074-160-730) FROM PRIMARILY SINGLE- FAMILY (R-SF) TO BUSINESS/LIMITED RESIDENTIAL (B/LR); AND INTRODUCING AN ORDINANCE AMENDING THE ZONING MAP (CTA23-0001) TO

CHANGE THE ZONING DESIGNATION FROM RESIDENTIAL LOW DENSITY (RLD)

TO REGIONAL COMMERCIAL (RC)

Page 2 ends

of the Project.

On April 9, 2025, the Yocha Dehe Wintun Nation, through correspondence from its representative, Eric Hernandez, agreed to remove Condition of Approval 1 from the Planning Commission Resolution No. 25-05 (included as Attachment 6 to this report) related to cultural sensitivity training for construction crews, due to the fact that no development of the site is proposed in conjunction with the Project.

Site Context and Surrounding Land Uses:

The Project Site consists of a 0.49-acre parcel located at the southwest corner of Warren Avenue and Glen Cove Road, directly adjacent to the westbound I-780 on-ramp. The Site is generally flat and sits approximately 10-15 feet below the existing freeway grade to the south. The Site was previously developed with a commercial building (originally designed for a veterinary clinic) and surrounding surface parking; however, it has been sitting vacant since approximately 2023.

The immediate vicinity of the Project Site is characterized by existing cemetery uses and established low- density residential uses within the jurisdiction of Solano County (see Figure 1 in Attachment 5). The Carquinez Cemetery is located immediately north of the site and the St. Vincent’s All Souls Cemetery is located east of the Site across Glen Cove Road. The westbound on-ramp for Interstate 780 (I-780) is located immediately south of the Project Site. Immediately west of the Site is an undeveloped parcel utilized as a construction storage yard, with unincorporated Solano County further west. Interstate 80 (I-80) is approximately 1 mile to the west of the project site, and directly across I-780 to the southeast is a multi-tenant retail commercial shopping center (“Glen Cove Center”) anchored by a grocery store.

Project Description:

The proposed project consists of a request for General Plan Map Amendment to change the site’s existing General Plan land use map designation from “Primarily Single-Family” to “Business/Limited Residential,” and Zoning Map Amendment to change the zoning designation from “Residential Low Density” (RLD) to “Regional Commercial” (RC).

The applicant has stated that they have no plans to redevelop the site at this time; however, they would like to change the land use and zoning in order to broaden the marketability of the site for commercial uses that may more appropriately fit with the existing commercial structure on the site. As such, the proposed project includes the request for general plan map amendment and zoning change only, with no other entitlement or development request proposed at this time.

CODE COMPLIANCE:

General Plan: Vallejo Municipal Code (VMC) Section 17.04.060 and Government Code Section 65358 provide authority for the City Council to approve an amendment of the General Plan if it finds that the proposed change "is in the public interest." VMC Section 17.04.060 states that any proposed amendment to the General Plan must first be referred to the Planning Commission for a report, and VMC 17.04.020 requires that any recommendation on a proposed General Plan amendment by the Planning Commission shall be adopted by resolution "carried by the affirmative vote of not less than a majority of its total voting members."

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CHANGE THE ZONING DESIGNATION FROM RESIDENTIAL LOW DENSITY (RLD)

TO REGIONAL COMMERCIAL (RC)

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Zoning: VMC Section 17.06.020 and Government Code Section 65359 state that, in every instance, the Zoning Code shall be consistent with the General Plan. VMC Table 16.102-A provides that the proposed "Regional Commercial" zoning district for the site is considered consistent with the proposed "Business/Limited Residential" General Plan land use designation. Therefore, the project as proposed would retain consistency between documents.

VMC Section 16.611.02.C further provides that any proposal for a zoning amendment shall be analyzed for conformity with the required findings in VMC Section 16.611.03.B for approving a zoning amendment and an environmental document shall be prepared in compliance with the California Environmental Quality Act (CEQA).

VMC Section 16.611.03(B) states that the City Council shall not approve a zoning map amendment unless it makes the following required findings:

1. The change in district boundaries is consistent in principle with the general plan;

2. The change in district boundaries is consistent with the purpose of the Zoning Code to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, and general welfare; and

3. The change in district boundaries is necessary to achieve the balance of land uses desired by the city, consistent with the general plan, and to increase the inventory of land within a given zoning district.

STAFF ANALYSIS:

Staff believes that the required findings as listed above can be made for the proposed project. A summary of staff’s analysis is included below, with specific analysis associated with each required finding, including a recommended statement of fact, incorporated into the attached resolution (Attachment 1 of this report) and ordinance (Attachment 3 of this report).

I. General Plan Map Amendment

As mentioned above, the current General Plan land use designation for this site is “Primarily Single-Family,” which applies to residential neighborhoods consisting primarily of detached single-family homes. Some older areas within this designation contain attached dwellings and small stores which are scaled to serve the immediate surrounding residential neighborhood. The existing RLD zoning district applicable to this project site is currently consistent with the Primarily Single-Family General Plan land use designation.

Staff believes the proposed change in land use for the site would be in the public interest. The proposed General Plan land use designation of “Business/Limited Residential” provides for high quality employment- based businesses including restaurants, retail stores, automotive services, personal and business services, hotels, and recreational facilities that cater to the needs of businesses, employees, and residents of the surrounding area. Residential uses are also accommodated within this designation, with a minimum residential density of 25 dwelling units per acre (du/ac), up to 50 du/ac. With the location of this subject site adjacent to a

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Vallejo City CouncilJune 10, 2025

Vallejo City Council
June 10, 2025