Vallejo City Council
August 5, 2025

HYBRID MEETING
www.Cityofvallejo.net

CALL AND NOTICE OF SPECIAL
MEETING AT 7:00 PM OF THE

VALLEJO CITY COUNCIL

AUGUST 5, 2025

Council Chambers
555 Santa Clara Street
Vallejo, CA 94590

COUNCIL MEMBERS
Andrea Sorce (Mayor)
Peter Bregenzer (Vice-Mayor)
Helen-Marie Gordon
Tonia Lediju, PhD
Alexander Matias
Diosdado "JR" Matulac
Charles Palmares

NOTICE: Members of the Public will be able to participate in-person or remotely via Zoom
City Hall and the Council Chambers will be open to
members of the public 30 minutes prior to the start of
the meeting.

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

For additional instructions on how to speak remotely
during public comment, please
visit, www.cityofvallejo.net/publiccomment
VIEW THE MEETING:

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

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

AGENDA
TO THE MEMBERS OF THE VALLEJO CITY COUNCIL:

You are hereby notified that I do hereby call the Vallejo City Council in special session to consider only the matters stated on the agenda listed below. NOTICE: Members of the public shall have the opportunity to address the City Council concerning any item listed on the agenda before or during consideration of that item. No other items may be discussed at this special meeting

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION

5. PRESENTATIONS AND COMMENDATIONS

6. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Members of the public wishing to address the Council on Consent Calendar Items are requested to submit a completed speaker card to the City Clerk. Each speaker is limited to three minutes pursuant to Vallejo Municipal Code Section 2.02.310. Requests for removal of Consent Items received from the public are subject to approval by a majority vote of the Council. Items removed from the Consent Calendar will be heard immediately after approval of the Consent Calendar and Agenda.

7. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT WITH NAPA SOLANO SANE/SART FOR AN AMOUNT NOT TO EXCEED $300,000
THROUGH JUNE 30, 2027 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME
Recommendation: Adopt a resolution authorizing the City Manager to sign the First Amendment with Napa Solano Sane/Sart for an amount not to exceed $300,000 through June 30, 2027.

Contact: Jason Ta, Chief of Police
[email protected]
B. ADOPT A RESOLUTION APPROVING THE CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT WITH CAPITOL ADVOCACY

PARTNERS FOR GRANT-RELATED SERVICES FOR VALLEJO POLICE
DEPARTMENT FOR AN AMOUNT NOT-TO-EXCEED $800,000 THROUGH JUNE 30, 2028 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt a Resolution approving a Consultant and Professional Services Agreement with Capitol Advocacy Partners for grant-related services for Vallejo Police Department for an amount not-to-exceed $800,000 through June 30, 2028 and authorizing the City Manager to execute same.

Contact: Jason Ta, Chief of Police
[email protected]

C. ADOPT A RESOLUTION FINDING THE DOCK "A" REMOVAL PROJECT (PWM07) CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(d), APPROVING THE PROJECT

PLANS AND SPECIFICATIONS FOR THE PROJECT, AWARDING A

CONTRACT TO POWER ENGINEERING CONSTRUCTION COMPANY, OF
ALAMEDA, CALIFORNIA IN THE AMOUNT OF $646,100 AND REJECTING

ALL OTHER BIDS, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT
Recommendation: Adopt a Resolution finding the Dock "A" Removal Project (PWM07) categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(d), approving the project plans and specifications for the project, awarding a contract to Power Engineering Construction Company of Alameda, California in the amount of $646,100 and rejecting all other bids, and authorizing the City Manager to execute the contract.

Contact: Oscar Alcantar, Interim Public Works Director, (707) 648-4433 [email protected]
D. ADOPT A RESOLUTION APPROVING THE GRANTING OF A UTILITY

EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY (PG&E) OVER CITY-OWNED PROPERTY AT APN 0068-090-060 FOR THE INSTALLATION

OF UNDERGROUND ELECTRICAL EQUIPMENT, FINDING THE ACTION

CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO CEQA GUIDELINES SECTIONS 15303(d) AND
15304(f), AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID

EASEMENT
Recommendation: Adopt a Resolution approving the granting of a utility easement to Pacific Gas and Electric Company (PG&E) over City-owned property at APN 0068-090-060 for the installation of underground electrical equipment, finding the action categorically exempt from environmental review pursuant to CEQA Guidelines Sections 15303(d) and 15304(f), and authorizing the City Manager to execute said easement.

Contact: Oscar Alcantar, Item Director of Public Works
[email protected]
E. ADOPT A RESOLUTION APPROVING AN ON-CALL COOPERATIVE
AGREEMENT WITH UNITED RENTALS (NORTH AMERICA), INC. FOR AN AMOUNT NOT TO EXCEED $250,000 AND AUTHORIZE THE CITY

MANAGER TO EXECUTE SAME
Recommendation: Adopt a Resolution approving an On-Call Cooperative Agreement with United Rentals (North America), Inc. for an amount not to exceed $250,000 and authorize the City Manager to execute same.

Contact: Oscar Alcantar, Interim Public Work Director, 707-648-4433 [email protected]
F. ADOPT A RESOLUTION APPROVING A DESIGN PROFESSIONAL
SERVICES AGREEMENT WITH GARAVAGLIA ARCHITECTURE, INC. FOR ARCHITECTURAL DESIGN SERVICES IN THE AMOUNT OF $219,360 FOR

THE ADMIRAL'S MANSION / QUARTERS "A" IMPROVEMENT PROJECT, PROJECT NO. MINPS, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SAME
Recommendation: Adopt a resolution approving a Design Professional Services Agreement with Garavaglia Architecture, Inc. for architectural design services in the amount of $219,360 for the Admiral’s Mansion / Quarters "A" Improvement Project, Project No. MINPS, and authorizing the City Manager to execute the same.

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

8. ACTION CALENDAR
NOTICE: Members of the public wishing to address the Council on Action Calendar Items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM (https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press *9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420 or as approved and announced by the Mayor. In person speakers will be recognized first
A. APPOINTMENTS TO VARIOUS CITY BOARDS AND COMMISSIONS
Recommendation: Adopt a resolution making the following appointments:
• Architectural Heritage & Landmarks Commission (AHLC) - 1 vacancy • Beautification Commission (BC) - 2 vacancies
• Commission on Culture + Arts (CAC) - 1 vacancy
• Housing & Community Development Commission (HCDC)- 3 vacancies • Human Relations Commission (HRC) - 4 vacancies
• McCune Collection Commission (MCC) - 1 vacancy
• Participatory Budgeting Steering Committee (PBSC) - 11 member and 3 alternate vacancies
• Planning Commission (PC) - 2 vacancies
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
B. ADOPT A RESOLUTION APPROVING THE CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT WITH FELTON INSTITUTE FOR THE IHART PROGRAM FOR AN AMOUNT NOT TO EXCEED $1,598,675 THROUGH JUNE 30, 2026 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME
Recommendation: Adopt a Resolution authorizing the Consultant and Professional Services Agreement with Felton Institute for the IHART Program for an amount not to exceed $1,598,675 through June 30, 2026 and authorizing the City Manager to execute same.

Contact: Jason Ta, Chief of Police
[email protected]

C. PROVIDE NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2025-2026 BUDGET IN THE AMOUNT OF $642,860.94 OF OPIOID LITIGATION FUND

REVENUE TO SUPPORT THE BROADWAY PROJECT
Recommendation: Provide notice of intent to amend the fiscal year 2025-2026 budget in the amount of $642,860.94 of Opioid Litigation Fund Revenue to support the Broadway Project (step 1 of 2).

Contact: Gillian Haen, Assistant City Manager, (707) 648- [email protected]
D. RECEIVE REQUEST FOR HONORARY STREET SIGN DESIGNATION FOR

A PORTION OF GATEWAY DRIVE AND REQUEST FOR KEY TO THE
CITY. ADOPT A RESOLUTION APPROVING AN HONORARY STREET

SIGN DESIGNATION IN HONOR OF CARSTEN CHARLES (CC) SABATHIA

FOR THE PORTION OF GATEWAY DRIVE BETWEEN SAGE AND
FAIRGROUNDS TO READ "CC SABATHIA WAY - HONORARY" AND

APPROVING THE ISSUANCE OF A KEY TO THE CITY
Recommendation: Adopt a Resolution of the City Council of the City of Vallejo Approving an Honorary Street Sign Designation in Honor of Carsten Charles (CC) Sabathia for the Portion of Gateway Drive Between Sage and Fairgrounds to Read “CC Sabathia Way – Honorary” and Approving the Issuance of a Key to the City
Contact: Erik Rzomp, Executive Assistant to the Mayor
[email protected]
Natalie Peterson, Assistant to the City Manager
[email protected]
E. RECEIVE REQUESTS ON BEHALF OF CONFUNKSHUN FOR A

HONORARY STREET SIGN DESIGNATION, A PROCLAMATION, AND
KEY(S) TO THE CITY. ADOPTION OF A RESOLUTION APPROVING AN

HONORARY STREET SIGN DESIGNATION IN HONOR OF THE R&B FUNK

GROUP CONFUNKSHUN FOR A PORTION OF FLORIDA STREET FROM

MARE ISLAND WAY TO SOLANO AVENUE TO BE DESIGNATED
"CONFUNKSHUN STREET-HONORARY", AND APPROVING A

PROCLAMATION AND ISSUANCE OF KEY(S) TO THE CITY
Recommendation: Adoption of a Resolution Approving an Honorary Street Sign Designation in Honor of the R&B Funk Group ConFunkShun for a Portion of Florida Street From Mare Island Way to Solano Avenue to be Read "ConFunkShun Street-Honorary", and Approving a Proclamation and Issuance of Key(s) to the City
Contact: Sharon Lund, Community Engagement Manager (707) 805-0486 [email protected]
Erik Rzomp, Executive Assistant to Mayor Andrea Sorce (707) 648-4377 [email protected]
F. APPROVE ADMINISTRATIVE UPDATES TO THE CITY COUNCIL POLICY -

HONORARY STREET SIGN DESIGNATION
Recommendation: Approve administrative updates to the City Council Policy – Honorary Street Sign Designation

Contact: Natalie Peterson, Assistant to the City Manager (707) 649-3415 [email protected]
G. CONSIDER REQUEST AND PROVIDE DIRECTION TO STAFF RELATING

TO THE CREATION OF A BUDGET AND FINANCE SUBCOMMITTEE,

INCLUDING TYPE OF SUBCOMMITTEE, NUMBER OF MEMBERS AND

CHARGE AND DUTIES OF THE SUBCOMMITTEE
Recommendation: Provide direction to staff relating to the creation of a Budget & Finance Subcommittee, including type of subcommittee, number of members, charge and duties of the subcommittee, and proposed duration (if ad-hoc subcommittee)
Contact: Rekha Nayar, Finance Director
[email protected]

9. INFORMATION CALENDAR
NOTICE: Members of the public wishing to address the Council on Information Calendar Items may do so in person by signing in to the Public Speaker's kiosk located in the back of the Council Chambers or via ZOOM
(https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press *9 to digitally raise your hand from the phone. Press *6 to unmute/mute. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420 or as approved and announced by the Mayor. In person speakers will be recognized first A. UPDATE ON MARINA
Recommendation: This item is for informational puprpose only. There is no action or staff report associated with this item
Contact: Oscar Alcantar, Interim Public Works Director (707) 648-4433 [email protected]
B. UPDATE ON PLANNING & DEVELOPMENT DEPARTMENTS PERMITTING

PROCESS
Recommendation: This item is for informational purposes only. There is no action or staff report associated with this item
Contact: Kristin Pollot, Planning & Development Services Director [email protected]

10. CITY MANAGER’S REPORT

11. CITY ATTORNEY’S REPORT
A. QUARTERLY REPORT FOR FISCAL YEAR 2024/2025, FOURTH QUARTER (APRIL-JUNE 2025)
Recommendation: This item is for informational purposes only. There is no action required
Contact: Veronica A.F. Nebb, City Attorney
[email protected]

12. REQUEST & ACTION FOR FUTURE AGENDA ITEMS OR SPECIAL PROJECTS

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

14. ADJOURNMENT

ADDITIONAL CITY INFORMATION
Members of the public can:
• Like us on Facebook and Instagram (@cityofvallejo)
• Sign up to receive City Communications via e-mail (www.cityofvallejo.net/subscribe) • Sign up for emergency alerts at: alertsolano.com
Dated: Thursday, July 31, 2025
Andrea Sorce, Mayor
I, Dawn Abrahamson, City Clerk do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to

Andrea Sorce (Mayor)
Peter Bregenzer (Vice-Mayor)
Helen-Marie Gordon
Tonia Lediju, PhD
Alexander Matias
Diosdado "JR" Matulac
Charles Palmares,

at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 2:30 p.m., Thursday, July 31, 2025.

Dated: Thursday, July 31, 2025

CONSENT CALENDAR 7.A.

DATE: August 5, 2025
TO: Mayor and Members of the City Council
FROM: Jason Ta, Chief of Police
SUBJECT: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT WITH NAPA SOLANO SANE/SART FOR AN AMOUNT NOT TO EXCEED $300,000 THROUGH JUNE 30, 2027

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a resolution authorizing the City Manager to sign the First Amendment with Napa Solano Sane/Sart for an amount not to exceed $300,000 through June 30, 2027.

REASONS FOR RECOMMENDATION
Choosing SANE-SART means partnering with an organization built on local trust, guided by compassionate values, staffed by highly trained professionals, and committed to justice and survivor wellness at every stage.

1. Trauma-informed, evidence-based approach
SANE-SART prioritizes care that is guided by both science and compassion. Their services aim to support survivors through healing, emphasizing psychological resilience in addition to forensic investigation.

2. 24/7 forensic examination capability
SANE-SART offers around-the-clock (24/7, 365 days/year) forensic examinations for sexual assault and domestic violence victims.

3. Certified, specially trained professionals
Their Sexual Assault Nurse Examiners (SANEs) and medical personnel are rigorously trained in forensic evidence collection, trauma care, and courtroom testimony processes.

4. Comprehensive wrap-around services
Beyond forensic exams, clients receive advocacy, case management, legal aid referrals, and mental health therapy—all coordinated through programs like the Solano Trauma Recovery Center and the Courage Centers in both Napa and Solano counties.

5. Dedicated support for human trafficking survivors
Since April 2022, SANE-SART has operated a human trafficking program offering crisis advocacy, safe housing, legal services, financial aid, peer counseling, and more. They also staff a 24/7 hotline for trafficking survivors and professionals.

6. Strong local partnerships and accreditation
They collaborate with multiple justice, medical, and advocacy agencies—including district attorneys’ offices, law enforcement, and child advocacy centers—to ensure coordinated, community-wide responses. Their work has earned recognition and awards on multiple occasions.

BACKGROUND AND DISCUSSION

Date: August 5, 2025
Subject: ADOPT A RESOLUTION APPROVING A FIRST AMENDMENT WITH NAPA SOLANO SANE/SART FOR AN AMOUNT NOT TO EXCEED $300,000 THROUGH JUNE 30, 2027

AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Napa-Solano SANE/SART will be responsible for conducting Sexual Assault Response Team (SART) examinations.

SART kits play a critical role in preserving evidence related to sexual assault and must be completed promptly and meticulously. Specially trained SANE nurses carry out these examinations for both child and adult victims, ensuring proper evidence collection around the clock—24 hours a day, seven days a week—to support potential criminal prosecutions.

FISCAL IMPACT
The estimated yearly expenditure of $100,000 is included in the approved Police Department’s annual budget.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has the 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(b)(5).

ATTACHMENTS

1. Resolution - Napa-Solano S.A.N.E.-S.A.R.T. First Amendment CAO Stamp

2. Napa.Solano S.A.N.E-S.A.R.T. First Amendment CAO stamp

3. 25PD156 NAPA SOLANO SANE-SART Consultant and Professional Service Agreement

CONTACT
Jason Ta, Chief of Police
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 25-____ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT

FIRST AMENDMENT BETWEEN CITY OF VALLEJO AND NAPA-SOLANO S.A.N.E./S.A.R.T. FOR AN AMOUNT NOT TO EXCEED $300,000 THROUGH JUNE 30, 2027 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

WHEREAS, in December 2024, the City Council approved a one-year Consultant and Professional Services Agreement (“Agreement”) with Napa-Solano S.A.N.E./S.A.R.T. for a total not-to-exceed amount of $90,000 through June 30, 2027; and

WHEREAS, Napa-Solano S.A.N.E./S.A.R.T. continues to provide sexual assault evidentiary examinations of adults & minors; and
WHEREAS, there is sufficient annual budget for a Consultant and Professional Services Agreement with Napa-Solano S.A.N.E./S.A.R.T. in an amount not to exceed $300,000.

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 Napa-Solano S.A.N.E./S.A.R.T. increasing the not to exceed amount to $300,000 through June 30, 2027 and authorizes the City Manager to execute said Consultant and Professional Services Agreement with Napa-Solano S.A.N.E./S.A.R.T.

Adopted by the City Council of the City of Vallejo at a regular meeting held on August 5, 2025, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ANDREA SORCE, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK

First Amendment to Agreement Between City of Vallejo and NAPA-SOLANO S.A.N.E./S.A.R.T. Page 1 of 3 (Revised 06.2025)
Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO

AGREEMENT BETWEEN

CITY OF VALLEJO
AND Napa-Solano S.A.N.E./S.A.R.T.

This First Amendment (the “First Amendment”) to the Consultant and Professional Services Agreement made and entered into on August 14, 2024 (the “Agreement”), between the Napa-Solano S.A.N.E./S.A.R.T., a California non-profit corporation (the “Consultant”), and the City of Vallejo, a municipal corporation (the “City”), is made and entered into on this 3rd day of June 2025.

Consultant and City do mutually agree as follows:

1. Amendment to Exhibit B Section 1. Exhibit B Section 1.A is hereby deleted and replaced with the following:

Services: City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses a not-to-exceed amount of Three Hundred Thousand Dollars ($300,000) for the term of this agreement. Services shall be requested via work order, as needed by the City. A sample of the work order to be used for services under this agreement is attached hereto as Attachment 1 of Exhibit B

2. Indemnification. The following is amended and included in Agreement section 4.

Indemnification, and incorporated as 4b:

Consultant 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 Consultant’s operations, or any subcontractor’s operations, related to costs or benefits associated with California Public Employment Retirement System (CalPERS) membership where Consultant supplies a CalPERS member who CalPERS determines is subject to enrollment.

3. Personnel & CalPERS Prohibition. The following is amended and included in Agreement section 14. Personnel, and incorporated as 14b:

14b. General Prohibition on Assignment of CalPERS Members and Annuitants. Consultant shall not hire, employ, or use, as an employee, subcontractor or agent of Consultant (Assigned Individual) any California Public Employment Retirement System (CalPERS) member or annuitant in connection

First Amendment to Agreement Between City of Vallejo and NAPA-SOLANO S.A.N.E./S.A.R.T. Page 2 of 3 (Revised 06.2025)
with the provision of services under this Agreement. Nor shall Consultant 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 Consultant’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 membership at the time the labor is provided, may exceed 1,000 hours in a fiscal year (July 1 to June 30).

4. Removal of Key Personnel Provision: The Agreement is amended to remove section 4. Key Personnel to Exhibit A of the Agreement, titled “Scope of Work”.

5. No Set Work Hours. The following is amended and included in Exhibit A to the Agreement, titled “Scope of Work”:

Consultant 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.

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

7. 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.

8. 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.

9. 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.

10. Authority. The person signing this First Amendment for Consultant hereby

First Amendment to Agreement Between City of Vallejo and NAPA-SOLANO S.A.N.E./S.A.R.T. Page 3 of 3 (Revised 06.2025)
represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.

IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year First herein above appearing.

NAPA-SOLANO S.A.N.E./S.A.R.T.

BY:

Kari Cordero
Executive Director

DATE:

(City Seal)

CITY OF VALLEJO,
a municipal corporation

BY:

Andrew Murray
City Manager

DATE:

ATTEST:

DAWN G. ABRAHAMSON
City Clerk

APPROVED AS TO CONTENT:

JASON TA
Chief of Police

APPROVED AS TO FORM:

Veronica A. F. Nebb
City Attorney

APPROVED AS TO INSURANCE:

Armond Sarkis
Risk Manager

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Consultant and Professional Services Agreement (Revised 08.2024) Page 1 of 10

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT

This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 14th
th day of August, 2024, by and
between the City of Vallejo, a municipal corporation ("City"), and Napa-Solano SANE/SART, a nonprofit organization, hereinafter referred to as “Consultant”, who agree as follows:

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

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

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

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

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

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

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Consultant and Professional Services Agreement (Revised 08.2024) Page 2 of 10

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

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

8. Independent Contractor. Consultant is an independent contractor.

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

9. Licences, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
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Consultant and Professional Services Agreement (Revised 08.2024) Page 3 of 10

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

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

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

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

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

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

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.
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Consultant and Professional Services Agreement (Revised 08.2024) Page 4 of 10

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

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

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

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

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

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

16. Term. The term of this Agreement shall commence on August 14th, 2024 and shall continue in full force and effect until June 30, 2027.

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

If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement (Revised 08.2024) Page 5 of 10 If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

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

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

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

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

Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

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

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Consultant and Professional Services Agreement (Revised 08.2024) Page 6 of 10

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

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

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

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

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

22. Non-Discrimination/Fair Employment Practices.

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

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

In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement (Revised 08.2024) Page 7 of 10 materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.

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

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

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

If to City: Financial Management
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590

If to Consultant: Kari Cordero
Executive Director
Napa-Solano SANE/SART
1411 Peartree Lane
Napa, CA 94558

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

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

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

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

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Consultant and Professional Services Agreement (Revised 08.2024) Page 8 of 10

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

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

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

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

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

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

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

Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential. 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement (Revised 08.2024) Page 9 of 10

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

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

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

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

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

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

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

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CI T Y O F V A L L E J O,
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B y:

A n dr e w M urr a y
Cit y M a n a g er
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Consultant and Professional Services Agreement (Revised 08.2024) Page 1 of 4 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Jerome Bautista
Captain of Police
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590
707-648-4496

The Consultant’s Representative for this Agreement is:

Kari Cordero
Executive Director
Napa-Solano SANE/SART
1411 Peartree Lane
707-258-9404

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

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

3. Time for Performance. Consultant will 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, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.

4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement (Revised 08.2024) Page 2 of 4 Exhibit A – Scope of Work
obligations under this Agreement and shall be grounds for termination.

Key personnel are as follows: Not applicable.

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Consultant and Professional Services Agreement (Revised 08.2024) Page 3 of 4 Exhibit A – Scope of Work
Attachment 1

1. Sexual Assault Response Team (SART) Exam: Consultant shall arrange for appropriately licensed Sexual Assault Nurse Examiners (SANEs) to conduct SART Exams in accordance with Penal Code section 13825.9 and related regulations, including any subsequent amenments or revisions.

Consultant shall arrange for the collection of any laborary evidence, including but not limited to blood and urine specimens. Consutlant shall be solely responsible for arranging SART exams and to arrange for a suitable facility to be available to perform SART exams.

2. SANE: Consultant shall develop and maintain a written contract with each SANE providing services on behalf of consultant and SANEs shall at all times be subcontractors and under the control of the Consultant and not of the City. SANEs shall conduct the SART exam and will assess and treat patient for communicable disease and pregnancy prevention as related to the alleged assault according to an approved SART Protocol and Standardized Procedure. SANE shall complete training as described in item

6. 3. SART Equipment : Consultant shall be responsible for provision of SART exam kits used directly for the provision of the SART exam and any equipment used in the documentation of the SART exam or evidence including camera, and maintenance of SART equipment including but not limited to colposcope, camera, microscope, and all other equipment used directly for the provision of the SART exam.

4. SART Procedure : Consultant shall develop and periodically review a Standardized Procedure specific to the performance of SART exam and shall provide the procedure to Solano Country for review and approval. The Standardized Procedure will address any concurrent medical treatment to SART exam, which shall be documented in accordance with applicable provisions of the California Code of Regulations and the California Business and Professions Code. Compliance with the Standardized Procedure is the responsibility of the Solano County Medical Director and his/her physician.

Consultant shall keep a current copy of the Standardized Procedure on file in the Emergency Department of each location where Consultant performs SART exams.

5. Evidence: The SANE is responsible for maintaining the chain of possession as evidence moves from the SANE to the appropriate law enforcement agency.

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Consultant and Professional Services Agreement (Revised 08.2024) Page 4 of 4 Exhibit A – Scope of Work

6. Training: Consultant shall assure that SANEs have satisfactorily completed training in infection control, including blood borne pathogens and patient information privacy training as required under the Health Insurance Portability and Accountability Act (HIPPA).

7. Scheduling: Consultant will provide coverage calendar with on-call SANE contact information.

8. Credentialing/Insurance: Consultant shall assure that each of it’s SANE subcontractors will have and maintain a current competency record including proof of licensure, a valid California driver’s license, automobile insurance, and professional liability (malpractice) insurance with limits of coverage of not less than $1,000,000 per event and $3,000,000 in the aggregate; information shall be provided to the City upon request and prior to a SANE providing services to City under this agreement. City will not provide professional liability/medical malpractice insurance coverage to SANEs.

9. Administrative System: Consultant shall establish, maintain and oversee an appropriate billing and payment system for SART exams. SANE’s providing services to the City under this agreement shall maintain documentation regarding Hepatitis B vaccination status and TB testing and provide to City upon request.
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Consultant and Professional Services Agreement (Revised 08.2024) Page 1 of 3 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed ninety thousand dollars ($90,000).

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

City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, as services are completed.

B. Additional Services:

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

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

2. Appropriate Billable Rates for Services and Additional Services.

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

3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
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Consultant and Professional Services Agreement (Revised 08.2024) Page 2 of 3 Exhibit B - Compensation

4. Payments to Consultant.

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

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

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

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

5. Social Security Number or Taxpayer Identification Number

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

7. Total Billed to Date

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

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

D. Request for payment shall be sent to:

Financial Management Section
Vallejo Police Department
[email protected]
111 Amador Street
Vallejo CA 94590

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

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

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Consultant and Professional Services Agreement (Revised 08.2024) Page 3 of 3 Exhibit B - Compensation

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

7. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City. 'RFXVLJQ(QYHORSH,'
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Napa Solano SANE/SART - Schedule of Charges & Fees
(Napa, Solano) Effective July 1, 2023
Reviewed & Approved by the Board of Directors on 06/01/23

LAW ENFORCEMENT FEES

TYPE DESCRIPTION CHARGES
VICTIM
(Napa, Solano, Marin)
Sexual Assault Evidentiary Examination – Adult & Child
Once nurse has been activated by call there is no cancelation. *Courtesy exams done by on behalf of another jurisdiction must provide case number and authorizing officer’s name.
$2,300
VICTIM
(Out of Jurisdiction)
Sexual Assault Evidentiary Examination – Adult & Child – Out of Jurisdiction
*Courtesy exams done by on behalf of another jurisdiction must provide case number and authorizing officer’s name.
$2,400
SUSPECT Sexual Assault Evidentiary Examination $2,300
POST MORTEM Post Mortem $3, 
TRAVEL FEE Travel fee for any ex ams done outside our designated facilities (NBMC, Kaiser Vallejo, DGMC, QVH)
$200
TESTIMONY Request for Examiner to provide testimony regarding sexual assault for any legal proceeding, including but not limited to in person or participation via phone and any other alternative platform. Daily fee will be charged until Examiner
testimony is no longer required (this includes “on call” status).
$1,100
CANCELLATION TESTIMONY Cancellation Polic y: Requesting Entity must provide 24 hours cancellation notice to Examiner to avoid any
additional charge.
$1,100
COURT CONSULTATION Legal Proceeding C onsultation: Request for Examiner to provide sexual assault consultation prior to any legal
proceeding or preparation for proceeding.
$150/hr
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Consultant and Professional Services Agreement (Revised 08.2024) Page 1 of 3 Exhibit C – Insurance Requirements

EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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Consultant and Professional Services Agreement (Revised 08.2024) Page 2 of 3 Exhibit C – Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.

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

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

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

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

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

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

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

F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier 'RFXVLJQ(QYHORSH,'
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Consultant and Professional Services Agreement (Revised 08.2024) Page 3 of 3 Exhibit C – Insurance Requirements
waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.

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

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

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

8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein. 'RFXVLJQ(QYHORSH,'
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CONSENT CALENDAR 7.B.

DATE: August 5, 2025
TO: Mayor and Members of the City Council
FROM: Jason Ta, Chief of Police
SUBJECT: ADOPT A RESOLUTION APPROVING THE CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENT WITH CAPITOL ADVOCACY PARTNERS FOR GRANT-

RELATED SERVICES FOR VALLEJO POLICE DEPARTMENT FOR AN AMOUNT NOT- TO-EXCEED $800,000 THROUGH JUNE 30, 2028 AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution approving a Consultant and Professional Services Agreement with Capitol Advocacy Partners for grant-related services for Vallejo Police Department for an amount not-to-exceed $800,000 through June 30, 2028 and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
Capitol Advocacy Partners (“CAP”) currently provides various grant-related services to Vallejo Police Department (“VPD”). Continuing the partnership with CAP will support and enhance VPD’s efforts to: (1) identify and pursue federal and state funding opportunities, and (2) comply with all administrative and management rules and regulations for existing grants. Grants secured by CAP fund critical technology and equipment for VPD, as well as various community programs, the City of Vallejo would not otherwise be able to fund.

BACKGROUND AND DISCUSSION
Several years ago, CAP’s founding partner established a relationship with VPD, while prior Chief Bidou was at the helm. CAP was instrumental in VPD building community partnerships and obtaining important grants. As a result of these joint efforts, VPD was awarded the James Q. Wilson Award for Excellence in Community Policing at the California Police Chief’s Association Annual Conference in April 2017.

In February 2021, the City entered into a Consultant and Professional Services Agreement with CAP to assist VPD in grant planning, advocacy, writing, and management (“Original Agreement”). CAP’s grant planning services include regular meetings with VPD and other City staff to review Citywide and VPD-specific goals and priorities. These meetings allow CAP to strategically advocate on VPD’s behalf for funding opportunities through governmental agencies and community organizations. Over the past four-plus years, CAP has successfully identified, written, and secured funding in excess of $8.8 million across several VPD priority areas, including a $999,727 award from the California Board of State and Community Corrections (“BSCC”) on July 17, 2025, which will provide partial funding for Project IHART over the next two years. Additional projects being funded by CAP-secured grants are Project HOPE, Project HOME, and The Vallejo Ghost Gun and Gun Violence Reduction Initiative. VPD also has two other CAP-written grant applications pending, including a $2,000,000 state grant application for VPD’s Vallejo VISION Project. The value added to VPD by CAP’s services clearly outweighs the cost of CAP’s services.

The Original Agreement was amended over the years and expired on June 30, 2025. Since CAP has become an integral VPD partner with a unique understanding of challenges and opportunities existing in the City of Vallejo, VPD respectfully requests authority to renew its valuable partnership with CAP via a new Professional

Date: August 5, 2025
Subject: ADOPT A RESOLUTION APPROVING THE CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENT WITH CAPITOL ADVOCACY PARTNERS FOR GRANT-

RELATED SERVICES FOR VALLEJO POLICE DEPARTMENT FOR AN AMOUNT NOT-TO-EXCEED $800,000 THROUGH JUNE 30, 2028 AND AUTHORIZING THE

CITY MANAGER TO EXECUTE SAME

Services Agreement (“Agreement”).

FISCAL IMPACT
The requested $800,000 budget – which is spread across three years - includes existing grant management services paid with grant funds and separate grant planning, advocacy, writing, and management services paid through VPD’s SLEF (Fund 151) fund.

Currently, CAP manages two grants (the CalVIP grant partially funding Project HOPE and the Prop 47 grant fully funding Project HOME) at $3,000 each per month. These services are paid with grant funds. (CAP has also been providing gratuitous grant management assistance for other grants.) In addition, CAP provides various other grant planning, advocacy, and writing services, the amount for which varies depending upon the services rendered each month. These services are paid through VPD’s SLEF (Fund 151) fund.

Notable changes between the Original Agreement and this Agreement are: (a) CAP will no longer provide gratuitous grant management assistance and, instead, will charge a separate $3,000 monthly fee for general grant management assistance, and (b) CAP’s costs will increase 3.5% each year. CAP’s grant writing fee schedule remains the same.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (“CEQA”) because it is not a project that 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 a Consultant and Professional Services Agreement with Capital Advocacy Partners- CAO Stamp

2. Consultant and Professional Services Agreement Capital Advocacy Partners- CAO Stamp

CONTACT
Jason Ta, Chief of Police
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 25-____ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH

CAPITOL ADVOCACY PARTNERS FOR GRANT-RELATED SERVICES FOR VALLEJO POLICE DEPARTMENT IN AN AMOUNT NOT-TO-EXCEED $800,000 THROUGH JUNE 30, 2028 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

WHEREAS, in February 2021, the City of Vallejo entered into a Consultant and Professional Services Agreement with Capitol Advocacy Partners (“CAP”) to assist Vallejo Police Department (“VPD”) with grant planning, advocacy, writing, and management (“Original Agreement”); and

WHEREAS, over the past four-plus years, CAP has successfully identified, written, and secured funding in excess of $8.8 million across several VPD priority areas; and WHEREAS, VPD also has two other CAP-written grant applications pending; and WHEREAS, CAP’s services result in grant funding for critical VPD technology and equipment, as well as various community programs, the City of Vallejo would not otherwise be able to fund; and
WHEREAS, the Original Agreement expired on June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the Consultant and Professional Services Agreement with CAP for grant-related services for VPD for an amount not-to-exceed $800,000 through June 30, 2008.

NOW, THEREFORE, BE IT FURTHER RESOLVED that CAP’s services will be funded through grants or VPD’s SLEF (Fund 151) fund, as appropriate.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Vallejo hereby authorizes the City Manager to execute said Consultant and Professional Services Agreement with CAP for an amount not-to-exceed $800,000 through June 30, 2008.

Adopted by the City Council of the City of Vallejo at a regular meeting held on August 5, 2025, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ANDREA SORCE, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK

Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 10

Approved as to form:

By: for
Veronica Nebb, City Attorney

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT

This Consultant and Professional Services Agreement (“Agreement”) is made at Vallejo, California, dated for reference this _____ day of August, 2025, by and between the City of Vallejo, a municipal corporation (“City”), and Capitol Advocacy Partners (“Consultant”), who mutually agree as follows:

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

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

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

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

Consultant 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

Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 10 nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, related to costs or benefits associated with California Public Employment Retirement System (CalPERS) membership where Consultant supplies a CalPERS member who CalPERS determines is subject to enrollment.

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

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

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

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

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

Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 10

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

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

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

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

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

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

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

Consultant and Professional Services Agreement (Revised 05-2025) Page 4 of 10

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

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

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

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

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

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

15. General Prohibition on Assignment of CalPERS Members and Annuitants.

Consultant shall not hire, employ, or use, as an employee, subcontractor or agent of Consultant (Assigned Individual) any California Public Employment Retirement System (CalPERS) member or annuitant in connection with the provision of services under this Agreement. Nor shall Consultant 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 Consultant’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

Consultant and Professional Services Agreement (Revised 05-2025) Page 5 of 10 employers combined, and satisfies all other CalPERS annuitant requirements. No Assigned Individual, regardless of CalPERS membership at the time the labor is provided, may exceed 1,000 hours in a fiscal year (July 1 to June 30).

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

17. Term. The term of this Agreement shall commence on July 1, 2025 and shall continue in full force and effect until June 30, 2028.

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

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

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

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

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 Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City.

Consultant and Professional Services Agreement (Revised 05-2025) Page 6 of 10 Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

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

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

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

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

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

22. 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.

23. Non-Discrimination/Fair Employment Practices.

(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal

Consultant and Professional Services Agreement (Revised 05-2025) Page 7 of 10 treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.

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

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

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

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

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:

Awab Manzoor
Acting Administrative Manager
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590

If to Consultant:

Dana DeBeaumont
Partner
Capitol Advocacy Partners
600 Pennsylvania Avenue SE #15408
Washington DC 20003

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.

Consultant and Professional Services Agreement (Revised 05-2025) Page 8 of 10

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

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

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

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

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

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

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

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

32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as “City Information”) which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it

Consultant and Professional Services Agreement (Revised 05-2025) Page 9 of 10 will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.

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

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

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

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

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

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

36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise. Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement.

The failure to send an original shall not affect the binding nature of this Agreement.

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

Consultant and Professional Services Agreement (Revised 05-2025) Page 10 of 10 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

Capitol Advocacy Partners,
a Washington, DC corporation

By: ____________________
Dana DeBeaumont
Partner

DATE: __________________

(City Seal)

CITY OF VALLEJO,
a California municipal corporation

By: ____________________
Andrew Murray
City Manager

DATE: __________________

ATTEST:

By: ____________________
Dawn G. Abrahamson
City Clerk

APPROVED AS TO FORM:

By: ____________________ for
Veronica A. F. Nebb
City Attorney

APPROVED AS TO INSURANCE:

By: ____________________
Armond Sarkis
Risk Manager

Consultant and Professional Services Agreement (5-2025) Page 1 of 11 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Awab Manzoor
Acting Administrative Manager
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590
[email protected]

The Consultant’s Representative for this Agreement is:

Dana DeBeaumont
Partner
Capitol Advocacy Partners
600 Pennsylvania Avenue SE #15408
Washington DC 20003
(202) 546-0561
[email protected]

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

2. Services to be Provided. The services provided shall be as set forth in Attachment 1 of Exhibit A, below, which is incorporated herein by this reference.

3. Time for Performance. Consultant will perform the services according to the schedule below. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Consultant will complete all services by June 30, 2028.

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

Consultant and Professional Services Agreement (5-2025) Page 2 of 11 Exhibit A – Scope of Work
ATTACHMENT 1 to EXHIBIT A:

WORK, SERVICES, AND PRICING

The Consultant will provide Work and Services on behalf of the Client during the term of this Agreement as described below:

SECTION 1: CLIENT ADVOCACY SERVICES.

The consultant will provide advocacy services on behalf of the client to include the following work:

A. Developing agendas on behalf of the client to support law enforcement funding priorities. Topic areas may include (but are not limited to) gun violence, trauma- informed response, behavior health, diversion services, homelessness, social services, and other public safety components.

B. Developing a Community Project on behalf of the client annually (when solicited by Congress) involving appropriations legislation for member/senator (elected official) submission. Community Project development work will include researching and writing an initial community project application, with submission to elected officials and supporting ongoing advocacy efforts of the official and Appropriations Committee review and process.

C. Providing legislative bill tracking and advocacy work on behalf of the client to support municipal and/or organizational funding priorities. Advocacy work on behalf of the client will include planning, scheduling, and completing trips to meet and speak with federal elected officials, agency officials, staff, and other parties, including in-person meetings in Washington, D.C. and/or virtual meetings. Advocacy work on behalf of the client may include outreach to state, regional, and/or local officials/staff.

D. Providing appropriate materials for public dissemination on behalf of the client to support advocacy work, including materials for meetings, elected officials, agency officials, and other parties, writing testimony for use by the client, and maintaining records of meetings and distributed materials for client reference.

E. Providing weekly briefings and updates (by e-mail and/or virtual meetings) to client leadership concerning federal activities such as executive and legislative actions, progression of legislation, agency actions, and identified government funding opportunities, with certain state, local and/or foundation engagement as discovered by the consultant.

Consultant and Professional Services Agreement (5-2025) Page 3 of 11 Exhibit A – Scope of Work
F. Quarterly on-site visits by consultant officials to client business offices or other requested locations to meet with client leadership, support client advocacy work, or support other client activity.

G. Consultant pricing of Client Advocacy Services shall follow the pricing schedule described herein.

SECTION 2: GRANT WRITING SERVICES.

The consultant will provide grant writing services on behalf of the client to include the following work:

A. Conducting grant program and/or funding project opportunity research on behalf of the client to support client funding priorities. Consultant research will include review of federal, with certain state, not-for-profit, and private foundation grant and/or project opportunities, as provided by Client.

B. Providing grant program and/or funding project participation recommendations (by e- mail and/or virtual meetings) to client leadership and officials. Consultant recommendations will include a brief written summary of each program and/or project containing client participation requirements, award and/or funding assessment, and other details specific to the program and/or project.

C. Conducting preliminary analysis of selected grant programs and/or funding projects for client leadership review. Consultant analysis will include a written summary of the selected grant and/or project containing a scope-of-work assessment, a list of client participation requirements, identified deadlines and submission dates, estimated consultant pricing, and other details specific to the program and/or project.

D. Writing and submitting selected grant program and/or funding project applications on behalf of the client. Consultant work and services will include each of the following:

1. Completing a finalized and detailed application written scope-of-work describing required information and data (including client produced materials), timeline for writing and submission (including essential completion dates), and other items specific to a grant program and/or project application. The finalized scope-of-work will include a consultant pricing schedule for approval by client leadership. The additional Consultant fees are based on narrative length and scope. The base fee includes the preparation of up to 20 pages of required or recommended attachments that involve narrative content, research, or new scope development.

Applications with more than 20 pages of labor intensive attachments will be billed as if additional narrative pages were included. Expert technical documents such

Consultant and Professional Services Agreement (5-2025) Page 4 of 11 Exhibit A – Scope of Work
as environmental impact statements, strategic plans, or financial audits are excluded from standard scope and must be provided by the client.

2. Creating a grant application workbook for client use detailing required client produced information and data, essential completion dates for application review and submission, and other items specific to a grant program and/or project application. The grant application workbook will serve as the primary reference document for application completion and submission.

3. Identifying a consultant team leader with responsibility for writing, editing, and completing the application. The consultant team leader will be the primary point of contact between client officials and the consultant for purposes of application completion and submission.

4. Participation by a consultant project team in writing, editing, and completing the application with knowledge, skills, and abilities specific to the type of application.

The consultant project team will be responsible for researching and identifying information and data to answer application questions, formulating answers using information and data, and generally supporting the consultant team leader in completing the application.

5. Reviewing and final editing of the application by consultant executive leadership with expert level knowledge of grant and funding project application submission.

Consultant executive leadership will be responsible for finalizing the draft application for submission to client leadership and/or officials.

6. Submitting the draft application to client officials for review, editing, and approval.

Consultant executive leadership will review the draft application with client leadership and/or officials. Client leadership and/or officials will be responsible for approving the application to be submitted by the consultant. At the start of each application process, the consultant and the client will identify at least one milestone deadline by which key information and materials must be provided. If the required materials are not provided by the agreed milestone, the consultant may recommend forgoing application submission.

7. Submitting the application (with required supporting documents) by the consultant according to grant program and/or funding project application submission requirements and by submission deadlines. The consultant team leader will be responsible for notifying client officials by e-mail confirming application submission.

8. Tracking and follow-up of the application by the consultant and communication with grant program and/or funding project officials concerning application status.

Consultant and Professional Services Agreement (5-2025) Page 5 of 11 Exhibit A – Scope of Work
The consultant team leader, in consultation with executive leadership, will be responsible for answering application questions (if asked). The consultant team leader will be responsible for notifying client officials by phone and e-mail concerning application status.

E. Upon award, Consultant will conduct a comprehensive grant briefing to key client staff that outlines the grant focus and deliverables, with detailed information of grant timeline and requirements for the grant’s first year. Additional grant management services are available as outlined in Section 3.

F. Consultant pricing of Grant Writing Services shall follow the pricing schedule described herein.

SECTION 3: GRANT MANAGEMENT SERVICES.

The consultant will provide grant management services on behalf of the client (for grant program and/or funding project applications submitted by the consultant) for to include the following work:

A. Conducting preliminary analysis of the grant program and/or funding project to be managed for client leadership review. Consultant analysis will include a written summary of the grant and/or project to be managed including a scope-of-work assessment, a list of client responsibilities and requirements, identified deadlines and submission dates, estimated consultant pricing, and other details specific to the program and/or project to be managed.

1. Preliminary analysis of the program and/or project to be managed may be completed by the consultant as part of an application process or completed post- award depending on program and/or project requirements and/or client leadership preference.

2. Under mutual agreement by the consultant and the client, project-specific grant management services may be retained for individual grants as needed, depending on the nature of the grant-funded project.

B. Developing a grant program and/or funding project management plan on behalf of the client. Consultant work and services will include each of the following:

1. Completing a finalized and detailed project management scope-of-work describing client responsibilities, client produced project information and data, project budget, essential completion dates, consultant produced materials, and other items specific to program and/or project management. The finalized scope-of-work will include a consultant pricing schedule for approval by client leadership.

Consultant and Professional Services Agreement (5-2025) Page 6 of 11 Exhibit A – Scope of Work

2. Identifying client officials with project management responsibilities. Client officials will be responsible for day-to-day operating activities, reporting activities, processing expenditures, securing agreements with sub-contractors and/or other parties, and working closely with the consultant team leader to assure timely completion of objectives.

3. Identifying a consultant team leader with primary responsibility for client communications. The consultant team leader will be responsible for coordinating activities, reviewing client documents, monitoring timely completion of objectives, and/or other work supporting project management activities.

4. Determining and listing client produced documents including (but not limited to):
personnel and expense schedules; purchasing and disbursement schedules; client attestation and/or certification documents; invoices and receipts, and/or other documents specific to program and/or project management requirements for creating an auditable record of client activity.

5. Determining and listing other client services including (but not limited to): client access to program and/or project management portals; budget modifications; protocols for purchasing, accounting of expenditures, and reporting; identifying evaluators; creating memorandums of understanding (MOUs) to support operating activities; training of client officials, and/or other services supporting project management activities.

6. Presenting a work plan to client leadership for review and approval. The project management work plan will serve as the primary reference document for completing program and/or funding project management activities.

C. Completing grant program and/or funding project management on behalf of the client.

Consultant work and services will include each of the following:

1. Conducting initial project management overview meeting with client officials for identifying award conditions and/or requirements, acceptance of award, expected client work, roles and responsibilities, work completion timelines, project management deadlines (dates), other services provided by the consultant to support project management, and/or other work to be completed by the client and consultant for supporting project management (following the work plan). This may include assisting with the resolution of award conditions, revisions to budget documents or timelines, partner letters, or other adjustments related to the transition from award to implementation.

Consultant and Professional Services Agreement (5-2025) Page 7 of 11 Exhibit A – Scope of Work

2. Reviewing documents produced by client officials detailing operating activities.

Client officials will be responsible for producing documents in a timely fashion as described by the work plan. The consultant team leader will review documents for suitability and compliance. Documents lacking suitability or compliance for creating an auditable record of operating activity will be identified by the consultant team leader with notification to client officials. The consultant team leader will assist client officials in understanding and improving document suitability and compliance prior to submission.

3. Assisting client officials in submitting approved documents detailing operating activities. The consultant team leader will assist client officials in submitting documents required by the grant program and/or funding project. The consultant team leader will meet with client officials weekly to track and report progress, identify deficiencies, correct deficiencies, and complete other work described by the work plan.

4. Assisting client officials in producing and submitting financial, effort, and performance reports. The consultant team leader will assist client officials in creating reports required by the grant program and/or funding project. The consultant team leader will review client documents, create draft reports, and communicate draft reports to client officials for approval. The consultant team leader will assist client officials in submitting reports as described by the work plan.

The Consultant may also advise on and review formal communications with the granting agency, such as progress reports, budget adjustments, or compliance responses.

5. Modifying the scope of work and work plan. The consultant team leader will assist client officials in modifying the scope of work and work plan for changes in client personnel, key personnel salary allocations over allowable thresholds, changes in locations, changes in sub-contractors, and revisions of the budget over allowable threshold. Proposed modifications to the scope of work and work plan will be reviewed by consultant executive leadership and communicated to client leadership for approval. Approved modifications will be incorporated into a revised work plan.

6. Communicating with client leadership and client officials. Consultant executive leadership and the consultant team leader will regularly communicate with the client concerning grant program and/or funding project management. Consultant executive leadership will assist the client with facilitating relationships between the client, partners, and stakeholders, followed by handing off day-to-day communications to client officials. The consultant team leader will maintain continuous communications with client officials for completing the work plan.

Consultant and Professional Services Agreement (5-2025) Page 8 of 11 Exhibit A – Scope of Work

7. Monitoring grant program and/or funding project requirements and progress of the work plan. Consultant executive leadership and the consultant team leader will monitor project requirements and work plan progress, including finances, effort, and performance. Consultant executive leadership will inform client leadership if threats to progress are identified. Consultant executive leadership will facilitate and address programmatic and/or financial issues that may arise during the program and/or project. The Consultant team leader will regularly update client officials concerning work plan progress. Consultant support may include helping resolve problems with disbursement delays or agency monitoring findings.

8. Assisting client officials in producing and submitting close-out reports, reconciliations, and/or other materials required by the grant program and/or funding project. The consultant team leader will review client documents, create draft reports, and communicate draft reports to client officials for approval. The consultant team leader will assist client officials in submitting reports and/or other materials as described by the work plan.

D. Consultant pricing of Grant Management Services shall follow the pricing schedule described herein.

SECTION 4: OTHER WORK AND SERVICES.

The consultant may provide other work on behalf of the client (if requested) as follows:

A. Other work provided by the consultant on behalf of the client may be completed according to terms and conditions not implied or suggested by this contract.

B. Other work provided by the consultant on behalf of the client shall be described by a mutually agreed scope-of-work detailing activity and deliverables. The finalized scope- of-work will include a consultant pricing schedule for approval by client leadership.

C. Other work provided by the consultant on behalf of the client shall be finalized by a separate written addendum to this contract, according to mutually agreed terms and conditions (if considered and approved by both parties).

Consultant and Professional Services Agreement (5-2025) Page 9 of 11 Exhibit A – Scope of Work

PRICING SCHEDULES

Work and Services offered to the Client by the Consultant during the base year(s) of this Agreement shall be priced using the following schedules. Work and Services provided to the Client by the Consultant during the term, and subsequent option year(s) of this Agreement, shall be subject to a 3.5% per annum pricing increase.

SCHEDULE 1A: BASE CLIENT ADVOCACY SERVICES
Item Item Description Price
1A.1 Written agendas supporting client funding priorities (as requested and/or needed).

Included
1A.2 Development of Community Projects to support client funding in annual appropriations legislation (one (1) per year of contractual term).

Included
1A.3 Legislative bill tracking and advocacy work to support client funding priorities (as requested and/or needed).

Included
1A.4 Materials for public dissemination to support client advocacy work and written testimony for public meetings (as requested and/or needed).

Included
1A.5 Weekly briefings and updates concerning federal activities and opportunities to support client funding priorities (as discovered by the consultant).

Included
1A.6 On-site visit to client business offices or other requested locations (one (1) full day visit)
Included
BASE PRICING:
(billed monthly)
$5,445.33
(per month)

SCHEDULE 1B: OPTIONAL CLIENT ADVOCACY SERVICES
Item Item Description Price
1B.1 Development of non-competitive application to the designated agency, should a Community Project be included in enacted legislation. $5,000 each
(flat fee)

SCHEDULE 2A: ADDITIONAL GRANT WRITING SERVICES
Item Item Description (Preliminary Application Work) Price 2A.1 Grant program and/or funding project opportunity research. Included 2A.2 Grant program and/or funding project recommendations. Included 2A.3 Preliminary analysis of selected grant programs and/or funding projects for client leadership review.

Included
Item Item Description (Application Work) Price
2A.4 Finalized and detailed grant program and/or funding project written scope-of-work for client leadership approval.

Included
2A.5 Application workbook detailing client produced information and data, essential completion dates for review and submission, and other items Included

Consultant and Professional Services Agreement (5-2025) Page 10 of 11 Exhibit A – Scope of Work
specific to an application.
2A.6 Writing, editing, and completion of an application by a consultant team leader and project team.

Included
2A.7 Review and final editing of an application by consultant executive leadership.

Included
2A.8 Submission of a draft application to client officials for review, editing, and approval.

Included
2A.9 Submission of a final application (with required supporting documents) by the consultant according to application requirements and deadlines.

Included
2A.10 Tracking and follow-up of an application by the consultant. Included 2A.11 Upon award, conduct a comprehensive grant briefing to key client staff that outlines the grant focus and deliverables, with detailed information of grant timeline and requirements for the grant’s first year.

Included
BASE PRICING:
(flat fee, based on application narrative length,
billed upon final application submission)
1 to 9 pages double-spaced:
10 to 19 pages double-spaced:
20 to 26 pages double-spaced:
27 to 36 pages double-spaced:
37 to 50 pages double-spaced:
51 or more pages double-spaced:

$7,500
$12,500
$19,500
$25,000
$29,500
Negotiable

SCHEDULE 2B: OPTIONAL GRANT WRITING SERVICES
Item Item Description Price
2B.1 Hourly Grant Writing Fee: Including but not limited to; proof reading and editing of client written applications by a consultant project team and consultant executive leadership, with final draft applications returned to client officials for submission by the client.
$195
(per hour)

2B.2 “Plus-Up” services (with identified character limits) for client written applications (if requested).
$1,500
(flat fee)

SCHEDULE 3A: BASE GRANT MANAGEMENT SERVICES
Item Item Description (Preliminary Project Work) Price
3A.1 Preliminary analysis of a grant program and/or funding project to be managed by the consultant for client leadership review.

Included
Item Item Description (Project Planning Work) Price
3A.2 Finalized and detailed grant program and/or funding project management plan written scope-of-work for client leadership approval.

Included
3A.3 Determination of client officials with project management responsibilities.

Included
3A.4 Determination and listing of client produced documents and services for Included

Consultant and Professional Services Agreement (5-2025) Page 11 of 11 Exhibit A – Scope of Work
creating an auditable record of client activity and project management activities.
3A.5 Presentation of a project management work plan to client leadership for review and approval.

Included
Item Item Description (Project Management Work) Price
3A.6 Completion of a project management overview meeting with client officials to review the work plan.

Included
3A.7 Assisting client officials in reviewing and submitting documents detailing operating activities in work plan.

Included
3A.8 Assisting client officials in producing and submitting financial, effort, and performance reports in work plan.

Included
3A.9 Modification of the project management scope of work and work plan (if requested or required).

Included
3A.10 Communicating with client leadership and client officials and assisting the client with facilitating relationships between project partners and stakeholders as described by work plan.

Included
3A.11 Monitoring project requirements and progress of work plan. Included 3A.12 Assisting client officials in producing and submitting close-out reports, reconciliations, and/or other materials in work plan.

Included
3A.13 Consultant shall provide up to three (3) additional on-site visits per year, one per quarter, excluding the initial included annual advocacy visit, to the client’s business offices or other mutually agreed-upon locations.

Included
BASE PRICING: IN PROGRESS GRANT INCLUSIVE:

Basic Grant Management services for the following projects ONLY: BCJI; JAG funds; COPS CIT; Connect and Protect; FY22, 23, 26 Community Projects. $3,000
(per month)
GRANT FUNDED BASE PRICING:
(per project managed, billed monthly)
Grant Management services for the following projects: CAL VIP 2022 Award, Prop 47 2022 Award

Additional grants may be added at $3,500 each at mutual agreement by parties. $3,000
(per month)

Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 3 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

A. Services: City agrees to pay Consultant, at the rate(s) specified in Attachment 1 of Exhibit A, which is incorporated herein by this reference, for the services identified therein and for all authorized reimbursable expenses, for a total not to exceed Eight Hundred Thousand Dollars ($800,000).

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

B. Additional Services:

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

2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees’ appropriate billable hourly rate as established in Attachment 1 of Exhibit A and incorporated herein. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.

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

Consultant’s billable hourly rates are set forth in Attachment 1 of Exhibit A and incorporated herein by this reference.

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

Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 3 Exhibit B - Compensation

4. Payments to Consultant.

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

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

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

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

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

5. Social Security Number or Taxpayer Identification Number

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

7. Total Billed to Date

C. Items shall be separated into Services and Reimbursable Expenses. Billings that do not conform to the format outlined above shall be returned to Consultant for correction.

City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.

D. Request for payment shall be sent to:

Claudia Williams
Administrative Analyst II
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590

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

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

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

Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 3 Exhibit B - Compensation

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

Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 3 Exhibit C – Insurance Requirements

EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.

Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 3 Exhibit C – Insurance Requirements

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

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

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

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

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

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

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

F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.

Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 3 Exhibit C – Insurance Requirements

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

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

7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein.

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

CONSENT CALENDAR 7.C.

DATE: August 5, 2025
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Interim Public Works Director
SUBJECT: ADOPT A RESOLUTION FINDING THE DOCK "A" REMOVAL PROJECT (PWM07)

CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(d), APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR

THE PROJECT, AWARDING A CONTRACT TO POWER ENGINEERING

CONSTRUCTION COMPANY, OF ALAMEDA, CALIFORNIA IN THE AMOUNT OF $646,100 AND REJECTING ALL OTHER BIDS, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT

RECOMMENDATION
Adopt a Resolution finding the Dock "A" Removal Project (PWM07) categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(d), approving the project plans and specifications for the project, awarding a contract to Power Engineering Construction Company of Alameda, California in the amount of $646,100 and rejecting all other bids, and authorizing the City Manager to execute the contract.

REASONS FOR RECOMMENDATION
Due to accumulated sediments in the Marina over time, Dock A is structurally deficient and a hazard to navigation. On July 18, 2023, the San Francisco Bay Conservation and Development Commission (BCDC) issued the City a Notice of Violation regarding the condition of Dock "A" and thereafter amended the City's Permit to require its removal. Removal of Dock "A" will satisfy the BCDC permit requirement and remedy the violation.

BACKGROUND AND DISCUSSION
Due to significant silt accumulation, Dock A at the Vallejo Municipal Marina (Marina) has deteriorated beyond use and has remained out of service for many years. The City is proceeding with removing the structure. Dock A consists of approximately 13,110 square feet of aging creosote-coated timber floating docks, supported by 103 timber piles, each 14 inches in diameter.

The primary objective of this project is to address the structural degradation and public safety risks associated with the deteriorated dock infrastructure. In addition to mitigating these hazards, the project will enhance the overall appearance of the Marina, eliminate health and safety concerns for users, restore aquatic habitat by removing decaying timber materials, and improve visual access to the waterfront. These efforts will benefit the local community, marina users, and visitors, while aligning with the City’s long-term goals for waterfront revitalization.

Plans, specifications, and estimates (PS&E) were prepared and completed by Foth & Van Dyke and Associates under the direction of the Interim Public Works Director. The project was advertised for bid beginning July 8, 2025, on Planet Bids and in the Vallejo Times Herald, in accordance with Public Contract Code Section 20164. A three- week advertising period was completed. The Plans and Specifications are set forth in Exhibits C and D of the Contract.

Date: August 5, 2025
Subject: ADOPT A RESOLUTION FINDING THE DOCK "A" REMOVAL PROJECT (PWM07)

CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(d), APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR

THE PROJECT, AWARDING A CONTRACT TO POWER ENGINEERING

CONSTRUCTION COMPANY, OF ALAMEDA, CALIFORNIA IN THE AMOUNT OF $646,100 AND REJECTING ALL OTHER BIDS, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT

On July 30, 2025, sealed bids were opened and publicly read by the Deputy City Clerk. The City received three (3) bids and the results of the bids for the subject project, in order from lowest to highest, are as follows:

Bid
Order
Contractor Total Base
Bid Amount

1. Power Engineering Construction Company $646,100

2. Lind Marine $745,000

3. Silverado Contractors, Inc. $817,480

Staff determined that Power Engineering Construction Company of Alameda, California, is the lowest responsive and responsible bidder and recommends awarding a construction contract in the amount of $646,100. All submitted bid requirements appear to be complete and in order, meeting all bid requirements.

FISCAL IMPACT
There is no fiscal impact on the General Fund associated with this item as it is being funded through the Capital Improvement Program funds previously appropriated.

SOURCES BUDGET EXPENDITURES

Fund 201: Capital Outlay
(PWM07: Emergency Dock
Repairs/Removal)
$715,835

Construction ($646,100)
Contingency (10%) ($64,610)

TOTAL $715,835 ($710,710)

ENVIRONMENTAL REVIEW

Date: August 5, 2025
Subject: ADOPT A RESOLUTION FINDING THE DOCK "A" REMOVAL PROJECT (PWM07)

CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(d), APPROVING THE PROJECT PLANS AND SPECIFICATIONS FOR

THE PROJECT, AWARDING A CONTRACT TO POWER ENGINEERING

CONSTRUCTION COMPANY, OF ALAMEDA, CALIFORNIA IN THE AMOUNT OF $646,100 AND REJECTING ALL OTHER BIDS, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT

This project qualifies for a Categorical Exemption under CEQA Guidelines Section 15301(d) “Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety...”. The removal of the deteriorated dock infrastructure involves no expansion of use, is limited to existing facilities in poor condition, supports public health and safety, and does not result in adverse environmental impacts (subject to regulatory compliance).

ATTACHMENTS

1. Reso - Award Power Eng Const Co - Dock A Removal Project (PWM07) 8.5.25_CAO Stamp

2. Power Engineering Construction Company - Dock A Removal Contract_CAO Stamp

3. 1986.001.13_BCDCOriginal_2021.01.29_Signed

4. 2023.07.18_35 BCDC Notice of Violations

CONTACT
Oscar Alcantar, Interim Public Works Director, (707) 648-4433 [email protected]

RESOLUTION NO. 25-_____ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO FINDING THE DOCK “A” REMOVAL PROJECT (PWM07) CATEGORICALLY EXEMPT FROM THE PROVISIONS

OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(d), APPROVING THE PROJECT PLANS AND

SPECIFICATIONS FOR THE PROJECT, AWARDING A CONTRACT TO POWER

ENGINEERING CONSTRUCTION COMPANY, OF ALAMEDA, CALIFORNIA IN THE AMOUNT OF $646,100 AND REJECTING ALL OTHER BIDS, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT

WHEREAS, due to significant silt accumulation, Dock “A” at the Vallejo Municipal Marina ("Marina") has deteriorated beyond use and has remained out of service for many years; and

WHEREAS, due to accumulated sediments in the Marina over time, Dock A is structurally deficient and a hazard to navigation. On July 18, 2023, the San Francisco Bay Conservation and Development Commission (BCDC) issued the City a Notice of Violation regarding the condition of Dock "A" and thereafter amended the City's Permit to require the dock’s removal.

Removal of Dock "A" will satisfy the BCDC permit requirement and remedy the outstanding violation; and

WHEREAS, Dock A consists of approximately 13,110 square feet of aging creosote-coated timber floating docks, supported by 103 timber piles, each measuring 14 inches in diameter; and

WHEREAS, removal of the dock will eliminate the public safety risks associated with the deteriorated dock infrastructure; and

WHEREAS, the project will also enhance the appearance of the Marina, eliminate health and safety concerns for users, and improve visual access to the waterfront, thereby benefiting the local community, marina users, and visitors, while aligning with the City’s long-term waterfront revitalization goals; and

WHEREAS, those certain plans and specifications for the Dock “A” Removal Project (PWM07), prepared by Foth & Van Dyke and Associates, under the direction of the Interim Public Works Director, Vallejo, California (“Plans and Specifications”), located in the City of Vallejo, County of Solano, California, have been presented to the City Council; and

WHEREAS, the Plans and Specifications for the project are set forth in Exhibits C and D of the Contract. Said Contract is attached hereto as Attachment No. 1; and

WHEREAS, Section 15301(d) of the California Environmental Quality Act (CEQA) provides a categorical exemption for projects that restore or rehabilitate deteriorated or damaged

structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood; and

WHEREAS, the Dock A Removal Project was advertised for bid beginning July 8, 2025, on PlanetBids and in the Vallejo Times Herald in accordance with California Public Contract Code Section 20164 and Vallejo Municipal Code Section 3.20.130, and a three-week advertising period was completed; and

WHEREAS, on July 30, 2025, sealed bids were opened and publicly read by the Deputy City Clerk, and three (3) bids were received for the project, summarized as follows:

Bid Order Contractor Total Base Bid Amount
1 Power Engineering
Construction Company
$646,100.00
2 LindMarine $745,000.00
3 Silverado Contractors $817,480

WHEREAS, City staff has reviewed the bids and determined that Power Engineering Construction Company of Alameda, California, is the lowest responsive and responsible bidder, and recommends awarding the construction contract in the amount of $646,100.00; and

WHEREAS, all required bid documentation appears to be complete and in compliance with the bid requirements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo as follows:

1. The Dock “A” Removal Project (PWM07) is hereby determined to be categorically exempt from environmental review under CEQA pursuant to CEQA Guidelines Section 15301(d).

2. The invitation for bids was duly advertised in accordance with California Public Contract Code Section 20164 and Section 3.20.130 of the Vallejo Municipal Code.

3. The bid submitted by Power Engineering Construction Company of Alameda, California, in the amount of $646,100 is hereby accepted as the lowest responsive and responsible bid, and a contract is awarded to said firm at the prices bid.

4. The City Manager is hereby authorized to execute the contract between the City of Vallejo and Power Engineering Construction Company in the amount of $646,100, with any modifications as recommended by the City Attorney, and that the City Clerk shall attest to the execution of said agreement.

5. The City Manager, or his designee is hereby authorized to execute future Contract Change Orders not to exceed the appropriated project budget.

6. All other bids, to-wit:

A. Lind Marine $ 745,000
B. Silverado Contractors $ 817,480

are hereby deemed rejected upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.

Adopted by the City Council of the City of Vallejo at a meeting held on August 5, 2025, with the following vote:

AYES:

NOES:

ABSENT:

ANDREA SORCE, MAYOR

ATTEST

DAWN G. ABRAHAMSON, CITY CLERK

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CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

CONTRACT
for
VALLEJO MARINA “A” DOCK REMOVAL PROJECT
CITY PROJECT NO. PWM07

THIS CONTRACT (“Contract”) is made and concluded in duplicate this 6th day of August, 2025, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, acting by and through its City Council, hereinafter called City, and Power Engineering Construction Company, a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of said City heretofore caused plans and specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said plans and specifications (Plans and Specifications); and,

WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and,

WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said Plans and Specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and,

WHEREAS, Contractor was the lowest responsive and responsible Bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible Bidder for the work and award to it a contract therefore.

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

1. SCOPE OF WORK
The work to be done, in general terms, consists of:

Furnishing all labor, materials, equipment, incidentals, and services for the construction and completion of the CITY OF VALLEJO MARINA A DOCK REMOVAL PROJECT. The work

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includes but is not limited to:

• Removal of approximately 13,110 SF of deteriorated timber floating docks. • Removal of approximately one hundred and three (103) 14” diameter timber piles.

The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown on the drawings and specified herein and as provided for and set forth in the Contract Documents which hereby referred to by such reference, incorporated herein, and made a part of this Contract.

The following documents shall constitute the Contract Documents:

(a) This Contract;
(b) Addendum Nos. 1 and 2;
(c) Exhibit A- Contractor’s Price Sheet;
(d) Exhibit B – Approved Change Order(s), if applicable; (e) Exhibit C - Contract Plans;
(f) Exhibit D – Special Provisions, General Provisions, Wage and Equipment Rates, and Technical Specifications;
(g) Exhibit E – Floating and Marine Activities provision; (h) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2022 edition, Sections 10 through 95, all as modified herein;
(i) City of Vallejo Standard Specifications and Standard Plans for Public Improvements, December 2011 edition;
(j) Vallejo Flood & Wastewater District Engineering Design Standards dated July 2020 and Engineering Standard Details, Dated July 2020; (k) Environmental Permits – BCDC Permit, California Department of Fish and Wildlife Streambed Alteration Agreement dated June 30, 2025, as of its Effective Date, U.S. Army Corps of Engineers Letter of Permission dated May 28, 2025, and San Francisco Bay Regional Water Quality Control Board Notice of Applicability dated April 18, 2025;
(l) Faithful Performance and Payment (Labor and Material Bonds); and (m) Any other documents identified as such in the Contract Documents.

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

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Contractor agrees to receive and accept the prices set forth in Exhibit A in an amount not to exceed Six Hundred Forty-Six Thousand One Hundred Dollars and Zero Cents ($646,100.00) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and requirements of the Engineer under them.

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

Pursuant to Section 1770, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the Office of the City Clerk, City of Vallejo, City Hall, 555 Santa Clara Street, Vallejo, California CA. Those copies shall be made available to any interested party upon request. The Contractor shall forfeit, as penalty to the City, One hundred Dollars ($100.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.

POWER ENGINEERING CONSTRUCTION

COMPANY,
a California corporation

CITY OF VALLEJO,
a municipal corporation

By: By:

David Mik
President
Andrew Murray
City Manager

Date:__________________

Date:________________________ Attest:

By:

Dawn G. Abrahamson
City Clerk
(City Seal)
Approved as to Content:

By:

Oscar Alcantar
Interim Public Works Director

Approved as to Form:

By:

Veronica A. F. Nebb
City Attorney

Approved as to Insurance:

By:

Armond Sarkis
Risk Manager

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Exhibit A
Contractor’s Pricing

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Exhibit B

CITY OF

VALLEJO DEPARTMENT

OF PUBLIC WORKS

ENGINEERING DIVISION

CONTRACT CHANGE ORDER NO.: ____________ DATE: ____

TO:

PROJECT: VALLEJO MARINA A DOCK REMOVAL PROJECT, City Project No. PWM07 FROM: CITY OF VALLEJO

This change order modifies and amends the provisions of that certain Contract dated__________________________ by and between the City and______ (“Contractor”).

REFERENCE: Contract drawings, Sheet No.
or other drawings attached

Contractor is hereby directed to make the following changes to the Work:

By signing this Change Order, Contractor understands and agrees that it is accepting the specified sums and adjustment of contract time of completion (if any) set forth herein as full, final and complete satisfaction of any and all claims by Contractor for all costs and expenses of Contractor and anyone for whom Contractor may be responsible for the work referred to herein, including but not limited to costs or expenses of the Contractor or any of its subcontractors, materials suppliers, vendors or anyone else for whom Contractor is responsible, for labor, materials, services or equipment, no matter how characterized, whether known or unknown to Contractor, including but not limited to, all field and home office overhead, delay costs/claims, acceleration costs/claims, unabsorbed or under- absorbed home office overhead, extended field costs, general conditions, claim preparation costs, inefficiencies, or the like, no matter how characterized. Contractor further understands and agrees by signing this Change Order that any attempt by Contractor to purportedly reserve rights to claim additional time or compensation for the work referred to herein, is void.

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ADJUSTMENT OF CONTRACT TIME OF
COMPLETION:

AGREED PRICE:

FORCE ACCOUNT:

BASE CONTRACT PRICE:

PREVIOUS CONTRACT CHANGE ORDER:

NEW ADJUSTED CONTRACT PRICE:

EXCEPT AS SET FORTH ABOVE, ALL TERMS AND PROVISIONS OF THE CONTRACT AND ALL PRIOR CHANGE ORDERS REMAIN IN FULL FORCE AND EFFECT.

RECOMMENDED:

NAME TITLE

Execution of this Change Order by both parties constitutes a binding agreement. This document constitutes the entire agreement between the parties. The person signing this Change Order for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

ACCEPTED AND AGREED:

Contractor: _______________________________ Date: _________________ (Name and Title)

City: _______________________________ Date: _________________ (City Engineer)

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Exhibit C
Contract Plans

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Exhibit D

SECTION A - SPECIAL PROVISIONS

1. Location of Work – Vallejo Marina A Dock Removal Project, 42 Harbor Way, City of Vallejo, County of Solano, State of California

2. Scope of Work - For all work on this project the Contractor shall furnish all labor, materials, tools, equipment, transportation, appliances, and services required to completely execute the work as set forth on the Contract Documents. The subdivision of these specifications into divisions is not intended to strictly set forth or limit the scope of any subcontractor and shall not relieve the Contractor of the responsibility for executing all work on the project as a whole.

3. Pre-Construction Conference - The Contractor, City Engineer and other interested parties shall meet at a pre-construction conference to be scheduled after execution of the construction Contract and prior to the start of construction. The purpose of this conference is to review job schedules, work and layout plan, traffic control, affirmative action, and to discuss various other aspects of the work and to clarify procedures.

The Contractor shall submit the following to the City Engineer by the date of the pre- construction conference:

A. Detailed CPM Construction Schedule for review.

B. Detailed Work and Layout Plan for review. Contractor shall address vessel movements for avoidance of other vessels and services in the waterway.

C. All other material or required submittals for review. All submittals shall be in writing.

D. "Notice" to adjacent property owners, tenants, and/or affected parties for review.

4. Underground Utilities - The Contractor shall locate all underground obstructions and utilities - gas, electric, water lines, etc. Repair of damage of any utility lines shall be made at the Contractor's expense. See applicable drawings, if any.

5. Materials and Tests -The Contractor shall furnish written laboratory reports from a reputable testing or inspection agency acceptable to City of Vallejo, or written certification from the manufacturer as to compliance with the Specifications as to the composition, durability and performance of all materials used in the project. Certain Specification sections may require special items or materials to be included in the submittal.

6. City Furnished Materials - The City will furnish to the Contractor free of charge for use under these Specifications the following materials: (NOT APPLICABLE)

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7. Water – The Contractor can purchase water for use on the project from the City of Vallejo at a cost of $2.15 per unit (100 cu. Ft.) or the most current rate of water used. Water is to be drawn from a Water Division designated fire hydrant after the Contractor has applied to the Water Division for a temporary water meter. A refundable $1,200.00 deposit is required for each temporary water meter at the time of application. There is a non- refundable service charge of $105.00 a month. The Water Division reserves the right to increase the deposit or service charge at any time without notice.

8 Sequence of Construction-The Contractor must submit a detailed schedule of operations to the Engineer for review and acceptance prior to starting work on the project.

9. Construction Upon Private Property - The Contractor shall note that the work may be required on or in the vicinity of private property. The Contractor shall, at all times, remove all litter, debris, and construction waste, minimize noise, dust, standing water, vibrations, hazardous conditions and provide safe access to these properties. The Contractor is prohibited from using any and all privately owned utilities. The Contractor's materials and equipment shall not be stored upon private property without written approval from the resident and/or owner.

Construction on private property during overtime, weekend, holiday, or any other irregular period shall be performed only when the Contractor has requested and received written approval from the adjacent residents and the City Engineer.

No separate payment shall be made for the above considerations. Full compensation for the above construction restrictions shall be considered as included in the price paid for the various items of work involved.

10. As-Built Drawings - The Contractor will keep up to date at all times, a complete and accurate set of record drawings, which shall be corrected regularly, showing every change from the Contract Documents, including all addenda, Change Orders, job decisions, etc. Upon completion of the work, a set of as-built drawings shall be made by the Contractor after consultation with the project Engineer and all changes noted. All changes shall be neatly and legibly drawn to scale on the set of prints using standard architectural or engineering drafting practices.

11. Hazardous Waste in Excavation – If the Contractor encounters material in excavation, which the contractor has reason to believe may be hazardous waste as defines by Section 25117 of the Health and Safety Code, the contractor shall immediately so notify the Engineer in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation by more than one (1) working day, the Contractor shall be granted an extension of time as provided in Section 8-1.07, “Liquidated Damages,” of the General Provisions. Upon authorization from the Engineer to proceed, the Contractor shall resume excavation operations per the requirements of the plans and specifications.

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If such suspension delays the current controlling operation by more than two (2) working days, the delay shall be considered a right of way delay and the Contractor shall be compensated for such delay as provided in Section 8-1.09, “Right of Way Delays,” of the General Provisions.

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

12. Coordination with United States Coast Guard Station Vallejo – The contractor shall coordinate with the United States Coast Guard (USCG) Station Vallejo prior to commencement of the work to ensure uninterrupted access to USCG floats throughout the duration of the work. The contractor shall ensure that USCG docks and floats are protected from damage throughout the duration of the work.

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SECTION B - GENERAL PROVISIONS

SECTION 1: DEFINITIONS AND TERMS

1-1.01 General

Unless the context otherwise requires, wherever in the Specifications and other Contract Documents the following abbreviations and terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as provided in this Section One. Working titles having a masculine gender, such as "workman" and "journeyman" and the pronoun "he,” are utilized in the Specifications for the sake of brevity and are intended to refer to persons of either gender.

1-1.02 ABBREVIATIONS

AAN American Association of Nurserymen
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
APHA American Public Health Association
API American Petroleum Institute
AREA American Railway Engineering Association
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gage
AWPA American Wood Preservers' Association
AWS American Welding Society
AWWA American Water Works Association
EIA Electronic Industries Association
IEEE Institute of Electrical and Electronics Engineers
NEMA National Electrical Manufacturers Association
UL Underwriters' Laboratories Inc.

1-1.02A UNITS OF MEASUREMENT

These General Provisions contain units in two systems of measurement: units shown in the International System of Units (SI or "metric") and units in the United States Standard Measures are shown in braces "{}". The Department does not warrant the accuracy of the units shown in United States Standard Measures, and any use of United States Standard Measures is at the sole risk of those agencies and others that specify United States Standard Measures units in their contracts. The measurements expressed in the two systems are not necessarily equal, and items constructed or fabricated in one system are not necessarily interchangeable with items constructed or fabricated in the other system. The project Special Provisions designate the system of units that will apply to contracts referencing these Standard Specifications.

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Some of the symbols for metric units of measurement used in the Specifications and in the Engineer's Estimate are defined as follows. The symbols for other units of measurement used in the Specifications are as defined in ASTM Designation: E-380, or in the various Specifications and test referenced in the Specifications.

Symbols as used in the
Specifications
Symbols as used in the
Engineer's Estimate
Definitions
A — amperes
— EA each
g G gram
kg KG kilogram
ha HA hectare (10 000 m2)
h H hour
J — joule
— LNKM lane kilometer
L L liter
— LS lump sum
m M meter
km KM kilometer
mm MM millimeter
μm — micrometer
nm — nanometer
m2 M2 square meter
m3 M3 cubic meter
N — newton
Nm — newton meter
Ω — ohm
Pa — pascal
kPa — kilopascal
MPa — megapascal
s — second
— STA station (100 m)
— TAB tablet
tonne TONN metric ton (1000 kg)
W — watt
V — volt

Some of the symbols for United States Standard Measures units of measurement used in the Specifications and in the Engineer's Estimate are defined as follows.

Symbol Used Definitions

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A amperes
EA each
LB pound
ACRE acre
h hour
LNMI lane mile
GAL gallon
LS lump sum
LF linear foot
MI mile
MSYD thousand station yard
SF square foot
CF cubic foot
SY square yard
CY cubic yard
Ω ohm
s second
STA 100 feet
TAB tablet
TON 2,000 pounds
W watt
V volt
MFBM thousand foot board measure

1-1.03 ACCEPTANCE

The formal written acceptance by the Vallejo City Council of an entire work of improvement that has been completed in all respects in accordance with the Contract Documents and any modifications thereto previously authorized in writing.

1-1.04 (INTENTIONALLY OMITTED)

1-1.05 (INTENTIONALLY OMITTED)

1-1.06 (INTENTIONALLY OMITTED)

1-1.07 BIDDER

Any individual, firm, partnership, limited liability company, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

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1-1.08 BRIDGE

Any structure, with a bridge number, which carries a utility facility, or railroad, highway, pedestrian or other traffic, over a water course or over or under or around any obstruction.

1-1.085 CONDUIT

A pipe or tube in which smaller pipes, tubes or electrical conductors are inserted or are to be inserted.

1-1.09 CONTRACT

The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the work. All documents comprising the Contract may also be referred to as the “Contract Documents.”

1-1.10 CONTRACTOR

The person or persons, firm, partnership, limited liability company, corporation, or combination thereof, private or municipal, who have entered into a Contract with the City of Vallejo, as party or parties of the second part or their legal representatives.

1-1.11 CULVERT

Any structure, other than a bridge, which provides an opening under a roadway for drainage or other purposes.

1-1.12 DAYS

Unless otherwise designated, days as used in the Specifications will be understood to mean calendar days.

1-1.13 DEPARTMENT

The City of Vallejo Department of Public Works.

1-1.14 DETOUR

A temporary route for traffic around a closed portion of a road.

1-1.15 DIRECTOR

The City of Vallejo Department of Public Works Director, or his/her authorized representative.

1-1.16 (INTENTIONALLY OMITTED)

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1-1.17 (INTENTIONALLY OMITTED)

1-1.18 ENGINEER

The City of Vallejo, Department of Public Works, Project Engineer, acting either directly or through properly authorized agents, the agents acting within the scope of the particular duties delegated to them.

1-1.19 ENGINEER'S ESTIMATE

The list of estimated quantities of work to be performed as contained in the "Proposal Form."

1-1.20 FEDERAL AGENCIES

Whenever, in the Specifications, reference is made to any Federal agency or officer, the reference shall be deemed made to any agency or officer succeeding in accordance with law to the powers, duties, jurisdiction and authority of the agency or officer mentioned.

1-1.21 FIXED COSTS

Any necessary labor, material and equipment costs directly expended on the item or items under consideration which remain constant regardless of the quantity of the work done.

1-1.22 FRONTAGE ROAD

A local street or road auxiliary to and located generally on the side of an arterial highway for service to abutting property and adjacent areas and for control of access.

1-1.23 (INTENTIONALLY OMITTED)

1-1.24 HIGHWAY

The whole right of way or area which is reserved for and secured for use in constructing the roadway and its appurtenances.

1-1.25 LABORATORY

Any testing laboratory identified as such by City of Vallejo.

1-1.255 LEGAL HOLIDAYS

Those days designated as City observed holidays specifically:

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a) New Year's Day, b) Martin Luther King, Jr. Day, c) President’s Day, d) Memorial Day, e) Independence Day, f) Labor Day, g) Juneteenth, h) Indigenous Peoples Day, i) Veterans' Day, j) Thanksgiving Day, k) Day after Thanksgiving, l) Christmas Day,

1-1.26 LIQUIDATED DAMAGES

The amount prescribed in the Contract Documents, to be paid to the City of Vallejo or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the work beyond the time allowed in the Contract Documents.

1-1.265 (INTENTIONALLY OMITTED)

1-1.27 (INTENTIONALLY OMITTED)

1-1.275 (INTENTIONALLY OMITTED)

1-1.28 (INTENTIONALLY OMITTED)

1-1.29 DRAWINGS

The official project drawings and Standard Plans, profiles, typical cross sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of the work to be performed.

1-1.30 PROCESSING

Any operation or operations of whatever nature and extent required to produce a specified material.

1-1.31 PROPOSAL

The offer of the Bidder for the work when made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.

1-1.32 PROPOSAL FORM

The approved form upon which the City of Vallejo requires formal bids be prepared and submitted for the work.

1-1.33 PROPOSAL GUARANTY

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The cash, cashier's check, certified check or Bidder's bond accompanying the proposal submitted by the Bidder, as a guaranty that the Bidder will enter into a contract with the City of Vallejo for the performance of the work if the Contract is awarded to the Bidder.

1-1.34 (INTENTIONALLY OMITTED)

1-1.35 ROADWAY

That portion of the highway included between the outside lines of sidewalks, or curbs, slopes, ditches, channels, waterways, and including all the appertaining structures, and other features necessary to proper drainage and protection.

1-1.36 SHOULDERS

The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

1-1.37 SPECIAL PROVISIONS

The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Specifications.

1-1.38 SPECIFICATIONS

The directions, provisions and requirements contained in the General Provisions, Wage and Equipment Rate and Technical Specifications section as supplemented by the Standard Specifications, City of Vallejo Standard Specifications and Standard Drawings. Whenever the term "these Specifications" or "these Standard Specifications" is used in this Contract, it means the provisions set forth in this Contract. “Specifications” or “Standard Specifications” also means the State of California, Department of Transportation, Standard Specifications, 2010 edition, Sections 10 through 95 only.

1-1.39 STATE

The State of California.

1-1.40 (INTENTIONALLY OMITTED)

1-1.41 (INTENTIONALLY OMITTED)

1-1.42 (INTENTIONALLY OMITTED)

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1-1.43 SUBSTRUCTURE

All that part of the bridge below the bridge seats, tops of piers, haunches of rigid frames, or below the spring lines of arches. Backwalls and parapets of abutments and wingwalls of bridges shall be considered as parts of the substructure.

1-1.44 SUPERSTRUCTURE

All that part of the bridge except the bridge substructure.

1-1.45 (INTENTIONALLY OMITTED)

1-1.46 (INTENTIONALLY OMITTED)

1-1.47 TRAVELED WAY

That portion of the roadway for the movement of vehicles, exclusive of shoulders.

1-1.48 WORK

All the work specified, indicated, shown, contemplated or inferable from the Contract Documents to construct the improvement, including all alterations, amendments or extensions thereto made by Contract change order.

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SECTION 2: PROPOSAL REQUIREMENTS AND CONDITIONS

2-1.01 CONTENTS OF PROPOSAL FORMS

Prospective bidders must use City of Vallejo proposal forms which will refer to the special provisions and project drawings for the work to be done and will include a schedule of items for which bid prices are asked, showing the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished.

2-1.02 APPROXIMATE ESTIMATE

The quantities given in the proposal form and Contract are approximate only, being given as a basis for the comparison of bids. The City of Vallejo does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work.

2-1.03 EXAMINATION OF DRAWINGS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK

All bidders shall carefully and completely examine the site of the work contemplated and the Contract Documents, and perform all tests and inspections necessary to inform Bidder of all conditions that may be encountered, the character, quality and scope of work to be performed, and the quantities of materials to be furnished. The submission of a Proposal Form shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished and as to the requirements of the Contract Documents.

Where the City of Vallejo has made investigations of site conditions, including subsurface conditions in areas where work is to be performed under the Contract, or in other areas, some of which may constitute possible local material sources, bidders and Contractor may, upon written request, inspect the records of the City of Vallejo as to those investigations subject to and upon the conditions hereinafter set forth. The investigations are made only for the purpose of study and design.

The records of investigations, project records, log of test borings, record of geotechnical data, investigation of subsurface conditions, “Materials Information,” cross-sections, contour maps, and any other investigations provided by City of Vallejo, are not a part of the Contract and are available solely for the convenience of the Bidder or Contractor. It is expressly understood and agreed that the City of Vallejo assumes no responsibility whatsoever in respect to the sufficiency or accuracy of the above described documents or of the interpretations set forth therein or made by the City of Vallejo in its use thereof and there is no warranty or guaranty, either express or implied, as to the completeness or accuracy of the documents, that the conditions indicated by the documents are representative of those existing in or throughout those areas, or any part thereof, or that unlooked-for developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered.

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The availability or use of information described in this section is not to be construed in any way as a waiver of the provisions of the first paragraph in this section and a Bidder or Contractor shall make their own investigation and examination to be satisfied as to conditions to be encountered in the performance of the work.

No information derived from the inspection of investigations or compilation thereof made by the City of Vallejo or from the Engineer, or their consultants, will in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract.

2-1.04 ADDENDUM

If discrepancies or apparent errors are found in the Contract Documents prior to the date of bid opening, bidders shall submit a written request for clarification to City Engineer, which response to said request will be given in the form of addenda to all bidders, if time permits.

The correction of any discrepancies in, or omissions from the drawings, Specifications, or other Contract Documents, or any interpretation thereof, during the bidding period will be made only by an addendum issued in writing by the City of Vallejo. A copy of each such addendum issued by the City of Vallejo will be electronically mailed, faxed or delivered to each person receiving a set of the Contract Documents, and shall be made a part of the Contract. Any other interpretation or explanation of such documents will not be considered binding.

2-1.05 PROPOSAL FORMS

The City of Vallejo will furnish to each Bidder a standard Proposal Form, which, when filled out and executed may be submitted as that Bidder's bid. Bids not presented on forms so furnished, and copies or facsimiles of the Bidder's completed and executed Proposal Forms submitted as a bid may be rejected.

2-1.054 (INTENTIONALLY OMITTED)

2-1.056 (INTENTIONALLY OMITTED)

2-1.06 (INTENTIONALLY OMITTED)

2-1.07 PROPOSAL GUARANTY

The proposal must be accompanied by cash, a Bidder's bond, certified check, or cashier's check in an amount not less than ten percent (10%) of the amount bid. The Bidder's bond must be signed in favor of the City of Vallejo, and the certified check or cashier's check must be made payable to the City of Vallejo.

2-1.08 WITHDRAWAL OF PROPOSALS

Any bid may be withdrawn at any time prior to the date and time fixed for the opening of bids only by written request for the withdrawal of the bid filed at the location at which the bid was

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received by the City of Vallejo. The request shall be executed by the Bidder or the Bidder's duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid. Whether or not bids are opened exactly at the time fixed for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed for the opening of bids.

2-1.09 PUBLIC OPENING OF PROPOSALS

Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present.

2-1.095 RELIEF OF BIDDERS

Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the Bidder claims a mistake was made in the bid presented, the Bidder shall give the City of Vallejo written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

2-1.10 DISQUALIFICATION OF BIDDERS

More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, limited liability company, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which that individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the Bidders any or all proposals may be rejected. Proposals in which the prices appear unbalanced may be rejected.

2-1.105 (INTENTIONALLY OMITTED)

2-1.108 (INTENTIONALLY OMITTED)

2-1.11 (INTENTIONALLY OMITTED)

2-1.12 (INTENTIONALLY OMITTED)

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SECTION 3: AWARD AND EXECUTION OF CONTRACT

3-1.01 AWARD OF CONTRACT

The right is reserved to reject any and all proposals.

The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within 60 days after the opening of the proposals. This period will be subject to extension for such further period as may be agreed upon in writing between the City of Vallejo and the Bidder concerned.

All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done.

The low bid will be determined by adding the sum of the Total Amount of Bidder’s Base Bid, the Total Amount of all alternates (if any) and the Total Amount of Bidder’s Contractor’s Daily Delay Damages. The City reserves the right to include in the Contract, if a Contract is awarded, the Base Bid only, or the Base Bid plus any alternate bid or combinations of alternates bid. When a price is quoted in both words and figures, the words shall prevail in case of a discrepancy. In the event of a discrepancy between Bidder’s Unit Price and Bidder’s Total Amount, the Unit Price shall prevail. In the event of a discrepancy between Bidder’s Total Amount and the Bid Total, the Unit Price and correct Total Amount shall prevail.

3-1.02 BONDS

Within ten (10) days of Contractor's receipt of Contract from City of Vallejo, the Contractor shall furnish corporate surety bonds to the benefit of the City of Vallejo, issued by a surety company acceptable to the City of Vallejo and authorized and admitted to do business in the State of California, as follows:

A. Faithful Performance Bond -- In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the Contractor's faithful performance of all covenants and stipulations of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

B. Payment (Labor and Materials) Bond -- In a sum not less than one hundred percent (100%) of the total contract price as set forth in the Contract to guarantee the payment of wage, and bills contracted for materials, supplies, or equipment used in the performance of the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 to 3252, inclusive, of the Civil Code of the State of California, and Section 13020 of the Unemployment Insurance Code of the State of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

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Faithful Performance Bond and Payment Bond shall be on the forms provided by City of Vallejo.

The surety companies shall familiarize themselves with all provisions and conditions of the Contract. It is understood and agreed that the surety or sureties waive the right of special notification of any modifications or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by the City of Vallejo or its authorized agents under the terms of the Contract; and failure to so notify the surety companies of such changes shall in no way relieve the surety or sureties of their obligations under this Contract. The surety expressly waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

3-1.03 EXECUTION OF CONTRACT

The Contract shall be signed by the successful Bidder and returned, together with the Contract bonds, within 10 days after the Bidder has received the Contract for execution.

3-1.04 FAILURE TO EXECUTE CONTRACT

The Bidder shall pay to the City of Vallejo from Bidder’s proposal guaranty, such sums as will reimburse the City of Vallejo for costs incurred for failure of the successful Bidder to complete, sign and return in strict compliance with these Contract Documents, if requested to do so, Contractor's Qualification Questionnaire, or enter into a Contract. The amount of Bidder’s cash, bond, certified check, or cashier's check proposal guaranty shall not be deemed to constitute a penalty or liquidated damages. The City of Vallejo shall not be precluded by such cash, bond, certified check, or cashier's check from recovering from the defaulting Bidder damages in excess of the amount of said cash, bond, certified check, or cashier's check incurred as a result of the failure of the successful Bidder to complete, sign and return in strict compliance with these Contract Documents, if requested to do so, Contractor's Qualification Questionnaire, or enter into a Contract.

3-1.05 RETURN OF PROPOSAL GUARANTIES

The proposal guaranties accompanying the proposals of the first, second and third lowest bidders will be retained until the Contract has been finally executed, after which those proposal guaranties, may be returned to the respective bidders whose proposals they accompany. The proposal guaranties, other than Bidder's bonds, submitted by all other unsuccessful bidders will be returned upon determination, by the City of Vallejo, of the first, second and third lowest responsible Bidders.

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SECTION 4: SCOPE OF WORK

4-1.01 INTENT OF DRAWINGS AND SPECIFICATIONS

All work and materials shall be in full accordance with the latest adopted standards and regulations of the State Fire Marshal; the California Building Code; Title 24 of the California Code of Regulations; the California Electrical Code; the California Plumbing Code; Americans with Disabilities Act; and all other applicable codes, laws, rules or regulations. Nothing in these Contract Documents is to be construed to permit work not conforming to these requirements.

Contractor agrees that immediately upon signing of the Contract, Contractor will diligently review the Contract Documents and determine if any work described or inferred within the Contract Documents is not in conformance with these requirements. Should Contractor discover work within the Contract Documents not in conformance with these requirements, Contractor agrees to immediately notify Engineer in writing of said nonconformance, and to not proceed with nonconforming work. When the work detailed in the Contract Documents differs from governing codes, it is understood and agreed that the Contract sum is based upon the more costly or expensive standard.

The intent of the drawings and Specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the Contract, and that the work performed under the Contract results in a complete operating system in satisfactory working condition with respect to the functional purposes of the installation, and no extra compensation will be allowed for anything omitted but fairly implied.

The prices paid for the various items in the proposal shall include full compensation for furnishing all labor, materials, tools, equipment, overhead, profit, incidentals, and doing all work necessary to complete the finished product as provided in the Contract Documents. Where the drawings or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the highest quality are to be used. The Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract to the highest possible standard of workmanship.

Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Contract Documents, the Contractor shall apply to the Engineer in writing for such further explanations as may be necessary, and the Engineer shall render his or her decisions thereon. The Contractor shall thoroughly review all Requests for Information (RFI's) submitted by subcontractors prior to submission to the Engineer to determine whether such RFI's is already answered in the Contract Documents. Contractor represents to City of Vallejo, that by submission of an RFI, Contractor has thoroughly reviewed the RFI and thoroughly reviewed the Contract Documents, and determined that the RFI is not answered or reasonably inferable in the Contract Documents, and that the RFI pertains to an unforeseen condition or circumstance that is not described in the Contract Documents, that there is a conflict or discrepancy in the Contract Documents, or there is an omission in the Contract Documents. In the event any RFI is answered or reasonably inferable from the Contract Documents, Contractor agrees to pay the City of Vallejo the reasonable cost, time and expenses

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associated with reviewing and responding to RFI's which are already answered or reasonably inferable from the Contract Documents. In the event of a disagreement over such compensation, the judgment of the Engineer shall be final.

4-1.02 FINAL CLEANING UP

Before final inspection of the work, the Contractor shall clean the project site, material sites and all ground occupied by the Contractor in connection with the work of all rubbish, excess materials, falsework, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and no separate payment will be made therefore.

4 -1.03 CHANGES

The City reserves the right without changing the scope of work, to make such alterations deviations, additions to or deletions from the drawings and Specifications, including but not limited to, the right to add or delete any portion of the work to be done with no additional compensation or change in lump sum or bid Unit Prices. The City also reserves the right without changing the scope of work, to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated. Such increases or decreases in quantities shall not be a basis for change in character of the work.

The City of Vallejo may request that Contractor provide City of Vallejo with estimated costs for proposed changes to the work. Contractor agrees to promptly provide City of Vallejo with detailed, itemized costs for proposed changes to the work and scheduling data demonstrating the impact, if any, of the proposed changes to the work and the time for completion.

Adjustments, if any, in the amount to be paid the Contractor by reason of any modifications of the work as set forth in a Contract change order, Construction Change Directive, or arising from claims shall be determined by one or more of the following methods as elected by the City of Vallejo:

A. Lump Sum Price - By an acceptable lump sum price fixed in agreement between the City of Vallejo and the Contractor.

B. Unit Prices - By unit prices fixed by agreement between the City of Vallejo and the Contractor.

C. Force Account - By directing the Contractor to proceed with the work and to keep and present in such form as the City of Vallejo may direct, a correct account of the cost of the change, together with all vouchers therefor. The Contractor will be paid for labor, materials, equipment rental, etc. actually used on change order work performed under Force Account as per Section 9-1.03 of these specifications.

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The amount of payment agreed upon or, in the absence of agreement, selected by the City of Vallejo shall be set forth in the change order or construction change directive.

Upon receipt of a Contract change order authorized by the Engineer, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of an authorized Contract change order therefor. In those cases, the Engineer will, as soon as practicable, issue a Contract change order for the ordered work and the provisions in Section 4-1.03A, "Procedure and Protest," shall be fully applicable to the subsequently issued Contract change order.

When the compensation for an item of work is subject to adjustment under the provisions of this Section 4-1.03, the Contractor shall, upon request, furnish the Engineer with adequate detailed cost data for that item of work. If the Contractor requests an adjustment in compensation for an item of work, the cost data shall be submitted with the request.

4-1.03A PROCEDURE AND PROTEST

A Contract change order authorized by the Engineer may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in an authorized Contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the Contract change order. The protest shall state the points of disagreement, and the Contract specification references, quantities and costs involved. If a written protest is not submitted, payment will be made as set forth in the Contract change order, and Contractor agrees that payment shall constitute full compensation for all work included therein or required thereby. Unprotested Contract change orders will be considered as executed Contract change orders.

Where the protest concerning an authorized Contract change order relates to compensation, the compensation payable for all work specified or required by that Contract change order to which the protest relates will be determined as provided in Section 4-1.03D. The Contractor shall keep full and complete records of the cost of that work and shall permit the Engineer to have access thereto as may be necessary to assist in the determination of the compensation payable for that work.

Where the protest concerning an accepted Contract change order relates to the adjustment of Contract time for the completion of the work, the time to be allowed therefor will be determined as provided in Section 8-1.07, "Liquidated Damages."

Proposed Contract change orders may be presented to the Contractor for consideration prior to authorization by the Engineer. If the Contractor signifies acceptance of the terms and conditions of the proposed Contract change order by executing the document and if the Contract change order is accepted by the Engineer and issued to the Contractor, payment in accordance with the provisions as to compensation therein set forth shall constitute full compensation for all work included therein or required thereby. An accepted Contract change order shall supersede a proposed, but unaccepted, Contract change order covering the same work.

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The Engineer may provide for an adjustment of compensation as to a Contract item of work included in a Contract change order determined as provided in Section 4-1.03D, if that item of work is eligible for an adjustment of compensation thereunder.

Change orders shall be in the form provided by City of Vallejo in the Contract Documents.

4-1.03B (INTENTIONALLY OMITTED)

4-1.03C (INTENTIONALLY OMITTED)

4-1.03D EXTRA WORK

New and unforeseen work will be classed as extra work when determined by the Engineer that the work is not covered by any of the various items for which there is a Unit Price or by combinations of those items. In the event portions of this work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combinations of those items, the remaining portion of the work will be classed as extra work. Extra work also includes work specifically designated as extra work in the drawings or Specifications.

The Contractor shall do the extra work and furnish all labor, material and equipment therefor upon receipt of an accepted Contract change order or other written order of the Engineer, and in the absence of an accepted Contract change order or other written order of the Engineer the Contractor shall not be entitled to payment for the extra work.

Payment for extra work required to be performed pursuant to the provisions in this Section 4-1.03D, in the absence of an executed Contract change order, will be made by force account as provided in Section 9-1.03; or as agreed to by the Contractor and the Engineer.

4-1.04 (INTENTIONALLY OMITTED)

4-1.05 USE OF MATERIALS FOUND ON THE WORK

Unless designated as selected material as provided in these Specifications, the Contractor, with the acceptance of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excavation of those materials at the Contract price for the excavation, but the Contractor shall replace at the Contractor's expense with other suitable material all of that portion of the material so removed and used which was contemplated for use in the work, except that the Contractor need not replace, at the Contractor's expense, any material obtained from structure excavation used as structure backfill. No charge for materials so used will be made against the Contractor. The Contractor shall not excavate or remove any material from within the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer.

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SECTION 5: CONTROL OF WORK

5-1.01 AUTHORITY OF ENGINEER

The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the drawings and Specifications; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation. The Engineer's decision shall be final, and the Engineer shall have authority to enforce and make effective those decisions and orders which the Contractor fails to carry out promptly.

5-1.02 CONTRACT DRAWINGS AND WORKING DRAWINGS

The Contract drawings furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the Contract drawings shall be in writing.

The Contract drawings shall be supplemented by such working drawings prepared by the Contractor as are necessary to adequately control the work. No change shall be made by the Contractor in any working drawing after it has been accepted by the Engineer.

Working drawings for any part of the permanent work shall include, but not be limited to stress sheets, anchor bolt layouts, shop details, erection drawings, equipment lists and any other information specifically required elsewhere in the Specifications.

Working drawings for cribs, cofferdams, falsework, temporary support systems, haul bridges, centering and form work and for other temporary work and methods of construction the Contractor proposes to use, shall be submitted when required by the Contract Documents or ordered by the Engineer. Working drawings shall be subject to City of Vallejo review insofar as the details affect the character of the finished work and for compliance with design requirements applicable to the construction when specified or called for, but details of design will be left to the Contractor who shall be responsible for the successful construction of the work.

Working drawings shall be reviewed by the Engineer before any work involving the drawings is performed. It is expressly understood that review of the Contractor's working drawings shall not relieve the Contractor of any responsibility under the Contract for the successful completion of the work in conformity with the requirements of the drawings and Specifications. Review of working drawings shall not operate to waive any of the requirements of the drawings and Specifications or relieve the Contractor of any obligation thereunder, and defective work, materials and equipment may be rejected notwithstanding the review.

Full compensation for furnishing all working drawings shall be considered as included in the prices paid for the Contract items of work to which the drawings relate and no additional compensation will be allowed therefor.

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5-1.02A (INTENTIONALLY OMITTED)

5-1.03 CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE

DEVIATIONS

Contractor’s work and materials shall strictly conform to the lines, grades, typical cross sections, dimensions and material requirements, including tolerances, required in the Contract Documents. Although measurement, sampling and testing may be considered evidence as to conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the drawings and Specifications, and the Engineer's decision as to any allowable deviations therefrom shall be final.

5-1.04 COORDINATION AND INTERPRETATION OF PLANS, SPECIFICATIONS AND

STANDARD SPECIFICATIONS

These project drawings, Specifications, special provisions, Contract change orders and all supplementary documents are essential parts of the Contract, and a requirement occurring in one Contract Document is as binding as though occurring in all. They are intended to be complementary, and to describe and provide for a complete work.

In the event of a conflict between the project drawings, Specifications or special provisions, and Standard Plans and Standard ;Specifications of the State of California, Business, Transportation and Housing Agency, Department of Transportation, dated 2023, City of Vallejo Standard Specifications and Standard Drawings , dated December 2011, or Vallejo Flood & Wastewater District Engineering Design standards and Engineering standard Details, dated July 2020, shall control. Project drawings shall govern over Standard Plans; Standard Plans and project drawings shall govern over the Standard Specifications; and the special provisions shall govern over both the Standard Specifications and the project drawings. The specific shall control over the general.

Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contract Documents, the Contractor shall apply in writing to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Contract Documents, reference in writing shall be made to the Engineer, whose decision thereon shall be final.

In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings.

5-1.05A ORDER OF WORK

When required by the Contract Documents, the Contractor shall follow the sequence of operations as set forth therein.

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Full compensation for conforming to those requirements will be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.

5-1.05B HOURS OF WORK

Regular working hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays observed by the City. Contractor shall request in writing work hours outside of normal working hours and provide a justification for the request. No work outside of the regular working hours shall be done unless previously requested by the Contractor in writing and approved by the Engineer in writing. City will consider up to a 24 hour working day to accommodate tide fluctuations with proper justification.

5-1.06 SUPERINTENDENCE

The Contractor shall designate in writing before starting work, an authorized representative who shall act as Superintendent and have the authority to represent and act for the Contractor. The Superintendent shall have responsibility for overall project operations and shall not be a “working foreman.”

When the Contractor is comprised of 2 or more persons, firms, partnerships or corporations functioning on a joint venture basis, the Contractor shall designate in writing before starting work, the name of one authorized representative who shall serve as the Superintendent, and who shall have the authority to represent and act for the Contractor.

The Superintendent shall be present at the site of the work at all times while work is actually in progress on the Contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.

Whenever the Contractor or the Contractor's Superintendent is not present on any particular part of the work where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the foreman or other individual who may have charge of the particular work in reference to which the orders are given.

Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing.

5-1.07 (INTENTIONALLY OMITTED)

5-1.08 INSPECTION

The Engineer shall, at all times, have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Contract Documents. All work done and all materials furnished shall be subject to the Engineer's

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inspection.

Neither the inspection by an inspector, City of Vallejo, Engineer, nor any measurement, approved or unapproved modification, Submittals, shop drawing, order, or certificate, nor acceptance of any part or whole of the work, or payment of money, nor any possession or use by the City of Vallejo or its agents, shall operate as a waiver of any provisions of the Contract or of any power or authority reserved therein, or of any right to damages thereunder; nor shall the waiver of any breach of this Contract be held to be a waiver of any subsequent or other breach.

Projects financed in whole or in part with State or Federal funds shall be subject to inspection at all times by the State or Federal agency involved, or their authorized representative.

5-1.09 REMOVAL OF REJECTED AND UNAUTHORIZED WORK

All work which has been rejected shall be remedied, or removed and replaced by the Contractor in a manner acceptable to the Engineer, and no compensation will be allowed to the Contractor for the removal, replacement or remedial work.

Any work done beyond the lines and grades shown on the drawings or established by the Engineer, or any extra work done without written authority will be considered as unauthorized work and will not be paid for. Upon order of the Engineer unauthorized work shall be remedied, removed or replaced at the Contractor's expense.

Upon failure of the Contractor to comply promptly with any order of the Engineer made under this Section 5-1.09, the City of Vallejo may cause rejected or unauthorized work to be remedied, removed or replaced, and to deduct the costs from any moneys due or to become due the Contractor.

5-1.10 EQUIPMENT AND PLANTS

Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the project.

Plants shall be designed and constructed in accordance with general practice for the equipment and shall be of sufficient capacity to ensure the production of sufficient material to carry the work to completion within the time limit.

The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer shall remove unsuitable equipment from the work and discontinue the operation of unsatisfactory plants.

The Contractor shall identify each piece of equipment, other than hand tools, by means of an identifying number plainly stenciled or stamped on the equipment at a conspicuous location, and shall furnish to the Engineer a list giving the description of each piece of equipment and its identifying number. In addition, the make, model number and empty gross mass of each unit of compacting equipment shall be plainly stamped or stenciled in a conspicuous place on the unit.

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The gross mass shall be either the manufacturer's rated mass or the scale weight, expressed in metric units {United States Standard Measures}.

The make, model, serial number and manufacturer's rated capacity in metric units {United States Standard Measures} for each scale shall be clearly stamped or stenciled on the load receiving element and its indicator or indicators. All meters shall be similarly identified, rated and marked.

Upon request of the Engineer, the Contractor shall furnish a statement by the manufacturer, designating sectional and weighbridge capacities of portable vehicle scales.

5-1.11 ALTERNATIVE EQUIPMENT

While certain of the Contract Documents may provide that equipment of a particular size and type is to be used to perform portions of the work, it is to be understood that the development and use of new or improved equipment is to be encouraged.

The Contractor may request, in writing, permission from the Engineer to use equipment of a different size or type in place of the equipment specified.

The Engineer, before considering or granting the request, may require the Contractor to furnish, at the Contractor's expense, evidence satisfactory to the Engineer that the equipment proposed for use by the Contractor is capable of producing work equal to, or better than, that which can be produced by the equipment specified.

If permission is granted by the Engineer, it shall be understood that the permission is granted for the purpose of testing the quality of work actually produced by the equipment and is subject to continuous attainment of results which, in the opinion of the Engineer, are equal to, or better than, that which can be obtained with the equipment specified. The Engineer shall have the right to withdraw permission at any time that the Engineer determines that the alternative equipment is not producing work that is equal, in all respects, to that which can be produced by the equipment specified. Upon withdrawal of permission by the Engineer, the Contractor will be required to use the equipment originally specified and shall, in accordance with the directions of the Engineer, remove and dispose of or otherwise remedy, at the Contractor's expense, any defective or unsatisfactory work produced with the alternative equipment.

The Contractor shall not have any claim against the City of Vallejo for either the withholding or the granting of permission to use alternative equipment, or for the withdrawal of the permission.

Permission to use alternative equipment in place of equipment specified will only be granted where the equipment is new or improved and its use is deemed by the Engineer to be in furtherance of the purposes of this Section 5-1.11. The permission for use of particular equipment on any project shall in no way be considered as permission of the use of the equipment on any other project.

Nothing in this Section 5-1.11 shall relieve the Contractor of the responsibility for furnishing materials or producing finished work of the quality specified in the Contract Documents

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5-1.12 ALTERNATIVE METHODS OF CONSTRUCTION

Whenever the drawings or Specifications provide that more than one specified method of construction or more than one specified type of material or construction equipment may be used to perform portions of the work and leave the selection of the method of construction or the type of material or equipment to be used up to the Contractor, it is understood that the City of Vallejo does not guarantee that every or any specified method of construction or type of material or equipment can be used successfully throughout all or any part of any project. It shall be the Contractor's responsibility to select and use the alternative or alternatives which will satisfactorily perform the work under the conditions encountered. In the event some of the alternatives are not feasible or it is necessary to use more than one of the alternatives on any project, full compensation for any additional cost involved shall be considered as included in the Contract price paid for the item of work involved and no additional compensation will be allowed therefor.

5-1.13 DIFFERING SITE CONDITIONS

During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the Contractor shall promptly notify the Engineer in writing of the specific differing conditions before they are disturbed and before the affected work is performed.

Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the Engineer's determination whether or not an adjustment of the Contract is warranted.

No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. Contractor agrees that failure to provide written notice to Engineer as required herein, or failure to otherwise abide by this Section, shall be a waiver by Contractor of any claim, demand, compensation or adjustment in the Contract time or working days.

No Contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work.

Any Contract adjustment warranted due to differing site conditions will be made in conformance with the provisions in Section 4-1.03, "Changes," except as otherwise provided.

5-1.14 CHARACTER OF WORKERS

If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, they shall be discharged immediately

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on the request of the Engineer, and that person shall not again be employed on the work.

5-1.15 FINAL INSPECTION

When the work has been completed, the Engineer will make the final inspection.

5-1.16 MEANS AND METHODS

City of Vallejo will not have control over, be in charge of, nor be responsible for construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the work, since these are solely Contractor's responsibility.

The City of Vallejo or adjacent property owner may perform other work adjacent to or within the project area, concurrent with the Contractor's operations. The Contractor shall cooperate fully with City of Vallejo in all operations which coincide with other work being performed, and provide City of Vallejo with such scheduling and other information as may be required by City of Vallejo to perform such other work. The Contractor shall conduct operations to minimize interference with the work of other forces or contractors performing such work. This work performed by a second contractor may include work which is incomplete or in dispute with the Contractor.

Any disputes or conflicts which may arise between the Contractor and any other forces or contractors retained by the City of Vallejo, causing delays or hindrance to each other, shall be referred to the Engineer for resolution.

The City of Vallejo shall have the right at any time during the progress of this work to take over and place in service any completed or partially completed portion of the work, notwithstanding the time for completion of the entire work or such portions which may not have expired; but such taking possession thereof shall not be deemed an acceptance of any of the work, nor work on those portions not completed in accordance with the Contract Documents.

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SECTION 6: CONTROL OF MATERIALS

6-1 GENERAL

6-1.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS

The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Specifications to be furnished by the City of Vallejo and materials furnished by the City of Vallejo in conformance with the provisions in Section 9-1.03, "Force Account Payment."

Only materials conforming to the requirements of the Contract Documents shall be incorporated in the work.

The materials furnished and used shall be new, except as may be provided elsewhere in the Contract Documents. The materials shall be manufactured, handled and used in a workmanlike manner to ensure completed work in accordance with the drawings and Specifications.

Materials to be used in the work will be subject to inspection and tests by the Engineer or the Engineer's designated representative. The Contractor shall furnish without charge such samples as may be required.

The Contractor shall furnish the Engineer a list of the Contractor's sources of materials and the locations at which those materials will be available for inspection. The list shall be submitted on a form acceptable to the Engineer and shall be furnished to the Engineer in sufficient time to permit inspecting and testing of materials to be furnished to the listed sources in advance of their use. The Engineer may inspect, sample or test materials at the source of supply or other locations, but the inspection, sampling or testing will not be undertaken until the Engineer is assured by the Contractor of the cooperation and assistance of both the Contractor and the supplier of the material. The Contractor shall assure that the Engineer or the Engineer's authorized representative has free access at all times to the material to be inspected, sampled or tested. It is understood that the inspections and tests if made at any point other than the point of incorporation in the work in no way shall be considered as a guaranty of acceptance of the material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City of Vallejo shall not relieve the Contractor or the Contractor's suppliers of responsibility for quality control.

Manufacturers' warranties, guaranties, instruction sheets and parts lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the Contract.

Reports and records of inspections made and tests performed, when available at the site of the work, may be examined by the Contractor.

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6-1.02 CITY FURNISHED MATERIALS

Materials which are listed as City of Vallejo-furnished materials in the special provisions will be available to the Contractor free of charge.

The Contractor shall submit a written request to the Engineer for the delivery of City of Vallejo-furnished material at least 15 days in advance of the date of its intended use. The request shall state the quantity and the type of each material.

The City of Vallejo-furnished materials will be available to the Contractor free of charge will be designated in the special provisions. In those cases the materials shall be hauled to the site of the work by the Contractor at the Contractor's expense, including any necessary loading and unloading that may be involved. All costs of handling and placing City of Vallejo-furnished material shall be considered as included in the price paid for the Contract item involving the City of Vallejo-furnished material.

The Contractor shall be responsible for all City of Vallejo-furnished materials furnished to the Contractor, and shall pay all demurrage and storage charges. City of Vallejo-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor at the Contractor's expense. The Contractor shall be liable to the City of Vallejo for the cost of replacing City of Vallejo-furnished material, and those costs may be deducted from any moneys due or to become due the Contractor. All City of Vallejo-furnished material that is not used on the work shall remain the property of the City of Vallejo and shall be delivered to the Engineer’s designated location at no cost to the City.

6-1.03 STORAGE OF MATERIALS

Articles or materials to be incorporated in the work shall be stored in such a manner as to ensure the preservation of their quality and fitness for the work, and to facilitate inspection.

6-1.04 DEFECTIVE MATERIALS

All materials which the Engineer has determined do not strictly conform to the requirements of the Contract Documents will be rejected whether in place or not. The rejected materials shall be removed immediately from the site of the work, unless otherwise permitted in writing by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work, unless authorization in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions in this section, the Engineer shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.

If nonconforming work, materials, or equipment not meeting the requirements and intent of the Contract Documents is discovered, and the Contractor fails to remedy the nonconforming work, materials, or equipment, or the City of Vallejo agrees in writing to accept the nonconforming work, materials, or equipment, Contractor agrees to sign a Contract Change Order or otherwise

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reimburse City of Vallejo in a sum equal to the cost to remedy the nonconforming work, materials, or equipment. It is expressly understood and agreed that the City of Vallejo will be entitled to recover from Contractor the full cost of remedying nonconforming work, materials, or equipment, and that diminution in value will not be considered as a method for valuing the City of Vallejo's damages for nonconforming work, materials, or equipment, and further that the doctrine of economic waste will not be a defense to the City of Vallejo's recovery from Contractor of the full and complete cost and expense of remedying nonconforming work, materials, or equipment.

Re-examination of any work may be ordered by the Engineer, and such work must be uncovered by the Contractor. The Contractor shall pay the entire cost of such uncovering, re-examination, and replacement if the work does not conform to the Contract Documents.

6-1.05 TRADE NAMES AND ALTERNATIVES

For convenience in designation on the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and the manufacturer's catalogue information. The use of an alternative article or material which is of equal or superior quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:

The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and the Contractor shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials, and the Engineer's decision shall be final.

Whenever the Contract Documents permit the substitution of a similar or equivalent material or article, no tests or action relating to the acceptance of the substitute material will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the material or article proposed. Request for such substitution shall be made in writing by the Contractor within thirty (30) days of the Notice to Proceed. Failure by the Contractor to request substitution within thirty (30) days of the Notice to Proceed constitutes an agreement by Contractor to furnish only the materials or equipment listed in the Contract Documents. Until and unless such substitutions are authorized in writing by the Engineer, no deviations from the specifications shall be allowed.

6-1.06 PLANT INSPECTION

The Engineer may inspect the production of material or the manufacture of products at the source of supply.

Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer's authorized representative shall have free entry at all times to those parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The City of Vallejo assumes no obligation to inspect materials at the source of supply.

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6-1.07 CERTIFICATES OF COMPLIANCE

A Certificate of Compliance shall be furnished prior to the use of any materials for which the Contract Documents require that a certificate be furnished. In addition, when so authorized in the Contract Documents, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract Documents. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.

Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection whether in place or not.

The City of Vallejo reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.

6-1.08 FOREIGN MATERIALS

Materials which are manufactured, produced or fabricated outside of the United States shall be delivered to a distribution point in California, unless otherwise required in the Contract Documents, where they shall be retained for a sufficient period of time to permit inspection, sampling and testing.

Attention is directed to the provisions in Section 8-1.07, "Liquidated Damages." The Contractor shall not be entitled to an extension of time for acts or events occurring outside of the United States, and it shall be the Contractor's responsibility to deliver materials obtained from outside of the United States to the point of entry into the continental United States in sufficient time to permit timely delivery to the job site.

The Contractor, at no cost to the City of Vallejo, shall supply the facilities and arrange for any testing required in California which the City of Vallejo is not equipped to perform. All testing by the Contractor shall be subject to witnessing by the Engineer.

The manufacturer, producer or fabricator of foreign material shall furnish to the Engineer a Certificate of Compliance in conformance with the provisions in Section 6-1.07, "Certificates of Compliance." In addition, certified mill test reports clearly identifiable to the lot of material shall be furnished where required in the Contract Documents or otherwise requested by the Engineer.

If the welding of steel for structural steel members or the casting and prestressing of precast,

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prestressed concrete members is to be performed outside of the United States, the following requirements shall apply:

A. The fabrication shall be performed only within the plants and by fabricators who have previously established, to the satisfaction of the Engineer, that they have the experience, knowledge, trained manpower, quality controls, equipment and other facilities required to produce the quality and quantity of work required. At the option of the Engineer, prequalification of the plant and fabricator will be established either by the submission of detailed written proof thereof or through in-plant inspection by the Engineer or the Engineer's representative, or both.

B. The Contractor shall make written application to the Engineer for acceptance for the foreign fabrication at the earliest possible time and in no case later than 50 days in advance of the planned start of fabrication. The application shall list the specific units or portion of a work which will be fabricated outside of the United States.

C. The Contractor shall advise the Engineer, in writing, at least 20 days in advance of the actual start of any of the foreign fabrication.

D. All documents pertaining to the Contract, including but not limited to, correspondence, bid documents, working drawings and data shall be written in the English language and all numerical data shall use the International System of Units (SI) {United States Standard Measures} for measurement.

The use of steel manufactured outside of the United States as unidentified stock material, as provided in Section 55-2.07, "Unidentified Stock Material," will not be allowed.

6-1.09 STATE SPECIFICATION NUMBERS

The State Specification number of material furnished on the Contract shall conform to the number specified in these Specifications or the special provisions for the material involved, except that material conforming to a later specification issue will be acceptable.

6-2 (INTENTIONALLY OMITTED)

6-2.01 (INTENTIONALLY OMITTED)

6-2.02 (INTENTIONALLY OMITTED)

6-2.03 (INTENTIONALLY OMITTED)

6-3 (INTENTIONALLY OMITTED)

6-3.01 (INTENTIONALLY OMITTED)

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6-3.02 (INTENTIONALLY OMITTED)

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SECTION 7: LEGAL RELATIONS AND RESPONSIBILITY

7-1.01 LAWS TO BE OBSERVED

The Contractor shall keep fully informed of all existing and future laws, ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with, and shall cause all the Contractor's agents, employees, subcontractors and material suppliers to observe and comply with all existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City of Vallejo, and all officers and employees thereof connected with the work, including but not limited to the Director and the Engineer, against any claim or liability arising from or based on the violation of any law, ordinance, regulation, order or decree, whether by the Contractor or the Contractor's employees.

If any discrepancy or inconsistency is discovered in the Contract Documents for the work in relation to any law, ordinance, regulation, order or decree, each Bidder and the Contractor shall forthwith report the same to the Engineer in writing.

7-1.01A LABOR CODE REQUIREMENTS

Attention is directed to the following requirements of the Labor Code:

7-1.01A(1) HOURS OF LABOR

Eight hours labor constitutes a legal day's work. The Contractor or any subcontractor under the Contractor shall forfeit, as a penalty to the State of California, $25 for each worker employed in the execution of the Contract by the respective Contractor or subcontractor for each calendar day during which that worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the requirements of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of Contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay, as provided in Section 1815 thereof.

7-1.01A(2) PREVAILING WAGE

The Contractor and any subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the City of Vallejo or political subdivision on whose behalf the Contract is made or awarded a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to

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1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime Contractor of the project is not liable for the penalties described above unless the prime Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime Contractor fails to comply with all of the following requirements:

A. The Contract executed between the Contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.

B. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

C. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

D. Prior to making final payment to the subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.

Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the City of Vallejo did not retain sufficient money under the Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money

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retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the City of Vallejo. These moneys shall be retained by the City of Vallejo pending the final decision of an enforcement action.

Pursuant to the requirements in Section 1773 of the Labor Code, the City of Vallejo has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

General prevailing wage rates are also available from the California State Department of Industrial Relations' Internet Web Site at:
http://www.dir.ca.gov/OPRL/dprewagedetermination.htm

The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates. Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the Contract.

Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the Contract. The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.

Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.

Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to Contractors for the project.

The City of Vallejo will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid, and will not under any circumstances be considered as the basis of a claim against the City of Vallejo on the Contract by Contractor.