Agenda, first session — Fairfield City Council, October 4, 2022 (part 1 of 2)

For individuals with hearing or speaking limitations, dial 711 or (800) 7352922 (English). For Spanish, Tagalog or other language, please dial (800) 8553000 and provide the communication assistant with the following City telephone number: (707) 3994010.

Pursuant to AB 361 regarding public meetings held during the COVID19 emergency, councilmembers may attend via teleconference. Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/84599909552?pwd=aFZ2a1cvTUlRWC9WZzdLTzRBR0k3QT09 or via phone (408) 6380968, Webinar ID: 845 9990 9552, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Pam Bertani
Councilmember Cat Moy
Councilmember Doriss Panduro
Councilmember Chuck Timm
Councilmember Scott Tonnesen
ViceMayor Rick Vaccaro
Mayor Harry Price
INVOCATION Worship Pastor Patrick Serna, Highway International Christian Fellowship PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
Packet Page 1 of 224

PRESENTATIONS

1.Proclamation Declaring Breast Cancer Awareness Month Presented by Police Chief Deanna Cantrell
Contact:Karen Rees, (707) 428 7767
a

2.Proclamation Declaring Cyber Security Month Presented by Councilmember Chuck Timm Contact:Karen Rees, (707) 428 7767
a

3.Proclamation Declaring Water Professionals Appreciation Week Presented by Councilmember Rick Vaccaro
Contact:Karen Rees, (707) 428 7767
a

4.Proclamation Declaring National Fire Prevention Week Presented by Councilmember Scott Tonnesen
Contact:Karen Rees, (707) 428 7767
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.

5.Resolution 2022257 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Karen Rees, (707) 4287767
a

6.Resolution 2022258 of the City Council of the City of Fairfield Authorizing the Renewal of the Microsoft Enterprise Agreement Through Crayon Software Experts, LLC, Resellers of the California State Department of Technology Microsoft Agreement
Packet Page 2 of 224

Funding Source
$1,800,000; Fund 522
Contact:Savita Chaudhary, (707) 4287582
a

7.Resolution 2022259 of the City Council of the City of Fairfield to Suspend Competitive Bidding and Authorize the City Manager to Purchase a Replacement Specialized CCTV Sewer Inspection Van
Recommended Action
Adopt resolution.

Funding Source
$113,500; Vehicle Replacement Fund; and $83,670; Sewer Maintenance Fund Contact:David Renschler, (707) 4287414
a

8.Resolution 2022260 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase a Replacement Water Tender Truck Recommended Action
Adopt resolution.

Funding Source
$221,594.14; Public Works Vehicle Replacement Fund
Contact:David Renschler, (707) 4287414
a

9.Resolution 2022261 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing Execution of Amendment No. 1 to the Contractor Services Agreement between the City of Fairfield and Pinnacle Petroleum Inc. for the Provision and Delivery of Renewable Diesel and 87 Octane Gasoline at the City of Fairfield Corporation Yard Recommended Action
Adopt resolution.

Funding Source
$25,385; Various Funds
Contact:David Renschler, (707) 4287414
a

10.Heart of Fairfield Resolution 2022262 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement between the City of Fairfield and GHD Engineers for the West Texas Complete Streets Project Heart of Fairfield Resolution 2022263 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement between the City of Fairfield and Coastland Civil Engineering, Inc. for Project Management Services on the West Texas Utility Relocation and Complete Streets Projects
Heart of Fairfield Resolution 2022264 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement between the City of Fairfield and GHD Engineers for the West Texas Utility Relocation Project Recommended Action
Adopt resolutions.

Funding Source
Packet Page 3 of 224

Funding Source
$1,812,886.33; Capital Streets Fund; and $161,629.33; Capital Water Fund; and $161,629.33; Capital Sewer Fund
Contact:Ryan Panganiban, (707) 4287017
a

11.Second Reading and Adoption of Ordinance 202210 of the City Council of the City of Fairfield Adding Article X (SingleUse Foodware Accessories and Standard Condiments) to Chapter 9 of the Fairfield Municipal Code
Recommended Action
Provide second reading and adopt Ordinance 202210.

Funding Source
N/A
Contact:Corey Beavers, (707) 4287528
a

12.Resolution 2022265 of the City Council of the City of Fairfield Accepting the Allan Witt Community Park Tennis Courts Resurfacing Maintenance Project as Complete Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Roger Dunham, (707) 4287478
a

13.Resolution 2022266 of the City Council of the City of Fairfield Accepting the Heart of Fairfield Downtown Striping and Intersection Improvement Project as Complete Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Roger Dunham, (707) 4287478
a

14.Resolution 2022267 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to Kerex Engineering for the Waterman Boulevard Sidewalk Project and Rancho Solano Median Extensions Project Recommended Action
Adopt resolution.

Funding Source
$490,050; Capital Streets Fund; and $147,565; Smith Ranch Maintenance District Fund Contact:Pavan Prasad, (707) 4287431
a
NEW BUSINESS

15.Resolution 2022268 of the City Council of the City of Fairfield Approving the Fire Department to Apply Through Solano LAFCO for ShortTerm and LongTerm Contract for Service Agreements with the Cordelia Fire Protection District
Recommended Action
Adopt resolution.

Funding Source
N/A
Packet Page 4 of 224

CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR MEETINGTUESDAY, OCTOBER 4, 2022; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Pursuant to AB 361 regarding public meetings held during the COVID19 emergency,councilmembers may attend via teleconference. Members of the public can observe the meeting onComcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/84599909552?pwd=aFZ2a1cvTUlRWC9WZzdLTzRBR0k3QT09 or viaphone (408) 6380968, Webinar ID: 845 9990 9552, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Pam Bertani Councilmember Cat MoyCouncilmember Doriss PanduroCouncilmemberChuck TimmCouncilmember Scott Tonnesen ViceMayor Rick VaccaroMayor Harry PriceINVOCATION Worship Pastor Patrick Serna, Highway International Christian FellowshipPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring Breast Cancer Awareness Month Presented by Police Chief DeannaCantrellContact:Karen Rees, (707) 428 7767a2.Proclamation Declaring Cyber Security Month Presented by Councilmember Chuck TimmContact:Karen Rees, (707) 428 7767a3.Proclamation Declaring Water Professionals Appreciation Week Presented by CouncilmemberRick VaccaroContact:Karen Rees, (707) 428 7767a4.Proclamation Declaring National Fire Prevention Week Presented by Councilmember ScottTonnesenContact:Karen Rees, (707) 428 7767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.5.Resolution 2022257 of the City Council of the City of Fairfield Reconsidering and AuthorizingPublic Meetings to be Held Via Teleconferencing Pursuant to Government Code Section54953(e) and Making Findings and Determinations Regarding the SameRecommended ActionAdopt resolution.Funding SourceN/AContact:Karen Rees, (707) 4287767a6.Resolution 2022258 of the City Council of the City of Fairfield Authorizing the Renewal of the MicrosoftEnterprise Agreement Through Crayon Software Experts, LLC, Resellers of the California StateDepartment of Technology Microsoft AgreementRecommended ActionAdopt resolution. Funding Source$1,800,000; Fund 522Contact:Savita Chaudhary, (707) 4287582a7.Resolution 2022259 of the City Council of the City of Fairfield to Suspend Competitive Biddingand Authorize the City Manager to Purchase a Replacement Specialized CCTV SewerInspection VanRecommended ActionAdopt resolution.Funding Source$113,500; Vehicle Replacement Fund; and $83,670; Sewer Maintenance FundContact:David Renschler, (707) 4287414a8.Resolution 2022260 of the City Council of the City of Fairfield Suspending Competitive Biddingand Authorizing the City Manager to Purchase a Replacement Water Tender TruckRecommended ActionAdopt resolution.Funding Source$221,594.14; Public Works Vehicle Replacement FundContact:David Renschler, (707) 4287414a9.Resolution 2022261 of the City Council of the City of Fairfield Suspending Competitive Biddingand Authorizing Execution of Amendment No. 1 to the Contractor Services Agreement betweenthe City of Fairfield and Pinnacle Petroleum Inc. for the Provision and Delivery of RenewableDiesel and 87 Octane Gasoline at the City of Fairfield Corporation YardRecommended ActionAdopt resolution.Funding Source$25,385; Various FundsContact:David Renschler, (707) 4287414a10.Heart of Fairfield Resolution 2022262 of the City Council of the City of Fairfield Authorizing theCity Manager to Execute a Professional Services Agreement between the City of Fairfield andGHD Engineers for the West Texas Complete Streets ProjectHeart of Fairfield Resolution 2022263 of the City Council of the City of Fairfield Authorizing theCity Manager to Execute a Professional Services Agreement between the City of Fairfield andCoastland Civil Engineering, Inc. for Project Management Services on the West Texas UtilityRelocation and Complete Streets ProjectsHeart of Fairfield Resolution 2022264 of the City Council of the City of Fairfield Authorizing theCity Manager to Execute Amendment No. 2 to the Professional Services Agreement betweenthe City of Fairfield and GHD Engineers for the West Texas Utility Relocation ProjectRecommended ActionAdopt resolutions.Funding Source$1,812,886.33; Capital Streets Fund; and $161,629.33; Capital Water Fund; and $161,629.33;Capital Sewer FundContact:Ryan Panganiban, (707) 4287017a11.Second Reading and Adoption of Ordinance 202210 of the City Council of the City of FairfieldAdding Article X (SingleUse Foodware Accessories and Standard Condiments) to Chapter 9of the Fairfield Municipal CodeRecommended ActionProvide second reading and adopt Ordinance 202210.Funding SourceN/AContact:Corey Beavers, (707) 4287528a12.Resolution 2022265 of the City Council of the City of Fairfield Accepting the Allan WittCommunity Park Tennis Courts Resurfacing Maintenance Project as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a13.Resolution 2022266 of the City Council of the City of Fairfield Accepting the Heart of FairfieldDowntown Striping and Intersection Improvement Project as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a14.Resolution 2022267 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Kerex Engineering for the Waterman BoulevardSidewalk Project and Rancho Solano Median Extensions ProjectRecommended ActionAdopt resolution.Funding Source$490,050; Capital Streets Fund; and $147,565; Smith Ranch Maintenance District FundContact:Pavan Prasad, (707) 4287431aNEW BUSINESS15.Resolution 2022268 of the City Council of the City of Fairfield Approving the Fire Department toApply Through Solano LAFCO for ShortTerm and LongTerm Contract for Service Agreementswith the Cordelia Fire Protection DistrictRecommended ActionAdopt resolution.

Funding Source
N/A
Contact:Matt Luckenbach, (707) 4367222
a

16.Continued Minute Action Approving Response to the 20212022 Grand Jury Report Entitled “Shelter Solano, Inc.: A Review of its First Three Years Operating an Emergency Shelter in Solano County;” and
Discussion on Grand Jury Recommendation of Forensic Audit Recommended Action
Approve the response letter to the Grand Jury and discuss the Grand Jury recommendation of a forensic audit.

Funding Source
N/A
Contact:Dawn La Bar, (707) 4287749
a
PUBLIC HEARINGS

17.Public Hearing; and
Resolution 2022269 of the City Council of the City of Fairfield Setting the Amount of Certain Development Impact Fees Established by Ordinance No. 201311; and First Reading and Introduction of Ordinance 202212 of the City Council of the City of Fairfield Amending Chapter 25, Article XI of the Fairfield Municipal Code Recommended Action
Hold public hearing; adopt resolution; waive full reading, read by title only; and introduce ordinance for first reading.

Funding Source
N/A
Contact:David Feinstein, (707) 4287448
a

18.Public Hearing;
and First Reading and Introduction of Ordinance 202213 of the City Council of the City of Fairfield Approving the First Amendment to the Restated and Amended Development Agreement By and Between the City of Fairfield and Albert D. Seeno Construction Co., a California Limited Partnership, Seecon Financial and Construction Co, Inc., a California Corporation, and West Coast Homebuilders Inc., a California Corporation Recommended Action
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.

Funding Source
N/A
Contact:David Feinstein, (707) 4287448
a
ADJOURN TO TUESDAY, OCTOBER 18, 2022, 6:00 P.M., COUNCIL CHAMBER.

Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Packet Page 5 of 224

PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on September 30, 2022.

Packet Page 6 of 224

Agenda Item No: 5.

AGENDA REPORT
DATE:October 4, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022257 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Government Code 54953(e) is new legislation that amends the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. The code requires that the City Council reconsider and reauthorize these provisions every 30 days following initial authorization.

DISCUSSION
On October 5, 2021, the council adopted provisions of Assembly Bill (AB) 361, urgency legislation that amends the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies:

1. State or local officials have imposed or recommended measures to promote social distancing; or

2. The agency has already determined whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of the attendee.

Council has utilized teleconferencing options throughout the pandemic, including remote appearances by Councilmembers and public comments from citizens via Zoom, email, or teleconference.

AB requires the council to reconsider the circumstances of the state of emergency every 30 days following the adoption of the law and make specific findings that either of the following cases exists:

1. The state of emergency continues to directly impact the ability of the members to meet in person safely; or
Packet Page 7 of 224

Agenda Item No: 5.AGENDA REPORTDATE:October 4, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022257 of the City Council of the City of Fairfield Reconsidering andAuthorizing Public Meetings to be Held Via Teleconferencing Pursuant to GovernmentCode Section 54953(e) and Making Findings and Determinations Regarding the SameRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEGovernment Code 54953(e) is new legislation that amends the Brown Act to allow local agencies tomeet remotely during declared emergencies under certain conditions. The code requires that the CityCouncil reconsider and reauthorize these provisions every 30 days following initial authorization.DISCUSSIONOn October 5, 2021, the council adopted provisions of Assembly Bill (AB) 361, urgency legislation thatamends the Brown Act to allow local agencies to meet remotely during declared emergencies undercertain conditions. AB 361 authorizes local agencies to continue meeting remotely without following theBrown Act’s standard teleconferencing provisions, including the requirement that meetings beconducted in physical locations if the meeting is held during a state of emergency proclaimed by theGovernor and either of the following applies:1. State or local officials have imposed or recommended measures to promote social distancing; or2. The agency has already determined whether, as a result of the emergency, meeting in personwould present imminent risks to the health or safety of the attendee.Council has utilized teleconferencing options throughout the pandemic, including remote appearancesby Councilmembers and public comments from citizens via Zoom, email, or teleconference.AB requires the council to reconsider the circumstances of the state of emergency every 30 daysfollowing the adoption of the law and make specific findings that either of the following cases exists:

1. The state of emergency continues to directly impact the ability of the members to meet in person safely; or

2. State or local officials continue to impose or recommend measures to promote social distancing.

FINANCIAL IMPACT
There is little to no fiscal impact by this action. City staff is already utilizing many of the procedures for teleconferencing in recent council meetings and other meetings of the legislative bodies.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
None.

ALTERNATIVE ACTION
The council may choose not to reauthorize these procedures, in which case they would no longer be able to teleconference into council meetings without meeting the notice requirements for teleconferencing that existed before the State of Emergency. Public comment via remote access would also be curtailed at council meetings.

STAFF CONTACT
Karen Rees, City Clerk
(707) 4287767
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 9/20/2022 8:28 AM
Packet Page 8 of 224

CITY OF FAIRFIELD

RESOLUTION NO. 2022-257

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD RECONSIDERING AND

AUTHORIZING PUBLIC MEETINGS TO BE HELD VIA TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953(E) AND MAKING FINDINGS AND DETERMINATIONS

REGARDING THE SAME

WHEREAS, the Fairfield City Council (the City Council) is committed to public access and participation in its meetings while balancing the need to conduct public meetings in a manner that reduces the likelihood of exposure to COVID-19; and

WHEREAS, all meetings of the City Council are open and public, as required by the Ralph M.

Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City Council conduct its business; and

WHEREAS, pursuant to Assembly Bill 361, signed by Governor Newsom and effective on September 16, 2021, legislative bodies of local agencies may hold public meetings via teleconferencing pursuant to Government Code Section 54953(e), without complying with the requirements of Government Code Section 54953(b)(3), if the legislative body complies with certain enumerated requirements in any of the following circumstances:

1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees ; and

WHEREAS, pursuant to Government Code Section 54953(e)(3), the City Council must reconsider the circumstances of the state of emergency and make specific finding every 30 d ays after enacting the provisions of Government Code Section 54953(e) by making the following findings:

1. The City Council has reconsidered the circumstances of the state of emergency; and

2. Either of the following circumstances exists:

A. The state of emergency continues to directly impact the ability of the members to safely meet in person; or
B. State or local officials continue to impose or recommend measures to promote social distancing; and
Packet Page 9 of 224Attachment 1 Page 1 of 3

RES. NO. 2022-257

Page 2 ends

WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency pursuant to Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic (the Emergency); and

WHEREAS, the Centers for Disease Control and Prevention (CDC) continue to advise that COVID- 19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time; and

WHEREAS, the California Department of Public Health (CDPH) and the CDC caution that the Delta variant of COVID-19, currently the dominant strain of COVID-19 in the country, is more transmissible than prior variants of the virus, may cause more severe illness, and that even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations; and

WHEREAS, the CDC has established a “Community Transmission” metric with 4 tiers designed to reflect a community’s COVID-19 case rate and percent positivity; and

WHEREAS, Solano County currently has a Community Transmission metric of “high” which is the most serious of the tiers; and

WHEREAS, due to the ongoing COVID-19 pandemic and the need to promote social distancing to reduce the likelihood of exposure to COVID-19, the City Council intends to hold public meetings via teleconferencing pursuant to Government Code Section 54953(e); and

WHEREAS, on October 5, 2021, the City Council adopted the provisions of Government Code Section 54953(e) for the first time by resolution and majority vote.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The Recitals provided above are true and correct and are hereby incorporated by reference.

Section 2. The City Council hereby determines that, as a result of the Emergency, meeting in person presents imminent risks to the health or safety of attendees.

Section 3. The City Council shall conduct its meetings pursuant to Government Code section 54953(e) and authorizes its boards and commissions to do likewise.

Section 4. The City Council has reconsidered the circumstances of the state of emergency.

Packet Page 10 of 224Attachment 1 Page 2 of 3

RES. NO. 2022-257

Page 3 ends

Section 5. The state of emergency continues to directly impact the ability of the City Council members to meet safely in person.

Section 6. State or local officials continue to impose or recommend measures to promote social distancing.

Section 7. Staff is hereby authorized and directed to continue to take all actions necessary to carry out the intent and purpose of this resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisi ons of the Brown Act.

Section 8. This resolution shall take effect immediately upon its adoption and must be reconsidered within 30 days to stay in effect.

PASSED AND ADOPTED this 4th day of October, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 11 of 224Attachment 1 Page 3 of 3

Agenda Item No: 6.

AGENDA REPORT
DATE:October 4, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022258 of the City Council of the City of Fairfield Authorizing the Renewal of the Microsoft Enterprise Agreement Through Crayon Software Experts, LLC, Resellers of the California State Department of Technology Microsoft Agreement RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The threeyear term renewal of the City's enrollment in the Microsoft Enterprise Agreement Program with the California Department of Technology, the Microsoft Select Agreement and yearly commit dollars for the City's Azure tenant for backup data of City systems, via reseller Crayon Software Experts, LLC.

DISCUSSION
The City's current Microsoft Enterprise Agreement, authorized by resolution 2019211, expires October 31, 2022. The Information Technology (IT) department is proposing to renew the City's "Enterprise Agreement" (EA) for the Microsoft services and software licensing required for City computer systems, to be purchased through Crayon Software Experts, LLC, an approved reseller of the California State Department of Technology's Microsoft agreement. The EA provides site licensing for key Microsoft software products for a period of three years.

The new EA includes software licensing for on premise operating systems, Office, and cloud O365 G5 licenses for various Microsoft applications, security, and the City's Microsoft Azure tenant, associated with disaster recovery and backup storage. The City participates in a cooperative purchasing agreement established by the California State Department of Technology contract (CDT). This agreement ensures that the City has access to Microsoft's latest software technology, allowing IT to maintain current security patches, which is imperative given ongoing security threats and compliance requirements.

The EA allows new licenses and products to be added during the term of the agreement and these newly added products then become part of the ongoing agreement renewed annually. These trueup costs are projected not to exceed $50,000 for the threeyear agreement term. that are legally required to comply with the annual Microsoft licensing trueup audit performed by Microsoft in coordination with City Staff should any licensing be added.

Packet Page 12 of 224

Agenda Item No: 6.AGENDA REPORTDATE:October 4, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022258 of the City Council of the City of Fairfield Authorizing the Renewal of theMicrosoft Enterprise Agreement Through Crayon Software Experts, LLC, Resellers of theCalifornia State Department of Technology Microsoft AgreementRECOMMENDED ACTIONAdopt resolution. STATEMENT OF ISSUEThe threeyear term renewal of the City's enrollment in the Microsoft Enterprise Agreement Programwith the California Department of Technology, the Microsoft Select Agreement and yearly commit dollarsfor the City's Azure tenant for backup data of City systems, via reseller Crayon Software Experts, LLC.DISCUSSIONThe City's current Microsoft Enterprise Agreement, authorized by resolution 2019211, expires October31, 2022. The Information Technology (IT) department is proposing to renew the City's "EnterpriseAgreement" (EA) for the Microsoft services and software licensing required for City computer systems,to be purchased through Crayon Software Experts, LLC, an approved reseller of the California StateDepartment of Technology's Microsoft agreement. The EA provides site licensing for key Microsoftsoftware products for a period of three years.The new EA includes software licensing for on premise operating systems, Office, and cloud O365 G5licenses for various Microsoft applications, security, and the City's Microsoft Azure tenant, associatedwith disaster recovery and backup storage. The City participates in a cooperative purchasingagreement established by the California State Department of Technology contract (CDT). Thisagreement ensures that the City has access to Microsoft's latest software technology, allowing IT tomaintain current security patches, which is imperative given ongoing security threats and compliancerequirements. The EA allows new licenses and products to be added during the term of the agreement and thesenewly added products then become part of the ongoing agreement renewed annually. These trueupcosts are projected not to exceed $50,000 for the threeyear agreement term. that are legally required to comply with the annual Microsoft licensing trueup audit performed by Microsoft in coordination with City Staff should any licensing be added.

FINANCIAL IMPACT
The proposed amount for the threeyear term for Microsoft Enterprise renewal is budgeted in the amount of $1,800,000 from the Information Technology Department Computer Fund (Fund 522, Org 25100) for Enterprise Licensing (Project 10411) for fiscal year (FY) 2023. The funds for FY 2024 and FY 2025 will be subject to budget appropriation.

Additionally, there may be annual trueup costs projected not to exceed $50,000 for the life of the three year agreement.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose not to approve the resolution, and this would result in the City falling out of Microsoft licensing compliance for the use of its operating systems, Office suite products and cloud tenants which may result in a $100,000 fine per infraction or requiring the city to find and use non Microsoft products which would likely cause significant organizational disruption. Additionally, the City would lose all of the Enterprise agreement benefits and will need to purchase software licenses and version upgrades at current open market prices.

STAFF CONTACT
Eudora Fleishman
(707) 4287527
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
Proposed Quote 1
Proposed Quote 2
Proposed Quote 3
Proposed Agreement 1 Server and Cloud Enrollment
Proposed Agreement 2 Select Plus Affiliate Registration REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 9/21/2022 6:21 PM
Beavers, Esther Approved 9/21/2022 6:58 PM
Beavers, Esther Approved 9/21/2022 6:58 PM
Packet Page 13 of 224

CITY OF FAIRFIELD

RESOLUTION NO. 2022-258

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE

RENEWAL OF THE MICROSOFT ENTERPRISE AGREEMENT THROUGH CRAYON SOFTWARE

EXPERTS, LLC, RESELLERS OF THE CALIFORNIA STATE DEPARTMENT OF TECHNOLOGY

MICROSOFT AGREEMENT

WHEREAS, the City of Fairfield (City) desires to renew its Microsoft Enterprise Licensing with Microsoft for software products for its enterprise and infrastructure; and

WHEREAS, the current enrollment in the Microsoft Enterprise Agreement Program will expire on October 31st, 2022; and

WHEREAS, California State Department of Technology, has obtained pre-negotiated group pricing for the acquisition of Microsoft software enterprise licensing and maintenance upgrades, and has an approved short list of Microsoft Account Resellers; and

WHEREAS, Crayon Software Experts, LLC, is an authorized reseller of Microsoft Products; and

WHEREAS, the City desires to renew the three-year term of the City's enrollment in the Microsoft Enterprise Agreement Program with the California Department of Technology, the Microsoft Select Agreement, and yearly commit dollars for the City’s Azure tenant via reseller Crayon Software Experts, LLC.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The City Council authorizes the city manager to enter into the renewal of the three-year term for Microsoft Enterprise licensing renewal budgeted in the amount of $1,800,000 from the Information Technology Department Computer Fund (Fund 522, Org 25100) for the Enterprise Licensing (Project 10411) for fiscal year (FY) 2023. The funds for FY 2024 and FY 2025 will be subject to budget appropriation.

Section 2. The city manager is hereby authorized to acquire additional licenses, in an amount not to exceed $50,000 during the three-year term of the Agreement, that are legally required to comply with the annual Microsoft licensing true-up audit performed by Microsoft in coordination with City Staff.

Section 3. The council hereby authorizes the city manager or designee to take all steps necessary or useful to implement this resolution.

Packet Page 14 of 224Attachment 1 Page 1 of 2

RES. NO. 2022-258

Page 2 ends

PASSED AND ADOPTED this 4th day of October, 2022, by the following vote:

AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK

Packet Page 15 of 224Attachment 1 Page 2 of 2

Quote Date: 07.27.2022CustomerQuoted by:Otech on behalf of City of FairfieldCrayon Software Experts LLC12221 Merit Drive, Suite 1400Dallas, TX 75251Susan [email protected]**Budgetary Pricing does not include CDT Fees****Please note a final quote will be issued once final configuration is determinedand validated by Microsoft.****FromSA pricing available on initial purchase of G5 licenses only; all reservations and addswill receive full USL pricing.** Pricing for Enterprise Agreement RenewalPart Number Description Qty Annual Unit Price Extended AmountPricing and Usage Year 2 ‐ 5 months with 11/01 start (11/01/2022 ‐ 03/27/2023)Enterprise Products ‐ Monthly SubscriptionsAAL‐48033 M365 E5 From SA GCC ALNG SubsVL MVL PerUsr 750 159.25$ 119,437.50$ Year 2 Total 119,437.50$ Pricing and Usage Year 3 ‐ 12 months (03/28/2023 ‐ 03/27/2024)Annual Unit Price Extended AmountEnterprise Products ‐ Monthly SubscriptionsAAL‐48033 M365 E5 From SA GCC ALNG SubsVL MVL PerUsr 750 382.20$ 286,650.00$ Year 3 Total 286,650.00$ Part Number Description Qty Annual Unit Price Extended AmountPricing and Usage Year 4 ‐ 12 months (03/28/2024 ‐ 03/27/2025)Enterprise Products ‐ Monthly SubscriptionsAAL‐48033 M365 E5 From SA GCC ALNG SubsVL MVL PerUsr 750 456.44$ 342,330.00$ Year 4 Total 342,330.00$ Part Number Description Qty Annual Unit Price Extended AmountPricing and Usage Year 5 ‐ 12 months (03/28/2025 ‐ 03/31/2026)Enterprise Products ‐ Monthly SubscriptionsAAL‐48033 M365 E5 From SA GCC ALNG SubsVL MVL PerUsr 750 498.02$ 373,515.00$ Year 5 Total 373,515.00$ Total Years 2‐5 1,121,932.50$ ** Pricing Expires in 30 days from date of quote****All items included in this RFQ are new, unused, not refurbished, with original manufacturer warranty.**Remit to Address:CDT will remit payment.Packet Page 16 of 224Attachment 2 Page 1 of 1

Quote Date: 09.01.2022 Customer Quoted by:

City of Fairfield Crayon Software Experts LLC
12221 Merit Drive, Suite 1400
Dallas, TX 75251
Susan McDowell
[email protected]

Select Plus for Renewal
Part Number Description Qty Annual Unit Price Extended Amount Select Plus ‐ Pricing and Usage Year 1 ‐ 12 months
395‐02505 Exchange Server Ent SLng SA 1
730.60$                                        730.60$
H30‐00255 Project Professional SLng LSA 1 Server CAL 30 461.93$                                        13,857.90$ 076‐01920 Project Standard SLng SA 1
129.38$                                        129.38$
076‐01810 Project Standard SLng LSA 29
278.05$                                        8,063.45$ 7JQ‐00355 SQL Server Enterprise Core SLng SA 2L 20
2,254.05$                                    45,081.02$ 7NQ‐00301 SQL Server Standard Core SLng SA 2L 40
587.82$                                        23,512.69$ 9EP‐00194 System Center DC Core SLng SA 16L 1
394.23$                                        394.23$
D87‐01158 Visio Professional SLng SA 2
110.25$                                        220.51$
D87‐01099 Visio Professional SLng LSA 28
237.04$                                        6,637.12$ D86‐01252 Visio Standard SLng SA 2

58.96$                                          117.93$ D86‐01240 Visio Standard SLng LSA 28
126.74$                                        3,548.72$ 77D‐00111 Visual Studio Pro MSDN ALng SA 3
307.86$                                        923.57$
6VC‐01290 Win Remote Desktop Services CAL SLng SA UCAL 40

23.76$                                          950.25$ 9EA‐00264 Win Server DC Core SLng SA 16L 20
1,009.34$                                    20,186.80$ 9EM‐00260 Win Server Standard Core SLng SA 16L 53
175.31$                                        9,291.41$ Year 1 Total 133,645.59$
Part Number Description Qty Annual Unit Price Extended Amount Select Plus ‐ Pricing and Usage Year 2 ‐ 12 months
395‐02505 Exchange Server Ent SLng SA 1
730.60$                                        730.60$
H30‐00255 Project Professional SLng LSA 1 Server CAL 30 461.93$                                        13,857.90$ 076‐01920 Project Standard SLng SA 1
129.38$                                        129.38$
076‐01810 Project Standard SLng LSA 29
278.05$                                        8,063.45$ 7JQ‐00355 SQL Server Enterprise Core SLng SA 2L 20
2,254.05$                                    45,081.02$ 7NQ‐00301 SQL Server Standard Core SLng SA 2L 40 587.82$                                        23,512.69$ 9EP‐00194 System Center DC Core SLng SA 16L 1
394.23$                                        394.23$
D87‐01158 Visio Professional SLng SA 2
110.25$                                        220.51$
D87‐01099 Visio Professional SLng LSA 28
237.04$                                        6,637.12$ D86‐01252 Visio Standard SLng SA 2

58.96$ 117.93$ D86‐01240 Visio Standard SLng LSA 28
126.74$ 3,548.72$ 77D‐00111 Visual Studio Pro MSDN ALng SA 3 307.86$ 923.57$ 6VC‐01290 Win Remote Desktop Services CAL SLng SA UCAL 40

23.76$                                          950.25$ 9EA‐00264 Win Server DC Core SLng SA 16L 20
1,009.34$                                    20,186.80$ 9EM‐00260 Win Server Standard Core SLng SA 16L 53
175.31$                                        9,291.41$ Year 2 Total 133,645.59$
Part Number Description Qty Annual Unit Price Extended Amount Select Plus ‐ Pricing and Usage Year 3 ‐ 12 months
395‐02505 Exchange Server Ent SLng SA 1 730.60$                                        730.60$ H30‐00255 Project Professional SLng LSA 1 Server CAL 30 461.93$                                        13,857.90$ 076‐01920 Project Standard SLng SA 1
129.38$                                        129.38$
076‐01810 Project Standard SLng LSA 29
278.05$                                        8,063.45$ 7JQ‐00355 SQL Server Enterprise Core SLng SA 2L 20
2,254.05$                                    45,081.02$ 7NQ‐00301 SQL Server Standard Core SLng SA 2L 40
587.82$                                        23,512.69$ 9EP‐00194 System Center DC Core SLng SA 16L 1
394.23$                                        394.23$
D87‐01158 Visio Professional SLng SA 2
110.25$                                        220.51$
D87‐01099 Visio Professional SLng LSA 28
237.04$                                        6,637.12$ D86‐01252 Visio Standard SLng SA 2

23.76$                                          950.25$ 9EA‐00264 Win Server DC Core SLng SA 16L 20
1,009.34$                                    20,186.80$ 9EM‐00260 Win Server Standard Core SLng SA 16L 53
175.31$                                        9,291.41$ Year 3 Total 133,645.59$
Total Years 1‐3 400,936.76$
** Pricing Expires in 30 days from date of quote**
**All items included in this RFQ are new, unused, not refurbished, with original manufacturer warranty.** Remit to Address:

Crayon Software Experts, LLC
Attn: Finance Manager
12221 Merit Drive, Suite 1400
Dallas, TX 75251
Phone: 469‐329‐0290
[email protected]
Send POs to [email protected]
Packet Page 17 of 224Attachment 3 Page 1 of 1

Quote Date: 09.01.2022 Customer Quoted by:

City of Fairfield Crayon Software Experts LLC
12221 Merit Drive, Suite 1400
Dallas, TX 75251
Susan McDowell
[email protected]

Net New SCE
Part Number Description Qty Annual Unit Price Extended Amount SCE - Pricing and Usage Year 1 - 12 months
J5U-00001 MS EA AZURE GOVT CLOUD COMMIT 50 1,218.27$ 60,913.50$ Year 1 Total 60,913.50$
Part Number Description Qty Annual Unit Price Extended Amount SCE - Pricing and Usage Year 2 - 12 months
J5U-00001 MS EA AZURE GOVT CLOUD COMMIT 50 1,218.27$ 60,913.50$ Year 2 Total 60,913.50$
Part Number Description Qty Annual Unit Price Extended Amount SCE - Pricing and Usage Year 3 - 12 months
J5U-00001 MS EA AZURE GOVT CLOUD COMMIT 50 1,218.27$ 60,913.50$ Year 3 Total 60,913.50$
Total Years 1-3 182,740.50$
** Pricing Expires in 30 days from date of quote**
**All items included in this RFQ are new, unused, not refurbished, with original manufacturer warranty.** Remit to Address:

Crayon Software Experts, LLC
Attn: Finance Manager
12221 Merit Drive, Suite 1400
Dallas, TX 75251
Phone: 469-329-0290
[email protected]
Send POs to [email protected]
Packet Page 18 of 224Attachment 4 Page 1 of 1

ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883

Program Signature Form
MBA/MBSA number Proposal ID
Agreement number
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new.

For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.

This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below.

Contract Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents.

Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax ID
* indicates required field
Packet Page 19 of 224Attachment 5 Page 1 of 18

ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883

Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft’s signature date)
Optional 2nd Customer signature or Outsourcer signature (if applicable) Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form.

After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.

Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
Packet Page 20 of 224Attachment 5 Page 2 of 18

SCE20201EnrGov(US)SLG(ENG)(Oct2019) Page 1 of 12
Document X20-12088

Server and Cloud Enrollment State and Local
Server and Cloud Enrollment
number
Microsoft to complete Framework ID
(if applicable)
Previous Enrollment number
Reseller to complete

This Enrollment must be attached to a signature form to be valid.

This Microsoft Server and Cloud Enrollment is entered into between the entities identified on the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or Customer’s Affiliate, that entered into the Enterprise Agreement identified on the signature form.

This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, (7) the Online Services Supplemental Terms and Conditions if the Enterprise Agreement is a version 2010 or earlier and Enrolled Affiliate is ordering Online Services, and (8) any order submitted under this Enrollment. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. If this Enrollment is entered into under an Enterprise Agreement version 2009 or earlier, the terms and conditions of this Enrollment supersede any conflicting terms and conditions in the Enterprise Agreement with respect to Products licensed under this Enrollment.

Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect.

Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. If the Enrollment is renewed, the renewal term will expire on the last day of the month, 36 full calendar months after the effective date of the renewal term.

Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment or agreement, the previous Enrollment or agreement number must be identified in the appropriate box above. If renewing from multiple Enrollments or agreements, or transferring Software Assurance or MSDN details, the Previous Agreement/Enrollment form must be used.

Terms and Conditions

1. Definitions.

Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions also apply:
“Additional Product” means any Product identified as such in the Product Terms, excluding any Server and Tools Product, and chosen by Enrolled Affiliate under this Enrollment.

Packet Page 21 of 224Attachment 5 Page 3 of 18

SCE20201EnrGov(US)SLG(ENG)(Oct2019) Page 2 of 12
Document X20-12088

“Azure Government Services” means one or more of the services or features Microsoft makes available to Enrolled Affiliate under this Enrollment and identified at http://azure.microsoft.com/en-us/regions/#services , which are Government Community Cloud Services.
“Baseline Agreements” means all Microsoft license agreements, including, without limitation, volume licensing agreements, OEM licenses and retail licenses, under which any Affiliate in the Enterprise uses the selected Server and Tools Products. Baseline Agreements do not include any Service Provider License Agreements or Independent Software Vendor Royalty License and Distribution Agreements under which the Enterprise has the right to provide software services or unified solutions to unaffiliated end users. “Baseline Licenses” means Existing Baseline Licenses and New Baseline Licenses, collectively. “Community” means the community consisting of one or more of the following: (1) a G overnment, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements.

Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service.
“Existing Baseline Licenses” means all Licenses in use by any Affiliate in the Enterprise for the selected Server and Tools Products that were obtained under any Baseline Agreement before this Enrollment. “Expiration Date” means the date upon which the Enrollment expires. “Federal Agency” means a bureau, office, agency, department or other entity of the United States Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms.
“Microsoft Azure Services” means one or more of the Microsoft Azure services or feat ures made available to Enrolled Affiliate under this Enrollment by Microsoft and identified at http://www.windowsazure.com/en- us/home/features/overview/, except Microsoft Azure Marketplace (which is governed by separate terms). “New Baseline Licenses” means the quantity of Licenses for Server and Tools Products ordered under this Enrollment in excess of the Existing Baseline Licenses. “Product Family” or “Family” means the group of Products designated as a Product Family on the Product Selection Form.
“Product Selection Form” means the document provided by Microsoft or Enrolled Affiliate’s Reseller that (1) identifies all Baseline Licenses, (2) defines the Product Families, (3) establishes the Enrolled Affiliate’s price levels for each Product pool and (4) specifies the minimum quantity of Licenses that must be ordered to qualify for this Enrollment.
“Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement. “Reserved License” means for an Online Service identified as eligible for true-up in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation.
“Server and Tools Product” means any Product identified as s uch in the Product Selection Form and chosen by Enrolled Affiliate to be included under this Enrollment. "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, Packet Page 22 of 224Attachment 5 Page 4 of 18

SCE20201EnrGov(US)SLG(ENG)(Oct2019) Page 3 of 12
Document X20-12088

or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries. “Tribal Entity” means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.

2. Product Use Rights and Service Level Agreement.

Enrolled Affiliate and its Enterprise may download, install and use software Products and access and use Online Services ordered under this Enrollment subject to the terms of this Enrollment, the applicable Use Rights and the Product Terms. In addition to applicable use rights terms of the Enterprise Agreement, the following terms apply to this Enrollment:
a. All terms and conditions applicable to Microsoft Azure Services also apply to Azure Government Services, except as otherwise noted in the Use Rights and this Enrollment. b. Use Rights for Server and Tools Products. For Server and Tools Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term.

3. Order requirements.
a. Minimum order requirements.
(i) Server and Tools Products.
1) Existing Baseline Licenses. When ordering a Server and Tools Product other than Microsoft Azure, Enrolled Affiliate must identify all Existing Baseline Licenses for the applicable Server and Tools Product Family. Perpetual Licenses owned by the Enterprise but not identified as Existing Baseline Licenses in the applicable Product Family at the start of this Enrollment may not be used during this Enrollment term. 2) Initial Order. Enrolled Affiliate’s initial order must meet the minimum purchase requirements for at least one Product Family. For every applicable Product Family except Microsoft Azure the initial order must also include the following:

A. Software Assurance on all perpetual Existing Baseline Licenses that have been continuously covered under Software Assurance;
B. License with Software Assurance or Subscription License for each Existing Baseline License that has not been continuously covered under Software Assurance; and
C. License with Software Assurance or Subscription Licenses for all New Baseline Licenses.
3) Effect of Subscription License coverage on Existing Baseline Licenses. If Enrolled Affiliate orders Subscription Licenses for any Existing Baseline Licenses, the following provisions will apply for the duration of this Enrollment, notwithstanding any provisions to the contrary in the Baseline Agreements:

Packet Page 23 of 224Attachment 5 Page 5 of 18

SCE20201EnrGov(US)SLG(ENG)(Oct2019) Page 4 of 12
Document X20-12088

A. The use rights for those Existing Baseline Licenses will be superseded and replaced by the use rights for the Subscription Licenses.

B. The Existing Baseline Licenses shall be non-transferrable.

C. The Enrolled Affiliate and its Affiliates must continue to perform any obligations under their Baseline Agreement(s), including but not limited to making payments for any of the Existing Baseline Licenses.

D. When this Enrollment expires or is terminated, the Enrolled Affiliate or its Affiliates, as applicable, will have the rights under the Baseline Agreement(s) that it had as of the effective date of this Enrollment, unless it exercises its buy -out option as provided in this Enrollment.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products and Services.
c. Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any subsequent orders.
d. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obl igation or liability on Microsoft.
e. Adding Products.
(i) Adding new Products not previously ordered.
1) New Server and Tools Products may be added by contacting a Microsoft Account Manager or Reseller.
2) New Server and Tools Products included in a previously ordered Product Family may be added at any time but must be included in the next annual true-up order. 3) Orders for new Additional Products, other than Online Services, must be placed in the month the Additional Product is first used.
4) Subscription Licenses for new Online Services other than Microsoft Azure Services must be ordered prior to use.
5) Microsoft Azure Services may be added as provided in the Product Terms. (ii) Adding Licenses for previously ordered Products.
1) Additional Licenses for previously ordered Products may be added at any time but must be included in the next annual true-up order.
2) Additional Subscription Licenses for Online Services must be ordered prior to use unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses.
f. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Annual order period. A true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third-year true-up order or update statement is due within 30 days prior to the Expiration Date. Enrolled Affiliate may submit true-up orders more often to account for increases in Product usage, Packet Page 24 of 224Attachment 5 Page 6 of 18

SCE20201EnrGov(US)SLG(ENG)(Oct2019) Page 5 of 12
Document X20-12088

but an annual true-up order or update statement must still be received by Microsoft during the annual order period.
(ii) True-up order. Enrolled Affiliate must determine the maximum number of Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. For Subscription Licenses for Products other than Online Services, the true-up order must indicate the initial use date(s) for each additional Subscription License ordered. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use, and payment may be deferred until the next true-up order.

Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered.
(iii) Update statement. An update statement must be submitted if there has been no change in the number of Products used within Enrolled Affiliate’s Enterprise since the latter of the initial order, the last true-up order, or the prior anniversary date. This update statement must be signed by Enrolled Affiliate’s authorized representative. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses only on the Enrollment anniversary date on a prospective basis if permitted in the Product Terms as follows:
1) For Server and Tools Products available as Subscription Licenses, Licenses may be reduced only as long as the minimum order requirements are maintained. If reducing Subscription Licenses that cover Existing Baseline Licenses, Enrolled Affiliate may not use or transfer those Existing Baseline Licenses for the remainder of the term. 2) For Online Services available as Additional Product Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, the applicable Subscription License will be cancelled.

Subscription Licenses added after the initial order may not be reduced on the anniversary date immediately following the order but must remain in effect at least until the subsequent anniversary date. Notwithstanding the foregoing, Microsoft Azure Monetary Commitment added after the initial order may be reduced on any anniversary date.Invoices will be adjusted to reflect any reductions in Subscription Licenses and will be effective as of the Enrollment anniversary date.
(v) Late true-up order. If the annual true-up order is not received when due:
1) Microsoft will invoice Enrolled Affiliate’s Reseller for the following year for the quantity of Subscription Licenses ordered in the prior year ; however, such invoice will not constitute a waiver of the annual order requirement;
2) Subscription License reductions will not take effect until the following Enrollment anniversary date (or at Enrollment renewal, as applicable); and 3) Microsoft will invoice Enrolled Affiliate’s Reseller for all Reserved Licenses not previously invoiced.
g. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up order process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled “Adding new Products not previously ordered,” then for additional step-up Licenses, by following the true-up order process.

Packet Page 25 of 224Attachment 5 Page 7 of 18

SCE20201EnrGov(US)SLG(ENG)(Oct2019) Page 6 of 12
Document X20-12088

h. Clerical Errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical e rrors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. i. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Agreement.

4. Pricing.
a. Price levels. Each Product is assigned to a Product pool as shown on the Product Terms.

Price levels (A, B, C or D) are set separately for each pool. Price levels for the applicable Product pools are set forth in the Product Selection Form. Enrolled Affiliate’s price level for each Product pool under this Enrollment will be Level D. b. Setting prices. Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. Microsoft’s prices for Resellers for each Product or Service ordered (except for Microsoft Azure Services) are fixed throughout the applicable Enrollment term .

5. Payment terms.
a. License with Software Assurance and Software Assurance. For the initial and any renewal order for License with Software Assurance and Software Assurance, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate’s Reseller in full upon acceptance of this Enrollment. If spread payments are elected, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments unless indicated otherwise. The first installment will be invoiced to Enrolled Affiliate’s Reseller upon Microsoft’s acceptance of this Enrollment and additional installments will be invoiced on each Enrollment anniversary date. Subsequent orders will be invoiced to Enrolled Affiliate’s Reseller upon acceptance of the order and must be paid upfront.
b. Subscription Licenses (except Microsoft Azure Services). Microsoft will invoice Enrolled Affiliate’s Reseller annually in full upon acceptance of each order. Microsoft will invoice Reseller for annual orders on each Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront. c. Microsoft Azure services. Invoicing for Microsoft Azure Services is described in the Product Terms.

6. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but for which it has not previously submitted an order. b. End of term rights for Server and Tools Products. Provided Enrolled Affiliate has paid for all required Licenses, including any Baseline Licenses, on the Expiration Date Enrolled Affiliate will have the following rights:
(i) Existing Baseline Licenses with continuous Software Assurance. For perpetual Existing Baseline Licenses continuously covered by Software Assurance, Enrolled Affiliate will have perpetual Licenses to use the latest version of the Product available (or any prior version) as of the Expiration Date, provided that the Existing Baseline Licenses are fully paid.

Packet Page 26 of 224Attachment 5 Page 8 of 18

SCE20201EnrGov(US)SLG(ENG)(Oct2019) Page 7 of 12
Document X20-12088

(ii) New Baseline Licenses. For New Baseline Licenses (excluding Subscription Licenses), Enrolled Affiliate will have perpetual Licenses to use the latest version of the Product available (or any prior version) as of the Expiration Date. c. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products and Services by renewing this Enrollment for one additional 36 full calendar month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Enrolled Affiliate to enter into new agreements and Enrollments at renewal. d. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Extended Term for eligible Online Services. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month (“Extended Term”) is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. If Enrolled Affiliate does not intend to continue with the Extended Term, Enrolled Affiliate must submit a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice.
(iii) Subscription Licenses and Online Services without an Extended Term. If Enrolled Affiliate elects not to renew or exercise its buy-out rights for Products eligible for buy-out, Subscription Licenses will be cancelled and will terminate as of the Expiration Date. Any associated software must be uninstalled, media must be destroyed and the Enterprise must discontinue use. Microsoft may request written certification to verify compliance. e. Buy-out option.
(i) For Subscription Licenses. Enrolled Affiliate may buy out active Subscription Licenses acquired under this Enrollment for Products other than Online Services and acquire perpetual Licenses for the latest version of the Product as of the Expiration Date by placing an order for such Licenses.
(ii) Buy-out order date. Microsoft must receive the buy-out order no more than 30 days prior to the Expiration Date. The Expiration Date will be the invoice date for the buy-out order. f. Termination for cause. Any termination for cause of this Enrollment will be subject to the “Termination for cause” Section of the Agreement. In addition, the following will constitute a breach of this Enrollment: (1) Enrolled Affiliate or any Affiliate in the Enterprise fails to timely pay for any existing Baseline License, (2) any existing Baseline Agreement is terminated for cause prior to full payment, or (3) Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community.

Packet Page 27 of 224Attachment 5 Page 9 of 18

SCE20201EnrGov(US)SLG(ENG)(Oct2019) Page 8 of 12
Document X20-12088

g. Early termination. If Enrolled Affiliate terminates this Enrollment as a result of a breach by Microsoft, or if Microsoft terminates this Enrollment because Enrolled Affiliate has ceased to be Customer’s Affiliate, then Enrolled Affiliate will have the following options for Licenses, excluding Subscription Licenses:
(i) It may immediately pay the total remaining amount due, including all installments, in which case, Enrolled Affiliate will have perpetual rights (1) for Server and Tools Products, as described in the section entitled “End of Term rights for Server and Tools Products” and (2) for Additional Products, for all Licenses (excluding Subscription Licenses) it has ordered (for the latest version of Products ordered under Software Assurance coverage in an initial or renewal term); or
(ii) It may pay only amounts due as of the termination date, in which case Enrolled Affiliate will have perpetual Licenses (for the latest version of Products ordered under Software Assurance coverage in an initial or renewal term) for (1) all copies of Products for which payment has been made in full, and (2) a proportional number of copies of Products it has ordered for which payment has been made.
h. Early termination for Subscription Licenses. Notwithstanding anything to the contrary in any of the documents that collectively constitute the Enterprise Agreement, if an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or if Microsoft terminates this Enrollment because Enrolled Affiliate has ceased to be Customer’s Affiliate, then Enrolled Affiliate will have the following options with respect to Subscription Licenses:
(i) Enrolled Affiliate may obtain perpetual Licenses as described in the section entitled “Buy- out option,” provided that Microsoft receives the buy-out order for those Licenses within 60 days after Enrolled Affiliate provides notice of termination. (ii) If not exercising the buy-out option, Enrolled Affiliate will receive a credit for any amount paid in advance that would apply after the date of termination. i. Early termination for Online Services. For Online Services, if an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or if Microsoft terminates this Enrollment for regulatory reasons or because Enrolled Affiliate has ceased to be Customer’s Affiliate, then Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination.

7. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States.

Packet Page 28 of 224Attachment 5 Page 10 of 18

SCE20201EnrGov(US)SLG(ENG)(Oct2019) Page 9 of 12
Document X20-12088

(ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States.

Packet Page 29 of 224Attachment 5 Page 11 of 18

SCE20201EnrGov(US)SLG(ENG)(Oct2019) Page 10 of 12
Document X20-12088

Enrollment Details

1. Enrolled Affiliate’s Enterprise.
a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities.

Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates.

Enrolled Affiliate only
Enrolled Affiliate and the following Affiliate(s) (Only identify specific Affiliates to be included if fewer than all Affiliates are to be included in the Enterprise):

Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:

b. Please indicate whether Enrolled Affiliate’s Enterprise will include all new Affiliates acquired after the start of this Enrollment:

If no selection is made, Microsoft will deem the Enterprise to include all future Affiliates.

2. Contact information.

Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter .
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The Primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes.

Name of entity (must be legal entity name)*
Contact name: First* Last*
Contact email address*
Street address*
City*
Packet Page 30 of 224Attachment 5 Page 12 of 18

SCE20201EnrGov(US)SLG(ENG)(Oct2019) Page 11 of 12
Document X20-12088

State/Province*
Postal code* -
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country*
Phone*
Tax ID
* indicates required field
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Services, including adding or reassigning Licenses and stepping-up prior to a true-up order.

Same as primary contact (default if no information is provided below, even if box is not checked)
Name of entity*:

Contact name: First* Last*
Contact email address*
Street address*
City*
State/Province*
Postal code* -
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country*
Phone*
Language preference. Choose the language for notices. English This contact is a third party (not Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required field
c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment.

Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked)
Contact name: First* Last*
Contact email address*
Phone*
This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required field
d. Azure Services Administrator. This contact is authorized to manage the Azure Services ordered under the Enrollment.

Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked)
Contact name: First* Last*
Contact email address*
Phone
This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required field
e. Reseller information. Reseller’s contact for this Enrollment is:

Reseller company name*
Street address (PO boxes will not be accepted)*
Packet Page 31 of 224Attachment 5 Page 13 of 18

SCE20201EnrGov(US)SLG(ENG)(Oct2019) Page 12 of 12
Document X20-12088

City*
State/Province*
Postal code*
Country*
Contact name*
Phone*
Contact email address*
* indicates required field
By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct.

Name of Reseller*
Signature*
Printed name*
Printed title*
Date*
* indicates required field
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect.
f. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the Notices Contact and Online Administrator remains the default.
(i) Additional Notices Contact
(ii) Software Assurance Manager
(iii) Subscriptions Manager
(iv) Customer Support Manager (CSM) contact

3. Financing.

Is a purchase under this Enrollment being financed through MS Financing? Yes, No.

4. Upfront Payment.

Does Enrolled Affiliate wish to pay upfront as allowed in the Payment terms section of this Enrollment? Yes, No.

Packet Page 32 of 224Attachment 5 Page 14 of 18

SCEProdSelForm(WW)ExPRC(ENG)(Nov2019) Page 1 of 4
Document X20-12875

Server and Cloud Enrollment
Product Selection Form
This document must be attached to a signature form to be valid.

Terms used but not defined herein will have the meaning provided in the Enrollment.

Price Levels for Server and Tools Products and Additional Products:

Instructions: Include the agreement or enrollment name and number below that qualifies the Enrolled Affiliate for the price levels indicated in this Product Selection Form.

Agreement or Enrollment Name Agreement or Enrollment Number

Server Pool Price Level Applications Pool Price Level Systems Pool Price Level
A A A
Instructions: Fill out the Product Selection Form (PSF), and the associated Customer Price Sheet (CPS) according to the table below.

Baseline Licenses at
Enrollment Effective Date Product Selection Form Customer Price Sheet SKUs Licenses with Software
Assurance
Existing Baseline Licenses with
continuous Software Assurance SA
New Subscription Licenses New Subscription Licenses MSU New Licenses New Licenses with Software
Assurance LicSAPk
Determining the number of Licenses and SKUs
Enter the actual number of licenses in the PSF. Some SKUs (SQL and Biztalk) include more than one license. For such SKUs, divide the number of licenses on the PSF by the number of licenses included in each SKU to determine the quantity of SKUs to enter on the Customer Price Sheet.

Packet Page 33 of 224Attachment 5 Page 15 of 18

SCEProdSelForm(WW)ExPRC(ENG)(Nov2019) Page 2 of 4
Document X20-12875

Product Selection Form
Product selection
Baseline Licenses
Existing Baseline
Licenses New Baseline Licenses
Existing Licenses
with Software
Assurance
New
Subscription
Licenses
New Licenses with
Software
Assurance Product
Family
Server and Tools
Product
SQL Server(1)
SQL Server
Enterprise Per Core
SQL Server Standard
Per Core
SQL Server Standard
Server
SQL Server CAL
BizTalk
Server
BizTalk Server
Enterprise Per Core
BizTalk Server
Standard Per Core
BizTalk Server Branch
Per Core
Visual Studio
Visual Studio Ultimate
with MSDN N/A(2) N/A N/A
Visual Studio
Premium with MSDN N/A(2) N/A N/A
Visual Studio
Enterprise with MSDN
Visual Studio
Enterprise with
GitHub Enterprise

Visual Studio Test
Professional with
MSDN

Azure DevOps Server
CAL

Packet Page 34 of 224Attachment 5 Page 16 of 18

SCEProdSelForm(WW)ExPRC(ENG)(Nov2019) Page 3 of 4
Document X20-12875

Product Selection
Baseline Licenses
Existing Baseline
Licenses New Baseline Licenses
Existing Licenses
with Software
Assurance
New
Subscription
Licenses
New Licenses with
Software Assurance Product
Family
Server and Tools
Product
Visual Studio
(Continued) MSDN Platforms
SharePoint
Server
SharePoint
Server
Azure Azure Monetary
Commitment The monetary commitment is tracked on the CPS if applicable Core
Infrastructure
Suite
CIS Datacenter
CIS Standard
Windows Server
Datacenter (3) N/A N/A
System Center
Datacenter (3) N/A N/A
Windows Server
Standard (3) N/A N/A
System Center
Standard (3) N/A N/A
(1) SQL Server Enterprise Edition Server (non-core) licenses are not required as part of the baseline, however SA renewal is available as an additional product. If customers choose not to renew SA, it cannot be attached later.
(2) Visual Studio Premium with MSDN and Visual Studio Ultimate with MSDN Existing Baseline Licenses should be counted as Visual Studio Enterprise with MSDN Licenses. (3) Quantities of Windows Server and System Center Licenses with continuous Software Assurance can be combined to renew CIS SA as described in the Product Terms, or added to the CPS using the appropriate L+SA CIS w/o SKU where the quantity of each is different. For example, 100 Windows Server and 100 System Center licenses with Software Assurance can be combined as 100 CIS SA renewals (of the equivalent edition). 100 Windows Server and 50 System Center licenses with Software Assurance can be combined as 50 CIS licenses (of the equivalent edit ion) and 50 L&SA CIS w/o Windows Server.
(4) Quantities of Windows Server and System Center without continuous Software Assurance will be added as full CIS subscriptions.

Packet Page 35 of 224Attachment 5 Page 17 of 18

SCEProdSelForm(WW)ExPRC(ENG)(Nov2019) Page 4 of 4
Document X20-12875

Minimum Purchase Requirements
Product Family Minimum Initial Order
SQL Server The quantity of SQL Per Core licenses needed for 50 cores OR 5 SQL Server editions with 250 CALs (SQL Server editions require CALs).

BizTalk Server 24 Cores of any combination of Biztalk Server Editions. The SQL Server product family must be selected in the above table.

Visual Studio
20 Licenses of any combination of: Visual Studio Enterprise with MSDN, Visual Studio Enterprise with GitHub Enterprise and MSDN Platforms. A Baseline License is required for each user of any software licensed through MSDN subscription. Use of MSDN Software includes, but is not limited to, developing and testing programs using the software as well as installing, configuring and managing the software. Examples of users include (but are not limited to):
developers, testers, and other IT employees interacting with application development infrastructure.

SharePoint
Server 5 Servers. The SQL Server product family must be selected in the above table.

Core
Infrastructure
Suites
All licensed Windows Server deployments must be licensed with an appropriate Core Infrastructure Suite SKU. Minimum order is 400 Core Licenses for Core Infrastructure Server Suites Standard or Datacenter (either edition or any combination of both).

Azure Monetary
Commitment
For commercial customers in Argentina, Australia, Austria, Belgium, Canada, Chile, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Jamaica, Italy, Lichtenstein, Luxemburg, Netherlands, Norway, Portugal, Puerto Rico, South Africa, Spain, Sweden, Switzerland, Trinidad & Tobago, U.K., U.S., and Uruguay, Azure Monetary Commitment is no longer allowed to be purchased as the only Server and Tools Product.

Otherwise, if Azure Monetary Commitment is the only Server and Tools Product selected and the Enrollment is versioned 2016 or later, the Minimum Initial Order for Monetary Commitment is 10 Monetary Commitment units per month.

If Azure Monetary Commitment is not the only Server and Tools Product selected, the Minimum Initial Order for Monetary Commitment is 1 Monetary Commitment unit per month.

Packet Page 36 of 224Attachment 5 Page 18 of 18

ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883

Program Signature Form
MBA/MBSA number Proposal ID
Agreement number 7756479
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new.

For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.

This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below.

Contract Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Document Number or Code
Select Plus Affiliate Registration Form X20-11591
Document Description Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents.

Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax ID
* indicates required field
Packet Page 37 of 224Attachment 6 Page 1 of 5

ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883

Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
Packet Page 38 of 224Attachment 6 Page 2 of 5

SelectPlus2013ARFGov(US)SLG(ENG)(Oct2013) Page 1 of 3
Document X20-11591

Select Plus Affiliate Registration Form State and Local Registration Type
Reseller to complete
Lead Affiliate
Additional Affiliate
Lead Affiliate Public Customer
Number (PCN)
Reseller to complete
A43515A8
Agreement Number
Microsoft or Reseller to complete 7756479
Additional Affiliate Public
Customer Number (PCN)
Reseller to complete
Qualifying Contract
Reseller to complete Change Affiliate Anniversary Month
Reseller to complete Choose Month
By registering, Registered Affiliate accepts and agrees to be bound by the terms of the agreement and any applicable attachments (the “Agreement”), and will be allowed to acquire Products in accordance with the Agreement.

If Registered Affiliate registers as an Additional Affiliate, Registered Affiliate represents that the Additional Affiliate is an eligible entity of the Lead Affiliate identified above.

This registration is valid when accepted by Microsoft and until it is terminated. Registered Affiliate will receive an acceptance notification confirming the effective date of this registration. Microsoft may refuse to accept a registration if there is a business reason for doing so. Either party may terminate this registration for any reason with 60 days advance written notice. Terminating this registration will terminate the Registered Affiliate’s ability to place Orders under the Agreement.

Each Registered Affiliate may qualify for and receive additional benefits by electing Software Assurance membership. By electing Software Assurance membership, the Registered Affiliate is committing to include Software Assurance with every eligible Order. To make this election, complete and submit the Select Plus Software Assurance Membership Election Form.

In order to use a third party to reimage the Windows Operating System Upgrade, Registered Affiliate must certify that it has acquired qualifying operating system licenses. See the Product List for details.

1. Primary Contact Information.

Registered Affiliate must identify an individual from inside its organization to serve as the primary contact. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others.

Name of entity*
Contact name*: First Last
Contact email address*
Street address*
City*
State*
Postal code*
Country* United States
Phone*
Tax ID
* indicates required fields

2. Notices contact and online administrator.

This individual receives contractual notices. They are also the online Administrator for the Volume Licensing Service Center and may grant online access to others.

Same as primary contact
Name of entity*
Contact name*: First Last
Packet Page 39 of 224Attachment 6 Page 3 of 5

SelectPlus2013ARFGov(US)SLG(ENG)(Oct2013) Page 2 of 3
Document X20-11591

Contact email address*
Street address*
City*
State*
Postal code*
Country* United States
Phone*
This contact is a third party (not the Registered Affiliate). Warning: This contact receives personally identifiable information of the Registered Affiliate.
* indicates required fields

3. Language preference.

Select the language for notices. English

4. Reseller information.

Reseller company name* Crayon Software Experts LLC
Street address (PO boxes will not be accepted)* 12221 Merit Drive, Suite 800 City* Dallas
State* TX
Postal code* 75251
Country* United States
Contact name*
Phone* 469-329-0290
Contact email address* [email protected]
* indicates required fields
The undersigned confirms that the information is correct.

Name of Reseller* Crayon Software Experts LLC
Signature*
Printed name*
Printed title*
Date*
* indicates required fields
Changing a Reseller. If Microsoft or Reseller chooses to discontinue doing business with one another, Registered Affiliate must choose a replacement Reseller. If Registered Affiliate or Resellers intends to terminate their relationship, the initiating party it must notify Microsoft and the other party, using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect.

5. Supplemental Contacts.

Customer’s Notices Contact identified above is the default contact for administrative and other communications. However, Customer may designate additional contacts using the Supplemental Contact Information form.

6. Software Assurance Membership Election.

Each Registered Affiliate may qualify for and receive additional benef its with Software Assurance membership. By electing Software Assurance membership below, Registered Affiliate is committing for a minimum period of one year to include Software Assurance with every eligible Order, and to maintain Software Assurance for all copies of Products licensed under this program for at least one Product pool.

Product pools Yes No
Packet Page 40 of 224Attachment 6 Page 4 of 5

SelectPlus2013ARFGov(US)SLG(ENG)(Oct2013) Page 3 of 3
Document X20-11591

Only valid if attached to a signature form.

Applications Note: If “Yes” is
marked, orders
for Licenses
without Software
Assurance will
not be accepted.

Systems
Servers
Packet Page 41 of 224Attachment 6 Page 5 of 5

Agenda Item No: 7.

AGENDA REPORT
DATE:October 4, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022259 of the City Council of the City of Fairfield to Suspend Competitive Bidding and Authorize the City Manager to Purchase a Replacement Specialized CCTV Sewer Inspection Van
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Public Works Operations Division is in need of a replacement specialized closed circuit television camera (CCTV) sewer inspection van. The cost of the replacement van is included in the fiscal year 20222023 budget. Adopting this resolution authorizes the purchase of a replacement CCTV sewer inspection van from CUES, Inc.

DISCUSSION
The Public Works Department unit number 7231 is a 2006 Ford specialized sewer van that has reached the end of its useful life. The proposed replacement sewer van will be outfitted with specialized CCTV equipment to better serve the needs of the sewer crews.

As of July 1, 2022, the City has taken over the mandated CCTV program (Program) from the Fairfield Suisun Sewer District. Administered internally, the Program aids staff in meeting criteria set by the Regional Water Quality Control Board (RWQCB) and the Sanitary Sewer Maintenance Program (SSMP). With the addition of a new CCTV van, City staff will be able to identify and complete 2540% more point repairs, reduce recurring “hot spot” cleaning by 40%, and reduce cleaning frequencies of approximately 3.5 miles biannually and approximately 7 miles annually. Another immediate result includes the ability to address fats, oils and grease (FOG) aggressively, an area of the SSMP that the City is currently meeting bareminimum requirements. Through the Program, the City will identify root sources, as identified in the SSMP, and confidently mitigate these measures through outreach and enforcement, if needed.

The City has the opportunity to purchase a replacement sewer van that will meet the new needs of the department at a competitive price utilizing the Houston/Galveston Area Council (HGAC) national pricing structure. HGAC has awarded a contract (SC2101) to CUES, Inc. for specialized CCTV sewer Packet Page 42 of 224

Agenda Item No: 7.AGENDA REPORTDATE:October 4, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022259 of the City Council of the City of Fairfield to Suspend CompetitiveBidding and Authorize the City Manager to Purchase a Replacement SpecializedCCTV Sewer Inspection VanRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Public Works Operations Division is in need of a replacement specialized closed circuit televisioncamera (CCTV) sewer inspection van. The cost of the replacement van is included in the fiscal year20222023 budget. Adopting this resolution authorizes the purchase of a replacement CCTV sewerinspection van from CUES, Inc.DISCUSSIONThe Public Works Department unit number 7231 is a 2006 Ford specialized sewer van that hasreached the end of its useful life. The proposed replacement sewer van will be outfitted with specializedCCTV equipment to better serve the needs of the sewer crews.As of July 1, 2022, the City has taken over the mandated CCTV program (Program) from the FairfieldSuisun Sewer District. Administered internally, the Program aids staff in meeting criteria set by theRegional Water Quality Control Board (RWQCB) and the Sanitary Sewer Maintenance Program(SSMP). With the addition of a new CCTV van, City staff will be able to identify and complete 2540%more point repairs, reduce recurring “hot spot” cleaning by 40%, and reduce cleaning frequencies ofapproximately 3.5 miles biannually and approximately 7 miles annually. Another immediate resultincludes the ability to address fats, oils and grease (FOG) aggressively, an area of the SSMP that theCity is currently meeting bareminimum requirements. Through the Program, the City will identify rootsources, as identified in the SSMP, and confidently mitigate these measures through outreach andenforcement, if needed. The City has the opportunity to purchase a replacement sewer van that will meet the new needs of the department at a competitive price utilizing the Houston/Galveston Area Council (HGAC) national pricing structure. HGAC has awarded a contract (SC2101) to CUES, Inc. for specialized CCTV sewer inspection vans through a competitive process. CUES, Inc. has agreed to sell the City one CCTV sewer inspection van at the HGAC price.

Staff is requesting that the City Council adopt the attached resolution to suspend competitive bidding and authorize the purchase of a replacement specialized CCTV sewer inspection van from CUES, Inc. for the amount of $164,309 plus taxes.

Staff has experienced supply chain issues over the past year causing delays in the procurement of specialty products, such as vehicles, and rising prices. To account for potential price increases after placing the order, staff recommends a 20% price contingency of $32,861 for a total nottoexceed authorization of $197,170 plus taxes.

FINANCIAL IMPACT
The total cost of the specialized CCTV sewer inspection van is nottoexceed $197,170 plus taxes ($164,309 base cost + $32,861 contingency). This purchase budgeted in the FY 20222023 Vehicle Replacement Fund (Fund 512, Organization Code 60308) for $113,500 with the remainder ($83,670) for this purchase budgeted in Sewer Maintenance Fund (Fund 255, Organization Code 60308). No general fund monies will be utilized.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may reject this acquisition; however, this is not recommended due to the need to provide adequate RWQCB/SSMP compliance and inspection coverage.

STAFF CONTACT
David Renschler, Fleet Division Manager
(707) 4287414
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 9/22/2022 5:08 PM
Beavers, Esther Approved 9/22/2022 5:25 PM
Beavers, Esther Approved 9/22/2022 5:25 PM
Packet Page 43 of 224

CITY OF FAIRFIELD

RESOLUTION NO. 2022-259

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD TO SUSPEND COMPETITIVE

BIDDING AND AUTHORIZE THE CITY MANAGER TO PURCHASE A REPLACEMENT SPECIALIZED

CCTV SEWER INSPECTION VAN

WHEREAS, the Public Works Department Operations Division is in need of one specialized CCTV sewer inspection van; and

WHEREAS, Houston/Galveston Area Council (HGAC) procures equipment contracts based on a competitive process; and

WHEREAS, HGAC has awarded contract # SC21-01 for specialized CCTV sewer inspection vans to CUES, Inc.; and

WHEREAS, CUES, Inc. has agreed to sell a specialized CCTV sewer inspection van to the City of Fairfield at the HGAC contract price.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The City Council hereby suspends competitive bidding and authorizes the city manager to purchase one specialized CCTV sewer inspection van from CUES, Inc. in the amount not-to-exceed $197,170 plus taxes.

PASSED AND ADOPTED this 4th day of October, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 44 of 224Attachment 1 Page 1 of 1

Agenda Item No: 8.

AGENDA REPORT
DATE:October 4, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022260 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase a Replacement Water Tender Truck
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Public Works unit #325 is a Volvo water tender truck that has exceeded its useful life and is due for replacement. The replacement cost of this truck is included in the fiscal year (FY) 20202021 budget.

City Council approved the replacement on June 15, 2021, with Resolution No. 2021131; however, since then, specialized vehicle costs have increased in price. Adopting this resolution authorizes the purchase of one replacement water tender truck from NorCal Kenworth in the amount nottoexceed $221,594.14.

DISCUSSION
Public Works unit #325 is a 1992 Volvo water tender truck that has exceeded its useful life. This specialized truck is used by public works crews for water and sewer maintenance, cleanup mitigation involving water main breaks, sanitary sewer overflows and flood debris, and provides a backup water source for the VacCon combination sewer trucks when large amounts of water are needed to complete a cleaning process in the field. The expected lifespan for this type of equipment is approximately 14 years. The repair costs for this water tender truck have exceeded 65% of the original purchase price and it is no longer reliable or costeffective to keep.

On June 15, 2021, per Resolution No. 2021131, the council approved this purchase for nottoexceed $201,621. Due to unexpected supply chain restraints, increased costs for raw materials, and labor shortages, the manufacturer of this specialized truck has increased their pricing.

Staff recommends adopting the attached resolution to suspend competitive bidding and authorize the purchase of a replacement water tender truck from NorCal Kenworth for the amended total price of $221,594.14. This price is $19,973.14 higher than originally anticipated.

Packet Page 45 of 224

Agenda Item No: 8.AGENDA REPORTDATE:October 4, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022260 of the City Council of the City of Fairfield Suspending CompetitiveBidding and Authorizing the City Manager to Purchase a Replacement Water TenderTruckRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEPublic Works unit #325 is a Volvo water tender truck that has exceeded its useful life and is due forreplacement. The replacement cost of this truck is included in the fiscal year (FY) 20202021 budget.City Council approved the replacement on June 15, 2021, with Resolution No. 2021131; however,since then, specialized vehicle costs have increased in price. Adopting this resolution authorizes thepurchase of one replacement water tender truck from NorCal Kenworth in the amount nottoexceed$221,594.14.DISCUSSIONPublic Works unit #325 is a 1992 Volvo water tender truck that has exceeded its useful life. Thisspecialized truck is used by public works crews for water and sewer maintenance, cleanup mitigationinvolving water main breaks, sanitary sewer overflows and flood debris, and provides a backup watersource for the VacCon combination sewer trucks when large amounts of water are needed to completea cleaning process in the field. The expected lifespan for this type of equipment is approximately 14years. The repair costs for this water tender truck have exceeded 65% of the original purchase priceand it is no longer reliable or costeffective to keep. On June 15, 2021, per Resolution No. 2021131, the council approved this purchase for nottoexceed$201,621. Due to unexpected supply chain restraints, increased costs for raw materials, and laborshortages, the manufacturer of this specialized truck has increased their pricing. Staff recommends adopting the attached resolution to suspend competitive bidding and authorize thepurchase of a replacement water tender truck from NorCal Kenworth for the amended total price of $221,594.14. This price is $19,973.14 higher than originally anticipated.

FINANCIAL IMPACT
The total cost for the replacement of unit #325 is for a nottoexceed amount of $221,594.14 ($201,621 plus a price increase of $19,973.14). The funds are budgeted in the Public Works Vehicle Replacement Fund (Fund 512, Organization Code 77001) and the Public Works Water Distribution Fund (Fund 461, Organization Code 77001) for FY 20202021 and FY 20222023.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may reject this acquisition; however, this is not recommended due to the cost effectiveness of our overall fleet program and the increased cost of using an antiquated vehicle.

STAFF CONTACT
David Renschler, Fleet Division Manager
(707) 4287414
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 9/22/2022 5:07 PM
Beavers, Esther Approved 9/22/2022 5:19 PM
Beavers, Esther Approved 9/22/2022 5:24 PM
Packet Page 46 of 224

CITY OF FAIRFIELD

RESOLUTION NO. 2022-260

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD SUSPENDING COMPETITIVE

BIDDING AND AUTHORIZING THE CITY MANAGER TO PURCHASE A REPLACEMENT WATER

TENDER TRUCK

WHEREAS, the Public Works Department is in need of a replacement water tender truck; and

WHEREAS, City Council approved the purchase from NorCal Kenworth on June 15, 2021, by Resolution No. 2021-131; and

WHEREAS, the global COVID-19 pandemic has caused unexpected price increases and manufacturing delays; and

WHEREAS, NorCal Kenworth has increased the price of this purchase by $19,973.14 due to unexpected price increases.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The council hereby suspends competitive bidding and authorizes the city manager to purchase a replacement water tender truck from NorCal Kenworth in the amount not to exceed $221,594.14.

PASSED AND ADOPTED this 4th day of October, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST

____________________________

CITY CLERK
Packet Page 47 of 224Attachment 1 Page 1 of 1

Agenda Item No: 9.

AGENDA REPORT
DATE:October 4, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022261 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing Execution of Amendment No. 1 to the Contractor Services Agreement between the City of Fairfield and Pinnacle Petroleum Inc. for the Provision and Delivery of Renewable Diesel and 87 Octane Gasoline at the City of Fairfield Corporation Yard
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On December 7, 2021, per Resolution No. 2021290, the City Council approved an agreement (Agreement) for the provision and delivery of fuel from Pinnacle Petroleum, Inc. (Pinnacle Petroleum) based on a competitive bid. Staff recommends council suspend competitive bidding and execute Amendment No. 1 (Amendment) to amend the pricing structure and extend the current contract for the purchase of renewable diesel and 87 octane unleaded gasoline with Pinnacle Petroleum until December 14, 2023.

DISCUSSION
On an annual basis, the Corporation Yard consumes approximately 250,000 gallons of renewable diesel and approximately 100,000 gallons of 87 octane gasoline to perform their various operations. Of the total consumption, approximately 72% is used by Fairfield and Suisun Transit (FAST), 14.5% by other nongeneral fund enterprise accounts, and 13.5% by the General Fund.

The City of Fairfield’s use of renewable diesel (which is made from waste and residues) reduces its greenhouse gas emissions by up to 80%. This reduction in tailpipe emissions contributes to improved local and regional air quality, that is mandated by the State. These reductions in emissions are part of the city’s overall plan to meet the California Air Resources Board (CARB) Innovative Clean Transit regulation. Renewable diesel is a CARB approved transitional fuel that FAST may use while emerging technologies are tested.

Due to the volatility of the fuel market, suppliers generally structure pricing at the oil price information service (OPIS) rack rate (wholesale) per gallon plus the supplier’s fee per gallon. The OPIS rack rate fluctuates daily and is based on the current cost for a barrel of oil. This pricing structure allows the Packet Page 48 of 224

On December 14, 2021, the City entered into an Agreement with Pinnacle Petroleum for the provision and delivery of fuel. Based on an average OPIS rack rate and the estimated annual consumption by the city, Pinnacle Petroleum was the lowest responsible bidder. Pinnacle Petroleum has supplied renewable diesel at the OPIS rack rate minus $0.0743 per gallon and 87 octane gasoline at the OPIS rack rate minus $0.2502 per gallon since January 2022.

The Agreement defines the scope of services as follows:

1. Provide and deliver renewable diesel meeting California Air Resources Board (CARB) minimum specifications.

2. Provide and deliver 87 octane gasoline meeting CARB minimum specifications.

Pinnacle Petroleum, Inc. has faced unprecedented circumstances resulting in increased costs and access issues due to COVID supply chain issues and the war in Ukraine. The City and Pinnacle Petroleum desire to amend the agreement to revise the price and to extend the term of the agreement in order to assure ongoing access to fuel at belowmarket rates. The new price structure would be at the OPIS rack rate minus $0.0512 per gallon for renewable diesel and OPIS rack rate minus $0.0541 per gallon for 87 octane gasoline.

The cost for the Amendment will increase the price for renewable diesel by $0.0231 per gallon and 87 octane gasoline by $0.1961 for an approximate annual increase of $25,385.

FINANCIAL IMPACT
The fuel provisions and delivery contract cost will be supported using specific state and federal transportation revenue sources, nongeneral fund enterprise accounts, and some general fund monies.

The total estimated cost of the price increase is $25,385.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to not approve the amended agreement; however, this is not recommended as the city would be left without a fuel contract, necessitating paying retail rates for fuel.

STAFF CONTACT
David Renschler, Fleet Division Manager
(707) 4287414
[email protected]
COORDINATED WITH
City Attorney's Office, Finance Department
ATTACHMENTS:

Description
Proposed Resolution
Proposed Amendment
REVIEWERS:

Reviewer Action Date
Packet Page 49 of 224

Agenda Item No: 9.AGENDA REPORTDATE:October 4, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022261 of the City Council of the City of Fairfield Suspending CompetitiveBidding and Authorizing Execution of Amendment No. 1 to the Contractor ServicesAgreement between the City of Fairfield and Pinnacle Petroleum Inc. for the Provisionand Delivery of Renewable Diesel and 87 Octane Gasoline at the City of FairfieldCorporation YardRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEOn December 7, 2021, per Resolution No. 2021290, the City Council approved an agreement(Agreement) for the provision and delivery of fuel from Pinnacle Petroleum, Inc. (Pinnacle Petroleum)based on a competitive bid. Staff recommends council suspend competitive bidding and executeAmendment No. 1 (Amendment) to amend the pricing structure and extend the current contract for thepurchase of renewable diesel and 87 octane unleaded gasoline with Pinnacle Petroleum untilDecember 14, 2023.DISCUSSIONOn an annual basis, the Corporation Yard consumes approximately 250,000 gallons of renewablediesel and approximately 100,000 gallons of 87 octane gasoline to perform their various operations. Ofthe total consumption, approximately 72% is used by Fairfield and Suisun Transit (FAST), 14.5% byother nongeneral fund enterprise accounts, and 13.5% by the General Fund. The City of Fairfield’s use of renewable diesel (which is made from waste and residues) reduces itsgreenhouse gas emissions by up to 80%. This reduction in tailpipe emissions contributes to improvedlocal and regional air quality, that is mandated by the State. These reductions in emissions are part ofthe city’s overall plan to meet the California Air Resources Board (CARB) Innovative Clean Transitregulation. Renewable diesel is a CARB approved transitional fuel that FAST may use while emergingtechnologies are tested. Due to the volatility of the fuel market, suppliers generally structure pricing at the oil price informationservice (OPIS) rack rate (wholesale) per gallon plus the supplier’s fee per gallon. The OPIS rack ratefluctuates daily and is based on the current cost for a barrel of oil. This pricing structure allows thewholesale cost to reflect changes in the fuel market while the supplier’s per gallon fee remains fixed. On December 14, 2021, the City entered into an Agreement with Pinnacle Petroleum for the provisionand delivery of fuel. Based on an average OPIS rack rate and the estimated annual consumption by thecity, Pinnacle Petroleum was the lowest responsible bidder. Pinnacle Petroleum has suppliedrenewable diesel at the OPIS rack rate minus $0.0743 per gallon and 87 octane gasoline at the OPISrack rate minus $0.2502 per gallon since January 2022. The Agreement defines the scope of services as follows:1. Provide and deliver renewable diesel meeting California Air Resources Board (CARB) minimumspecifications.2. Provide and deliver 87 octane gasoline meeting CARB minimum specifications.Pinnacle Petroleum, Inc. has faced unprecedented circumstances resulting in increased costs andaccess issues due to COVID supply chain issues and the war in Ukraine. The City and PinnaclePetroleum desire to amend the agreement to revise the price and to extend the term of the agreementin order to assure ongoing access to fuel at belowmarket rates. The new price structure would be at theOPIS rack rate minus $0.0512 per gallon for renewable diesel and OPIS rack rate minus $0.0541 pergallon for 87 octane gasoline. The cost for the Amendment will increase the price for renewable diesel by $0.0231 per gallon and 87octane gasoline by $0.1961 for an approximate annual increase of $25,385.FINANCIAL IMPACTThe fuel provisions and delivery contract cost will be supported using specific state and federaltransportation revenue sources, nongeneral fund enterprise accounts, and some general fund monies.The total estimated cost of the price increase is $25,385.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to not approve the amended agreement; however, this is not recommended asthe city would be left without a fuel contract, necessitating paying retail rates for fuel.STAFF CONTACTDavid Renschler, Fleet Division Manager (707) 4287414 [email protected] WITHCity Attorney's Office, Finance DepartmentATTACHMENTS:DescriptionProposed ResolutionProposed Amendment REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 9/22/2022 5:06 PM
Beavers, Esther Approved 9/22/2022 5:18 PM
Beavers, Esther Approved 9/22/2022 5:19 PM
Packet Page 50 of 224

CITY OF FAIRFIELD

RESOLUTION NO. 2022-261

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD SUSPENDING COMPETITIVE BIDDING AND AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND PINNACLE PETROLEUM, INC.

FOR THE PROVISION AND DELIVERY OF RENEWABLE DIESEL AND 87 OCTANE GASOLINE AT

THE CITY OF FAIRFIELD CORPORATION YARD

WHEREAS, on December 14, 2021, the City of Fairfield and Pinnacle Petroleum, Inc. (Pinnacle Petroleum) entered into an agreement for the provision and delivery of renewable diesel and 87 octane gasoline; and

WHEREAS, Pinnacle Petroleum has faced unprecedented circumstances resulting in increased costs and access issues due to COVID supply chain issues and the war in Ukraine; and

WHEREAS, the City and Pinnacle Petroleum desire to amend the agreement to revise the price and extend the term of the agreement in order to assure ongoing access to fuel at below-market rates.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The city manager is hereby authorized and directed to execute, on behalf of the City of Fairfield, the attached Amendment No. 1 to the contractor services agreement (Agreement) with Pinnacle Petroleum for the provision and delivery of renewable diesel and 87 octane gasoline in the amounts not-to-exceed the rates as follows:

 Renewable Diesel: OPIS rack rate minus $0.0512 per gallon  87 Octane Gasoline: OPIS rack rate minus $0.0541 per gallon

Section 2. The public works director is hereby authorized to do all things necessary and proper to implement the Agreement.

Packet Page 51 of 224Attachment 1 Page 1 of 2

RES. NO. 2022-261

Page 2 ends

PASSED AND ADOPTED this 4th day of October, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK
Packet Page 52 of 224Attachment 1 Page 2 of 2

Packet Page 53 of 224Attachment 2 Page 1 of 6

Packet Page 54 of 224Attachment 2 Page 2 of 6

Packet Page 55 of 224Attachment 2 Page 3 of 6

Packet Page 56 of 224Attachment 2 Page 4 of 6

Packet Page 57 of 224Attachment 2 Page 5 of 6

Packet Page 58 of 224Attachment 2 Page 6 of 6

Agenda Item No: 10.

AGENDA REPORT
DATE:October 4, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Heart of Fairfield Resolution 2022262 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement between the City of Fairfield and GHD Engineers for the West Texas Complete Streets Project Heart of Fairfield Resolution 2022263 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement between the City of Fairfield and Coastland Civil Engineering, Inc. for Project Management Services on the West Texas Utility Relocation and Complete Streets Projects Heart of Fairfield Resolution 2022264 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement between the City of Fairfield and GHD Engineers for the West Texas Utility Relocation Project
RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
The preliminary planning and conceptual design phases are complete for two key Heart of Fairfield infrastructure projects on West Texas Street. Additional professional engineering services are required to transition the West Texas Utility Relocation Project (Utility Project) and the West Texas Complete Streets Project (Complete Streets Project) into bid documents for construction. Approval of the three resolutions allow the consultant team of GHD, Inc. (GHD) and Coastland Civil Engineering, Inc. (Coastland) to provide the technical design services, ensuring the projects meet the state’s grant deadline for construction commencement in 2024.

DISCUSSION
Through the Heart of Fairfield Specific Plan, the community identified a new vision for West Texas Street, from Beck Avenue to Pennsylvania Avenue. A redesign of the roadway and commercial corridor is necessary to spur private investment in new and varied types of housing and businesses. It also would revitalize a transportation corridor connecting residents and businesses to downtown, a railway hub (i.e., SuisunFairfield Train Station), a regional bus and carpooling center (i.e., Fairfield Packet Page 59 of 224

West Texas Complete Streets Project
In 2018, the City contracted with the consultant team of GHD and Coastland to implement the Complete Streets Project. The term ‘complete streets’ refers to an approach to designing and constructing roadways that enable safe access for all users including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. A fundamental concept of ‘complete streets’ is updating the autocentric West Texas corridor, which was previously an old State Route, and converting it into a more walkable and bikeable environment.

For context, from 20122018, a total of 38 collisions were reported, including 18 bicycle collisions and 20 pedestrian collisions. Three of the pedestrian collisions resulted in fatalities. Of the 20 pedestrian collisions, 10 were related to pedestrians attempting to cross the street outside of a marked or unmarked crosswalk illustrating a lack of safe and convenient crossing options. Of the 18 collisions involving bicyclists, 11 occurred at intersections illustrating those intersections present challenges for bicyclists and motorists.

The current design for West Texas Street includes reducing the number of vehicle lanes from four to two, installation of protected (Class IV) and buffered (Class II) bike lanes, new enhanced crosswalks, raised medians, and traffic signal improvements. The plan also includes landscape enhancements, widened sidewalks, and accessible curb ramp upgrades. To meet the current and future technology and communication needs of the city, staff recommends the installation of a new fiber optic trunk main within West Texas. The installation of a fiber communication system in West Texas will provide more reliable and less expensive data connections between key community facilities. Additionally, this fiber optic infrastructure allows the City to explore opportunities to pilot a publicprivate partnership in support of the various broadband initiatives. Amongst several benefits, from a Public Works perspective, the broadband allows the City to develop an adaptive transportation technology system that will improve urban transportation management and enhance environmental sustainability along this corridor.

In 2021, the City was successful in obtaining $10.9 million in state grant funding through the Active Transportation Program (ATP). The ATP grant allows the city to fund the Complete Streets Project in its ultimate configuration for the entire 0.9 mile stretch of West Texas Street. With construction funding secured and the preliminary approval and environmental document phase complete, the design work is ready to proceed to construction contract documents for bidding.

Staff requested a proposal from GHD to prepare the final plans and specifications for the Complete Streets Project. GHD was involved in the concept planning and prepared the ATP grant application.

This familiarity with the design allows GHD to effectively deliver the Complete Streets Project in a timely manner. Staff negotiated the scope of work and fee for a nottoexceed amount of $1,550,118. GHD’s scope of work includes final plans, specifications, and engineer’s estimate, bid phase services, and design assistance during construction. GHD anticipates a 10month design schedule with a projected start of construction slated for spring 2024. Staff requests a 10% management reserve to account for unforeseen underground utility conflicts and additional coordination with regulatory agencies to secure construction permitting and grant authorization.

Staff recommends contracting with Coastland to augment GHD and provide project management services. Like GHD, Coastland has been intimately involved in the daytoday administration of the Complete Streets Project and Utility Project since its inception. Coastland’s knowledge of the local and state government processes makes them well situated to coordinate the temporary easement and right ofway acquisitions. Coastland, and their subconsultants, will also be a key component of the public outreach for the two projects. Staff negotiated the scope of work and fee for a not to exceed amount of $323,269.

Packet Page 60 of 224

West Texas Utility Relocation Project
In reviewing the location and age of the existing underground infrastructure beneath West Texas Street, staff and Coastland determined that two utility projects would need to proceed in advance of the Complete Streets Project. Based on their familiarity with West Texas Street, the City contracted with GHD to design a new relief sewer and a new, relocated, water main in West Texas Street. In July 2021, council authorized a separate professional services agreement with GHD to prepare plans and construction documents for the Utility Project.

Preliminary planning and discussions with the FairfieldSuisun Sewer District (District) concluded that additional survey and potholing is required to determine the extent of the new relief sewer in Pennsylvania Avenue. The new relief sewer in West Texas Street must cross an existing storm drain box culvert to connect to a District trunk sewer. Amendment No. 2 allows GHD to complete the additional field reconnaissance work and proceed to final design drawings for the Utility Project.

Staff has negotiated with GHD for the required design services. The scope of services is for the additional potholing and preparation of a technical memo to facilitate discussions with the District.

Once there is consensus on an alignment and proposed sewer system routing, GHD will proceed to final plans, specifications, and engineer’s estimates. GHD Amendment No. 2 covers the additional engineering and design services estimated at $107,746 and would bring the total contract amount to $809,960. The attached resolution would approve the contract amendment with GHD for this additional work and authorize the city manager to execute said contract. Staff request a 10% management reserve to allow the team to expand the survey or potholing effort based on changing field conditions.

FINANCIAL IMPACT
Total authorization for the GHD design services agreement for the Complete Streets Project will be $1,705,130 ($1,550,118 + 10% management reserve). Funds are budgeted in the Capital Improvement Program for Streets (Fund 252, Project 10138).

Total authorization for the Coastland professional services agreement for the Complete Streets Project and Utility Project will be $323,269. The design costs will be split between the 33.33% Capital Water Fund (Fund 462, Project 10404), 33.33% Capital Sewer Fund (Fund 255, Project 10392), and 33.33% Capital Streets Fund (Fund 252, Project 10138).

Approval of Amendment No. 2 will increase the contract amount with GHD by $107,746. The total authorization for this design services contract will be for a new, nottoexceed, contract amount of $890,956 ($565,870 base contract + $136,344 amendment 1 + $107,746 amendment 2 + $80,996 management reserve). The design costs will be split 50% between the Capital Water Fund (Fund 462, Project 10404) and 50% Capital Sewer Fund (Fund 255, Project 10392).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A public virtual open house was held on December 1, 2021, to discuss the proposed improvements envisioned on West Texas Street. There was a total of 12 community members that attended the meeting.

ALTERNATIVE ACTION
If the council has any questions, the recommended action may be delayed so that staff can provide the necessary background information.

STAFF CONTACT
Ryan Panganiban, Assistant Public Works Director/City Engineer Packet Page 61 of 224

Agenda Item No: 10.AGENDA REPORTDATE:October 4, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Heart of Fairfield Resolution 2022262 of the City Council of the City of FairfieldAuthorizing the City Manager to Execute a Professional Services Agreement betweenthe City of Fairfield and GHD Engineers for the West Texas Complete Streets ProjectHeart of Fairfield Resolution 2022263 of the City Council of the City of FairfieldAuthorizing the City Manager to Execute a Professional Services Agreement betweenthe City of Fairfield and Coastland Civil Engineering, Inc. for Project ManagementServices on the West Texas Utility Relocation and Complete Streets ProjectsHeart of Fairfield Resolution 2022264 of the City Council of the City of FairfieldAuthorizing the City Manager to Execute Amendment No. 2 to the ProfessionalServices Agreement between the City of Fairfield and GHD Engineers for the WestTexas Utility Relocation ProjectRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThe preliminary planning and conceptual design phases are complete for two key Heart of Fairfieldinfrastructure projects on West Texas Street. Additional professional engineering services are requiredto transition the West Texas Utility Relocation Project (Utility Project) and the West Texas CompleteStreets Project (Complete Streets Project) into bid documents for construction. Approval of the threeresolutions allow the consultant team of GHD, Inc. (GHD) and Coastland Civil Engineering, Inc.(Coastland) to provide the technical design services, ensuring the projects meet the state’s grantdeadline for construction commencement in 2024.DISCUSSIONThrough the Heart of Fairfield Specific Plan, the community identified a new vision for West TexasStreet, from Beck Avenue to Pennsylvania Avenue. A redesign of the roadway and commercial corridoris necessary to spur private investment in new and varied types of housing and businesses. It alsowould revitalize a transportation corridor connecting residents and businesses to downtown, a railwayhub (i.e., SuisunFairfield Train Station), a regional bus and carpooling center (i.e., FairfieldTransportation Center), employment centers, community destinations, a library, and schools. West Texas Complete Streets ProjectIn 2018, the City contracted with the consultant team of GHD and Coastland to implement the CompleteStreets Project. The term ‘complete streets’ refers to an approach to designing and constructingroadways that enable safe access for all users including pedestrians, bicyclists, motorists, and transitriders of all ages and abilities. A fundamental concept of ‘complete streets’ is updating the autocentricWest Texas corridor, which was previously an old State Route, and converting it into a more walkableand bikeable environment. For context, from 20122018, a total of 38 collisions were reported, including 18 bicycle collisions and20 pedestrian collisions. Three of the pedestrian collisions resulted in fatalities. Of the 20 pedestriancollisions, 10 were related to pedestrians attempting to cross the street outside of a marked orunmarked crosswalk illustrating a lack of safe and convenient crossing options. Of the 18 collisionsinvolving bicyclists, 11 occurred at intersections illustrating those intersections present challenges forbicyclists and motorists. The current design for West Texas Street includes reducing the number of vehicle lanes from four to two,installation of protected (Class IV) and buffered (Class II) bike lanes, new enhanced crosswalks, raisedmedians, and traffic signal improvements. The plan also includes landscape enhancements, widenedsidewalks, and accessible curb ramp upgrades. To meet the current and future technology andcommunication needs of the city, staff recommends the installation of a new fiber optic trunk main withinWest Texas. The installation of a fiber communication system in West Texas will provide more reliableand less expensive data connections between key community facilities. Additionally, this fiber opticinfrastructure allows the City to explore opportunities to pilot a publicprivate partnership in support ofthe various broadband initiatives. Amongst several benefits, from a Public Works perspective, thebroadband allows the City to develop an adaptive transportation technology system that will improveurban transportation management and enhance environmental sustainability along this corridor. In 2021, the City was successful in obtaining $10.9 million in state grant funding through the ActiveTransportation Program (ATP). The ATP grant allows the city to fund the Complete Streets Project in itsultimate configuration for the entire 0.9 mile stretch of West Texas Street. With construction fundingsecured and the preliminary approval and environmental document phase complete, the design work isready to proceed to construction contract documents for bidding. Staff requested a proposal from GHD to prepare the final plans and specifications for the CompleteStreets Project. GHD was involved in the concept planning and prepared the ATP grant application.This familiarity with the design allows GHD to effectively deliver the Complete Streets Project in a timelymanner. Staff negotiated the scope of work and fee for a nottoexceed amount of $1,550,118. GHD’sscope of work includes final plans, specifications, and engineer’s estimate, bid phase services, anddesign assistance during construction. GHD anticipates a 10month design schedule with a projectedstart of construction slated for spring 2024. Staff requests a 10% management reserve to account forunforeseen underground utility conflicts and additional coordination with regulatory agencies to secureconstruction permitting and grant authorization. Staff recommends contracting with Coastland to augment GHD and provide project managementservices. Like GHD, Coastland has been intimately involved in the daytoday administration of theComplete Streets Project and Utility Project since its inception. Coastland’s knowledge of the local andstate government processes makes them well situated to coordinate the temporary easement and rightofway acquisitions. Coastland, and their subconsultants, will also be a key component of the publicoutreach for the two projects. Staff negotiated the scope of work and fee for a not to exceed amount of$323,269. West Texas Utility Relocation ProjectIn reviewing the location and age of the existing underground infrastructure beneath West Texas Street,staff and Coastland determined that two utility projects would need to proceed in advance of theComplete Streets Project. Based on their familiarity with West Texas Street, the City contracted withGHD to design a new relief sewer and a new, relocated, water main in West Texas Street. In July 2021,council authorized a separate professional services agreement with GHD to prepare plans andconstruction documents for the Utility Project.Preliminary planning and discussions with the FairfieldSuisun Sewer District (District) concluded thatadditional survey and potholing is required to determine the extent of the new relief sewer inPennsylvania Avenue. The new relief sewer in West Texas Street must cross an existing storm drain boxculvert to connect to a District trunk sewer. Amendment No. 2 allows GHD to complete the additionalfield reconnaissance work and proceed to final design drawings for the Utility Project. Staff has negotiated with GHD for the required design services. The scope of services is for theadditional potholing and preparation of a technical memo to facilitate discussions with the District.Once there is consensus on an alignment and proposed sewer system routing, GHD will proceed tofinal plans, specifications, and engineer’s estimates. GHD Amendment No. 2 covers the additionalengineering and design services estimated at $107,746 and would bring the total contract amount to$809,960. The attached resolution would approve the contract amendment with GHD for this additionalwork and authorize the city manager to execute said contract. Staff request a 10% managementreserve to allow the team to expand the survey or potholing effort based on changing field conditions.FINANCIAL IMPACTTotal authorization for the GHD design services agreement for the Complete Streets Project will be$1,705,130 ($1,550,118 + 10% management reserve). Funds are budgeted in the Capital ImprovementProgram for Streets (Fund 252, Project 10138). Total authorization for the Coastland professional services agreement for the Complete Streets Projectand Utility Project will be $323,269. The design costs will be split between the 33.33% Capital WaterFund (Fund 462, Project 10404), 33.33% Capital Sewer Fund (Fund 255, Project 10392), and 33.33%Capital Streets Fund (Fund 252, Project 10138).Approval of Amendment No. 2 will increase the contract amount with GHD by $107,746. The totalauthorization for this design services contract will be for a new, nottoexceed, contract amount of$890,956 ($565,870 base contract + $136,344 amendment 1 + $107,746 amendment 2 + $80,996management reserve). The design costs will be split 50% between the Capital Water Fund (Fund 462,Project 10404) and 50% Capital Sewer Fund (Fund 255, Project 10392).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONA public virtual open house was held on December 1, 2021, to discuss the proposed improvementsenvisioned on West Texas Street. There was a total of 12 community members that attended themeeting.ALTERNATIVE ACTIONIf the council has any questions, the recommended action may be delayed so that staff can provide thenecessary background information.

STAFF CONTACT
Ryan Panganiban, Assistant Public Works Director/City Engineer [email protected]
(707) 4287017
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution GHD Agreement
Attachment 2: Proposed Agreement GHD
Attachment 3: Proposed Resolution Coastland Agreement Attachment 4: Proposed Agreement Coastland
Attachment 5: Proposed Resolution GHD Amendment No. 2 Attachment 6: Proposed Amendment No. 2
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 9/22/2022 5:00 PM
Beavers, Esther Approved 9/22/2022 5:12 PM
Beavers, Esther Approved 9/22/2022 5:13 PM
Packet Page 62 of 224

CITY OF FAIRFIELD
RESOLUTION NO. 2022-262

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF

FAIRFIELD AND GHD ENGINEERS FOR THE WEST TEXAS COMPLETE STREETS PROJECT

WHEREAS, the Heart of Fairfield Specific Plan identified complete street improvements to West Texas Street between Beck Avenue and Pennsylvania Avenue to calm traffic, encourage increased bicycle and pedestrian use, and improve overall safety; and

WHEREAS, the City has been awarded a $10.9 million federal Active Transportation (ATP) grant to fund the West Texas Complete Streets infrastructure identified in the Heart of Fairfield Specific Plan; and

WHEREAS, GHD Engineers has completed the preliminary design and concept planning for the West Texas Complete Streets Project (Project); and

WHEREAS, GHD Engineers is qualified to perform the design and prepare the construction documents for the Project; and

WHEREAS, City staff is requesting professional engineering and design services from GHD.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield a professional services agreement between the City of Fairfield and GHD Engineers for the Project for an amount not-to-exceed one million five hundred and fifty thousand, one hundred eighteen dollars ($1,550,118).

Section 2. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed one hundred fifty-five thousand and twelve dollars ($155,012).

Section 3. The city manager is hereby authorized to do all things necessary to implement the above-mentioned contract.

Packet Page 63 of 224Attachment 1 Page 1 of 2

RES NO. 2022-262

Page 2 ends

PASSED AND ADOPTED this 4th day of October, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO_

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 64 of 224Attachment 1 Page 2 of 2

revised 1/22/2021

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and GHD, Inc. ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
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.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.

CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 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) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
7) TERM. This agreement shall be in effect through December 31, 2025; or until the scope of work is completed.
8) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 9) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 10) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 11) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:

Packet Page 65 of 224Attachment 2 Page 1 of 18

revised 1/22/2021
CITY Contact: David Vong
E-mail:[email protected]
Address: 1000 Webster Street, 3rd Floor, Fairfield, CA 94533 Telephone: 707-428-7784
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Matt Wargula, GHD Associate
E-mail: [email protected]
Address: 2235 Mercury Way, Suite 150, Santa Rosa, CA 95405 Telephone: 707-540-9689
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By:

David Gassaway, Interim City Manager

CONSULTANT
By:

Name/Title: William Silva, Vice President
Packet Page 66 of 224Attachment 2 Page 2 of 18

The Power of Commitment
11198599 | W. Texas Complete Streets ATP Project – Scope of Work for PS&E 1 2235 Mercury Way, Suite 150
Santa Rosa, CA 95405
USA
www.ghd.com
Our ref: 11178760
1 June 2022
Mr. George Hicks, Project Manager
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
W. Texas Complete Streets ATP and Fiber Optic Trunk-Line Communication System – Scope of Work for PS&E
Dear George,
The development of the W. Texas Complete Streets ATP Project (Project) is at a key juncture and GHD is pleased to provide this proposal for professional engineering design and services to advance the Project through to construction. The following is the proposed Amendment for the Project, as discussed with the City.

The purpose of this Amendment is to provide the necessary framework to move beyond the Preliminary Approval and Environmental Document (PA&ED) phase and transition into final design of the project.

In addition, the City would like to implement a fiber optic trunk-line communication system as part of the ATP project along West Texas Street. The trunk-line would be installed along West Texas Street from Beck Avenue to Pennsylvania Avenue. The Fiber Optic conduit will be trenched along the South side of West Texas Street at the lip of gutter. The design plans will be developed with separate sheets showing the details of the fiber optics system so that it can readily be bid as an additive item and the separate sheets will be useful as a concise reference for the fiber optics system.

This Amendment replaces the previously approved Scope of Work from the original contract and will permit GHD to proceed into the Final Design (PS&E) and Right-of-way Phase. This proposal also includes bid phase support and engineering support during construction for the project.

GHD will be supported by the following subconsultants: WRT for landscape design, Cinquini & Passarino for supplemental survey and R/W engineering, Kathy Woods & Associates for R/W acquisition and Subtronic for potholing.

Scope of Work - ATP Project
Task 1 – Administration and Project Management
This task includes project administration, coordination, kick-off and review meetings and quality control as stated in the following sub-sections:

Task 1.1 Schedule and Budget Tracking
Task 1.2 Monthly Progress Reporting/Invoicing
Task 1.3 Project Meetings
Attend kick-off meeting to discuss overall project and goals. Attend bi-weekly remote recurring meetings (MS Teams) for a duration of ten (10) months.

EXHIBIT "A"
Packet Page 67 of 224Attachment 2 Page 3 of 18

The Power of Commitment
11178760 | W. Texas Complete Streets ATP and Fiber Optic Trunk-Line Communication System – Scope of Work for PS&E 2 Deliverables: Updated schedule, preparation of meeting agendas, notes, progress reports/invoices.

Task 1.4 Quality Assurance/Quality Control (QA/QC)
Prior to being submitted to the City for review, all deliverables will be reviewed by senior staff for Quality Assurance/Quality Control.

Task 2 – Environmental Documentation (In Progress)
Task 3 – Preliminary Design (In Progress)
Task 4 – Right-of-Way Engineering and Acquisition
Task 4.1 Right of way Engineering
Prepare Legal Descriptions and Plats for up to 54 Temporary Construction Easements (TCE’s) Deliverables: One draft and one final copy of the legal description and plat and closure calculations for the temporary construction easements.

Task 4.2 Right of Way Coordination/General Consultation Coordination and general consulting services will consist of the following:
 Project meetings with staff as necessary (telephone conference may be appropriate)  On-going consultation related to right of way issues and process.  Coordination with appraisal sub-contractor
Task 4.3 Appraisal Services
The Scope of Work assumes approximately 40 valuation reports for approximately 54 Temporary Construction Easements (TCE’s). The Appraisal Reports can be prepared in a “restricted format” subject to the following assumptions and conditions:
 The easements are standard non-complex low-value acquisitions  No damages are involved (severance) such as impact on buildings, loss of access to business operations, permanent loss of parking etc.
“Restricted Format” appraisals are narrative reports in a simplified format that focus more narrowly on the requirements of the project, comparable sales data and analysis. There is less focus on general trends, and wider market analysis found in the full narrative report format. “Restricted Format” appraisal reports are commonly used on larger projects impacting multiple parcels with non-complex easement acquisitions and prove to be more cost-effective for the public agency.
 Appraisal services shall consist of the following:
 Appraisal inspections at the subject properties with the property owner Preparation of a single “Restricted Format” Appraisal Report for each ownership per the Uniform Standards of Professional Appraisal Practice (USPAP) and in accordance with appropriate State Guidelines.

Task 4.4 Property Acquisition/Negotiations
Provide the following acquisition services:
 Accompany Appraiser on inspection dates and meet with owners where possible  Create parcel files and maintain written diaries for each property  Review preliminary title reports and assist with identification of property encumbrances  Draft offer letters and all other required documentation for City’s review and approval to present to owners including Offer Letter, Summary Statement, Appraisal Summary Statement, Right of Way Contract/TCE Agreement with exhibits, Conveyance Documents, (if the City determines to record the TCE’s) and Acquisition Brochure
 Person to person negotiations and contacts with property owners Packet Page 68 of 224Attachment 2 Page 4 of 18

The Power of Commitment
11178760 | W. Texas Complete Streets ATP and Fiber Optic Trunk-Line Communication System – Scope of Work for PS&E 3  Explanation to owners of their rights to claim up to $5,000 as reimbursement of independent appraisal expenses under California Civil Code of Procedure Section 1263.025  Coordination of title and/or escrow services (if required)  Submittal of signed contracts for City approval
 File close-out and/or escrow close (if required)
Tasks 4.2 through 4.4 assume simple, non-complex acquisitions (no eminent domain) and no impacts to private property improvements other than driveway access.

Task 5 – Prepare Construction Documents
Task 5.1 Design Survey (In Progress)
Task 5.2 Potholing
Perform vacuum excavation of up to12 potholes at proposed storm drain structures and up to 2 potholes that are 1' X 1' to a 10' depth to clear for future signal poles. The utility will be exposed using vacuum excavation.

The point of excavation be marked by others. Measurements will be taken to the top of the utility. Excavated material will be removed from site, the pothole will be backfilled with CDF slurry to the surface in asphalt.

Potholes in concrete will be saw cut and replaced with a 1' X 1' PCC patch.

Task 5.3 Utility Coordination
Utility Verification
We will review and utilize the utility data and base mapping obtained for the Water & Sewer Projects. If needed to address any gaps in utility information, additional notifications will be sent and mapping updated as needed.

Preliminary Utility Relocation Plan Coordination
This task addresses coordination of the preliminary utility company relocation plans with the plans for the project. The affected utility company will complete their relocation plans with input from GHD. Utility relocations are assumed to be completed prior to construction of the project by the utility purveyors' own forces. This task excludes preparation of relocation plans for City owned facilities. If it is necessary to perform some of the utility relocations simultaneously with the project construction, coordination of the phasing of utility relocations will be addressed in the Special Provisions and on the Stage Construction Plans.

Task 5.4 - 65% Plans, Specifications and Estimates (PS&E) After addressing City comments during review, we will utilize the 35% plans prepared in the PA & ED phase as a base to prepare/update the following plan sheets:
 Title Sheet (1 Sheet)
 Legend & Notes (2 Sheets)
 Survey Control (1 Sheet)
 Typical Sections (4 Sheets)
 Construction Details (2 Sheets)
 Ramp Details at 10-scale (2 Sheets)
 Demolition at 20-scale (4 Sheets)
 Utilities at 20-scale (4 Sheets)
 Drainage Details (2 Sheets)
 Roadway Plan & Profile (Including Stormwater Treatment) at 20-Scale (11 Sheets)  Signing & Striping 40-scale (3 Sheets)
 Traffic Signals at 20-scale (6 Sheets)
 Rectangular Rapid Flashing Beacon (1 Sheet)
Packet Page 69 of 224Attachment 2 Page 5 of 18

The Power of Commitment
11178760 | W. Texas Complete Streets ATP and Fiber Optic Trunk-Line Communication System – Scope of Work for PS&E 4  Signal Interconnect at 40-scale (3 Sheets)
 Lighting at 20-scale (6 Sheets)
 Lighting Details (1 Sheet)
 Planting Plans at 20-scale (4 Sheets)
 Planting Legend and Notes (1 Sheet)
 Planting Details (2 Sheets)
 Hardscape Details (1 Sheet)
 Irrigation Plans at 20-scale (4 Sheets)
 Irrigation Legend and Notes (1 Sheet)
 Irrigation Details (4 Sheets)
 Landscape Materials and Furnishings Plans and Details (4 Sheets)  Erosion Control at 40-scale (3 Sheets)
 Traffic Staging at 40-scale (6 Sheets)
 Roadway Cross Sections at 40-scale (8 Sheets)
Deliverables: 65% Plans (91 Sheets) in PDF & Hardcopy Format Opinion of Probable Construction Cost Estimate (65%)
A quantity take-off from the plans shall be performed for all items of work with initial design assumptions broken down and separated per plan sheet. The quantities derived from this take-off shall be placed in an Excel spreadsheet with notes showing assumptions. GHD shall submit a spreadsheet in electronic format.

Deliverables: Opinion of Probable Construction Cost in Excel and PDF formats Specifications (65%)
Prepare technical specifications in City of Fairfield format that will be included in the bid package; the City shall provide their current Standard front end documents.

Deliverables: Technical specifications in MS Word and PDF formats Response to Comments (35%)
Prepare response to comments log with responses for all City review comments received from the 35% plans and opinion of probable construction cost.

Deliverables: Log of comments and response in PDF format Task 5.5 - 95% PS&E
Addressing City comments from the 65% submittal, prepare 95% plans and detail sheets; 95% cost estimate and technical specifications.

Task 5.6 - Final PS&E
Addressing City comments from the 95% submittal, prepare final plans and detail sheets; final cost estimate and technical specifications.

Task 6 – Bid Phase Services
Task 6.1 - Pre-Bid Meeting
Attend the pre-bid meeting (virtual) and support the City in answering questions from bidders

Packet Page 70 of 224Attachment 2 Page 6 of 18

The Power of Commitment
11178760 | W. Texas Complete Streets ATP and Fiber Optic Trunk-Line Communication System – Scope of Work for PS&E 5 Task 6.2 - Respond to Requests for Information (RFI)
Provide support to the City in response to formal RFI from potential bidders - up to three (3) separate responses

Task 6.3 - Prepare Addenda
Provide support to the City to provide up to one (1) addendum package needed as a result of RFI’s.

Task 7 – Engineering Support during Construction
Task 7.1 – Construction Support
Under this Task, engineering support will be provided on an as requested basis to respond to the requests of the Resident Engineer (RE). These requests include requests for information (up to 10 each), interpretation of plans and specifications, up to 5 plan changes and revisions, and other construction related requests.

Task 7.2 – Submittal Review
GHD will review and respond to submittals. Up to thirty (30) submittals are included in this scope of work.

Task 7.3 - As-builts
GHD will prepare record drawings based on the RE’s as-built mark-ups for City records. The record drawings will be provided in .PDF and in AutoCAD 2017 (.dwg) format to the City for filing.

Assumptions
 Pavement Design based on Pavement Investigation prepared by GHD dated April 11, 2019  No Hydrology to be performed
 Hazardous materials/investigation not included
 Design of Gateway Element not included
 Title Reports Provided by the City
 TCE acquisitions assumed to be non-complex and not require eminent domain  35% plan Comments to be incorporated into 65% plans
 Detailed Traffic Handling/Traffic Control Plans to be prepared by Contractor Scope of Work - Fiber Optic Project
The scope is based on the installation one 4” schedule 80 HDPE conduit with inner-duct allowing the installation of a 144 strand single mode fiber optic cable (SMFO), as well as a 288 SMFO (dark) extending eastbound along West Texas Street from Beck Avenue to Pennsylvania Avenue. All connections to traffic signal cabinets will be made by pig-tail connections comprised of 12 SMFO fiber strands. See below:

Packet Page 71 of 224Attachment 2 Page 7 of 18

The Power of Commitment
11178760 | W. Texas Complete Streets ATP and Fiber Optic Trunk-Line Communication System – Scope of Work for PS&E 6 The 4” communication conduits will be constructed observing minimum bending radii in conduit installation to protect the fiber strands. Based on City preference, and in order to minimize construction costs, fiber conduits are planned to be installed via open trench; otherwise horizontal directional drilling (HDD) of the conduits will be used.

The 4” conduit will be comprised of high density polyethylene (HDPE) material. Further details regarding GHD’s scope are discussed below:

Task 1 – Project Management and Coordination
This task includes additional support for the fiber optics work in relation to project administration, coordination, kick-off and review meetings, and quality control.

Task 5.2 – Potholing
The location of fiber optics conduits can be field adjusted to some degree to avoid conflicts with other utilities. Therefore, the contractor will be required to locate and avoid most utilities during construction.

However, the larger splice vaults are not so easily relocated in the field and therefore additional potholing is planned at strategic locations throughout the project area where utility conflicts could cause greater field relocation challenges. This task includes additional coordination with potholing subcontractor and additional field work to provide vacuum excavation utility location (potholing) services at select locations for the fiber optics line extents. Target utilities will be exposed using vacuum excavation. The utilities to be investigated will be identified on a site plan. Up to 10 additional pothole locations may be needed.

Task 5.7 – Basis of Design Technical Memorandum
This task includes additional work to incorporate fiber optics preliminary findings and anticipated approach to the final design of the project into the Basis of Design Technical Memorandum. Fiber optics incorporation to the project will be evaluated under this task to denote construction related issues such as sequencing, traffic control, and operating hours.

Task 5.4, 5.5, 5.6 – Prepare Construction Documents
GHD will prepare bid ready construction design drawings and technical specifications necessary to issue the project for bidding and construction. GHD will prepare the fiber optic communication system design plans in coordination with the ATP project.

Task 6– Bid Period Services
GHD will provide additional bid period services for the fiber optic communication system components, including preparing addenda as necessary, and reviewing bids and providing input on the award recommendation memorandum.

Task 7 – Engineering Support during Construction
GHD will provide additional engineering support to cover the additional construction effort of the fiber optic system.

Assumptions
 Scope is limited to the conduits, pull boxes, splice vaults, wiring/cabling of the fiber optic communication system.
 Scope does not include the selection nor design of field installed ITS elements (signals, CCTV etc.) or other elements, or connectivity/integration with any city offices to include the Fairfield Transportation Center, the Civic Center, the Corporation Yard, nor the Allan Witt Park.

Packet Page 72 of 224Attachment 2 Page 8 of 18

The Power of Commitment
11178760 | W. Texas Complete Streets ATP and Fiber Optic Trunk-Line Communication System – Scope of Work for PS&E 7 Project Schedule
The project schedule will include bi-weekly progress meetings and updates to schedule from project kick-off meeting moving forward and assumes a 10-month design schedule.

Fee Estimate
The estimated fee for professional services is $1,350,505 for the ATP Project and $199,613 for the Fiber Project for a Total of $1,550,118. See attached fee breakdown of the estimated fee.

Closing
It is assumed that upon agreement of the scope of work and fee for these professional services, the City and GHD will enter into a new agreement for these services.

If you have any questions or comments regarding this proposal, please feel free to call me at (707) 540-9689.

Sincerely,
GHD Inc.

Matt Wargula, P.E., T.E.

Project Manager | A GHD Associate
(707) 540-9689

Attachment:

Fee Estimate Spreadsheet

Packet Page 73 of 224Attachment 2 Page 9 of 18

Project Name: West Texas Street Complete Streets - ATP
Prepared by:C. Bretall
Reviewed by:M. Wargula
Job Number:11178760
LABOR CATEGORY >
RATE > $265 $220 $220 $170 $140 $90 $140 WRT C & P
Kathy
Wood &
Assoicates
Subtronic
Task / Item /Hr /Hr /Hr /Hr /Hr /Hr /Hr

1.1 - Schedule and Budget Control 20 40 60 $390 $14,490

1.2 - Monthly Progress Reporting/Invoicing 24 40 64 $416 $2,686 $13,982

1.3 - Project Meetings 10 120 80 40 250 $1,625 $4,444 $58,319

1.4 - Quality Assurance/Quality Control 16 40 20 40 116 $754 $24,994 46 224 100 40 40 0 40 490 $3,185 $7,130 $0 $0 $0 $111,785 8 16 16 16 56 $364 $155,227 $163,751
16 8 8 32 $208 $8,913 $15,121
16 8 8 32 $208 $115,000 $121,208
16 8 8 32 $208 $100,050 $106,258
0 56 0 40 40 16 0 152 $988 $0 $155,227 $223,963 $0 $406,338 0 $0 $0
2 4 4 10 $65 $41,238 $42,983
10 20 20 50 $325 $8,725
284 173 338 653 276 16 1740 $11,310 $47,056 $334,888
237 142 268 519 221 8 1394 $9,058 $31,597 $263,012
71 39 79 142 63 8 403 $2,616 $25,171 $92,192
SUBTOTAL TASK 5 0 604 354 709 1338 560 32 3596 $23,374 $103,824 $0 $0 $41,238 $741,800 4 2 2 8 $52 $1,712
8 8 12 8 4 40 $260 $7,500

6.3 - Prepare Addenda (1 max) 8 8 12 8 4 40 $260 $7,500 SUBTOTAL TASK 6 0 20 18 26 16 0 8 88 $572 $0 $0 $0 $0 $16,712 24 16 16 12 24 92 $598 $27,538 $44,696
32 24 40 96 $624 $19,744
8 4 16 16 16 60 $390 $9,430
0 64 44 72 28 16 24 248 $1,612 $27,538 $0 $0 $0 $73,870 PROJECT TOTALS 46 968 516 887 1,462 592 104 4,574 $29,731 $138,492 $155,227 $223,963 $41,238 $1,350,505 *OTHER DIRECT COSTS include telephone, mileage, printing, photocopies and other miscellaneous direct expenses.

Task 1 - Administration and Project Management
Task 2 - Environmental Documentation (In-progress)
SUBTOTAL TASK 7

5.2 - Potholing
Task 4 - Right-of-way Engineering and Acquisition

PROJECT FEE ESTIMATING SHEET

GHD LABOR HOURS
SUBTOTAL TASK 1
Project
Coordinator *OTHER
DIRECT
COSTS
Project/Design
ManagerPIC Project
Engineer

TOTAL GHD
HOURS
Staff
Engineer

TOTAL FEE

SUBCONSULTANT LABOR DOLLARS

5.3 - Utility Coordination

7.1 - Construction Support (10 RFI's max)

7.3 - Prepare As-builts
Task 7 - Engineering Supoort During Construction
Task 6 - Bid Phase Services

5.4 - 65% Plans, Specifications & Estimates (PS&E)

5.5 - 95% PS&E

5.6 - Final PS&E

6.1 - Attend Pre-Bid Meeting

6.2 - Repsond to RFI's (3 max)

7.2 - Submittal Review (30 max)

4.3 - Appraisal Services

4.4 - Property Acquisition/Negotiation
Task 5 - Prepare Construction Documents
SUBTOTAL TASK 4

5.1 - Design Survey (In Progress)

4.1 - R/W Engineering (54 Legals & Plats)

4.2 - R/W Coordination
City of Fairfield
June 1, 2022
Task 3 - Preliminary Design (In-progress)
TechnicianSr. Traffic
Engineer
6/1/2022 Page 1
Packet Page 74 of 224Attachment 2 Page 10 of 18

Project Name:West Texas Complete Streets - Fiber Optic
Prepared by:Fedrico Hormozi
Reviewed by:Matt Wargula
Job Number:

LABOR CATEGORY >
Proj. Dir. /
QA/QC
Project
Manager
ITS
Manager
ITS Project
Engineer Constr.

CAD /
Graphics
TOTAL
HOURS
Direct
Labor Cost
*General
Associated
Project Cost
(APC)
Sub-
Consul-
tants

TOTAL FEE
Engineer
RATE >$255 $195 $260 $175 $155 $135
Task / Item /Hr /Hr /Hr /Hr /Hr 135

1.1 - Internal Coordination and Administration 4 16 6 26 $5,990 $169 $6,159

1.2 - Project Meetings 4 16 6 26 $5,990 $169 $6,159

1.3 - Constructability Review and QA/QC 20 16 36 $7,260 $234 $7,494 20 8 32 12 0 16 88 $19,240 $572 $0 $19,812

5.2- Potholing 4 12 16 $2,320 $104 $26,000 $28,424
0 0 0 4 0 12 16 $2,320 $104 $26,000 $28,424

5.7 - Basis of Design Technical Memorandum 2 20 44 8 8 82 $15,610 $533 $16,143 SUBTOTAL TASK 5.7 0 2 20 44 8 8 82 $15,610 $533 $0 $16,143 2 14 120 86 222 36,640$ $1,443 $38,083
2 24 120 28 174 31,410$ $1,131 $32,541
2 10 100 12 124 22,110$ $806 $22,916
SUBTOTAL TASKS 5.4-5.6 0 6 48 340 0 126 520 $90,160 $3,380 $0 $93,540

6.1 Attend Pre-bid Meeting 8 8 16 $2,960 $104 $3,064

6.2 Respond to RFI's (3 max)4 10 4 8 26 $5,160 $169 $5,329

6.3 Prepare Addenda (1 max)4 10 4 8 26 $5,160 $169 $5,329 SUBTOTAL TASK 6 0 16 20 16 0 16 68 $13,280 $442 $0 $13,722

7.1 - Construction Support (5 RFI's max)4 14 28 46 $9,320 $299 $9,619

7.2 - Submittal Review (15 max)6 16 24 8 16 70 $12,930 $455 $13,385

7.3 - Prepare As-builts 6 2 24 32 $4,760 $208 $4,968
SUBTOTAL TASK 7 0 16 30 54 8 40 148 $27,010 $962 $0 $27,972 PROJECT TOTALS 20 48 150 470 16 218 922 $167,620 $5,993 $26,000 $199,613 *GENERAL ASSOCIATED PROJECT CHARGES include telephone, mileage, printing, photocopies and other miscellaneous direct expenses.

Task 7 - Engineering Support During Construction

5.4 - 65% Plans, Specifications, and Estimate

5.5 - 95% Plans, Specifications, and Estimate

5.6 - Final Plans, Specifications, and Estimate
Task 5.7 - Basis of Design Technical Memorandum
Task 5 - Prepare Construction Documents
Task 6 - Bid Phase Services
Task 5.2 - Potholing
SUBTOTAL TASK 5.2
SUBTOTAL TASK 1
11178760

TASKS LABOR HOURS & COSTS FEE COMPUTATION
Task 1 - Project Management and Coordination
Packet Page 75 of 224Attachment 2 Page 11 of 18

revised 1/22/2021
EXHIBIT “B”

PAYMENT
1) The cost for services rendered by CONSULTANT under this Agreement shall be based on CONSULTANT’s schedule of hourly rates, attached with Exhibit A. Billings shall include the numbers of hours expended by each of the CONSULTANT’s employees, plus reimbursables such as postage, delivery, reproduction, etc. Reimbursables shall be itemized on the billings. Total payment for consulting services shall not exceed $1,550,118.
2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the City Engineer for the same. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT, and shall be billed on a time and materials basis.

Packet Page 76 of 224Attachment 2 Page 12 of 18

revised 1/22/2021
EXHIBIT “C”

GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. 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 rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT 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 his profession.
3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, 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, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work Packet Page 77 of 224Attachment 2 Page 13 of 18

revised 1/22/2021
performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.

Packet Page 78 of 224Attachment 2 Page 14 of 18

revised 1/22/2021
The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.

As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.

Packet Page 79 of 224Attachment 2 Page 15 of 18

revised 1/22/2021
EXHIBIT “D”

INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability 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 coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required. ☒ Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
☐ Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence ☐ Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence ☐ Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ ☐ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
☐ Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.

3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or Packet Page 80 of 224Attachment 2 Page 16 of 18

revised 1/22/2021
eliminate such deductibles or self-insured retentions as respects the CITY, 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. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and 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, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it. iii) 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 or volunteers.
iv) 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. v) 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.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.

Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected].

All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain Packet Page 81 of 224Attachment 2 Page 17 of 18

revised 1/22/2021
insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

Packet Page 82 of 224Attachment 2 Page 18 of 18

CITY OF FAIRFIELD

RESOLUTION NO. 2022-263

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND COASTLAND CIVIL ENGINEERING, INC. FOR PROJECT MANAGEMENT SERVICES

ON THE WEST TEXAS UTILITY RELOCATION AND COMPLETE STREETS PROJECTS

WHEREAS, the City desires to implement the infrastructure projects identified in the Heart of Fairfield Plan; and

WHEREAS, Coastland Civil Engineering, Inc. (Coastland) is qualified to provide the project management services for the West Texas Utility Relocation and Complete Streets Projects; and

WHEREAS, City staff is requesting professional project management and technical support services from Coastland.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield, that certain agreement for project management services with Coastland Civil Engineering, Inc. for the West Texas Utility Relocation and Complete Streets Projects for an amount not to exceed three hundred thirty-four thousand, forty-nine dollars ($334,049).

Section 2. The city manager is hereby authorized to do all things necessary to implement the above-mentioned contract.

PASSED AND ADOPTED this 4th day of October, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO_

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 83 of 224Attachment 3 Page 1 of 1

revised 1/22/2021
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and Coastland Civil Engineering, LLP ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
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.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.

DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 84 of 224Attachment 4 Page 1 of 20

revised 1/22/2021
CITY Contact:  David Vong
E‐mail:  [email protected]
Address:  1000 Webster Street, 3rd Floor, Fairfield, CA 94533 Telephone:707‐428‐7784
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: George Hicks, Managing Engineer
E‐mail: [email protected]
Address: 324 Campus Lane, Suite A, Fairfield, CA 94534 Telephone:707‐702‐1962
EXECUTED as of the day first above‐stated.

City of Fairfield, a municipal corporation
By:

David Gassaway, Interim City Manager

CONSULTANT
By:

Name/Title:

By:

Name/Title:
and
DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Corp. Secretary
Heidi Utterback
CFO
Paul Wade
Packet Page 85 of 224Attachment 4 Page 2 of 20

Santa Rosa Auburn Pleasant Hill Fairfield
1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 324 Campus Lane, Ste. A Santa Rosa, CA 95405 Auburn, CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534 Tel: 707.571.8005 Tel: 530.888.9929 Tel: 925.233.5333 Tel: 707.702.1961 www.coastlandcivil.com
April 26, 2022
Mr. Ryan Panganiban, P.E.

Assistant Public Works Director/City Engineer
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
Via email: [email protected]
Subject: Proposal for Project Management Services - West Texas Utility Relocation and Complete Streets ATP Projects.

Dear Ryan,
We are pleased to provide you this letter proposal for project management services for the West Texas Street Trunk Sewer Main, West Texas Street Trunk Water Main Relocation, and the West Texas Complete Streets ATP Projects being designed for the City by GHD. We have enjoyed working with the City on this important project during the preliminary engineering phase and are excited to see the project funded and moving to construction.

PROJECT UNDERSTANDING
Following completion of the Heart of Fairfield Specific Plan, the City has been pursuing the completion of the Complete Streets improvements. These improvements are seen as important catalyst improvements to attracting private investment to the area and achieving the revitalization goals of the Specific Plan. Coastland has supported the City with project management services over the past several years while the projects have been in preliminary engineering phase and the City has pursued grant funding.

Now that the City has secured an ATP grant and allocated ARPA funding for the new trunk sewer, these improvements are ready to advance into detailed design and construction. These projects are being advanced in three phases with the relief sewer slated for construction in 2023, the water main relocation in 2024, and the ATP improvements in 2025. The City has hired GHD to design these three projects and needs project management assistance to complete these designs and move the projects through to construction.

SCOPE OF SERVICES
Based on our understanding of the projects and our review of GHD’s proposed scope of work, we propose to provide the following services.

EXHIBIT "A"DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 86 of 224Attachment 4 Page 3 of 20

Task 1 - Project Management and Coordination

1.1 – Project Meetings
The teams for these projects are large and the scopes diverse. To help keep the projects on schedule, we will participate in bi-weekly meetings to review the status, work completed and upcoming tasks for the sewer, water and ATP projects. We expect that our participation in these or similar meetings will be needed during construction as well as design.

1.2 – Contract Administration
This item includes covers administration for both of the GHD contracts and includes budget and schedule tracking, invoice review and approval, and review and processing of any contract amendments.

1.3 – Miscellaneous Coordination
This is one of the largest tasks for the projects. We have allocated two hours per week to the task of coordinating between the various City staff members and the consultant team during design and construction. Our knowledge of the City and our familiarity with the team members will allow us to identify and help resolve design issues as they come up, which will add considerable value to the design and help avoid schedule and budget issues.

Task 2 - Design Review and Oversight

2.1 – Review and Coordinate 35% PS&Es for Sewer, Water, and ATP Projects We will review the 35% submittal package from GHD for these three projects. In addition to our review, we will also coordinate the review and compile comments from the rest of the City team and transmit these to GHD.

2.2 – Review and Coordinate 65% PS&Es for Sewer, Water, and ATP Projects We will review the 65% submittal package from GHD for these three projects. We will make sure that all of the comments from the 35% review have been adequately addressed. In addition to our review, we will also coordinate the review and compile comments from the rest of the City team and transmit these to GHD.

2.3 – Review and Coordinate 95% PS&Es for Sewer, Water, and ATP Projects We will review the 95% submittal package from GHD for these three projects. We will make sure that all of the comments from the 65% review have been adequately addressed. In addition to our review, we will also coordinate the review and compile comments from the rest of the City team and transmit these to GHD.

2.4 – Review and Coordinate Final PS&Es for Sewer, Water, and ATP Projects We will review the final submittal package from GHD for these three projects. We will make sure that all of the comments from the 95% review have been adequately addressed. Once we have confirmed that all comments have been addressed, we will forward the final packages to the City for signature and bidding.

DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 87 of 224Attachment 4 Page 4 of 20

Task 3 - Construction Support and Project Closeout

3.1 – Bidding Support
Under this task we will coordinate and/or provide responses to questions that arise during the bidding process. We will draft any required addenda and coordinate any conformed sets of plans and specifications as required. We will prepare a tabulation of bids received for the project and provide the City with an assessment of the bids received.

3.2 – Construction Support
We will participate in construction meetings as requested. We will be a resource to the City’s construction inspection and construction management team to help analyze and respond to RFI’s, claims, and design changes needed as a result of field conditions.

3.3 – Project Closeout
We will review record drawings and assist in the documentation of other items resulting from field changes during construction.

Task 4 - Public Information and Outreach

4.1 – Outreach Management and Project Coordination Meetings AIM will participate as requested in Project Design Team Meetings as each project approaches milestones such as completion of design, advertisement for bids, contract award, construction kickoff, as well as construction meetings to track the progress and provide strategic advice and counsel concerning the need, timing, and nature of public outreach related to the various construction packages. For this task, we have assumed 30-minute meetings approximately monthly attended by the AIM team. Coastland will coordinate these services with AIM.

4.2 – Prepare and Disseminate Public Information Materials To ensure we identify and communicate with all appropriate sectors of the community, AIM will develop and maintain a stakeholder database throughout the project’s duration. This database will include stakeholder names, contact information as well as the preferred method of contact, and potential key concerns and/or areas of study interest. Key stakeholders may include affected property and business owners within the project area and community-based organizations.

AIM, in coordination with the City of Fairfield and the project team, will develop collateral materials for the project which may include hand-outs such as informational brochures, comment cards, and fact sheets. AIM will develop all materials using a template consistent with the project identity. All printed materials will also have an electronic version that can be distributed through social media and placed on the project webpage. AIM will develop and distribute a quarterly project update to be distributed via social media and email four (4) times a year.

AIM will work with the City of Fairfield and the project team to update the project webpage once a quarter for the next four years. The webpage will include a project background, timeline/schedule, and photos and/or maps for the project. AIM’s updates for the webpage will include key milestones, upcoming outreach opportunities, and other project information updates.

DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 88 of 224Attachment 4 Page 5 of 20

4.3 – Coordinate and Hold Public Meetings
AIM, in coordination with the City of Fairfield and the project team, will plan and facilitate three community workshops as part of the public outreach process. The workshops will be held either in- person or virtually in an open-house format.

AIM will coordinate each workshop’s date, time, and venue in addition to determining their format and agenda. AIM will develop workshop materials such as a run of show document, room layout, sign-in sheet, project team name tags, comment card, interactive board displays, and informational materials such as a fact sheet or brochure. The City and the project team will be responsible for providing any technical information or analysis needed for the board displays or informational materials. AIM can develop all meeting materials in English and Spanish. AIM will develop and implement a notification plan for each community workshop. The notification plan may include but is not limited to email blasts to interested community members, personal calls and emails to key stakeholders and community-based organizations, a media release, flyers and posters which can be posted at key activity centers, social media content, and project webpage content. Following the workshop, AIM will develop a summary that will include photography and all feedback received.

PROPOSED STAFFING & FEES
Our proposed Project Manager for this project will be George Hicks. George has extensive experience with water facilities including more than 25 years as City Engineer and 22 years with the City of Fairfield. He is familiar with the Heart of Fairfield Specific Plan, the City and the project area. We believe his extensive experience including the planning, design, construction, maintenance and operation of public infrastructure projects will be a valuable asset in ensuring the project meets the City’s goals and is seen as a success. George has extensive staff resources on the Coastland team to draw from for any needed support that me required.

As outlined in the attached work estimate, we anticipate that we will spend up to 1,060 total hours over the next approximately four years performing the work outlined in this proposal. We propose to provide these services, along with the added support from AIM Consulting, on a time and materials basis with a not-to-exceed budget $334,049 A current rate sheet is attached. If additional work is necessary that exceeds this amount or falls outside this scope of work, we can work with you to amend the budget.

We greatly appreciate the opportunity to provide this proposal and look forward to continuing to serve the City of Fairfield. Please feel free to contact George at (707) 702-1962 if you have any questions or need any additional information.

Sincerely,

John Wanger, PE George R. Hicks, PE
Principal Managing Engineer
DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 89 of 224Attachment 4 Page 6 of 20

$210$1501Project Management and Coordination1.1Project Meetings (Assume bi-weekly over approximately 48 months)104104$21,8401.2Contract Administration, GHD Contracts (assume 2 hrs per month)9696$20,1601.3Miscellaneous Coordination between consultants and City (2 hrs./ wk/contract)416416$87,360Subtotal 616$129,3602Design Review and Oversight2.1Review and Coordinate 35% PS&Es for Sewer, Water and ATP Projects4848$10,0802.2Review and Coordinate 65% PS&Es for Sewer, Water and ATP Projects6060$12,6002.3Review and Coordinate 95% PS&Es for Sewer, Water and ATP Projects7272$15,1202.4Review and Coordinate Final PS&Es for Sewer, Water and ATP Projects3636$7,560Subtotal216$45,3603Construction Support and Project Closeout3.1Bidding Support (Field bid questions, prepare addenda, bid tabulation, etc.)363672$12,9603.2Construction Support (Coordinate RFI's, design changes, and CCO review)7272$15,1203.3Project Closeout3636$7,560Subtotal 180$35,6404Public Information and Outreach4.1Monthly Team Outreach Meetings24$13,03224$18,0724.2Prepare and Disseminate Public Information Materials24$51,45524$56,4954.3Coordinate and Hold Public Meetings (assume 3) 36$40,56136$48,121Subtotal 84$122,689Direct Costs (repro, mileage, etc.) $1,000Total106036$105,0491096$334,049Heart of Fairfield Infrastructure Design and Construction SupportCity of FairfieldTask InformationHours & Cost WORK ESTIMATE Project Management ServicesTOTAL FEETOTAL HOURSAIM ConsultingG. Hicks PMAsst. EngineerDocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 90 of 224Attachment 4 Page 7 of 20

revised 1/22/2021
EXHIBIT “B”

PAYMENT
1) The cost for services rendered by CONSULTANT under this Agreement shall be based on CONSULTANT’s current schedule of hourly rates, attached below. Billings shall include the numbers of hours expended by each of the CONSULTANT’s employees, plus reimbursables such as postage, delivery, reproduction, etc. Reimbursables shall be itemized on the billings. CONSULTANT shall provide an hourly rate fee schedule on an annual basis. Total payment for consulting services shall not exceed $334,049. 2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the City Engineer for the same. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT, and shall be billed on a time and materials basis.

DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 91 of 224Attachment 4 Page 8 of 20

Rev. 06/06/22

SCHEDULE OF HOURLY RATES
July 01, 2022, through June 30, 2023

PROFESSIONAL SERVICES 2022-2023

Principal Engineer $220 - $240/hour
Supervising Engineer $190 - $215/hour
Senior Engineer $175 - $190/hour
Associate Engineer $160 - $175/hour
Assistant Engineer $140 - $160/hour
Junior Engineer $130 - $140/hour
Senior Engineering Technician $150 - $170/hour
Engineering Technician $135 - $150/hour
Engineering Aide $110 - $130/hour
Resident Engineer $170 - $190/hour
Construction Manager $155 - $190/hour
Assistant Construction Manager $140 - $160/hour
Construction Inspector* $145 - $175/hour
Construction Administrator $100 - $110/hour
Building Plan Check Engineer/Architect $160 - $190/hour Building Official and/or CASp $160 - $190/hour
Supervising Building Inspector $165 - $180/hour
Senior Building Inspector $135 - $160/hour
Building Inspector (I & II) $115 - $135/hour
Supervising Plans Examiner $160 - $180/hour
Senior Plans Examiner $135 - $160/hour
Plans Examiner (I & II) $105 - $135/hour
Supervising Permit Technician $135 - $145/hour
Senior Permit Technician $115 - $135/hour
Permit Technician (I & II) $100 - $120/hour
Administrative $100 - $110/hour
VEHICLE $15 - 20/hour
MILEAGE $0.68/mile
OUTSIDE SERVICES Cost + 15%
MATERIALS Cost + 15%

• When applicable, mileage or vehicle rates will be charged, but not both. * Includes services subject to prevailing wage rates.

DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 92 of 224Attachment 4 Page 9 of 20

revised 1/22/2021
EXHIBIT “C”
GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT.  At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY.  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 rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC.  CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession.  CONSULTANT represents and warrants to CITY that CONSULTANT 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 his profession.
3) TIME.  CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement.  CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONSULTANT NOT AN AGENT.  Except as CITY may specify in writing, 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, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED.  No party to this Agreement may assign any right or obligation pursuant to this Agreement.  Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL.  CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement.  In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE.  CONSULTANT shall perform all services required pursuant to this Agreement.  Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession.  All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession.  CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT.  This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT.  CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project.  CONSULTANT shall be entitled to no further compensation for work DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 93 of 224Attachment 4 Page 10 of 20

revised 1/22/2021
performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra‐hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 94 of 224Attachment 4 Page 11 of 20

As a way of responding to the provisions of the Davis‐Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non‐profit corporation or other form of organization.
b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.

DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 95 of 224Attachment 4 Page 12 of 20

revised 1/22/2021
EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability 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 coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required. ☒ Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
☐ Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence ☐ Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence ☐ Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ ☐ MCS‐90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
☐ Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.

3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF‐INSURED RETENTIONS. Any deductibles or self‐insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 96 of 224Attachment 4 Page 13 of 20

revised 1/22/2021
eliminate such deductibles or self‐insured retentions as respects the CITY, 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. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and 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, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self‐insured maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it. iii) 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 or volunteers.
iv) 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. v) 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.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.

All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d) SUB‐CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 97 of 224Attachment 4 Page 14 of 20

revised 1/22/2021
insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub‐ contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub‐contractors work on behalf of CONSULTANT.

DocuSign Envelope ID: 11E79B60-DD0D-4B7F-B255-C1BA9D3FDD50 Packet Page 98 of 224Attachment 4 Page 15 of 20

Certificate Of Completion
Envelope Id: 11E79B60DD0D4B7FB255C1BA9D3FDD50 Status: Completed Subject: Please DocuSign: Coastland Agreement Project Management Source Envelope:

Document Pages: 15 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Lydia Park
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1000 Webster Street
Community Development - Building Services
Fairfield, CA 94533
[email protected]
IP Address: 64.162.152.2
Record Tracking
Status: Original
9/15/2022 1:00:36 PM
Holder: Lydia Park
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Fairfield Location: DocuSign Signer Events Signature Timestamp
Heidi Utterback
[email protected]
Corp. Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 184.23.240.226
Sent: 9/19/2022 5:19:40 PM
Resent: 9/19/2022 5:19:47 PM
Viewed: 9/19/2022 7:28:07 PM
Signed: 9/19/2022 7:29:22 PM
Electronic Record and Signature Disclosure:

Accepted: 9/19/2022 7:28:07 PM
ID: 1247a8c4-2266-4def-b8f3-1213f94b4006
Paul Wade
[email protected]
CFO
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 184.23.240.226
Sent: 9/19/2022 5:19:40 PM
Resent: 9/19/2022 5:19:48 PM
Viewed: 9/20/2022 10:37:01 AM
Signed: 9/20/2022 10:37:25 AM
Electronic Record and Signature Disclosure:

Accepted: 9/20/2022 10:37:01 AM
ID: 3c1375fe-e180-4dfe-844a-1de2b6602c56
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
David Vong
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 9/20/2022 10:37:27 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Packet Page 99 of 224Attachment 4 Page 16 of 20

Carbon Copy Events Status Timestamp
George Hicks
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 9/19/2022 2:26:56 PM
Resent: 9/20/2022 10:37:27 AM
Viewed: 9/19/2022 5:04:27 PM
Electronic Record and Signature Disclosure:

Accepted: 9/19/2022 5:04:27 PM
ID: 4e68ea7d-49c8-4bc6-86a1-069eda78b9fd
John Wanger
[email protected]
CEO
Coastland Civil Engineering, Inc.

Security Level: Email, Account Authentication
(None)
Sent: 9/15/2022 1:04:41 PM
Resent: 9/19/2022 10:45:16 AM
Resent: 9/20/2022 10:37:27 AM
Electronic Record and Signature Disclosure:

Accepted: 8/10/2021 3:55:28 PM
ID: 137aece2-bf7d-4b21-9ad4-6b0a1bf9f82e
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/15/2022 1:04:42 PM
Certified Delivered Security Checked 9/20/2022 10:37:01 AM Signing Complete Security Checked 9/20/2022 10:37:25 AM Completed Security Checked 9/20/2022 10:37:27 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Packet Page 100 of 224Attachment 4 Page 17 of 20

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fairfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/3/2021 9:06:07 AM Parties agreed to: Heidi Utterback, Paul Wade, George Hicks, John Wanger Packet Page 101 of 224Attachment 4 Page 18 of 20

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Fairfield:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected]

To advise City of Fairfield of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from City of Fairfield
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with City of Fairfield
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

Packet Page 102 of 224Attachment 4 Page 19 of 20

i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify City of Fairfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Fairfield during the course of your relationship with City of Fairfield.

Packet Page 103 of 224Attachment 4 Page 20 of 20

CITY OF FAIRFIELD

RESOLUTION NO. 2022-264

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF FAIRFIELD AND GHD ENGINEERS FOR THE WEST TEXAS UTILITY

RELOCATION PROJECT

WHEREAS, on July 15, 2021, the City of Fairfield entered into an agreement for engineering and design services (Agreement) with GHD Engineers (GHD) for the West Texas Utility Relocation Project; and

WHEREAS, on December 21, 2021, the City Council approved an amendment to the Agreement separating the West Texas Utility Relocation Project into separate water main relocation and trunk sewer projects; and

WHEREAS, additional professional engineering and design support services are required for the West Texas Utility Relocation Project; and

WHEREAS, staff has reviewed the proposed scope of work and negotiated the cost proposal provided by GHD; and

WHEREAS, Amendment No. 2 to the Agreement increases the total compensation by $107,746.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The city manager is hereby authorized and directed to execute, on behalf of the City of Fairfield, that certain Amendment No. 2 to the Agreement for design services with GHD Engineers for one hundred seven thousand seven hundred forty-six dollars ($107,746) for a total contract amount not-to-exceed eight hundred and nine thousand, nine hundred sixty dol lars ($809,960).

Section 2. The public works director is hereby authorized to execute and administer amendments in a total amount not-to-exceed eighty thousand, nine hundred ninety-six dollars ($80,996).

Section 3. The city manager is hereby authorized to do all things necessary to implement the above-mentioned contract.

Packet Page 104 of 224Attachment 5 Page 1 of 2

RES. NO. 2022-264

Page 2 ends

PASSED AND ADOPTED this 4th day of October, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO_

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 105 of 224Attachment 5 Page 2 of 2

AMENDMENT NO. 2

TO THE AGREEMENT FOR GONSULTING SERVICES (DESIGN) FOR THE WEST

TEXAS UTILITY RELOCATION PROJECT
on July 15,2021, the city of Fairfield, a municipal corporation, hereinafter referred to as .clTy," and GHD ErrrCrNrEgns, herelnafter referred to as "coNSULTANT," entered into an agreement for consulting services for professional Consulting Services (Design) for the West Texas Utility Relocation Project'
Based upon the need for additional consulting work outside the scope of the agreement' the CtTy and CONSULTANT do hereby airee to amend the existing AGREEMENT FOR CONSULTING SERVICES as follows:

WITNESSETH:

WHEREAS, CITY desires to contract for certain consulting work necessary for the design work necessary for the preparation of construction documents and provide construction assistance support for the west Texas utility Relocation Project, and for G prtpotes of this Agreement shall be called 'PROJECT;" and WHEREAS, CONSULTANT is providing design services for the PROJECT; and wHEREAS, CONSULTANT has been requested to complete additional design work for the PROJECT; and
WHEREAS, CONSULTANT is willing and qualified to provide design services for PROJECT.

NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein sei forth, the parties do hereby agree as follows:

1. Section 1, SERVICES, of the AGREEMENT, shall be amended to include "Exhibit A2" to this Amendment'

2. Section 2, PAYMENT of the AGREEMENT, shall be amended as follows:
a For those services described in section 1, compensation_shall be on a time and material basis increasing the maximum fee by oNE HUNDRED srvrr.r THOUSAND SEVEN HUNDRED FORTY-SIX DOLLARS
($107,746.00), per the included "Exhibit A2" to this Amendment, to a MAX|MUM fEE NOt tO EXCCEd EIGHT HUNDRED NINE THOUSAND NINE HUNDRED SIXTY DOLLARS ($809'960.00).

Packet Page 106 of 224Attachment 6 Page 1 of 8

WHEREOF, the parties hereto have executed this Amendment on the -
day of
20 CITY OF FAIRFIELD
a municipal corPoration (CITY)
David Gassaway, lnterim City Manager

GHD ENGI NEERS (CONSULTANT)
\Mlliam E, Business GrouP Lead
Packet Page 107 of 224Attachment 6 Page 2 of 8

EXHIBIT A2
July 13,2022 Ref:11230309
Mr. Paul Kaushal, Public Works Director/City Engineer Original Sent Via Email City of Fairfield
1000 Webster Street
Fairfield, CA 94533
Re: Amendment No. 2 - West Texas Utility Relocation Project Additional Engineering Services Gonsultation Services Agreement Daied July 15,2021, Exhibit A, ResolutionNO-2021'144 Dear Paul:

To complete the interconnection of the relief sewer along West Texas Street to the sewer main along pennsylvania Avenue, the sewer must run beneath an existing box culvert which forces the grade lower' GHD developed a series of options and reviewed them with the City and FSSD. The decision was made that the preferred option is to replace a portion of the existing sewer in Pennsylvania Avenue to accommodate the lower grade. The attached scope of services assumes that the existing sewer will be replaced along its existing alignment and at a lower grade to intercept the sewer coming from West Texas Steet.

We understand the City would like GHD to complete additional investigations along Pennsylvania Avenue and determine the extent of additional sewer work required in Pennsylvania Avenue given system hydraulics and FSSD requirements and then to complete the final design of the preferred configuration' To accomplish the City's desires, GHD has developed a two phase approach. Phase 1 services include additional potholing and surveying along Pennsylvania Avenue, analysis of the required alignment and configuration, and summary of findings and recommendations in a Basis of Design Technical Memorandum. Following confirmation by the City and FSSD, GHD will proceed with Phase 2 services to finalize the design of the extension of the sewer in Pennsylvania Avenue into a single bid package along with sewer and water improvements along West Texas Street that GHD is currently under contract to complete. Completing all of the water and sewer work under a single bid package will help to simplify the construction process and shorten the construction schedule' GHD is pleased to submit to the City of Fairfield this Fee Proposalto complete Phase 1 initial investigation and analysis along Pennsylvania Ave and Phase 2 services to finalize the design.

The overall schedule goal from the original proposal has changed given that the water and sewer utilifies will now be bid in one project. lt is anticipated that the project is proposed to be constructed in the summer oI 2023.

GHD
718 Third Street Eureka California 95501 USA
T 7o7 443 8326 F 707 444 8330 W www-ghd.com
rarmfl aattlltfriffii
trtrr;!arlit lllrS!
Packet Page 108 of 224Attachment 6 Page 3 of 8

SCOPE OF SERVICES
The scope of services under this amendment is organized by the tasks developed for the original scope and Amendment 1 and highlights the changes by task as summarized below. A breakdown of the hours required to complete the additional work is summarized in the attached Fee Estimate spreadsheet. The descriptions of the tasks below describe the changes in the scope necessitated by exploring additional sewer configuration and alignment options along Pennsylvania Avenue in order to complete the interconnection to the West Texas Street relief sewer project. This scope of services assumes that the existing sewer will be replaced along its existing alignment and at a lower grade to intercept the sewer coming from West Texas Steet. Please refer to the original scope for a more detailed description of each task as generally required to complete the work. lt is anticipated that additional survey and potholing work will be required to determine the configuration of the additional sewer work in Pennsylvania Avenue. GHD has developed initial services highlighted below to determine configuration and extents of the revised sewer alignment, and Phase 2 services to complete the final design. Previously, under Amendment 1, the City desired to split the water and sewer utilities into two separate bid packages. While there could be some advantages to splitting the project, under the current circumstances the City desires that the water and sewer projects be developed as one construction contract and the additional work in Pennsylvania Avenue under this scope assumes a single design package and construction contract for all proposed water and sewer work.

Phase 1 - Initial lnvestigation and Analysis Tasks
Task 4 - Additional Potholing
The initial potholing for the project included potholing of the bridge crossing at West Texas and pennsylvania Avenue, but given the instability backfill material in the area, the subcontractor was unable to obtain accurate data for the extents of the bridge using standard vacuum excavation techniques due to caving of the excavation. This task includes additional coordination with the potholing subcontractor and additional field work to provide vacuum excavation using a Sonotube to hold the excavation open to help facilitate measurement of the bottom elevation of the culvert at select locations around the bridge crossing. Additional potholing of other utilities along Pennsylvania Avenue is planned under the Phase 2 design services.

Task 6 - Additional SurueYing
This task is based on additional effort to collect invert and surface manhole survey data for sanitary sewer manholes along Pennsylvania Avenue from Woolner Avenue to Empire Street. The intent is to collect basic information regarding the alignment and depth of the existing sewer that is anticipated to be reset at a new grade to function with the sewer crossing the box culvert. Additional field surveying of surface features is planned for Phase 2 design services.

Task 7 - Basis of Design Technical Memorandum
This task is based on preparing a Basis of Design Technical Memorandum using the findings of the additional potholing and survey information collected under Tasks 4 and 7 . The analysis will include 2 Packet Page 109 of 224Attachment 6 Page 4 of 8

consideration of FSSD standards as well as potential adjustments in those standards in terms of pipe materials and slope and discussed with FSSD staff. A quantity takeoff and opinion of conceptual cost will be prepared for consideration as well. A summary of findings and recommendations options will be presented within the Basis of Design Techincal Memorandum for city and FSSD review' Based on final agreement by the city and FSSD regarding the configuration of the sewer along Pennsylvania Avenue, GHD will proceed to Phase 2.

Phase 2 - Final Design Tasks
Task 3 - Additional Utility Gompany lnvestigation
This task is based on conducting additional utility company investigations along the Pennsylvania Avenue sewer alignment to support the final design process. This extends the utility investigations conducted along West Texas Street under the current water and sewer scope. GHD will prepare updated Utility GHD will prepare Request Letters and contact the utility providers to obtain additional mapping on pennsylvania Ave from Wollner Avenue to Empire Street. This will help guide the follow on potholing and survey scope and the overall design process.

Task 4 - Additional Potholing
Additional potholing is planned at strategic locations along the sewer alignment where potential utility have been identified. This task includes additional coordination with potholing subcontractor and additional field work to provide vacuum excavation utility location (potholing) services at select locations along pennsylvania Avenue for the additional sewer line extents. Target utilities will be exposed using vacuum excavation. The utilities to be investigated will be identified on a site plan. Up to 10 additional pothole locations are included in this task.

Task 6 - Additional SurveYing
This task includes additional surveying and mapping effort to prepare the base mapping for the sewer utility along Pennsylvania Avenue. The current base mapping and topographic survey only extends from Beck Ave to pennsylvania Avenue on West Texas, the additional base mapping will be created for the sewer line for areas not covered by the existing project scope. Aerial imagery will be used for the development of roadway extents along Pennsylvania Avenue. Field survey techniques will be used to collect field survey data for manhole covers, valve boxes, meters, and relevant invert information for the major sewer and storm drain features in the project area. The intent is to conduct field surveying to identify the location and depth of major utilities so that they may be shown on the plan and profile drawings and can help inform the final design.

Task 8 - Additional Engineering to Prepare Bid Ready Plans and specifications GHD will prepare bid ready construction design drawings and technical specifications necessary to issue the project for bidding and construction. The overall water and sewer project along West Texas Street and as extended along Pennsylvania Avenue under this scope will be prepared as a single design package. GHD will provide design deliverables as outlined under the original scope for the project' 3 Packet Page 110 of 224Attachment 6 Page 5 of 8

PHASE { . SCHEDULE
GHD proposes to complete the tasks associated with this project according to the following schedule:
. Potholing: Week of July 25,2022
. Surveying: Week of August 1,2022
GHD will commence the additional work outlined above after receiving the executed contract amendment from the City.

PHASE 2 - SCHEDULE
. Potholing: Week of September 29,2022
. Surveying: Week of September 12' 2022
e 60% Design Submittal Water and Sewer: Week of October 24' 2022 . 90% Design Submittal Water and Sewer: Week of December 12' 2022 . 100o/o Design Submittal Water and Sewer: Week of January 9,2023 . Put Water and Sewer Project out for Public Bidding: Week of February 20,2023 GHD will commence the additional work outlined above after receiving the executed contract amendment from the City.

PROFESSIONAL SERVICE FEE
As requested, GHD proposes to complete the Additional Engineering Services - Scope of Work outlined above as described in the table below and Attachment - Fee Estimate Schedule.

The services for this project shall be billed based on the fee schedule in effect at the time the services are provided.
4 Task Fee Allowance
Phase { - Initial Investigation and Analysis Tasks
Task 4: Additional Potholing $12,890
Task 6: Additional Surveying $5,560
Task 7: Basis of Design Technical Memorandum $15,206
Phase 2 - Final Design Tasks
Task 3:Additional Uti Company lnvestigation $3,635
Task 4: Additional Potholing $23,690
Task 6: Additional SurveYing $10,873
Task 8: Bid Ready Plans and Specifications $35,893
TOTAL PHASE I and PHASE 2 SERVIGES 9107,746
Packet Page 111 of 224Attachment 6 Page 6 of 8

CLOSING
We appreciate the opportunity to submit this proposal amendment and look forward to working with you Please feel free to contact me a|707-267-2219 or email me at steve'[email protected], should you have any questions about our proposal.

Sincerely,
GHD lnc.

Steve McHaney P.E.

Project Director
(707) 267-2219
Attachment: FeeEstimateSpreadsheet
5 Packet Page 112 of 224Attachment 6 Page 7 of 8

gill "00t$2,62C3515934,,1s0S5,t,l 20$1,$14,FEECOUPUTAIION162a4aI0$95lHt$85lHrPAAdminSub-Consul-tantsAssociatedProject Cost(APc)DiEctLaborCoslTOTALHOURS2-Pe6onCrew930slHrStaffSurueyor9175,HTPW Field9175,HTc21CAD 'GEphics$1351358ConstnEngineers155,HT0HydEulicEngineer$155lHtStruclu€lEnginer$195lHr4$235lHrBoring10SraffEnEineer$135lHr40Prcjec{Engineergt70lHr22PpjeclManager5195!Hr1aILASOR HOURS A COSTSPrcj. Oir. ,o,A/oc$2s5,HrBasis of Desion Technicd Memoranoum100yo Final Plans. Soecificalions, ancl Estimale-PROJECT TOTALSWest Texas Utilitv Relocation Prcied - Amendmenl No. 2Number: 1'122637'l,00bv: Michelle Davidsonbu Steve McHanevName:FEEClient:Date:TASKSLABOR CATEGORY >RATE >Task / ltem'GENEML ASSOCTATED PROJECT CHARGES include ielephone, mileage, prlnting, photocopies and other mi$ellaneous direcl expenses.Packet Page 113 of 224Attachment 6 Page 8 of 8

Agenda Item No: 11.

AGENDA REPORT
DATE:October 4, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Second Reading and Adoption of Ordinance 202210 of the City Council of the City of Fairfield Adding Article X (SingleUse Foodware Accessories and Standard Condiments) to Chapter 9 of the Fairfield Municipal Code RECOMMENDED ACTION
Provide second reading and adopt Ordinance 202210.

STATEMENT OF ISSUE
The proposed ordinance would add Article X to Chapter 9 of the Fairfield Municipal Code and establish standards related to singleuse foodware accessories and standard condiments in response to Assembly Bill (AB) 1276.

DISCUSSION
The United States uses an estimated 561 billion disposable foodware items annually resulting in 4.9 million tons of waste. Unused food accessories, including utensils, straws, napkins, condiment packages, and other singleuse foodware, are either sent to landfill or littered resulting in polluted streets and waterways in our communities. The State has recognized that these littered products cause environmental harm requiring significant cleanup costs and energy.

In response to this, the State passed AB 1884 prohibiting fullservice restaurants from distributing singleuse straws to consumers without first being requested by the consumer. Expanding upon AB 1884, Governor Newsom approved AB 1276 in October 2021, which prohibits all food facilities from providing any singleuse foodware accessory or standard condiment unless requested by the consumer.

AB 1276 defines singleuse foodware accessories as follows: utensils, chopsticks, condiment cups and packets, straws, stirrers, splash sticks, and cocktail sticks. Standard condiments are defined as follows: relishes, spices, sauces, confections, or seasonings such as ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.

Agenda Item No: 11.AGENDA REPORTDATE:October 4, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Second Reading and Adoption of Ordinance 202210 of the City Council of the City ofFairfield Adding Article X (SingleUse Foodware Accessories and StandardCondiments) to Chapter 9 of the Fairfield Municipal CodeRECOMMENDED ACTIONProvide second reading and adopt Ordinance 202210.STATEMENT OF ISSUEThe proposed ordinance would add Article X to Chapter 9 of the Fairfield Municipal Code and establishstandards related to singleuse foodware accessories and standard condiments in response toAssembly Bill (AB) 1276.DISCUSSIONThe United States uses an estimated 561 billion disposable foodware items annually resulting in 4.9million tons of waste. Unused food accessories, including utensils, straws, napkins, condimentpackages, and other singleuse foodware, are either sent to landfill or littered resulting in pollutedstreets and waterways in our communities. The State has recognized that these littered products causeenvironmental harm requiring significant cleanup costs and energy. In response to this, the State passed AB 1884 prohibiting fullservice restaurants from distributingsingleuse straws to consumers without first being requested by the consumer. Expanding upon AB1884, Governor Newsom approved AB 1276 in October 2021, which prohibits all food facilities fromproviding any singleuse foodware accessory or standard condiment unless requested by theconsumer. AB 1276 defines singleuse foodware accessories as follows: utensils, chopsticks, condiment cups and packets, straws, stirrers, splash sticks, and cocktail sticks. Standard condiments are defined asfollows: relishes, spices, sauces, confections, or seasonings such as ketchup, mustard, mayonnaise,soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.

AB 1276 requires food facilities that use thirdparty food delivery platforms to list singleuse foodware accessories and standard condiments on their menu and only provide such items when requested. The law excludes correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.

To comply with AB 1276, City staff recommend adopting Ordinance No. 202210 to add Article X to Chapter 9 of the Fairfield Municipal Code. Ordinance 202210 would establish standards related to singleuse foodware accessories and standard condiments and would authorize the City, through the city manager or their designee, to act as the enforcement agency through the City’s administrative citation process.

FINANCIAL IMPACT
No financial impact is anticipated with the passing of Ordinance No. 202210. Staff from the Public Works Department will provide education and annual inspections to businesses that will be impacted by the Ordinance.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A public hearing notice was published in the Daily Republic newspaper on Wednesday, September 14, 2022. The City has received no questions or comments regarding this proposal at the time of this writing.

ALTERNATIVE ACTION
If the City Council has any questions, this request may be delayed so that staff may provide the necessary additional information. AB 1276 requires local governments to authorize an enforcement agency and delaying the action may subject the City to noncompliance.

STAFF CONTACT
Corey Beavers, Management Analyst II
(707) 4287528
[email protected]
COORDINATED WITH
ATTACHMENTS:

Description
Proposed Ordinance
Assembly Bill No. 1276
REVIEWERS:

Reviewer Action Date
Hether, Michael Approved 9/19/2022 1:51 PM
Kaushal, Paul Approved 9/19/2022 3:10 PM
Beavers, Esther Approved 9/20/2022 11:04 AM
Beavers, Esther Approved 9/20/2022 11:04 AM
Packet Page 115 of 224

CITY OF FAIRFIELD

ORDINANCE NO. 2022-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADDING ARTICLE X (SINGLE - USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS) TO CHAPTER 9 OF THE

FAIRFIELD MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 9 of the Fairfield Municipal Code is hereby amended to add a new Article X to read as follows:

“Article X. Single-Use Foodware Accessories and Standard Condiments Ordinance

9.560 Purpose.

The purpose this Article is to reduce the use of waste that is generated by all the single-use food service product in compliance with AB 1276.

9.570 Definitions.
“AB 1276” means the California State Assembly Bill regulating the distribution of single -use foodware accessories by food vendors to be made available only upon request of the consumer. AB 1276 applies to plastic and non-plastic single-use foodware items and standard condiments.

“Consumer” means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food facility, and does not offer the food for resale.

“Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level and as further defined in Health and Safety Code Section 113789.

“Ready-to-eat food” means food that is in a form that is edible without additional preparation to achieve food safety, as specified in Health and Safety Code Section 114004 or Health and Safety Code Section 114008, is a raw or partially cooked food of animal origin and the consumer is advis ed as specified under Health and Safety Code Section 114093, or may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes and as further defined in Health and Safety Code Section 113881.

“Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.

Packet Page 116 of 224Attachment 1 Page 1 of 4

ORD. NO. 2022-10

Page 2 ends

Fairfield City CouncilOctober 4, 2022

Fairfield City Council
October 4, 2022