Agenda, first session — Fairfield City Council, December 6, 2022 (part 5 of 6)

Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written agreement of both parties.

Section 3. The public works director is authorized and directed to do all things necessary to implement the Agreement.

Section 4. The council hereby approves a budget adjustment of $208,000 increasing appropriations for landscape maintenance in the LLMD No. 14 – Woodlake Fund (Organization Code 182-60-107) offset by the use of the available fund balance.

PASSED AND ADOPTED this 6th day of December, 2022, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK

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CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 14 – WOODLAKE

THIS AGREEMENT is made at Fairfield, California, as of ____________________, 2022, by and between the City of Fairfield, a municipal corporation (“CITY") and TerraCare Associates ("CONTRACTOR"), who agree as follows:

1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to the CITY the services described in Exhibit “A.” CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit “A.”

2) PAYMENT. CITY shall pay CONTRACTOR 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 CONTRACTOR for services rendered pursuant to this Agreement.

CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.”

3) FACILITIES AND EQUIPMENT. CONTRACTOR 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 the City of Fairfield Standard Specifications and Details, latest edition and 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 from January 1, 2023, through December 31, 2024. This Agreement may be extended for up to two (2) additional terms of up to twenty-four (24) months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties.

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EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:

David Gassaway, Interim City Manager

TerraCare Associates

By:

Brian Helgoe, CEO
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EXHIBIT “A”

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES

Landscaping and Lighting Maintenance District No. 14 – Woodlake located north of Air Base Parkway and east of Interstate 80. Refer to the Area Index Maps. CONTRACTOR should conduct an independent field survey for exact measurement.

2. DESCRIPTION OF SERVICES

A. Lawn Care
I. Mowing
a. Lawns shall be mowed to maintain a neat, trim appearance. b. CONTRACTOR shall remove all litter, branches, and debris from lawn area prior to mowing.
c. Turf height shall be maintained at 3-inches during the summer and 2 ½ inches during the winter.
d. Mowing directions shall be periodically alternated.
e. “Scalping” of turf will not be permitted.
f. Tufts of grass in corners or other areas that cannot be reached by a mower shall be mowed with a monofilament line trimmer.
g. CONTRACTOR may choose to use mulching blades on mowers; however, CONTRACTOR shall remove all excessive mowed clippings to the satisfaction of CITY from the job site on the same day.
h. Mowing schedules shall be coordinated with CITY.
i. Any damage to the turf caused by a mower shall be repaired to the satisfaction of CITY at CONTRACTOR’s expense.

II. Edging
a. CONTRACTOR shall perform lawn edging in conjunction with each mowing. b. Lawn edging along paved areas, around valve boxes, v-ditches, and other utility structures shall be kept neat and manicured.
c. Edges along fences and walls shall be sprayed with herbicide to maintain a 4-inch border free of vegetation.

III. Blowing and Raking
a. Lawn clippings, leaf litter, and other debris shall be blown from all hardscape surfaces and planter beds after each mowing, edging, and as needed. b. All debris shall be removed from the site on the same day CONTRACTOR performs blowing or raking.
c. CONTRACTOR may employ vacuuming or sweeping instead of blowing.

IV. Hard Fescue
a. CONTRACTOR shall remove the seed heads from Hard Fescue (no-mow Fescue) and remove seed heads from the job site after cutting.

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b. CONTRACTOR shall repeat the work if seed heads are missed. c. CONTRACTOR shall perform edging of Hard Fescue (no-mow Fescue).

V. Aeration and Renovation
a. Lawn and Hard Fescue areas shall be aerated using a coring tine aerator (plugger) and shall be renovated as necessary to retain health and quality. b. Frequency of aeration shall be adjusted to maintain appropriate water penetration. c. All sprinkler heads, quick couplers, and other obscure features in lawn area shall be flagged prior to aeration.
d. CONTRACTOR shall make multiple passes with aerating device to ensure that holes are no more than six (6) inches apart.
e. Tines shall penetrate at least 2 ½ inches deep. Plug removal is not necessary. f. Immediately following aeration, CONTRACTOR shall bring bare patches and depressions to grade level and reseed the area.
g. CONTRACTOR must provide prior notification of planned turf renovation to receive payment for the work.

VI. Turf Replacement
a. CONTRACTOR shall remove and replace dead or irreparably damaged turf at its own expense if such death or damage is caused by any source other than major vandalism where the cost of replacement materials exceeds five hundred dollars ($500) before mark-up.
b. CONTRACTOR shall be responsible for up to five hundred dollars ($500) of materials before mark-up and all labor costs for the repair or replacement of any turf damaged as a result of vandalism.
c. CONTRACTOR shall remove damaged turf and replace with sod within two weeks of a major vandalism event.

VII. Tree Wells
a. Tree wells in lawn shall be maintained free of turf, weeds, and all debris at all times.

VIII. Pest Control
a. Lawn areas shall be kept free of weeds.
b. CONTRACTOR shall identify and control turf diseases and infestations of weeds, insects, or rodents in a timely manner.
c. CONTRACTOR shall apply a pre-emergent herbicide to control broad leaf and grassy weeds.
d. CONTRACTOR shall spot treat with a post-emergent herbicide to eradicate emerged broad leaf and grassy weeds.
e. CONTRACTOR shall exercise extreme care in the use of herbicides and insecticides to avoid harm to non-target plants, as well as non-target insects, such as bees. f. In the event a pest control method is unsuccessful, CONTRACTOR shall reapply or perform new pest control methods at CONTRACTOR's expense to correct failed treatments.
g. CONTRACTOR must provide prior notification of planned turf renovation to receive payment for the work.

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IX. Irrigation
a. CONTRACTOR shall immediately correct excessive or inadequate watering upon notification by CITY.
b. Watering shall be completed between the hours of 9pm and 6am as operationally feasible.
c. CONTRACTOR shall prevent runoff and ponding by setting irrigation controllers repeat cycling, where possible, to allow water to absorb.

X. Fertilizer Application
a. CONTRACTOR shall apply fertilizer in accordance with the maintenance schedule attached hereto and the fertilizer standards herein. All changes must be coordinated with CITY.

B. Tree Care
CONTRACTOR shall be responsible for all tree maintenance.

I. Pruning
a. CONTRACTOR shall ensure that only professionally qualified personnel perform pruning using approved methods and techniques and International Society of Arboriculture (ISA) pruning standards.
b. All pruning cuts shall maintain the tree’s natural appearance and the branch bark ridge and shall be cleanly cut with no tearing of the bark.
c. Trees shall be thinned out and shaped when necessary to prevent spread or wind damage.
d. Excessive pruning, stubbing back, and flush cuts shall not be permitted. e. Lower branches overhanging walkways or paths shall be raised to a height of eight (8) feet, or to a height specified by CITY.
f. Lower branches overhanging streets or driveways shall be raised to a height of fifteen (15) feet, or to a height specified by CITY.
g. Dead and damaged branches, suckers, water sprouts, and other undesirable growth shall be removed.
h. All hazards shall be removed immediately.

II. Staking and Guying
a. At CITY’s direction, CONTRACTOR shall maintain stakes and guys and replace with approved materials.
b. CONTRACTOR shall replace tree ties, as needed, to provide support without chafing bark. c. Additional stakes or ties shall be set, as needed, to prevent wind damage. d. CONTRACTOR shall remove stakes that are no longer needed for trees with sufficient trunk caliper at the direction of CITY.

III. Tree Removal
a. CONTRACTOR shall remove any tree that, in the sole opinion of CITY’s Certified Arborist, is unsafe, diseased, or damaged beyond recovery.
b. Tree removal shall include stump grinding to a depth of 12-inches, or as determined by the CITY.

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C. Shrub and Ground Cover Care
I. Shrub Pruning
a. Shrubs shall be tapered back to form a natural appearance; no vertical edges allowed. b. Shrubs and ground cover shall be pruned to prevent encroachment on walkways, streets, paths, curbs, paved areas, signs, fence lines, and lines of sight. Shrubs and ground cover shall be maintained inside the edges of curbs or planter bed borders. c. Shrubs and ground cover shall be pruned to remove all dead or damaged growth.

II. Shrub Removal
a. At the direction of CITY, CONTRACTOR shall remove any dead or damaged shrubs and replace the same with shrubs of equivalent size and variety up to 5 gallons when such death or damage is caused by negligence of CONTRACTOR.

III. Ground Cover Pruning
a. Vinca and Hypericum shall be mowed to encourage healthy growth and allow for irrigation coverage.
b. CONTRACTOR may be required to prune and edge more frequently if ground cover growth encroaches on walkways or streets.
c. Ground cover, such as ivy shall not be allowed to grow or spread onto trees, walls, fences, buildings and other amenities.

IV. Ground Cover Replacement
a. At the direction of CITY, CONTRACTOR shall remove any dead or damaged ground cover and replace the same with ground cover and replace the same with ground cover of equivalent size and variety up to 1 gallon when such death or damage is caused by negligence of the contractor.

V. Fertilization of Shrub Beds and Ground Cover Areas
a. CONTRACTOR shall fertilize shrub beds and ground cover areas in accordance with the maintenance scheduled attached hereto and the fertilizer standards herein. Schedule changes shall be coordinated with CITY.
b. CONTRACTOR shall apply a slow-release complete fertilizer approved by CITY at a rate of six (6) pounds per 1,000 square feet, or at a rate recommended by manufacturer.

VI. Weed Control
a. CONTRACTOR shall perform weed control in all shrub and ground cover areas.

VII. Pest and Disease Control
a. Planter beds and ground cover areas shall be kept free of weeds. b. CONTRACTOR shall provide prior notification of planned pesticide applications to receive payment for the work.
c. Pre-emergent Weed Control
(i) CONTRACTOR shall apply pre-emergent herbicide in accordance with the maintenance schedule attached hereto.
(ii) Pre-emergent herbicide must be approved by CITY in advance of application. (iii) Pre-emergent herbicide must be a broad-spectrum herbicide labeled for both broadleaf and grassy weeds.
(iv) CONTRACTOR may use a tank mix of two or more herbicides to achieve the desired spectrum of control.

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d. Snails and slugs shall be controlled with the use of CITY approved metaldehyde snail bait.

D. Annual Flowers Replacement
I. General
a. CONTRACTOR shall annually provide and replace plantings in all existing annual beds as necessary to obtain seasonal color.
b. Annual flowers shall be 4-inch pots, planted 8-inches on center. c. CONTRACTOR is responsible for measuring the flower beds and planting the necessary quantity of plants to provide a full effect.
d. Selection of annual flowers must be approved by the CITY.

E. Irrigation System
I. General
a. CONTRACTOR shall provide labor, equipment, and materials for the repair or replacement of sprinklers heads and emitters.
b. Before beginning these maintenance program operations under the provisions of this Agreement, CONTRACTOR shall inspect all installed irrigation systems at each site and shall report damages or malfunctions of any system to CITY. c. It is CITYs objective to actively pursue water conservation within the maintenance program and CITY shall closely monitor the administration and specifications of irrigation.
d. CONTRACTOR shall adjust the irrigation system as necessary to prevent overspray onto paved areas and runoff down the gutters. Multiple repeat cycles shall be utilized as needed to provide best irrigation efficiency.
e. All controller stations shall be legibly labeled inside each controller box. Labeling shall include a description of the areas covered by each station. f. Flushing of systems and cleaning or replacement of all filters within the irrigation system is routine maintenance and shall not be considered extra work. CONTRACTOR shall flush the end of drip lines monthly to remove all dirt buildup. g. Plant material exhibiting signs of wilting due to lack of water shall result in withholding of monthly payment until the problem is corrected. Manual watering will be required as necessary to regain plant vigor at no extra cost to CITY. h. CITY may, at its option, perform repairs in-house.

II. Irrigation Scheduling and Adjustments
a. CONTRACTOR shall program controllers to maintain healthy growing plant material. Each month CONTRACTOR shall provide CITY with a complete written schedule of watering for all controllers.
b. Irrigation schedules shall be coordinated with CITY and shall take place between 9:00 PM and 6:00 a.m., whenever possible. Saturdays, Sundays, afternoons, and early evening are the high public use times. Watering shall not take place Fridays at 7:00 a.m. through Sundays at 9:00 p.m., unless otherwise approved by CITY. c. Drip irrigation systems may be operated during the day. d. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences, and other property that may be damaged by water.
e. In the event that CITY crews are required to adjust irrigation scheduling due to CONTRACTOR’s improper management, CONTRACTOR may be billed CITY staff time and DocuSign Envelope ID: 62BB8AF1-9FED-46AC-AAB5-46AF0BC09D0B Packet Page 826 of 1050Attachment 2 Page 7 of 34

materials.
f. CONTRACTOR shall perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 15th each year, unless otherwise directed by CITY.

III. Water Requirements
a. CONTRACTOR shall ensure watering requirements are met within each landscape area.

CONTRACTOR’s forces shall be capable of performing repairs, installations, and modifications of existing irrigation systems to adequately irrigate all landscaped areas on a year-round basis.
b. CONTRACTOR shall ensure that sprinkler heads are in good operational order, filters are cleaned regularly, and nozzles are replaced when worn or inadequate coverage occurs.

Any minor changes such as vertical or horizontal riser extensions, sprinkler head exchanges, and filter replacements will be considered shall be included in the total value of this contract.

IV. Irrigation Repairs and Replacement
a. CONTRACTOR shall employ only qualified personnel to check irrigation controllers and activate all stations on every controller each week. Repairs and adjustments shall be made at that time. A completed inspection report for each controller shall be given to CITY monthly during required site inspections.
b. All irrigation system repairs, including vandalism shall be completed within 24 hours of CONTRACTOR receiving notification. If repairs cannot be accomplished within the designated time period, CONTRACTOR shall notify CITY immediately of the condition and provide an estimated time of when the repairs will be made. CONTRACTOR shall be responsible for watering the area effected by the irrigation system failure by other means (i.e. hose, etc.) until repairs are completed.
c. CONTRACTOR shall replace all broken irrigation system components with items of the same brand and model, or as approved by CITY.
d. CONTRACTOR shall be responsible for up to five hundred dollars ($500) of materials before mark-up and all labor costs for the repair or replacement of any irrigation system components damaged or missing as a result of vandalism.

V. Controller Repairs
a. Repairs to irrigation controllers shall be CITY’s responsibility. Controllers that are beyond repair will be replaced at CITY’s expense.
b. Automatic controllers and electrical conductors shall be kept operational year-round.

Controllers will be inspected periodically by CITY to ensure that each system’s programming is operational.
c. Controller cabinets shall be maintained clear of debris, nests, snails, and insects.

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d. CONTRACTOR shall recover plant material that demonstrates leaf burning or other forms of chemical harm within 120 days from the date of notification or replace the plant material at its own expense.
e. Fertilizer applications which fail to produce the desired results shall be repeated at CONTRACTOR's own expense.

G. Pest Management
I. Laws and Regulations
a. CONTRACTOR shall comply with all Federal, State, and local laws and regulations governing the use of chemicals for the control of weeds, diseases and pests, including obtaining all the required permits and licenses for the possession and use of pesticides. b. CONTRACTOR shall register with the Solano County Department of Agriculture and shall obtain a Solano County Operator Identification Number for each year of the contract.

CONTRACTOR shall furnish CITY with annual proof of the Solano County registration documents with the Operator Identification Number.
c. Written recommendations from a licensed Pest Control Advisor will be required for all pesticide applications. A copy of these recommendations shall be made available to CITY for approval prior to any work.
d. CONTRACTOR shall permit pesticide applications to be done only by qualified and trained personnel under the supervision of a State licensed pest control operator or certified applicator using recognized and approved materials and methods. e. Employee pesticide training shall comply with the training regulations established by the California Department of Pesticide Regulation.
f. Use of aquatic pesticides, where applicable, shall comply with NPDES and California Department of Fish and Game regulations and must be approved in advance by CITY.

II. General
a. All pesticides must be approved in advance by CITY.
b. CONTRACTOR shall notify CITY prior to all scheduled pesticide applications and shall not receive payment for required applications if such notification has not been provided. c. Pesticide applications which fail to produce the desired results will be repeated at CONTRACTOR’s expense.

III. Rodent Control
a. Trapping shall be the preferred method for rodent control in all landscape areas. b. Use of rodenticides must be approved in advance by CITY and baits must be placed within secured bait stations so as not to create a hazard to persons or pets.

IV. Integrated Pest Management
a. CONTRACTOR shall be provided with a copy of the City of Fairfield Integrated Pest Management (IPM) Policy and shall adhere to the practices contained within the Policy. b. Extremely toxic materials, such as Category I pesticides shall not be used.

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b. All broken glass shall be immediately removed when discovered. c. CONTRACTOR shall keep sidewalks and paved areas swept and free of any dirt or soil that might be washed from adjacent slopes or planted areas.
d. CONTRACTOR shall repair any eroded places on the landscaped area covered by this Agreement by replacement of topsoil to bring such eroded places back to original grade.

The cause of erosion shall be promptly reported to CITY. e. Worksites shall be left orderly and neat upon completion of work. f. Upon notification by CITY, CONTRACTOR shall adjust scheduled site visits and other work to cause minimal impact on planned community activities occurring at each site.

II. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass, and pruning debris.

III. Dust Control
a. CONTRACTOR shall control airborne dust at all times. Dust control shall conform to section 10, “Dust Control,” of the State Standard Specifications. b. All costs associated with dust control are assumed to be included in the contract bid and no additional compensation will be allowed therefore.

I. High Weed Mowing
I. CONTRACTOR shall perform high weed mowing in areas shown in the Area Index Maps section and in accordance with the maintenance schedule attached hereto.

II. Weeds shall be mowed to a height less than four (4) inches.

III. Any weeds/grass left standing along fences or structures after mowing must be cut.

J. Miscellaneous Facilities
Services listed below shall be included in the total value of this contract.

I. Drainage System Areas
a. All drainage systems used for the purposes of rainwater or irrigation water collection, including surface swales, trench drains, V-ditches, catch basins, or gutters shall be maintained in a clean condition free of debris, erosion waste, weeds, or any blockages. b. CONTRACTOR shall not be responsible for natural creeks and streams under this contract.
c. CONTRACTOR shall prevent any material created as a result of performing the work under this Agreement from entering the storm drain system. The storm drain system includes, but is not limited to, the gutter, the roadway, V-ditches, catch basins, creeks, and any underground storm water conduit. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work. d. All concrete-lined ditches within the landscape areas shall be kept clean and clear at all times. The catch basins that these ditches empty into shall be thoroughly cleaned out once per month by the 15th of each month between October 15 to April 15. More frequent cleaning may be required due to heavy rains. Edges should be checked periodically for erosion and damage to concrete structures. Special care will be taken by CONTRACTOR to keep debris out of all basins while V-ditch maintenance is occurring. e. CONTRACTOR shall notify CITY if drainage system is blocked by any offsite debris or erosion waste. Correction of the blockage will be coordinated by CITY. CONTRACTOR DocuSign Envelope ID: 62BB8AF1-9FED-46AC-AAB5-46AF0BC09D0B Packet Page 829 of 1050Attachment 2 Page 10 of 34

shall be entitled to additional compensation if CONTRACTOR performs works to correct blockage at CITY’s request.

II. Erosion Control
a. CONTRACTOR shall not be responsible for structural maintenance or repair or replacement of swales and drain lines except for such structural maintenance, repair, or replacement resulting from damage caused by CONTRACTOR or its agents. b. Erosion resulting from failure to maintain properly rooted plant material on slopes shall be the responsibility of CONTRACTOR to correct and to accomplish necessary cleanups. c. Erosion resulting from major storm damage that requires major slope reconstruction and/or installation of additional drainage facilities shall be the responsibility of others.

III. Sidewalks and Driveways
a. Debris and silt shall be immediately removed from sidewalks, gutters and driveways.

IV. Gravel Access Roads
a. CONTRACTOR shall apply pre-emergent herbicide on gravel access roads and keep the roads litter and weed free.

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3. MAINTENANCE SCHEDULE

All schedules are subject to change at the pleasure of CITY or due to weather and other considerations.

LAWN AND HARD FESCUE CARE FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Mow Weekly
Edging Weekly
Spot weed control Weekly
Hard Fescue (no-mow Fescue) edging 4x per year in February, May, September, and November
Hard Fescue (no-mow Fescue) seed head
removal
2x per year in June and July
Aeration and renovation 2x per year in March and September Pre-emergent weed control for broadleaf and
grassy weeds
4x per year in March, May, August, and November
Post-emergent weed control for broadleaf
and grassy weeds
4x per year in March, May, August, and November
Disease, insect, and rodent infestation control Monthly Fertilization 4x per year in March and September (within one week after aeration) and in May and November

TREE CARE FREQUENCY
Leaf, litter, and trash removal Monthly
Walkway and street clearance As needed
Pruning 2x per year in March and December
(Additional $102/hr)
Staking/removal/re-bracing As needed (Additional $102/hr) Dead and damaged branch removal As needed (Additional $102/hr) Removal As needed (Additional $102/hr)

SHRUBS AND GROUNDCOVER CARE FREQUENCY
Leaf, litter, and trash removal Weekly
Weed control Weekly
Shrub pruning 3x per year in April/May, July/August, and October/November
Mow Vinca and Hypericum 2x per year in March and September Prune & edge groundcover 4x per year in February, May, September, and November
Fertilization 4x per year in February, April, July, and October in areas covered by overhead irrigation
2x per year in February and November in areas
covered by drip irrigation
Pre-emergent weed control 4x per year in February, May, August, and November in areas covered by overhead irrigation
2x per year in February and November in areas
covered by drip irrigation
Pest and disease control As needed

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ANNUAL FLOWERS FREQUENCY
Replacements 3x per year in March, June, and December

IRRIGATION SYSTEM FREQUENCY
System checks Weekly
Sprinkler emitter repairs Within 24-hours (business days) of notification Clean pump filters As needed, at least 4x per year (once per quarter)

GRAVEL ACCESS ROADS FREQUENCY
Leaf, litter, and trash removal Weekly
Pre-emergent 2x per year in February and November
Weed Control Weekly

MISCELLANEOUS FACILITIES FREQUENCY
High weed mowing in undeveloped areas 3x per year in April, June, September V-ditch/drain inlet cleaning Weekly between October 15 and April 15

PAVED AREAS FREQUENCY
Leaf, litter, and trash removal Weekly

SITE CONSIDERATIONS FREQUENCY
Site Inspections with CITY At least once per month

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4. AREA MAPS INDEX

A. Map 1

= Maintenance Area

= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device

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B. Map 2

= Maintenance Area

= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device

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C. Map 3

= Maintenance Area

= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device

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D. Map 4

= Maintenance Area

= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device

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E. Map 5

= Maintenance Area

= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device

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F. Map 6

= Maintenance Area

= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device

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G. Map 7

= Maintenance Area

= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device

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EXHIBIT “B”

PAYMENT

1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $532,282.
2) Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice. Final invoice to be submitted on completion of scope of work set forth in Exhibit “A”. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to by the CITY and CONTRACTOR and shall be billed on a time and materials basis to the City of Fairfield.

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EXHIBIT “C”

GENERAL PROVISIONS
1) INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent Contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that CONTRACTOR has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONTRACTOR to practice CONTRACTOR's profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR 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 CONTRACTOR to practice his profession.
3) TIME. CONTRACTOR shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement.

CONTRACTOR shall adhere to the Schedule of Activities as described in their Executive Summary. 4) CONTRACTOR NOT AN AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.

CONTRACTOR 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. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All products which CONTRACTOR 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 CONTRACTOR's profession. CITY shall be the sole judge as to whether the product of the CONTRACTOR is satisfactory. 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONTRACTOR. CONTRACTOR 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. CONTRACTOR shall be entitled to no further compensation for work 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.

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9) PRODUCTS OF CONSULTING. All products of the CONTRACTOR created under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS. CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officers, agents, employees and volunteers 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 CONTRACTOR or any person directly or indirectly employed by or acting as agent for CONTRACTOR in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY, its officers, agents, employees or volunteers.

It is understood that the duty of CONTRACTOR 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 CONTRACTOR 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.
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. 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) CONTRACTOR NOT A PUBLIC OFFICIAL. CONTRACTOR is not a "public official" for purposes of Government Code §§ 87200 et seq. CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR in the amount of $600 (six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONTRACTOR 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 CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the DocuSign Envelope ID: 62BB8AF1-9FED-46AC-AAB5-46AF0BC09D0B Packet Page 842 of 1050Attachment 2 Page 23 of 34

full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONTRACTOR is doing business as other than a sole proprietorship, CONTRACTOR shall provide CONTRACTOR’s federal tax identification number. 15) LABOR AND WAGE CODE GUIDELINES. Attention is directed to Section 1777.5 of the Labor Code as it applies to Apprenticeship Standards.

The general prevailing wage rates for each craft, classification, or type of workman shall be determined by the Director of Industrial Relations (available online at http://www.dir.ca.gov/dlsr/PWD/index.html - select the appropriate wage decision and then collect the wage decisions for Statewide, Northern California and Solano County). A copy of these wage rate determination are kept on file are available for review at the Office of the City Engineer located at 1000 Webster Street.

In accordance with the provisions of Section 1860 of the California labor Code, attention is directed to the requirement that in accordance with the provisions of Section 3700 of the California Labor Code, every contactor will be required to secure the payment of compensation of his or her employees.

Attention is directed to the Federal Minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rates. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rates, which most closely approximates the duties of the employees in question.

16) CONTRACT BONDS. The Contractor shall furnish one good and sufficient bond in compliance with applicable federal and state laws. The bond shall be a payment (labor and material) bond in the amount of one hundred percent (100%) of the contract price and shall remain in full force and effect for a period of six (6) months from and after the contract termination date to guarantee the payment of labor and materials. The bond shall be in the form set forth in the Articles of Agreement Section.

Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done.

Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

The City Engineer before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds.

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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 $2,000,000 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 $2,000,000 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 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:

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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 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.

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PAYMENT BOND
(LABOR AND MATERIALS)
(include if project is over $25k)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Fairfield (“City”) has awarded to

(Name and address of Contractor)
(“Contractor”), a contract (the “Contract”) for the work described as follows:

LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 14 – WOODLAKE
WHEREAS, Contractor is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of five hundred thirty-two thousand two hundred eighty-two dollars ($532,282), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Contractor, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court.

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FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.

IN WITNESS WHEREOF this instrument shall for all purposes be deemed an original hereof, have been duly executed by Contractor and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Contractor” “Surety”

By: By:

Title Title
By: By:

Title Title
(Seal) (Seal)
Note: This bond must be executed and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

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CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the trustfulness, accuracy, or validity of that document.

State of California ) County of ____________________________ )
On ________________________ before me, _______________________________________, Date Here Insert Name and Title of the Officer Personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________ Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledgment to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ____________________________ Document Date: ____________ Number of Pages: _______ Signer(s) Other Than Named Above: ________________________ Capacity(ies) Claimed by Signer(s)
Signer’s Name: ________________________
 Corporate Officer – Title(s):_____________
 Partner –  Limited  General
 Individual  Attorney in Fact
 Trustee  Guardian or Conservator
 Other: ______________________________
Signer Is Representing: __________________
_____________________________________
Signer’s Name: ________________________
 Corporate Officer – Title(s):_____________
 Partner –  Limited  General
 Individual  Attorney in Fact
 Trustee  Guardian or Conservator
 Other: ______________________________
Signer Is Representing: __________________
_____________________________________

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Certificate Of Completion
Envelope Id: 62BB8AF19FED46ACAAB546AF0BC09D0B Status: Completed Subject: Complete with DocuSign: TerraCare Agreement for LLMD No. 14 - Woodlake (Final).docx Source Envelope:

Document Pages: 29 Signatures: 1 Envelope Originator:

Certificate Pages: 5 Initials: 0 Christiana Lewis
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
11/28/2022 12:12:57 PM
Holder: Christiana Lewis
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Fairfield Location: DocuSign Signer Events Signature Timestamp
Brian Helgoe
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.204.22.44
Signed using mobile
Sent: 11/28/2022 12:14:04 PM
Viewed: 11/28/2022 1:24:58 PM
Signed: 11/28/2022 4:06:58 PM
Electronic Record and Signature Disclosure:

Accepted: 11/28/2022 4:06:39 PM
ID: c583279b-3c71-4e3a-9dd4-8c9db67d89b9
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 Mortensen
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/28/2022 12:14:05 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Gary Sponsler
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/28/2022 12:14:05 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Packet Page 849 of 1050Attachment 2 Page 30 of 34

Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/28/2022 12:14:05 PM
Certified Delivered Security Checked 11/28/2022 1:24:58 PM Signing Complete Security Checked 11/28/2022 4:06:58 PM Completed Security Checked 11/28/2022 4:06:58 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Packet Page 850 of 1050Attachment 2 Page 31 of 34

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: Brian Helgoe
Packet Page 851 of 1050Attachment 2 Page 32 of 34

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 852 of 1050Attachment 2 Page 33 of 34

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.

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LLMD NO. 14 ‐ WOODLAKE
ORGANIZATION CODE: 182‐60‐107
FY 2022‐2023 APPROVED BUDGET AND REQUESTED ADJUSTMENT
OBJECT FY22‐23 As Approved FY22‐23 As Adjusted Difference 7311 ‐ DEVELOPERS CONTRIBUTIONS ‐$ ‐ ‐ 6106 ‐ SPECIAL ASSESSMENTS 284,012$ 284,012 ‐ 6401 ‐ INT INC ON POOLED INVESTMENTS 16,138$ 16,138 ‐ 7601 ‐ TRANS IN GENERAL FUND 011 16,646$ 16,646 ‐ TOTAL REVENUE 316,796$ 316,796 ‐ 8101 ‐ SALARIES (22,139)$ (22,139) ‐ 8103 ‐ OVERTIME ‐$ ‐ ‐ 8105 ‐ LEAVE TIME (3,844)$ (3,844) ‐ 8107 ‐ EMERGENCY PAID SICK LEAVE ‐$ ‐ ‐ 8111 ‐ BUDGETED SALARY SAVINGS 1,629$ 1,629 ‐ 8201 ‐ LEAVE PAYOFFS ‐$ ‐ ‐ 8209 ‐ SOCIAL SECURITY TAXES (382)$ (382) ‐ 8210 ‐ DEFERRED COMPENSATION (1,183)$ (1,183) ‐ 8211 ‐ ICMA VANTAGECARE RETIREE HLTH (156)$ (156) ‐ 8212 ‐ POB ER RATE (1,366)$ (1,366) ‐ 8219 ‐ UNIFORM/EQUIP/BOOT/AUTO (30)$ (30) ‐ 8220 ‐ MEDICAL/DENTAL/VISION (4,903)$ (4,903) ‐ 8221 ‐ DENTAL AND VISION (308)$ (308) ‐ 8231 ‐ BUDGETED BENEFITS SAVINGS 1,223$ 1,223 ‐ 8235 ‐ LIFE/DISABILITY INSURANCE (85)$ (85) ‐ 8238 ‐ SPECIAL COMPENSATION ‐$ ‐ ‐ 8240 ‐ PERS‐MISCELLANEOUS‐CLASSIC (2,581)$ (2,581) ‐ 8241 ‐ PERS‐MISCELLANEOUS‐PEPRA ‐$ ‐ ‐ 8242 ‐ PERS‐MISCELLANEOUS‐UNFUND LIAB (5,995)$ (5,995) ‐ 8334 ‐ STREET LIGHTS (5,150)$ (5,150) ‐ 8404 ‐ WEED ABATEMENT (3,000)$ (3,000) ‐ 8405 ‐ LANDSCAPE MAINTENANCE (59,000)$ (267,000) (208,000) 8441 ‐ OTHER CONTRACTUAL SERVICES ‐$ ‐ ‐ 8702 ‐ PG&E‐ELECTRICITY (5,665)$ (5,665) ‐ 8704 ‐ WATER SERVICES (65,000)$ (65,000) ‐ 8803 ‐ PRINTING ISF CHGS ‐$ ‐ ‐ 8814 ‐ WC INSURANCE CHARGES (475)$ (475) ‐ 8830 ‐ VACATION/SICK LEAVE CHARGES (2,091)$ (2,091) ‐ 8911 ‐ OTHER CONSULTING SERVICES (12,000)$ (12,000) ‐ 9003 ‐ ADVERTISING (361)$ (361) ‐ 9038 ‐ COUNTY ADMIN EXPENSES (3,000)$ (3,000) ‐ 9505 ‐ PJCT CST‐CONSTRUCTION ‐$ ‐ ‐ 9512 ‐ PJCT CST‐REP/MAINT‐DISTRICTS (50,000)$ (50,000) ‐ 8836 ‐ COST ALLOCATION ‐$ ‐ ‐ TOTAL EXPENSE (245,862)$ (453,862) (208,000) NET SURPLUS/DEFICIT 70,935$ (137,066) BEGINNING FUND BALANCE 1,573,955$ 1,573,955 MKT VAL‐UNREALIZED GAIN/LOSS (15,000)$ (15,000) NET SURPLUS / DEFICIT 70,935$ (137,066) ENDING FUND BALANCE 1,629,890$ 1,421,890 Packet Page 854 of 1050Attachment 3 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-328

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A CONTRACTOR

SERVICE AGREEMENT WITH TERRACARE ASSOCIATES FOR LANDSCAPE MAINTENANCE SERVICES AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2022-2023 BUDGET FOR THE

LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT
NO. 17 – CHADBOURNE-BECK-CORDELIA

WHEREAS, the previous service agreement with New Image Landscape Company (New Image) for landscape maintenance in Landscaping and Lighting Maintenance District (LLMD) No. 17 – Chadbourne-Beck-Cordelia expired on December 31, 2021, and

WHEREAS, New Image declined the option to renew the agreement in accordance with Section 7 of the contract, and

WHEREAS, landscape services are being provided a on a month-to-month basis under an existing open service contract; and

WHEREAS, staff requested proposals from New Image, Odyssey Landscaping Company, and TerraCare Associates (TerraCare) for a two-year landscape maintenance services agreement and TerraCare was determined to be the most qualified service provider; and

WHEREAS, pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenance services may be let on the basis of demonstrated competence and professional qualifications; and

WHEREAS, funding for these services requires a budget adjustment to fiscal year (FY) 2022- 2023 LLMD No. 17 – Chadbourne-Beck-Cordelia budget.

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 contractor services agreement (Agreement) substantially in the form attached between the City of Fairfield and TerraCare Associates for landscape maintenance services in the LLMD No. 17 – Chadbourne-Beck-Cordelia in the amount of $458,074 for an initial 24-month term beginning January 1, 2023, and ending December 31, 2024.

Section 2. The city manager is hereby authorized to extend the Agreement for up to two additional terms of up to 24 months each term including a negotiated scope of work and compensation adjustment not-to-exceed the June San Francisco-Oakland-Hayward Consumer Packet Page 855 of 1050Attachment 4 Page 1 of 2

RES. NO. 2022-328

Page 2 ends

Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written agreement of both parties.

Section 3. The public works director is authorized and directed to do all things necessary to implement the Agreement.

Section 4. The council hereby approves a budget adjustment of $115,000 increasing appropriations for landscape maintenance in the LLMD No. 17 – Chadbourne-Beck-Cordelia Fund (Organization Code 167-60-107) offset by the use of the available fund balance.

PASSED AND ADOPTED this 6th day of December, 2022, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK

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CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 17 – CHADBOURNE-BECK-CORDELIA

CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.”

3) FACILITIES AND EQUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

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EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:

David Gassaway, Interim City Manager

TerraCare Associates

By:

Brian Helgoe, CEO
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EXHIBIT “A”

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES

Landscaping and Lighting Maintenance District No. 17 – Chadbourne-Beck-Cordelia located south of Highway 12 and east of Interstate 80. Refer to the Area Index Maps. CONTRACTOR should conduct an independent field survey for exact measurement.

2. DESCRIPTION OF SERVICES

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IV. Aeration and Renovation
a. Lawn and Hard Fescue areas shall be aerated using a coring tine aerator (plugger) and shall be renovated as necessary to retain health and quality. b. Frequency of aeration shall be adjusted to maintain appropriate water penetration. c. All sprinkler heads, quick couplers, and other obscure features in lawn area shall be flagged prior to aeration.
d. CONTRACTOR shall make multiple passes with aerating device to ensure that holes are no more than six (6) inches apart.
e. Tines shall penetrate at least 2 ½ inches deep. Plug removal is not necessary. f. Immediately following aeration, CONTRACTOR shall bring bare patches and depressions to grade level and reseed the area.
g. CONTRACTOR must provide prior notification of planned turf renovation to receive payment for the work.

V. Turf Replacement
a. CONTRACTOR shall remove and replace dead or irreparably damaged turf at its own expense if such death or damage is caused by any source other than major vandalism where the cost of replacement materials exceeds five hundred dollars ($500) before mark-up.
b. CONTRACTOR shall be responsible for up to five hundred dollars ($500) of materials before mark-up and all labor costs for the repair or replacement of any turf damaged as a result of vandalism.
c. CONTRACTOR shall remove damaged turf and replace with sod within two weeks of a major vandalism event.

VI. Tree Wells
a. Tree wells in lawn shall be maintained free of turf, weeds, and all debris at all times.

VII. Pest Control
a. Lawn areas shall be kept free of weeds.
b. CONTRACTOR shall identify and control turf diseases and infestations of weeds, insects, or rodents in a timely manner.
c. CONTRACTOR shall apply a pre-emergent herbicide to control broad leaf and grassy weeds.
d. CONTRACTOR shall spot treat with a post-emergent herbicide to eradicate emerged broad leaf and grassy weeds.
e. CONTRACTOR shall exercise extreme care in the use of herbicides and insecticides to avoid harm to non-target plants, as well as non-target insects, such as bees. f. In the event a pest control method is unsuccessful, CONTRACTOR shall reapply or perform new pest control methods at CONTRACTOR's expense to correct failed treatments.
g. CONTRACTOR must provide prior notification of planned turf renovation to receive payment for the work.

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VIII. Irrigation
a. CONTRACTOR shall immediately correct excessive or inadequate watering upon notification by CITY.
b. Watering shall be completed between the hours of 9pm and 6am as operationally feasible.
c. CONTRACTOR shall prevent runoff and ponding by setting irrigation controllers repeat cycling, where possible, to allow water to absorb.

IX. Fertilizer Application
a. CONTRACTOR shall apply fertilizer in accordance with the maintenance schedule attached hereto and the fertilizer standards herein. All changes must be coordinated with CITY.

B. Tree Care
CONTRACTOR shall be responsible for all tree maintenance.

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VI. Weed Control
a. CONTRACTOR shall perform weed control in all shrub and ground cover areas.

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(iv) CONTRACTOR may use a tank mix of two or more herbicides to achieve the desired spectrum of control.
d. Snails and slugs shall be controlled with the use of CITY approved metaldehyde snail bait.

roadways, walkways, buildings, signs, fences, and other property that may be damaged by water.
e. In the event that CITY crews are required to adjust irrigation scheduling due to CONTRACTOR’s improper management, CONTRACTOR may be billed CITY staff time and materials.
f. CONTRACTOR shall perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 15th each year, unless otherwise directed by CITY.

III. Water Requirements
a. CONTRACTOR shall ensure watering requirements are met within each landscape area.

Any minor changes such as vertical or horizontal riser extensions, sprinkler head exchanges, and filter replacements will be considered shall be included in the total value of this contract.

Controllers will be inspected periodically by CITY to ensure that each system’s programming is operational.
c. Controller cabinets shall be maintained clear of debris, nests, snails, and insects.

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F. Fertilizer Standards
a. A balanced slow-release fertilizer with micro-nutrients is the minimum requirement for all applications.
b. Fertilizer selection must be approved by CITY.
c. CONTRACTOR must provide prior notification of planned fertilizer applications to receive payment for the application.
d. CONTRACTOR shall recover plant material that demonstrates leaf burning or other forms of chemical harm within 120 days from the date of notification or replace the plant material at its own expense.
e. Fertilizer applications which fail to produce the desired results shall be repeated at CONTRACTOR's own expense.

IV. Integrated Pest Management
a. CONTRACTOR shall be provided with a copy of the City of Fairfield Integrated Pest DocuSign Envelope ID: 6FBB0753-9382-4058-A4D5-1BFA987B5C0C Packet Page 865 of 1050Attachment 5 Page 9 of 35

Management (IPM) Policy and shall adhere to the practices contained within the Policy. b. Extremely toxic materials, such as Category I pesticides shall not be used.

H. General Maintenance and Cleanup
I. General
a. CONTRACTOR shall collect all mowed grass, clippings, trimmings, cuttings, rubbish and debris at each site covered by this Agreement and shall remove the same promptly from each site and dispose of same in a lawful manner at CONTRACTOR’s expense. b. All broken glass shall be immediately removed when discovered. c. CONTRACTOR shall keep sidewalks and paved areas swept and free of any dirt or soil that might be washed from adjacent slopes or planted areas.
d. CONTRACTOR shall repair any eroded places on the landscaped area covered by this Agreement by replacement of topsoil to bring such eroded places back to original grade.

II. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass, and pruning debris.

I. Miscellaneous Facilities
Services listed below shall be included in the total value of this contract.

I. Drainage System Areas
a. All drainage systems used for the purposes of rainwater or irrigation water collection, including surface swales, trench drains, V-ditches, catch basins, or gutters shall be maintained in a clean condition free of debris, erosion waste, weeds, or any blockages. b. CONTRACTOR shall not be responsible for natural creeks and streams under this contract.
c. CONTRACTOR shall prevent any material created as a result of performing the work under this Agreement from entering the storm drain system. The storm drain system includes, but is not limited to, the gutter, the roadway, V-ditches, catch basins, creeks, and any underground storm water conduit. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work. d. All concrete-lined ditches within the landscape areas shall be kept clean and clear at all times. The catch basins that these ditches empty into shall be thoroughly cleaned out once per month by the 15th of each month between October 15 to April 15. More frequent cleaning may be required due to heavy rains. Edges should be checked DocuSign Envelope ID: 6FBB0753-9382-4058-A4D5-1BFA987B5C0C Packet Page 866 of 1050Attachment 5 Page 10 of 35

periodically for erosion and damage to concrete structures. Special care will be taken by CONTRACTOR to keep debris out of all basins while V-ditch maintenance is occurring. e. CONTRACTOR shall notify CITY if drainage system is blocked by any offsite debris or erosion waste. Correction of the blockage will be coordinated by CITY. CONTRACTOR shall be entitled to additional compensation if CONTRACTOR performs works to correct blockage at CITY’s request.

III. Sidewalks and Driveways
a. Debris and silt shall be immediately removed from sidewalks, gutters and driveways.

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3. MAINTENANCE SCHEDULE

All schedules are subject to change at the pleasure of CITY or due to weather and other considerations.

LAWN AND HARD FESCUE CARE FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Mow Weekly
Edging Weekly
Spot weed control Weekly
Aeration and renovation 2x per year in March and September Pre-emergent weed control for broadleaf and
grassy weeds
4x per year in March, May, August, and November
Post-emergent weed control for broadleaf
and grassy weeds
4x per year in March, May, August, and November
Disease, insect, and rodent infestation control As needed Fertilization 4x per year in March and September (within one week after aeration) and in May and November

TREE CARE FREQUENCY
Leaf, litter, and trash removal Weekly
Walkway and street clearance As needed
Pruning 2x per year in March and December
(Additional $102/hr)
Staking/removal/re-bracing As needed (Additional $102/hr) Dead and damaged branch removal As needed (Additional $102/hr) Removal As needed (Additional $102/hr)

SHRUBS AND GROUNDCOVER CARE FREQUENCY
Leaf, litter, and trash removal Weekly
Weed control Weekly
Shrub pruning 3x per year in April/May, July/August, and October/November
Prune & edge groundcover 4x per year in February, May, September, and November
Fertilization 4x per year in February, April, July, and October in areas covered by overhead irrigation
2x per year in February and November in areas
covered by drip irrigation
Pre-emergent weed control 4x per year in February, May, August, and November in areas covered by overhead irrigation
2x per year in February and November in areas
covered by drip irrigation
Pest and disease control As needed

ANNUAL FLOWERS FREQUENCY
Replacements 3x per year in March, June, and December

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IRRIGATION SYSTEM FREQUENCY
System checks Weekly
Sprinkler emitter repairs Within 24-hours (business days) of notification Clean pump filters As needed, at least 4x per year (once per quarter)

PAVED AREAS FREQUENCY
Leaf, litter, and trash removal Weekly
Weed Control Weekly

SITE CONSIDERATIONS FREQUENCY
Site Inspections with CITY At least once per month

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4. AREA MAPS INDEX

Beck Avenue ...............................................................................................................................AM–1 Beck Avenue ...............................................................................................................................AM–2 Beck Avenue ...............................................................................................................................AM–3 Courage Drive .............................................................................................................................AM–4 Courage Drive .............................................................................................................................AM–5 Courage Drive.. ...........................................................................................................................AM–6 Courage Drive .............................................................................................................................AM–7 Courage Drive .............................................................................................................................AM–8 Chadbourne Road. ......................................................................................................................AM–9 Chadbourne Road. ....................................................................................................................AM–10 Chadbourne Road .....................................................................................................................AM–11 Cordelia Road ...........................................................................................................................AM–12 Cordelia Road ...........................................................................................................................AM–13

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Beck Avenue

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller

Beck Avenue

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller

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Beck Avenue

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller

Courage Drive

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller

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Courage Drive

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller

Courage Drive

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller
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Courage Drive

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller

Courage Drive

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller

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Chadbourne Road

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller

Chadbourne Road

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller

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Chadbourne Road

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller

Cordelia Road

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller

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Cordelia Road

= Maintenance Area

= Irrigation Backflow
= Irrigation Controller

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EXHIBIT “B”

PAYMENT

1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $458,074.
2) Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice. Final invoice to be submitted on completion of scope of work set forth in Exhibit “A”. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to by the CITY and CONTRACTOR and shall be billed on a time and materials basis to the City of Fairfield.

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EXHIBIT “C”

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

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) CONTRACTOR NOT A PUBLIC OFFICIAL. CONTRACTOR is not a "public official" for purposes of Government Code §§ 87200 et seq. CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR in the amount of $600 (six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONTRACTOR 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 CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the DocuSign Envelope ID: 6FBB0753-9382-4058-A4D5-1BFA987B5C0C Packet Page 880 of 1050Attachment 5 Page 24 of 35

Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

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EXHIBIT “D”

Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.

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PAYMENT BOND
(LABOR AND MATERIALS)
(include if project is over $25k)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Fairfield (“City”) has awarded to

(Name and address of Contractor)
(“Contractor”), a contract (the “Contract”) for the work described as follows:

LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 17 – CHADBOURNE-BECK-CORDELIA
WHEREAS, Contractor is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of four hundred fifty-eight thousand seventy-four dollars ($458,074), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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Dated:

“Contractor” “Surety”

By: By:

Title Title
By: By:

Title Title
(Seal) (Seal)
Note: This bond must be executed and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

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Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

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Certificate Of Completion
Envelope Id: 6FBB075393824058A4D51BFA987B5C0C Status: Completed Subject: Complete with DocuSign: TerraCare Agreement for LLMD No. 17 - CBC (Final).docx Source Envelope:

Document Pages: 30 Signatures: 1 Envelope Originator:

Certificate Pages: 5 Initials: 0 Christiana Lewis
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
11/28/2022 12:14:08 PM
Holder: Christiana Lewis
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Fairfield Location: DocuSign Signer Events Signature Timestamp
Brian Helgoe
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.204.22.44
Signed using mobile
Sent: 11/28/2022 12:15:21 PM
Viewed: 11/28/2022 12:57:36 PM
Signed: 11/28/2022 4:07:30 PM
Electronic Record and Signature Disclosure:

Accepted: 11/28/2022 4:07:18 PM
ID: e17292c5-925f-4ba0-b286-d31d57f8c702
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 Mortensen
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/28/2022 12:15:22 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Gary Sponsler
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/28/2022 12:15:22 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Packet Page 887 of 1050Attachment 5 Page 31 of 35

Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/28/2022 12:15:22 PM
Certified Delivered Security Checked 11/28/2022 12:57:36 PM Signing Complete Security Checked 11/28/2022 4:07:30 PM Completed Security Checked 11/28/2022 4:07:30 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Packet Page 888 of 1050Attachment 5 Page 32 of 35

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LLMD NO. 17 ‐ CHADBOURNE‐BECK‐CORDELIA (CBC)
ORGANIZATION CODE: 167‐60‐107
FY 2022‐2023 APPROVED BUDGET AND REQUESTED ADJUSTMENT
OBJECT FY22‐23 As Approved FY22‐23 As Adjusted Difference 7225 ‐ INSURANCE RECOVERIES ‐$ ‐ ‐ 6106 ‐ SPECIAL ASSESSMENTS 280,293$ 280,293 ‐ 6401 ‐ INT INC ON POOLED INVESTMENTS 8,406$ 8,406 ‐ 7601 ‐ TRANS IN GENERAL FUND 011 ‐$ ‐ ‐ TOTAL REVENUE 288,699$ 288,699 ‐ 8101 ‐ SALARIES (18,978)$ (18,978) ‐ 8103 ‐ OVERTIME ‐$ ‐ ‐ 8105 ‐ LEAVE TIME (2,993)$ (2,993) ‐ 8107 ‐ EMERGENCY PAID SICK LEAVE ‐$ ‐ ‐ 8111 ‐ BUDGETED SALARY SAVINGS 1,378$ 1,378 ‐ 8201 ‐ LEAVE PAYOFFS ‐$ ‐ ‐ 8209 ‐ SOCIAL SECURITY TAXES (320)$ (320) ‐ 8210 ‐ DEFERRED COMPENSATION (659)$ (659) ‐ 8211 ‐ ICMA VANTAGECARE RETIREE HLTH (132)$ (132) ‐ 8212 ‐ POB ER RATE (1,155)$ (1,155) ‐ 8219 ‐ UNIFORM/EQUIP/BOOT/AUTO (26)$ (26) ‐ 8220 ‐ MEDICAL/DENTAL/VISION (4,734)$ (4,734) ‐ 8221 ‐ DENTAL AND VISION (285)$ (285) ‐ 8231 ‐ BUDGETED BENEFITS SAVINGS 1,061$ 1,061 ‐ 8235 ‐ LIFE/DISABILITY INSURANCE (68)$ (68) ‐ 8238 ‐ SPECIAL COMPENSATION ‐$ ‐ ‐ 8240 ‐ PERS‐MISCELLANEOUS‐CLASSIC (2,326)$ (2,326) ‐ 8241 ‐ PERS‐MISCELLANEOUS‐PEPRA ‐$ ‐ ‐ 8242 ‐ PERS‐MISCELLANEOUS‐UNFUND LIAB (5,070)$ (5,070) ‐ 8405 ‐ LANDSCAPE MAINTENANCE (115,000)$ (230,000) (115,000) 8441 ‐ OTHER CONTRACTUAL SERVICES ‐$ ‐ ‐ 8702 ‐ PG&E‐ELECTRICITY (2,000)$ (2,000) ‐ 8704 ‐ WATER SERVICES (180,000)$ (180,000) ‐ 8814 ‐ WC INSURANCE CHARGES (407)$ (407) ‐ 8830 ‐ VACATION/SICK LEAVE CHARGES (1,791)$ (1,791) ‐ 8911 ‐ OTHER CONSULTING SERVICES (12,000)$ (12,000) ‐ 9003 ‐ ADVERTISING (309)$ (309) ‐ 9505 ‐ PJCT CST‐CONSTRUCTION ‐$ ‐ ‐ 9512 ‐ PJCT CST‐REP/MAINT‐DISTRICTS (25,000)$ (25,000) ‐ 8836 ‐ COST ALLOCATION ‐$ ‐ ‐ 9038 ‐ COUNTY ADMIN EXPENSES (2,971)$ (2,971) ‐ TOTAL EXPENSE (373,785)$ (488,785) (115,000) NET SURPLUS/DEFICIT (85,086)$ (200,086) BEGINNING FUND BALANCE 948,082$ 948,082 MKT VAL‐UNREALIZED GAIN/LOSS (14,000)$ (14,000) NET SURPLUS / DEFICIT (85,086)$ (200,086) ENDING FUND BALANCE 848,996$ 733,996 Packet Page 892 of 1050Attachment 6 Page 1 of 1

Agenda Item No: 22.

AGENDA REPORT
DATE:December 6, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022329 of the City Council of the City of Fairfield Approving an Amendment to Resolution 200823 Revising the Fairfield Youth Commission RECOMMENDED ACTION
Adopt resolution amending Resolution 200823.

STATEMENT OF ISSUE
Several of the previous items listed within Exhibit A to Resolution 200823 are no longer relevant, i.e., in December of 2021 the City Council eliminated term limits for all boards, commissions and committees.

The proposed resolution revises the structure and duties of the Fairfield Youth Commission (YC) to, in part, concur with the removal of term limits for its commission members.

DISCUSSION
In early 2022, the YC formed a subcommittee to review and update their Youth Commission Handbook and to amend Resolution No. 200823.

In midJuly 2022, the Parks and Recreation Department hosted a halfday Youth Commission Retreat and Orientation. The Parks and Recreation Director provided the YC a review of parliamentary procedure and general overview of the Commission’s current practices. The subcommittee cochairs led a thorough review of their recommended revisions to the Handbook and Resolution.

At their regular meeting in September 2022, the Youth Commission unanimously approved those recommendations and directed staff to submit the revised Resolution to City Council for adoption. The Youth Commission Handbook is an administrative resource and does not require Council action.

Attached to this staff report as Attachment 2 is Exhibit A which is the full revision of the Exhibit A attached to Resolution 200823 to better convey the YC’s member structure, term, and role.

FINANCIAL IMPACT
There is no financial impact.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Packet Page 893 of 1050

Agenda Item No: 22.AGENDA REPORTDATE:December 6, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022329 of the City Council of the City of Fairfield Approving anAmendment to Resolution 200823 Revising the Fairfield Youth CommissionRECOMMENDED ACTIONAdopt resolution amending Resolution 200823.STATEMENT OF ISSUESeveral of the previous items listed within Exhibit A to Resolution 200823 are no longer relevant, i.e., inDecember of 2021 the City Council eliminated term limits for all boards, commissions and committees.The proposed resolution revises the structure and duties of the Fairfield Youth Commission (YC) to, inpart, concur with the removal of term limits for its commission members.DISCUSSIONIn early 2022, the YC formed a subcommittee to review and update their Youth Commission Handbookand to amend Resolution No. 200823. In midJuly 2022, the Parks and Recreation Department hosted a halfday Youth Commission Retreatand Orientation. The Parks and Recreation Director provided the YC a review of parliamentaryprocedure and general overview of the Commission’s current practices. The subcommittee cochairsled a thorough review of their recommended revisions to the Handbook and Resolution. At their regular meeting in September 2022, the Youth Commission unanimously approved thoserecommendations and directed staff to submit the revised Resolution to City Council for adoption. TheYouth Commission Handbook is an administrative resource and does not require Council action. Attached to this staff report as Attachment 2 is Exhibit A which is the full revision of the Exhibit Aattached to Resolution 200823 to better convey the YC’s member structure, term, and role.FINANCIAL IMPACTThere is no financial impact.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The language in the proposed resolution was established through work sessions with the YC. The final draft was approved at the YC meeting on September 12, 2022.

ALTERNATIVE ACTION
Provide staff direction as appropriate.

STAFF CONTACT
Kristina Kaunzinger, Director of Parks & Recreation
(707) 4287470
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Revised Exhibit "A" to the Proposed Resolution Attachment 3: Youth Commission Letter to Council
Attachment 4: Resolution No. 200823
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 11/28/2022 3:29 PM
Packet Page 894 of 1050

CITY OF FAIRFIELD

RESOLUTION NO. 2022-329

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING AN AMENDMENT TO RESOLUTION 2008-23 REVISING THE FAIRFIELD YOUTH COMMISSION

WHEREAS, on December 19, 1995, the Fairfield City Council adopted Resolution 95 -278, approving the establishment of a Fairfield Youth Commission; and

WHEREAS, on February 20, 1996, the Fairfield City Council adopted Resolution 96 -30, which amended Exhibit A (Role of the Fairfield Youth Commission) attached to the aforementioned Resolution 95-278; and

WHEREAS, on January 18, 2005, the Fairfield City Council adopted Resolution 2005-22 making minor revisions to Resolution 95-278 and 96-30 (which is erroneously noted as “Resolution 96- 80” in Resolution 2005-22); and

WHEREAS, on February 5, 2008, the Fairfield City Council adopted Resolution 2008-23, which amended the revised Exhibit A (Role of the Fairfield Youth Commission) attached to the aforementioned Resolution 2005-22; and

WHEREAS, in December of 2021, the City Council eliminated term limits for all boards, commissions, and committees; and

WHEREAS, the Youth Commission and City staff believe further revisions to the “Role of the Fairfield Youth Commission” as outlined in Exhibit A of Resolution 2008-23 will improve the operations of the Fairfield Youth Commission to, in part, update its eligibility requirements for its commissioners; and

WHEREAS, on September 12, 2022, the Fairfield Youth Commission approved the revisions to the structure, duties, and role of the Youth Commission; and

WHEREAS, it is the intent of this resolution to supersede all prior resolutions pertaining to the Fairfield Youth Commission.

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

Section 1. Approves Exhibit A to this Resolution.

Section 2. Authorizes and directs the city manager to do all things necessary to implement this resolution.

Packet Page 895 of 1050Attachment 1 Page 1 of 2

RES. NO. 2022-329

Page 2 ends

PASSED AND ADOPTED this 6th day of December, 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 896 of 1050Attachment 1 Page 2 of 2

EXHIBIT A
Role of the Fairfield Youth Commission
Article 1. Name
The name of this youth advisory body shall be the Fairfield Youth Commission, hereinafter referred to as the “Commission”.

Article 2. Officers, Commission Appointed Positions, and Subcommittees Section 2.1 Officers
Officers are necessary for the overall functioning of the Commission. The positions are as follows:
a. Chairperson
b. Vice Chairperson
c. Subcommittee Chairs

Section 2.2 Appointed Positions
The Commission also provides representation on various bodies for the city. As such there is a necessity to bring youth voices and perspective on to the following positions:
a. City Council Liaison
b. Community Development Block Grant Advisory Committee Liaison c. Planning Commission Liaison
d. Fairfield-Suisun Unified School District Student Advisory Council Liaison

Section 2.3 Subcommittees
The Commission may also create subcommittees to further the work of the entire Commission.

Subcommittees may not have a quorum of members present and should have at least quorum minus one member.

Packet Page 897 of 1050Attachment 2 Page 1 of 4

Article 3. Purpose
The Fairfield Youth Commission shall be empowered to establish and maintain written policy and rules and have the following general powers, duties and responsibilities consistent with the Fairfield City Code and all other ordinances and regulations of the City of Fairfield and with the laws of the State of California.
a. Promote community involvement with, for, and by youth.

b. Act in an advisory capacity to the City Council in all other policy matters pertaining to youth.

c. Engage in review process and make formal recommendations on programs, projects and facilities that pertain to youth to the appropriate entity (City Council, Planning Commission, or City staff).

d. Assist the evaluation and planning of arts, recreation, and social service programs with an emphasis on youth.

e. Review and make recommendations on matters pertaining to youth programming and/or services. The assigned Youth Commission liaisons shall keep abreast of projects being brought forward to those bodies and shall ask the other Commissions or the City Council for the chance to make recommendations on projects they believe they should be involved in.

f. Promote youth involvement in community events, programs, or volunteer projects through public education, the schools, and community organizations.

g. Solicit cooperation from other public and private organizations related to youth oriented community services activities to the fullest extent possible.

h. Review and facilitate the update of the Youth Commission Handbook and Youth Resource Directory on an annual basis

i. Act as representatives of the City when designated by the City Council.

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Article 4. Eligibility, Commissioner Attendance, Attendance Exemption Section 4.1 Eligibility
The following criteria will be considered for eligibility as a member of the Fairfield Youth Commission:
a. Applicant must be residents of the City of Fairfield between the ages of 13 and 19

b. Representation on the Youth Commission shall, as much as is possible, mirror the socio- economic, cultural, educational, and geographic diversity of Fairfield residents.

c. Representatives ideally shall have participated in community based or volunteer programs for a minimum of one year prior to appointment to the Youth Commission.

d. The Fairfield Youth Commission shall consist of fifteen (15) members. The term of office shall be two years beginning on January 1 and ending on December 31. e. Members of the Fairfield Youth Commission shall not hold any paid office or employment with the City of Fairfield.

Section 4.2 Commissioner Attendance
Failure of a regular member to attend three (3) consecutive regular meetings or five (5) regular meetings in any twelve month period of the Youth Commission without consent of the Youth Commission shall be deemed to constitute the retirement of such member and the position declared vacant. The Chair shall be notified by the staff member and at the following meeting the Commission will be updated on the vacancy on the Commission. Any activities approved by the Youth Commission (City Council, fundraising events, informational or other scheduled events) shall be considered regular meetings for this purpose.

Section 4.3 Attendance Exemption
Commissioners who experience a medical or family emergency shall be exempt, pending review and approval by the current Youth Commission officers. All exemptions should be provided in writing via communicating in a letter to the staff liaison(s) and/or Chairperson in a timely manner.

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Article 5. Oversight
The members of the Fairfield Youth Commission shall be appointed by the Mayor with the approval of the City Council. The City Council shall establish a selection committee following current procedures. Staff liaison(s) will be appointed by the City Manager. a. Every effort will be made to distribute and make available applications to middle school and high school students residing within the City of Fairfield.

b. The selection committee will coordinate the interview and selection process and make recommendations to the City Council of potential Youth Commission members and alternates.

c. The selection committee will make every effort to ensure representation that reflects the diversity of City of Fairfield youth and that the selected representatives meet the eligibility listed above.

Packet Page 900 of 1050Attachment 2 Page 4 of 4

December 6, 2022
Honorable Mayor and City Council
City Council Chambers
1000 Webster St.

Fairfield, CA 94533

Good evening Mayor and members of the City Council,

The entire Youth Commission and the Ad Hoc Committee on Reform Chairman Jacob Francisco, present to you an amended resolution that has gone through an arduous process to bring forth changes to Fairfield City Council Resolution 2008-23. This resolution contains an updated exhibit that is the guiding document for the Youth Commission.

The Ad Hoc Committee on Reform was created at the May 2, 2022 Commission meeting. The Committee met for 3 sessions to work through verbiage changes. Additional changes were suggested at the June Retreat as well as Worksessions prior to Commission meetings. At the September 12th meeting of the Fairfield Youth Commission, “Commissioner Francisco motioned to approve the Resolution changes as recommended.” and “Commissioner Lathrop seconded the motion.” “ The motion passed unanimously.” We humbly ask for a yes vote to enact this new language for the Youth Commission.

Therefore we the undersigned urge your support in adopting these new changes that are presented to you.

s/Gurmehar Atwal, Commissioner
s/Diego Cortes, Commissioner
s/Jacob Francisco, Commissioner and Chair of the Ad Hoc Committee on Reform s/Lucas Barron-Hulett, Commissioner
s/Christopher Knight, Vice Chair and Planning Commission Liaison s/Wayne Lathrop, Commissioner
s/Annilynn Martinez, Commissioner and City Council Liaison s/Rishi Patel, Commissioner
s/Nadia Smith, Chair and Ad Hoc Committee Member
Packet Page 901 of 1050Attachment 3 Page 1 of 1

CITY OF FAIRFIELD
RESOLUTION NO. 2008- 23

A RESOLUTION OF THE FAIRFIELD CITY COUNCIL AMENDING
RESOLUTION 2005-22 PERTAINING TO THE FAIRFIELD YOUTH COMMISSION WHEREAS, on December 19, 1995, the Fairfield City Council adopted Resolution 95-278, approving the establishment of a Fairfield Youth Commission, and WHEREAS, on February 20, 1996, the Fairfield City Council adopted Resolution 96-30, which amended the aforementioned Resolution, Exhibit A (Role of the Fairfield Youth Commission), and
WHEREAS, on January 18, 2005, the Fairfield City Council adopted Resolution 2005-22 making minor amendments to Resolutions 95-278 and 96-30 (which is erroneously noted as "Resolution 96-80" in Resolution 2005-22), and WHEREAS, the Youth Commission and City staff believe further revision to the Role of the Fairfield Youth Commission" as outlined in Resolution 2005-22, Exhibit A, will improve the operations of the Fairfield Youth Commission, and WHEREAS, it is the intent of this resolution to supersede all prior resolutions pertaining to the Fairfield Youth Commission,

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FAIRFIELD HEREBY:

1. Approves Exhibit A to this resolution.

2. Authorizes and directs the City Manager to do all things necessary to implement this Resolution.

PASSED AND ADOPTED this 5th day of February 2008 by the following vote:

AYES:Councilmembers Price/Mraz/Kardos/Timm/Garcia
NOES:Councilmembers None
None
None
47;< 4d
Mayor
ABSENT:Councilmembers
ABSTAIN:Cou ncilmembers
ATTEST:
ttvttar.~ Ch-AjJif-
City Clerk
Packet Page 902 of 1050Attachment 4 Page 1 of 4

EXHIBIT A
Role of the Fairfield Youth Commission

1. Powers. duties. and responsibilities
The Fairfield Youth Commission shall be empowered to establish and maintain written policy and rules and have the following general powers, duties, and responsibilities consistent with the Fairfield City Code and all other ordinances and regulations of the City of Fairfield and with the laws of the State of California. a. Promote community involvement with, for, and by youth. b. Engage in a review process and make formal recommendations on programs, projects, and facilities that pertain to youth to the appropriate entity (City Council, Planning Commission, Community Services Commission or City staff).
c. Assist in the evaluation and planning of arts, recreation, and social service programs with an emphasis on youth.
d. Solicit cooperation from other public and private organizations related to youth oriented community service activities to the fullest extent possible. e. Review and make recommendations on matters pertaining to youth programming and/or services referred by the Planning Commission, Community Services Commission, or City Council. The assigned Youth Commission liaisons to each of the above bodies shall keep abreast of projects being brought forward to those bodies and shall ask the other Commissions or the City Council for the chance to make
recommendations on projects they believe they should be involved in. f. Promote youth involvement in community events, programs, or volunteer projects through public education, the schools, and community organizations.
g. Assist in the planning, implementation and evaluation of the bi-annual Youth Recognition Awards Program.
h. Review and facilitate the update of the Youth Resource Directory on an annual basis.

I. Act in an advisory capacity to the City Council in all other policy matters pertaining to youth.

J. Act as representatives of the City when designated by the City Council.

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2. Eliqibilitv for the Youth Commission
The following criteria will be considered for eligibility as a member of the Fairfield Youth Commission:
a. Applicants must be residents of the City of Fairfield between the ages of 1 3 and 21 .
b. A maximum of three (3) youth commissioners may attend schools or participate in alternative education programs located in cities or school districts other than Fairfield-Suisun Unified School District, Travis Unified School District, Solano College or locally based home-schools/charter schools.
c. Representation on the Youth Commission shall, as much as is possible, mirror the socio-economic, cultural, educational, and geographic diversity of Fairfield residents.
d. Representatives ideally shall have participated in community based programs (City-based programs, Boy Scouts, church leadership groups, etc.) for a minimum of one year prior to appointment to the Youth Commission.
e. The Fairfield Youth Commission shall consist of fifteen members, with at least two members from middle school and two from high school. The term of office shall be two years beginning on January 1 and ending on December 31. At the time this change takes effect, the terms scheduled to expire in August shall be extended until December for the current year and the following year. This will result in future youth commissioners having staggered terms of two years each to ensure continuity of Commission input. Youth Commissioners shall serve at the pleasure of the Mayor for no more than three terms plus any un-expired term to which they are appointed, but in no event more than seven years. f. Membership is open to all youth meeting the above criteria. g. Members of the Fairfield Youth Commission shall not hold any paid office or employment with the City of Fairfield.
h. A City Council member and a Community Services Commission member will be appointed to serve as a non-voting liaison to the Youth Commission. A representative from the Youth Commission shall be appointed to serve as a non-voting member acting as a liaison to the Community Services Commission, Planning Commission, and City Council.

Packet Page 904 of 1050Attachment 4 Page 3 of 4

I. Failure of a regular member to attend three consecutive regular meetings or five regular meetings in any twelve month period of the Youth Commission without consent of the Youth Commission shall be deemed to constitute the retirement of such member and the position declared vacant. Commissioners who experience a medical or family emergency shall be exempt, pending review and approval by the current Youth Commission officers. Any activities approved by the Youth Commission City Council or Community Services meetings, fundraising events, informational or other scheduled events) shall be considered regular meetings for this purpose.

3. Oversioht
The members of the Fairfield Youth Commission shall be appointed by the Mayor with the approval of the City Council. The City Council shall establish a selection committee following current procedures. Staff liaison(s) will be appointed by the City Manager.
a. Every effort will be made to distribute and make available applications to middle school and high school students residing within the City of Fairfield. b. The selection committee will coordinate the interview and selection process and make recommendations to the City Council of potential Youth Commission members and alternates.
c. The selection committee will make every effort to ensure representation that reflects the diversity of City of Fairfield youth and that the selected representatives meet the eligibility listed above.

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Agenda Item No: 23.

AGENDA REPORT
DATE:December 6, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022330 of the City Council of the City of Fairfield Approving the Sixth Amendment to Lease and Management Agreement with Sports Restaurant Incorporated (SRI) for Restaurant Operations
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
At the June 21, 2022, City Council meeting, council authorized a oneyear contract extension to Sports Restaurant Incorporated, (SRI). As such, a formal amendment to their contract is required to extend the term and to reinstate performance measures and the rent percentage reduction due to the COVID19 Pandemic.

DISCUSSION
At the June 21, 2022, City Council meeting, staff sought direction from council regarding the management service contracts with Kemper Sports, Inc. and SRI, both of which were set to expire December 31, 2022. The council authorized a oneyear extension to their existing contracts. Council also directed staff to initiate an Request for Qualifications (RFQ)/Request for Proposals (RFP) solicitation for providing golf management and food, beverage, banquet management services and to allow for singleprovider and multipleprovider response.

Extending the current contract requires formal action. This is accomplished through approving, by resolution, an “amendment” to their contract. In addition to revising the term expiration to December 31, 2023, staff is recommending effective January 1, 2023, reinstatement of performance measures and revert rent back to 10% from the temporary reduction to 6% due to COVID19 as approved by council through Resolution No. 202107.

SRI has requested consideration of receiving 10% for banquets occurring during quarter 1 and quarter 2 of 2024 (January through June 2024) which were prebooked before December 31, 2023. The current contract language allows for 50% retention of deposits received prior to termination of contract that extend beyond the term of the agreement.

Packet Page 906 of 1050

Agenda Item No: 23.AGENDA REPORTDATE:December 6, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022330 of the City Council of the City of Fairfield Approving the SixthAmendment to Lease and Management Agreement with Sports RestaurantIncorporated (SRI) for Restaurant OperationsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAt the June 21, 2022, City Council meeting, council authorized a oneyear contract extension to SportsRestaurant Incorporated, (SRI). As such, a formal amendment to their contract is required to extend theterm and to reinstate performance measures and the rent percentage reduction due to the COVID19Pandemic.DISCUSSIONAt the June 21, 2022, City Council meeting, staff sought direction from council regarding themanagement service contracts with Kemper Sports, Inc. and SRI, both of which were set to expireDecember 31, 2022. The council authorized a oneyear extension to their existing contracts. Councilalso directed staff to initiate an Request for Qualifications (RFQ)/Request for Proposals (RFP)solicitation for providing golf management and food, beverage, banquet management services and toallow for singleprovider and multipleprovider response.Extending the current contract requires formal action. This is accomplished through approving, byresolution, an “amendment” to their contract. In addition to revising the term expiration to December 31,2023, staff is recommending effective January 1, 2023, reinstatement of performance measures andrevert rent back to 10% from the temporary reduction to 6% due to COVID19 as approved by councilthrough Resolution No. 202107.SRI has requested consideration of receiving 10% for banquets occurring during quarter 1 and quarter2 of 2024 (January through June 2024) which were prebooked before December 31, 2023. The currentcontract language allows for 50% retention of deposits received prior to termination of contract thatextend beyond the term of the agreement.

FINANCIAL IMPACT
Utilizing banquet booking information from 2021 and 2022, it is estimated that 10% of banquet sales projected for January through June 2024 will fall in the range of $40,000$50,000.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION

1. Do not allow for a 10% booking revenue sharing to SRI for banquets booked prior to December 2023 and for months January through June 2024; and uphold current contract language that allows for 50% retention of deposits received.

2. Determine a lower percentage share of 2024 banquets booked prior to December 21, 2023.

3. Other direction as appropriate.

STAFF CONTACT
Kristina Kaunzinger, Director of Parks & Recreation
(707) 4287470
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Sixth Amendment to Lease and Management Agreement for Restaurant Operations
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 11/30/2022 2:57 PM
Packet Page 907 of 1050

CITY OF FAIRFIELD

RESOLUTION NO. 2022-330

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE SIXTH

AMENDMENT TO LEASE AND MANAGEMENT AGREEMENT WITH SPORTS RESTAURANT

INCORPORATED (SRI) FOR RESTAURANT OPERATIONS

WHEREAS, the City owns certain properties commonly referred to as the Paradise Valley Golf Course and the Rancho Solano Golf Course (together, the “Golf Courses”) and are improved with several buildings and other improvements, including restaurants, bars, banquet facilities , and other improvements; and

WHEREAS, pursuant to that certain Lease and Management Agreement, dated as of January 1, 2009 (the “Management Agreement”), the City has leased a portion of the Golf Courses to Lessee (such portion being the “Facilities”) for food and beverage service; and

WHEREAS, there have been five previous amendments to said Management Agreement; and

WHEREAS, the City wishes to amend the contract to extend the current contract term through December 31, 2023; and

WHEREAS, the City recommends reinstating performance measures and rent percentage temporarily reduced due to the COVID-19 pandemic; and

WHEREAS, the parties wish to renegotiate banquet sales revenue sharing.

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

Section 1. The Sixth Amendment to Lease and Management Agreement for Restaurant Operations is hereby approved.

Section 2. The city manager is authorized and directed to execute the Sixth Amendment, substantially in the form attached, and to do all things necessary to implement this Resolution and Sixth Amendment.

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RES. NO. 2022-330

Page 2 ends

PASSED AND ADOPTED this 6th day of December, 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 909 of 1050Attachment 1 Page 2 of 2

CITY OF FAIRFIELD

SIXTH AMENDMENT TO

LEASE AND MANAGEMENT AGREEMENT FOR

RESTAURANT OPERATIONS

This sixth amendment to the Lease and Management Agreement (the “Amendment”) is entered into as of _____________________, 2022 by and between the CITY OF FAIRFIELD, a municipal corporation (“CITY”) and SPORTS RESTAURANT OF FAIRFIELD, INC. (“SRF”) and SPORTS RESTAURANT OF RANCHO SOLANO, INC. (“SRR”) each a California corporation (collectively, SRF and SRR are referred to hereinafter as “LESSEE”), CITY and LESSEE, collectively referred to hereinafter as “PARTIES”, amends and supplements that certain Lease and Management Agreement dates as of January 1, 2009, between the City and the Lessee (the “AGREEMENT”):

RECITALS

1. CITY owns certain properties commonly referred to as the Paradise Valley Golf Course and the Rancho Solano Golf Course (together, the “GOLF COURSES”).

2. The GOLF COURSES are improved with several buildings and other improvements, including restaurants, bars, banquet facilities and other improvements.

3. Pursuant to that certain Lease and Management Agreement, dated as of January 1, 2009 (the “Management Agreement”), CITY has leased a portion of the GOLF COURSES to LESSEE (such portion being the “Facilities”) for food and beverage service.

4. The PARTIES have entered into five amendments to the AGREEMENT (the AGREEMENT, as amended, being the “Amended Management Agreement”).

5. The PARTIES wish to further amend the Amended Management Agreement to acknowledge January 1, 2023, as the “Reinstatement Date” for Rent to revert back to ten percent (10%) and resumption of performance measures.

6. The PARTIES also wish to extend the contract for one additional year to December 31, 2023.

NOW THEREFORE, for good and valuable consideration, the receipt of sufficiency of which is acknowledged by both parties, the CITY and Lessee agree as follows:

1. AMENDMENTS

1.1. Article 1.4, Section 4.1, Rent of the Amended Management Agreement is hereby amended by removal of paragraphs (e) (f) (g) and (h).

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1.2. Article 3, Section 3.1, Term of the Agreement is hereby amended by extending the term one year to December 31, 2023.

1.3. Article 8, Operation of Food and Beverage Service of the Amended Management Agreement is hereby amended by removal of Section 8.12 Suspension of Performance Standards.

1.4. Article 12, Section 12.4, Ownership of Banquet Deposits is hereby amended to remove current language and replace language that allows SRI retention of 10% of banquet sales occurring January through June 2024 that have been booked prior to December 31, 2023.

2. MISCELLANEOUS

2.1. Lessee acknowledges a Request for Qualifications/Proposals is slated to occur prior to the termination of this extension . If CITY commences, in its sole and exclusive right to do so, to change Operator(s)/Lessee, Lessee agrees to the following:

(a) Establish positive working relationship with incoming Operator(s)/Lessee. (b) Fully cooperate with CITY and Incoming Operator(s)/Lessee to ensure smooth transition.
(c) Understand the cooperative transition planning and implementation process may commence as early as April 2023.

2.2. If CITY commences a change in Operator(s)/Lessee, Lessee agrees to ensure CITY receives access to POS and other operating systems during the transition period.

2.3. Lessee understands the importance of Banquet and Party bookings with respect to both revenue generation and customer service. As such, Lessee agrees to continue promoting and meeting with prospective renters and agrees to book parties/event dates that may extend out into the future beyond December 2023 as requests are submitted and deposits are collected on or before December 31, 2023.

2.4. Lessee agrees to provide to CITY no later than December 31, 2022, the following:
(a) Comprehensive inventory of supplies, equipment, and any other property owned by SRI or staff members.
(b) List of third-party contract/service agreements that reflect CITY obligation(s) that extend beyond December 31, 2023.
(c) List of outstanding account receivables with estimated dates of receipt due to CITY that extend beyond December 31, 2023.

Packet Page 911 of 1050Attachment 2 Page 2 of 3

2.5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same Amendment.

2.6. This Amendment shall be governed by and construed in accordance with the laws of the State of California.

2.7. Except as expressly set forth in this Amendment, all provisions of the Agreement shall remain in full force and effect.

2.8. The captions or headings in this Amendment are for convenience only and in no way define, limit or describe the scope or intent of any provisions of this Amendment.

IN WITNESS WHEREOF, the undersigned have executed this Amendment at Fairfield, California as of the date first written above.

CITY: LESSEE:

CITY OF FAIRFIELD, CA SPORTS RESTAURANT OF FAIRFIELD, INC. a municipal corporation a California corporation

BY: _____________________________ BY: ___________________________ NAME: David Gassaway NAME: ________________________
ITS: Interim City Manager ITS: ___________________________

LESSEE:

SPORTS RESTAURANT OF RANCHO

SOLANO, INC
a California corporation
BY: ____________________________
NAME:

ITS: ____________________________
Packet Page 912 of 1050Attachment 2 Page 3 of 3

Agenda Item No: 24.

AGENDA REPORT
DATE:December 6, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022331 of the City Council of the City of Fairfield Approving the Eighth Amendment to the Management Agreement with Kember Sports Management, Inc. for the Operation and Maintenance of Golf Courses and Facilities RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
At the June 21, 2022, City Council meeting, City Council authorized a oneyear contract extension to Kemper Sports Management LLC.,(Kemper). As such, a formal amendment to their contract is required.

DISCUSSION
At the June 21, 2022, City Council meeting, staff sought direction from the council regarding the management service contracts with Kemper and Sports Restaurant Inc., both of which were set to expire December 31, 2022. The council authorized a oneyear extension to their existing contracts. The council also directed staff to initiate an Request for Qualifications (RFQ) / Request for Proposals (RFP) solicitation to provide golf management, food, beverage, banquet management services, allowing for singleprovider and multipleprovider responses.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
Packet Page 913 of 1050

Agenda Item No: 24.AGENDA REPORTDATE:December 6, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022331 of the City Council of the City of Fairfield Approving the EighthAmendment to the Management Agreement with Kember Sports Management, Inc. forthe Operation and Maintenance of Golf Courses and FacilitiesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAt the June 21, 2022, City Council meeting, City Council authorized a oneyear contract extension toKemper Sports Management LLC.,(Kemper). As such, a formal amendment to their contract isrequired.DISCUSSIONAt the June 21, 2022, City Council meeting, staff sought direction from the council regarding themanagement service contracts with Kemper and Sports Restaurant Inc., both of which were set toexpire December 31, 2022. The council authorized a oneyear extension to their existing contracts. Thecouncil also directed staff to initiate an Request for Qualifications (RFQ) / Request for Proposals (RFP)solicitation to provide golf management, food, beverage, banquet management services, allowing forsingleprovider and multipleprovider responses.Extending the current contract requires formal action. This is accomplished through approving, byresolution, an “amendment” to their contract. In addition to revising the term expiration to December 31,2023, staff is recommending revising Section 1.4 – amending definition of Director.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/A ALTERNATIVE ACTION
Provide staff direction as appropriate.

STAFF CONTACT
Kristina Kaunzinger, Director of Parks & Recreation
(707) 4287470
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Eighth Amendment to the Management Agreement for the Operation and Maintenance of Golf Courses and Facilities
REVIEWERS:

Reviewer Action Date
Kaunzinger, Kristina Approved 11/21/2022 5:18 PM
Beavers, Esther Approved 11/22/2022 10:58 AM
Beavers, Esther Approved 11/22/2022 11:00 AM
Packet Page 914 of 1050

CITY OF FAIRFIELD

RESOLUTION NO. 2022-331

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE EIGHTH

AMENDMENT TO THE MANAGEMENT AGREEMENT FOR THE OPERATION AND MAINTENANCE

OF GOLF COURSES AND FACILITIES

WHEREAS, the City owns certain properties commonly referred to as the Paradise Valley Golf Course and the Rancho Solano Golf Course (together, the “Golf Courses”); and

WHEREAS, pursuant to a Management Agreement entered on or about January 1, 2008, (Management Agreement), the City retained Kemper Sports Management, LLC, a Delaware Limited Liability Company (Kemper Sports Management, Inc.) (Operator) to provide for: The overall management and operations of the Golf Courses; improvements to existing facilities; a collection of fees; and other related golf services to ensure the highest quality of golf programs for the public; and

WHEREAS, there have been 7 previous amendments to the Management Agreement; and

WHEREAS, the City wishes to amend the Management Agreement to extend the current contract term through December 31, 2023.

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

Section 1. The Eighth Amendment to the Management Agreement for the Operation and Maintenance of Golf Courses and Facilities is hereby approved.

Section 2. The city manager is authorized and directed to execute the Eighth Amendment and do all things necessary to implement this Resolution and Eighth Amendment.

PASSED AND ADOPTED this 6th day of December, 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 915 of 1050Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

EIGHTH AMENDMENT TO

THE MANAGEMENT AGREEMENT FOR THE

OPERATION AND MAINTENANCE OF

GOLF COURSES AND FACILITIES

This eighth amendment to the Management Agreement (the “Amendment”) is entered into as of _____________________, 2022 by and between the CITY OF FAIRFIELD, a municipal corporation (“CITY”) and KEMPER SPORTS MANAGEMENT LLC., a Delaware limited liability company (aka “Kemper Sports Management, Inc.” (“OPERATOR”), and amends and supplements the Management Agreement entered into between the parties on or about January 1, 2008. The terms of this amendment are:

RECITALS

1. City owns certain properties commonly referred to as the Paradise Valley Golf Course and the Rancho Solano Golf Course (collectively, “GOLF COURSES”).

2. Pursuant to a Management Agreement, entered into on or about January 1, 2008 (the “Management Agreement”), CITY retained OPERATOR to provide for the overall management and operations of the GOLF COURSES, improvements to existing facilities, collection of fees and other related golf services to ensure the highest quality of golf programs for the public.

3. A first amendment was made to the Management Agreement on or about August 8, 2008, which provided supplemental language to Section 1.10(a), Section 7.1(A)(1) and (2) and Section 7.5(A)

4. A second amendment was made to the Management Agreement on or about December 15, 2015, extending the Management Agreement through March 31, 2016.

5. A third amendment was made to the Management Agreement on or about February 11, 2016, providing supplemental performance measures, and extending the Management Agreement through December 31, 2017.

6. A fourth amendment was made to the Management Agreement on or about December 1, 2017, extending the Management Agreement to February 28, 2018.

7. A fifth amendment was made to the Management Agreement on or about February 28, 2018, extending the Management Agreement through December 31, 2022, and providing supplemental language to sections 1.4, 2.4, 4.1, 4.2, 6.0, 8.3, and 10.1.

8. A sixth amendment was made to the Management Agreement on or about May 19, 2020, implementing a temporary reduction in Management fees due to the COVID pandemic.

Packet Page 916 of 1050Attachment 2 Page 1 of 3

9. A seventh amendment was made to the Management Agreement on or about November 16, 2021, authorizing a demand-based pricing model allowing adjustment of golf fees up to 20%.

10. The City and Operator wish to extend the Management Agreement for one additional year to December 21, 2023, and make other amendments listed below.

AMENDMENTS

Section 1.4 is hereby amended to read:

Section 1.4 Director. “Director” shall mean the Director of the City of Fairfield Parks and Recreation Department. The Director and her or his assigned representative is assigned oversight of the GOLF COURSES.

Section 4.1 is hereby amended to read:

Section 4.1 Term. The expiration date of this Agreement is December 31, 2023.

MISCELLANEOUS

The CITY and OPERATOR agree as follows:

1. The term of the Management Agreement is hereby extended to December 31, 2023.

2. OPERATOR acknowledges a Request for Qualifications/Proposals is slated to occur prior to the termination of this extension. If CITY commences, in its sole and exclusive right to do so, to change to a new operator for the GOLF COURSES either in whole or in part, OPERATOR agrees to the following:
a. To use good faith efforts to establish a positive working relationship with incoming Operator(s).
b. To fully cooperate with CITY and Incoming Operator(s) to help facilitate a smooth transition.
c. Understand the cooperative transition planning and implementation process may commence as early as April 2023, provided, however the foregoing shall not impact the term extension to December 31, 2023

3. If CITY commences a change in Operator(s), OPERATOR agrees to ensure CITY receives access to Point of Sale and other operating systems during the transition period.

4. OPERATOR understands the importance of Tournaments with respect to both revenue generation and customer service. As such, OPERATOR agrees to continue promoting and meeting with prospective tournament hosts/directors and agrees to book tournaments out into the future beyond December 2023 as requests are submitted.

5. OPERATOR agrees to provide to CITY no later than December 31, 2022, the following:
a. Comprehensive inventory of supplies, equipment, and any other property owned by Kemper.

Packet Page 917 of 1050Attachment 2 Page 2 of 3

b. List of third-party contract/service agreements that reflect CITY obligation(s) that extend beyond December 31, 2023.
c. List of outstanding account receivables with estimated dates of receipt due to CITY that extend beyond December 31, 2023.

Except as expressly set forth in this Amendment, all remaining provisions of the Management agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the undersigned have executed this Amendment in Fairfield, California as of the date written above.

CITY: OPERATOR:

CITY OF FAIRFIELD, CA KEMPER SPORTS MANAGEMENT, LLC. a municipal corporation a Delaware limited
liability company

BY: _____________________________ BY: ___________________________ David Gassaway NAME: ________________________
Interim City Manager Title: ___________________
Packet Page 918 of 1050Attachment 2 Page 3 of 3

Agenda Item No: 25.

AGENDA REPORT
DATE:December 6, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Streetscape Options to Enhance the Public Realm on Texas Street in Downtown Fairfield
RECOMMENDED ACTION
Consider potential design options to update the aesthetic of Texas Street from Pennsylvania Avenue to Jefferson Street and provide direction to staff.

STATEMENT OF ISSUE
Improving mobility and connectivity in downtown is a key initiative of the Heart of Fairfield Specific Plan (HOF). The Heart of Fairfield Revitalization Project (Project) proposes enhancing the streetscape on Texas Street to provide a safer and more comfortable experience for pedestrians walking downtown.

This report provides the background and a brief summary of the current options.

DISCUSSION
In 2017, the City of Fairfield (City) initiated the HOF to create positive change within the downtown corridor. In response, the City contracted with landscape architect Gates + Associates (Gates) to provide preliminary design concepts and renderings for improvements to the antiquated streetscape furnishings originally installed in 1990. In November 2021, a survey was sent out on social media seeking community input for revitalizing downtown to support economic health, build community, encourage pedestrians and bicycles, and increase pedestrian dwell time. The survey results displayed a collective emphasis on furnishings, amenities, infrastructure, public art, and music. A design study exhibit was created showcasing potential items of improvement for downtown.

To advance the design study exhibit beyond conceptual design, staff contracted with a design team consisting of both Bennett and Gates. Their efforts considered the following concepts: street intersection safety, hardscape improvements, corner plazas, and new furnishings.

Three conceptual layouts were prepared as part of the design development process. Staff determined that phased improvements completed “blockbyblock” were not preferred; instead, the Project should consider completing upgrades to the entire Texas Street corridor from Pennsylvania Avenue to Jefferson Avenue. The following is a summary of the options:

Option 1 Baseline.Upgrades to the pedestrian realm include the removal of the raised/high Packet Page 919 of 1050

Agenda Item No: 25.AGENDA REPORTDATE:December 6, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Streetscape Options to Enhance the Public Realm on Texas Street in DowntownFairfieldRECOMMENDED ACTIONConsider potential design options to update the aesthetic of Texas Street from Pennsylvania Avenue toJefferson Street and provide direction to staff. STATEMENT OF ISSUEImproving mobility and connectivity in downtown is a key initiative of the Heart of Fairfield Specific Plan(HOF). The Heart of Fairfield Revitalization Project (Project) proposes enhancing the streetscape onTexas Street to provide a safer and more comfortable experience for pedestrians walking downtown. This report provides the background and a brief summary of the current options. DISCUSSIONIn 2017, the City of Fairfield (City) initiated the HOF to create positive change within the downtowncorridor. In response, the City contracted with landscape architect Gates + Associates (Gates) toprovide preliminary design concepts and renderings for improvements to the antiquated streetscapefurnishings originally installed in 1990. In November 2021, a survey was sent out on social mediaseeking community input for revitalizing downtown to support economic health, build community,encourage pedestrians and bicycles, and increase pedestrian dwell time. The survey results displayeda collective emphasis on furnishings, amenities, infrastructure, public art, and music. A design studyexhibit was created showcasing potential items of improvement for downtown. To advance the design study exhibit beyond conceptual design, staff contracted with a design teamconsisting of both Bennett and Gates. Their efforts considered the following concepts: streetintersection safety, hardscape improvements, corner plazas, and new furnishings. Three conceptual layouts were prepared as part of the design development process. Staff determinedthat phased improvements completed “blockbyblock” were not preferred; instead, the Project shouldconsider completing upgrades to the entire Texas Street corridor from Pennsylvania Avenue to Jefferson Avenue. The following is a summary of the options:

Option 1 Baseline.Upgrades to the pedestrian realm include the removal of the raised/high curbs, minimal paver replacement, and landscaping at the intersection corners. The project also includes removing the pergolas and concrete benches along the corridor and installing new landscaping or pavers. This option does not anticipate changes to the existing pavement, striping, or curb ramps. The estimated construction cost for this option ranges from $1.9$2.3 million.

Option 2 Plaza and Intersection Upgrades.Includes all of Option 1 work, plus safety enhancements for pedestrians at all intersections. This project would add or replace new enhanced crosswalks, asphalt paving, landscaping, and sidewalk at the street intersections. The estimated construction cost for this option ranges from $4.5$6 million.

Option 3 Ultimate.Includes all of Option 1 work, plus the full sidewalk replacement and pavement treatment along the entire Texas Street corridor. This project would remove and replace everything from back the of the curb to building and rebuild the curb ramps/intersection radius. The estimated construction cost for this option ranges from $8$10 million.

As with any large project, potential unknowns lie ahead. Staff has spent considerable time researching available funding sources for the Project. Bennett has provided 30% design level plans and cost estimates for staff consideration. Based on these discussions and analysis, there is approximately $5.1 million in funding available. The estimated total project cost for Option 1 ranges between $2.5$3 million, including all planning, design, and construction costs. Bennett anticipates a 5month design schedule for Option 1 with construction anticipated for late Summer 2023 (August/September).

FINANCIAL IMPACT
Upon council direction, staff will proceed with preparing the appropriate documents and seek formal approval at a future council meeting.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Community engagement was conducted by Gates for this Project. Comments were received through a downtown business and property owner meeting conducted in October 2021, as well as an online survey conducted in November 2021. Community engagement results were presented to Council in December 2021. Final input from the community was utilized as a basis for the design for this project.

ALTERNATIVE ACTION
Staff is seeking council direction on the described options or other options/scenarios council would like staff to explore to bring back for further discussion.

STAFF CONTACT
Ryan Panganiban, Assistant Public Works Director/City Engineer (707) 4287017
[email protected]
COORDINATED WITH
Community Development Department, Fire Department, Parks and Recreation Department, Police Department
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 11/21/2022 5:57 PM
Beavers, Esther Approved 11/22/2022 11:06 AM
Beavers, Esther Approved 11/22/2022 11:06 AM
Packet Page 920 of 1050

Agenda Item No: 26.

AGENDA REPORT
DATE:December 6, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022332 of the City Council of the City of Fairfield Approving a Contractor Service Agreement with TerraCare Associates for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District No. 7 – Rolling Hills; and Resolution 2022333 of the City Council of the City of Fairfield Approving a Contractor Service Agreement with TerraCare Associates for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District No. 11 – Paradise Valley North; and Resolution 2022334 of the City Council of the City of Fairfield Approving a Contractor Service Agreement with TerraCare Associates for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District No. 13 – North Cordelia RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
City Council approved a reduction of landscape maintenance services for Landscaping and Lighting Maintenance Districts (LLMDs) No. 7 – Rolling Hills (Rolling Hills), No. 11 – Paradise Valley North (Paradise Valley), and No. 13 – North Cordelia (North Cordelia) on December 21, 2021, to avoid a fund balance deficit in each district. On May 3, 2022, council approved a loan of $410,000 for Rolling Hills, $175,000 for Paradise Valley, and $151,000 for North Cordelia for increased landscape maintenance services in each district comparable to those services being provided in fiscal year (FY) 20202021.

Approval of the attached resolutions will authorize the city manager to execute three landscape maintenance service agreements with TerraCare Associates (TerraCare) for increased landscape maintenance services in LLMD Nos. 7, 11, and 13.

DISCUSSION
During the July 7, 2021, public hearing to approve the annual FY 20212022 assessment rates and budgets for all LLMDs, staff reported to Council that a reduction in services for Rolling Hills, Paradise Valley, and North Cordelia was required due to projected budget deficits if the districts continued to provide landscape services at the FY 20202021 level.

On December 21, 2021, staff presented new service contracts with New Image Landscape Company Packet Page 921 of 1050

On December 21, 2021, staff presented new service contracts with New Image Landscape Company (New Image) which included reduced scopes of work for the three districts. Staff also reported that a community engagement process and Proposition 218 vote on the question of whether to increase assessments beginning FY 20232024 to provide an enhanced level of service would be brought to the districts' property owners during FY 20222023. Council approved the contracts and directed staff to explore funding options to supplement the districts' revenue and allow for the provision of services comparable to the level of services provided in FY 20202021 while the community engagement process and Proposition 218 vote were carried out.

On May 3, 2022, the council approved a loan of $410,000 for Rolling Hills, $175,000 for Paradise Valley, and $151,000 for North Cordelia for increased landscape maintenance services in each district comparable to those services being provided in fiscal year (FY) 20202021.

Upon the approval of the loans, staff coordinated smaller, onetime maintenance projects like weed mitigation, lawn edging, and general cleanup through task orders under separate existing open service contracts with various contractors and requested that New Image provide proposals for increased landscape maintenance services in Rolling Hills, Paradise Valley, and North Cordelia through FY 2022 2023. New Image submitted the proposals as requested in August 2022.

However, beginning in May 2022, the contractor consistently failed to meet the terms and conditions of the December 2021 service agreement and lacked quality workmanship for the additional services it provided under the separate task orders. The City received numerous complaints from residents regarding the contractor’s poor quality, incomplete, or total absence of services. Additionally, field staff frequently made duplicate requests for the commencement and/or completion of contracted work, withheld monthly payments, and made several attempts to remedy the nonperformance. As a result, staff determined it was in the best interest of the district property owners to terminate the contracts with New Image and solicit proposals from other service providers.

Staff requested proposals from Cagwin & Dorward, Odyssey Landscaping Company, and TerraCare Associates. Cagwin & Dorward was nonresponsive, and Odyssey Landscaping Company was unable to assemble and commit the required resources for the requested sixmonth (JanuaryJune 2023) contract term. TerraCare submitted proposals that met the operational and budget needs of each district.

The service agreement for Rolling Hills is proposed at $240,778 for a sixmonth term and includes a scope of work comparable to the services provided in FY 20202021. To limit the financial obligation to the contractor, certain nonroutine work such as shrub, tree, and bark replacement, was removed from the standard scope and will be addressed on an asneeded basis.

The service agreements for Paradise Valley and North Cordelia are proposed at $136,163 and $234,927, respectively, for a sixmonth term. Due to the persisting budget constraints in these districts, the frequency of certain routine work such as litter removal and irrigation system checks was reduced from weekly to monthly, and the annual flower replacement in North Cordelia was eliminated. Like the Rolling Hills agreement, nonroutine work was also removed from the standard scope in these agreements and will be addressed on an asneeded basis, subject to available funding.

The approval of the attached resolutions will authorize the city manager to execute three landscape maintenance service agreements with TerraCare for the Rolling Hills, Paradise Valley, and North Cordelia landscaping and lighting maintenance districts. Upon the adoption of the resolutions, staff will issue a notice of termination to New Image for the existing service agreements in the three districts.

The term for the new agreements with TerraCare will begin on January 1, 2023, and end on June 30, 2023, with the option to renew for up to two additional terms of up to 24 months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the June San FranciscoOaklandHayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties. Staff will Packet Page 922 of 1050

Agenda Item No: 26.AGENDA REPORTDATE:December 6, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022332 of the City Council of the City of Fairfield Approving a ContractorService Agreement with TerraCare Associates for Landscape Maintenance Services inthe Landscaping and Lighting Maintenance District No. 7 – Rolling Hills; andResolution 2022333 of the City Council of the City of Fairfield Approving a ContractorService Agreement with TerraCare Associates for Landscape Maintenance Services inthe Landscaping and Lighting Maintenance District No. 11 – Paradise Valley North; andResolution 2022334 of the City Council of the City of Fairfield Approving a ContractorService Agreement with TerraCare Associates for Landscape Maintenance Services inthe Landscaping and Lighting Maintenance District No. 13 – North CordeliaRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUECity Council approved a reduction of landscape maintenance services for Landscaping and LightingMaintenance Districts (LLMDs) No. 7 – Rolling Hills (Rolling Hills), No. 11 – Paradise Valley North(Paradise Valley), and No. 13 – North Cordelia (North Cordelia) on December 21, 2021, to avoid a fundbalance deficit in each district. On May 3, 2022, council approved a loan of $410,000 for Rolling Hills,$175,000 for Paradise Valley, and $151,000 for North Cordelia for increased landscape maintenanceservices in each district comparable to those services being provided in fiscal year (FY) 20202021. Approval of the attached resolutions will authorize the city manager to execute three landscapemaintenance service agreements with TerraCare Associates (TerraCare) for increased landscapemaintenance services in LLMD Nos. 7, 11, and 13. DISCUSSIONDuring the July 7, 2021, public hearing to approve the annual FY 20212022 assessment rates andbudgets for all LLMDs, staff reported to Council that a reduction in services for Rolling Hills, ParadiseValley, and North Cordelia was required due to projected budget deficits if the districts continued toprovide landscape services at the FY 20202021 level.On December 21, 2021, staff presented new service contracts with New Image Landscape Company(New Image) which included reduced scopes of work for the three districts. Staff also reported that acommunity engagement process and Proposition 218 vote on the question of whether to increaseassessments beginning FY 20232024 to provide an enhanced level of service would be brought to thedistricts' property owners during FY 20222023. Council approved the contracts and directed staff toexplore funding options to supplement the districts' revenue and allow for the provision of servicescomparable to the level of services provided in FY 20202021 while the community engagementprocess and Proposition 218 vote were carried out.On May 3, 2022, the council approved a loan of $410,000 for Rolling Hills, $175,000 for ParadiseValley, and $151,000 for North Cordelia for increased landscape maintenance services in each districtcomparable to those services being provided in fiscal year (FY) 20202021.Upon the approval of the loans, staff coordinated smaller, onetime maintenance projects like weedmitigation, lawn edging, and general cleanup through task orders under separate existing open servicecontracts with various contractors and requested that New Image provide proposals for increasedlandscape maintenance services in Rolling Hills, Paradise Valley, and North Cordelia through FY 20222023. New Image submitted the proposals as requested in August 2022.However, beginning in May 2022, the contractor consistently failed to meet the terms and conditions ofthe December 2021 service agreement and lacked quality workmanship for the additional services itprovided under the separate task orders. The City received numerous complaints from residentsregarding the contractor’s poor quality, incomplete, or total absence of services. Additionally, field stafffrequently made duplicate requests for the commencement and/or completion of contracted work,withheld monthly payments, and made several attempts to remedy the nonperformance. As a result,staff determined it was in the best interest of the district property owners to terminate the contracts withNew Image and solicit proposals from other service providers.Staff requested proposals from Cagwin & Dorward, Odyssey Landscaping Company, and TerraCareAssociates. Cagwin & Dorward was nonresponsive, and Odyssey Landscaping Company was unableto assemble and commit the required resources for the requested sixmonth (JanuaryJune 2023)contract term. TerraCare submitted proposals that met the operational and budget needs of eachdistrict. The service agreement for Rolling Hills is proposed at $240,778 for a sixmonth term and includes ascope of work comparable to the services provided in FY 20202021. To limit the financial obligation tothe contractor, certain nonroutine work such as shrub, tree, and bark replacement, was removed fromthe standard scope and will be addressed on an asneeded basis.The service agreements for Paradise Valley and North Cordelia are proposed at $136,163 and$234,927, respectively, for a sixmonth term. Due to the persisting budget constraints in these districts,the frequency of certain routine work such as litter removal and irrigation system checks was reducedfrom weekly to monthly, and the annual flower replacement in North Cordelia was eliminated. Like theRolling Hills agreement, nonroutine work was also removed from the standard scope in theseagreements and will be addressed on an asneeded basis, subject to available funding.The approval of the attached resolutions will authorize the city manager to execute three landscapemaintenance service agreements with TerraCare for the Rolling Hills, Paradise Valley, and NorthCordelia landscaping and lighting maintenance districts. Upon the adoption of the resolutions, staff willissue a notice of termination to New Image for the existing service agreements in the three districts. The term for the new agreements with TerraCare will begin on January 1, 2023, and end on June 30,2023, with the option to renew for up to two additional terms of up to 24 months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the June San FranciscoOaklandHayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties. Staff will continue the community engagement process and coordinate a Proposition 218 vote in June 2023 on the question of whether to increase assessments beginning FY 20232024 to provide an enhanced level of service in each district.

FINANCIAL IMPACT
Total authorization for the Rolling Hills service agreement is $240,778 for an initial sixmonth term and is budgeted in the LLMD No. 7 – Rolling Hills Fund (Organization Code 17360107).

Total authorization for the Paradise Valley service agreement is $136,163 for an initial sixmonth term and is budgeted in the LLMD No. 11 – Paradise Valley Fund (Organization Code 17760107).

Total authorization for the North Cordelia service agreement is $234,927 for an initial sixmonth term and is budgeted in the LLMD No. 13 – North Cordelia Fund (Organization Code 18160107).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Staff notified members of the community engagement working groups in each district, the Rolling Hills Neighborhood Network, and a representative of the North Cordelia Edgewater Homeowners Association of the proposed termination of New Image Landscape Company and new service agreements with TerraCare Associates.

ALTERNATIVE ACTION
If council chooses not to approve the attached resolutions, New Image Landscape Company will continue providing reduced landscape maintenance services in each district.

STAFF CONTACT
Chris Lewis, Sr. Management Analyst
(707) 4287089
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution for LLMD No. 7 Service Agreement Attachment 2: Proposed Service Agreement for LLMD No. 7 Attachment 3: Proposed Resolution for LLMD No. 11 Service Agreement Attachment 4: Proposed Service Agreement for LLMD No. 11 Attachment 5: Proposed Resolution for LLMD No. 13 Service Agreement Attachment 6: Proposed Service Agreement for LLMD No. 13 REVIEWERS:

Reviewer Action Date
Kaushal, Paul Rejected 11/23/2022 6:31 PM
Kaushal, Paul Approved 11/23/2022 6:47 PM
Beavers, Esther Approved 11/23/2022 7:32 PM
Beavers, Esther Approved 11/23/2022 7:33 PM
Packet Page 923 of 1050

CITY OF FAIRFIELD

RESOLUTION NO. 2022-332

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A CONTRACTOR

SERVICE AGREEMENT WITH TERRACARE ASSOCIATES FOR LANDSCAPE MAINTENANCE

SERVICES IN THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 7 – ROLLING HILLS

WHEREAS, on July 7, 2021, City staff informed the City Council that fiscal year (FY) 2021-2022 and FY 2022-2023 assessment revenue for Landscaping and Lighting Maintenance District (LLMD) No. 7 – Rolling Hills (Rolling Hills) would be insufficient to provide a level of landscape maintenance services comparable to the level of services provided in FY 2020 -2021; and

WHEREAS, on December 21, 2021, the council approved a contractor service agreement with New Image Landscape Company for reduced landscape maintenance services in the district and directed staff to explore options to provide additional funding to the distri ct for the provision of services comparable to the level of services provided in FY 2020-2021 while a community engagement and Proposition 218 process was conducted; and

WHEREAS, on May 3, 2022, the council authorized a $410,000 loan and budget transfer from the General Fund to the district to fund an enhanced level of landscape maintenance service through FY 2022-2023; and

WHEREAS, the city wishes to terminate the agreement with New Image Landscape Company due to consistent nonperformance; and

WHEREAS, the city requested proposals from three qualified landscape maintenance service providers for an enhanced level of landscape maintenance services, and TerraCare Associates was selected as the most qualified company; and

WHEREAS, funding for these services have been appropriated in LLMD No. 7 – Rolling Hills budget for FY 2022-2023.

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

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RES. NO. 2022-332

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7 – Rolling Hills in the amount of $240,778 for an initial six-month term beginning January 1, 2023, and ending June 30, 2023.

Section 3. The public works director is authorized and directed to do all things necessary to implement the Agreement.

PASSED AND ADOPTED this 6th day of December, 2022, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK

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CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 7 – ROLLING HILLS

CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.”

3) FACILITIES AND EQUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

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 from January 1, 2023, through June 30, 2023. This Agreement may be extended for up to two (2) additional terms of up to twenty-four (24) months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties.

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EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:

David Gassaway, Interim City Manager

TerraCare Associates

By:

Brian Helgoe, CEO
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EXHIBIT “A”

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES

Landscaping and Lighting Maintenance District No. 7 – Rolling Hills located north of the Putah South Canal and west of Interstate 80. Refer to the Area Index Maps. CONTRACTOR should conduct an independent field survey for exact measurement.

2. DESCRIPTION OF SERVICES

IV. Hard Fescue
a. CONTRACTOR shall remove the seed heads from Hard Fescue (no-mow Fescue) and remove seed heads from the job site after cutting.

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b. CONTRACTOR shall repeat the work if seed heads are missed. c. CONTRACTOR shall perform edging of Hard Fescue (no-mow Fescue).

VII. Tree Wells
a. Tree wells in lawn shall be maintained free of turf, weeds, and all debris at all times.

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B. Tree Care
CONTRACTOR shall be responsible for all tree maintenance.

I. Pruning
a. CONTRACTOR shall ensure that only professionally qualified personnel perform pruning using approved methods and techniques and International Society of Arboriculture (ISA) pruning standards.
b. All pruning cuts shall maintain the tree’s natural appearance and the branch bark ridge, and shall be cleanly cut with no tearing of the bark.
c. Trees shall be thinned out and shaped when necessary to prevent spread or wind damage.
d. Excessive pruning, stubbing back, and flush cuts shall not be permitted. e. Lower branches overhanging walkways or paths shall be raised to a height of eight (8) feet, or to a height specified by CITY.
f. Lower branches overhanging streets or driveways shall be raised to a height of fifteen (15) feet or to a height specified by CITY.
g. Dead and damaged branches, suckers, water sprouts, and other undesirable growth shall be removed.
h. All hazards shall be removed immediately.

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VI. Weed Control
a. CONTRACTOR shall perform weed control in all shrub and ground cover areas.

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d. Snails and slugs shall be controlled with the use of CITY approved metaldehyde snail bait.

D. Irrigation System
I. General
a. CONTRACTOR shall provide labor, equipment, and materials for the repair or replacement of all irrigation system components beyond the water meter including leaking or malfunctioning main lines, lateral lines, sprinkler heads, valves, backflow prevention devices less than 4-inches in size, quick couplers, and irrigation controllers.

Repair or replacement of all malfunctioning irrigation system components shall be included in the total value of this contract.
b. Backflow prevention devices sized 4-inches and larger shall be the responsibility of CITY. c. Before beginning these maintenance program operations under the provisions of this Agreement, CONTRACTOR shall inspect all installed irrigation systems at each site and shall report damages or malfunctions of any system to CITY. d. It is CITYs objective to actively pursue water conservation within the maintenance program and CITY shall closely monitor the administration and specifications of irrigation.
e. CONTRACTOR shall adjust the irrigation system as necessary to prevent overspray onto paved areas and runoff down the gutters. Multiple repeat cycles shall be utilized as needed to provide best irrigation efficiency.
f. All controller stations shall be legibly labeled inside each controller box. Labeling shall include a description of the areas covered by each station. g. Flushing of systems and cleaning or replacement of all filters within the irrigation system is routine maintenance and shall not be considered extra work. CONTRACTOR shall flush the end of drip lines monthly to remove all dirt buildup. h. Plant material exhibiting signs of wilting due to lack of water shall result in withholding of monthly payment until the problem is corrected. Manual watering will be required as necessary to regain plant vigor at no extra cost to CITY. i. CONTRACTOR shall maintain all valve boxes and lids in good condition. This includes removal of any plant growth inside the boxes and removing any excessive dirt or debris from the inside of the box. Standing water in the valve boxes shall not be allowed to remain permanently.
j. CITY may, at its option, perform repairs in-house.

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f. CONTRACTOR shall perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 15th each year, unless otherwise directed by CITY.

III. Water Requirements
a. CONTRACTOR shall ensure watering requirements are met within each landscape area.

Any minor changes such as vertical or horizontal riser extensions, sprinkler head exchanges, and filter replacements will be considered shall be included in the total value of this contract.
c. All electrically operated valves shall close completely at the conclusion of the station watering program. Weeping valves shall be immediately repaired. d. Valve boxes shall be kept clean of rocks, soil, debris, and silt to a depth of 2” below the bottom of the valve. All valve box lids shall be in place and locking bolts secured at all times.

IV. Irrigation Repairs and Replacement
a. CONTRACTOR shall employ only qualified personnel to check irrigation controllers and activate all stations on every controller each week. Repairs and adjustments shall be made at that time.
b. Backflow prevention devices that have been repaired or replaced by CONTRACTOR shall be tested and approved by a certified tester on the City of Fairfield Certified Backflow Tester List prior to being returned to service.
c. Backflow prevention device installations shall meet City of Fairfield specifications.

CONTRACTOR shall obtain a no-fee encroachment permit prior to installation.

Installations that fail to meet specifications shall be corrected at CONTRACTOR expense. d. Any repair that necessitates removal of a valve body shall include the installation of pea gravel to a depth of four (4) inches below the valve and a union between the main line and the valve.
e. Main irrigation lines shall not demonstrate leakage when all control valves are in the closed position. Main line repairs shall be included in the total value of this contract. f. All irrigation system repairs, including vandalism shall be completed within 24 hours of CONTRACTOR receiving notification. If repairs cannot be accomplished within the designated time period, CONTRACTOR shall notify CITY immediately of the condition and provide an estimated time of when the repairs will be made. CONTRACTOR shall be responsible for watering the area effected by the irrigation system failure by other means (i.e. hose, etc.) until repairs are completed.
g. CONTRACTOR shall replace all broken irrigation system components with items of the same brand and model, or as approved by CITY.
h. All valves shall be kept in such condition that they are able to be manually operated by the bleeder valve.
i. CONTRACTOR shall repair and replace damaged or missing portions of the irrigation system if such damage or missing material is caused by any source other than major vandalism where the cost of replacement materials exceeds five hundred dollars ($500) before mark-up
j. CONTRACTOR shall be responsible for up to five hundred dollars ($500) of materials DocuSign Envelope ID: 65198F19-F77A-49B8-918E-5100382D300A Packet Page 933 of 1050Attachment 2 Page 8 of 31

before mark-up and all labor costs for the repair or replacement of any irrigation system components damaged or missing as a result of vandalism

V. Controller Repairs
a. Repairs to irrigation controllers shall be CONTRACTOR’s responsibility. Controllers that are beyond repair will be replaced at CONTRACTOR’s expense. b. Automatic controllers and electrical conductors shall be kept operational year-round.

Controllers will be inspected periodically by CITY to ensure that each system’s programming is operational.
c. Controller cabinets shall be maintained clear of debris, nests, snails, and insects.

E. Fertilizer Standards
a. A balanced slow-release fertilizer with micro-nutrients is the minimum requirement for all applications.
b. Fertilizer selection must be approved by CITY.
c. CONTRACTOR must provide prior notification of planned fertilizer applications to receive payment for the application.
d. CONTRACTOR shall recover plant material that demonstrates leaf burning or other forms of chemical harm within 120 days from the date of notification or replace the plant material at its own expense.
e. Fertilizer applications which fail to produce the desired results shall be repeated at CONTRACTOR's own expense.

F. Pest Management
I. Laws and Regulations
a. CONTRACTOR shall comply with all Federal, State, and local laws and regulations governing the use of chemicals for the control of weeds, diseases and pests, including obtaining all the required permits and licenses for the possession and use of pesticides. b. CONTRACTOR shall register with the Solano County Department of Agriculture and shall obtain a Solano County Operator Identification Number for each year of the contract.

CONTRACTOR’s expense.

G. General Maintenance and Cleanup
I. General
a. CONTRACTOR shall collect all mowed grass, clippings, trimmings, cuttings, rubbish and debris at each site covered by this Agreement and shall remove the same promptly from each site and dispose of same in a lawful manner at CONTRACTOR’s expense. b. All broken glass shall be immediately removed when discovered. c. CONTRACTOR shall keep sidewalks and paved areas swept and free of any dirt or soil that might be washed from adjacent slopes or planted areas.
d. CONTRACTOR shall repair any eroded places on the landscaped area covered by this Agreement by replacement of topsoil to bring such eroded places back to original grade.

II. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass, and pruning debris.

H. High Weed Mowing
I. CONTRACTOR shall perform high weed mowing in areas shown in the Area Index Maps section and in accordance with the maintenance schedule attached hereto.

II. Weeds shall be mowed to a height less than four (4) inches.

III. Any weeds/grass left standing along fences or structures after mowing must be cut.

I. Miscellaneous Facilities
Services listed below shall be included in the total value of this contract.

I. Drainage System Areas
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a. All drainage systems used for the purposes of rainwater or irrigation water collection, including surface swales, trench drains, V-ditches, catch basins, or gutters shall be maintained in a clean condition free of debris, erosion waste, weeds, or any blockages. b. CONTRACTOR shall not be responsible for natural creeks and streams under this contract.
c. CONTRACTOR shall prevent any material created as a result of performing the work under this Agreement from entering the storm drain system. The storm drain system includes, but is not limited to, the gutter, the roadway, V-ditches, catch basins, creeks, and any underground storm water conduit. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work. d. All concrete-lined ditches within the landscape areas shall be kept clean and clear at all times. The catch basins that these ditches empty into shall be thoroughly cleaned out once per month by the 15th of each month between October 15 to April 15. More frequent cleaning may be required due to heavy rains. Edges should be checked periodically for erosion and damage to concrete structures. Special care will be taken by CONTRACTOR to keep debris out of all basins while V-ditch maintenance is occurring. e. CONTRACTOR shall notify CITY if drainage system is blocked by any offsite debris or erosion waste. Correction of the blockage will be coordinated by CITY. CONTRACTOR shall be entitled to additional compensation if CONTRACTOR performs works to correct blockage at CITY’s request.

III. Sidewalks and Driveways
a. Debris and silt shall be immediately removed from sidewalks, gutters and driveways.

IV. Gravel Access Roads
a. CONTRACTOR shall apply pre-emergent herbicide on gravel access roads and keep the roads litter and weed free.

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3. MAINTENANCE SCHEDULE

All schedules are subject to change at the pleasure of CITY or due to weather and other considerations.

LAWN AND HARD FESCUE CARE FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Mow Weekly
Edging Weekly
Spot weed control Weekly
Hard Fescue (no-mow Fescue) edging 4x per year in February, May, September, and November
Hard Fescue (no-mow Fescue) seed head
removal
2x per year in June and July
Aeration and renovation 2x per year in March and September Pre-emergent weed control for broadleaf and
grassy weeds
4x per year in March, May, August, and November
Post-emergent weed control for broadleaf
and grassy weeds
4x per year in March, May, August, and November
Disease, insect, and rodent infestation control As Needed Fertilization 4x per year in March and September (within one week after aeration) and in May and November

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IRRIGATION SYSTEM FREQUENCY
System checks Weekly
Repairs Within 24-hours (business days) of notification Clean pump filters As needed, at least 4x per year (once per quarter)

GRAVEL ACCESS ROADS FREQUENCY
Leaf, litter, and trash removal Weekly
Pre-emergent 2x per year in February and November
Weed Control As needed

MISCELLANEOUS FACILITIES FREQUENCY
High weed mowing in undeveloped areas 3x per year in April, June, September V-ditch/drain inlet cleaning Weekly between October 15 and April 15

PAVED AREAS FREQUENCY
Leaf, litter and trash removal Weekly

SITE CONSIDERATIONS FREQUENCY
Site Inspections with CITY At least once per month

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4. AREA MAPS INDEX

A. Map 1

= District Boundaries

= High Weed Mow Area

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B. Map 2

= District Boundaries

= High Weed Mow Area

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C. Map 3

= District Boundaries

= High Weed Mow Area

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D. Map 4

= District Boundaries

= High Weed Mow Area

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EXHIBIT “B”

PAYMENT

1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $240,778.
2) Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice. Final invoice to be submitted on completion of scope of work set forth in Exhibit “A”. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to by the CITY and CONTRACTOR and shall be billed on a time and materials basis to the City of Fairfield.

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EXHIBIT “C”

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

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) CONTRACTOR NOT A PUBLIC OFFICIAL. CONTRACTOR is not a "public official" for purposes of Government Code §§ 87200 et seq. CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR in the amount of $600 (six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONTRACTOR 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 CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the DocuSign Envelope ID: 65198F19-F77A-49B8-918E-5100382D300A Packet Page 945 of 1050Attachment 2 Page 20 of 31

Attention is directed to the Federal Minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rates. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Co ntractor and subcontractors shall pay not less than the Federal minimum wage rates, which most closely approximates the duties of the employees in question.

Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

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EXHIBIT “D”

Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.

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PAYMENT BOND
(LABOR AND MATERIALS)
(include if project is over $25k)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Fairfield (“City”) has awarded to

(Name and address of Contractor)
(“Contractor”), a contract (the “Contract”) for the work described as follows:

LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 7 – ROLLING HILLS
WHEREAS, Contractor is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of two hundred forty thousand seven hundred seventy-eight dollars ($240,778), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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Dated:

“Contractor” “Surety”

By: By:

Title Title
By: By:

Title Title
(Seal) (Seal)
Note: This bond must be executed and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

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Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

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Certificate Of Completion
Envelope Id: 65198F19F77A49B8918E5100382D300A Status: Completed Subject: Complete with DocuSign: TerraCare Agreement for LLMD No. 7 - Rolling Hills (Final).docx Source Envelope:

Document Pages: 26 Signatures: 1 Envelope Originator:

Certificate Pages: 5 Initials: 0 Christiana Lewis
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
11/28/2022 12:01:44 PM
Holder: Christiana Lewis
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Fairfield Location: DocuSign Signer Events Signature Timestamp
Brian Helgoe
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.204.22.44
Signed using mobile
Sent: 11/28/2022 12:09:09 PM
Viewed: 11/28/2022 12:28:38 PM
Signed: 11/28/2022 4:04:45 PM
Electronic Record and Signature Disclosure:

Accepted: 11/28/2022 4:04:29 PM
ID: c86303ba-5428-444c-9444-0fe0704bf923
In Person Signer Events Signature Timestamp
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David Mortensen
[email protected]
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Sent: 11/28/2022 12:09:09 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Gary Sponsler
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/28/2022 12:09:09 PM
Viewed: 11/28/2022 1:45:04 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
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Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/28/2022 12:09:09 PM
Certified Delivered Security Checked 11/28/2022 12:28:38 PM Signing Complete Security Checked 11/28/2022 4:04:45 PM Completed Security Checked 11/28/2022 4:04:45 PM
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Electronic Record and Signature Disclosure
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CITY OF FAIRFIELD

RESOLUTION NO. 2022-333

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A CONTRACTOR

SERVICE AGREEMENT WITH TERRACARE ASSOCIATES FOR LANDSCAPE MAINTENANCE

SERVICES IN THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 11 – PARADISE VALLEY NORTH

WHEREAS, on July 7, 2021, City staff informed the City Council that fiscal year (FY) 2021-2022 and FY 2022-2023 assessment revenue for Landscaping and Lighting Maintenance District (LLMD) No. 11 – Paradise Valley North would be insufficient to provide a level of landscape maintenance services comparable to the level of services provided in FY 2020-2021; and

WHEREAS, on December 21, 2021, the council approved a contractor service agreement with New Image Landscape Company for reduced landscape maintenance services in the district and directed staff to explore options to provide additional funding to the district for the provision of services comparable to the level of services provided in FY 2020-2021 while a community engagement and Proposition 218 process was conducted; and

WHEREAS, on May 3, 2022, the council authorized a $175,000 loan and budget transfer from the General Fund to the district to fund an enhanced level of landscape maintenance service through FY 2022-2023; and

WHEREAS, the city wishes to terminate the agreement with New Image Landscape Company due to consistent nonperformance; and

WHEREAS, funding for these services has been appropriated in LLMD No. 11 – Paradise Valley North budget for FY 2022-2023.

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

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RES. NO. 2022-333

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11 – Paradise Valley North in the amount of $136,163 for an initial six-month term beginning January 1, 2023, and ending June 30, 2023.

Section 3. The public works director is authorized and directed to do all things necessary to implement the Agreement.

PASSED AND ADOPTED this 6th day of December, 2022, by the following vote:

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK

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CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 11 – PARADISE VALLEY NORTH

CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.”

3) FACILITIES AND EQUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

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EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:

David Gassaway, Interim City Manager

TerraCare Associates

By:

Brian Helgoe, CEO
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EXHIBIT “A”

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES

Landscaping and Lighting Maintenance District No. 11 – Paradise Valley North located north of the Dickson Hill Road and east of Interstate 80. Refer to the Area Index Maps. CONTRACTOR should conduct an independent field survey for exact measurement.

2. DESCRIPTION OF SERVICES

IV. Aeration and Renovation
a. Lawn and Hard Fescue areas shall be aerated using a coring tine aerator (plugger) and shall be renovated as necessary to retain health and quality.

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b. Frequency of aeration shall be adjusted to maintain appropriate water penetration. c. All sprinkler heads, quick couplers, and other obscure features in lawn area shall be flagged prior to aeration.
d. CONTRACTOR shall make multiple passes with aerating device to ensure that holes are no more than six (6) inches apart.
e. Tines shall penetrate at least 2 ½ inches deep. Plug removal is not necessary. f. Immediately following aeration, CONTRACTOR shall bring bare patches and depressions to grade level and reseed the area.
g. CONTRACTOR must provide prior notification of planned turf renovation to receive payment for the work.

VI. Tree Wells
a. Tree wells in lawn shall be maintained free of turf, weeds, and all debris at all times.

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c. CONTRACTOR shall prevent runoff and ponding by setting irrigation controllers repeat cycling, where possible, to allow water to absorb.

B. Tree Care
CONTRACTOR shall be responsible for all tree maintenance.

I. Pruning
a. CONTRACTOR shall ensure that only professionally qualified personnel perform pruning using approved methods and techniques and International Society of Arboriculture (ISA) pruning standards.
b. All pruning cuts shall maintain the tree’s natural appearance and the branch bark ridge and shall be cleanly cut with no tearing of the bark.
c. Trees shall be thinned out and shaped when necessary to prevent spread or wind damage.
d. Excessive pruning, stubbing back, and flush cuts shall not be permitted. e. Lower branches overhanging walkways or paths shall be raised to a height of eight (8) feet, or to a height specified by CITY.
f. Lower branches overhanging streets or driveways shall be raised to a height of fifteen (15) feet or to a height specified by CITY.
g. Dead and damaged branches, suckers, water sprouts, and other undesirable growth shall be removed.
h. All hazards shall be removed immediately.

C. Shrub and Ground Cover Care
I. Shrub Pruning
a. Shrubs shall be tapered back to form a natural appearance; no vertical edges allowed.

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b. Shrubs and ground cover shall be pruned to prevent encroachment on walkways, streets, paths, curbs, paved areas, signs, fence lines, and lines of sight. Shrubs and ground cover shall be maintained inside the edges of curbs or planter bed borders. c. Shrubs and ground cover shall be pruned to remove all dead or damaged growth.

VI. Weed Control
a. CONTRACTOR shall perform weed control in all shrub and ground cover areas.

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II. Irrigation Scheduling and Adjustments
a. CONTRACTOR shall program controllers to maintain healthy growing plant material. Each month CONTRACTOR shall provide CITY with a complete written schedule of watering for all controllers.
b. Irrigation schedules shall be coordinated with CITY and shall take place between 9:00 PM and 6:00 a.m., whenever possible. Saturdays, Sundays, afternoons, and early evening are the high public use times. Watering shall not take place Fridays at 7:00 a.m. through Sundays at 9:00 p.m., unless otherwise approved by CITY. c. Drip irrigation systems may be operated during the day. d. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences, and other property that may be damaged by water.
e. In the event that CITY crews are required to adjust irrigation scheduling due to CONTRACTOR’s improper management, CONTRACTOR may be billed CITY staff time and materials.
f. CONTRACTOR shall perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 15th each year, DocuSign Envelope ID: F9A8FFDB-8E4B-4642-8522-9E4771059441 Packet Page 965 of 1050Attachment 4 Page 7 of 39

unless otherwise directed by CITY.

III. Water Requirements
a. CONTRACTOR shall ensure watering requirements are met within each landscape area.

IV. Irrigation Repairs and Replacement
a. CONTRACTOR shall employ only qualified personnel to check irrigation controllers and activate all stations on every controller each week. Repairs and adjustments shall be made at that time.
b. Backflow prevention devices that have been repaired or replaced by CONTRACTOR shall be tested and approved by a certified tester on the City of Fairfield Certified Backflow Tester List prior to being returned to service.
c. Backflow prevention device installations shall meet City of Fairfield specifications.

CONTRACTOR shall obtain a no-fee encroachment permit prior to installation.

Installations that fail to meet specifications shall be corrected at CONTRACTOR expense. d. Any repair that necessitates removal of a valve body shall include the installation of pea gravel to a depth of four (4) inches below the valve and a union between the main line and the valve.
e. Main irrigation lines shall not demonstrate leakage when all control valves are in the closed position. Main line repairs shall be included in the total value of this contract. f. All irrigation system repairs, including vandalism shall be completed within 24 hours of CONTRACTOR receiving notification. If repairs cannot be accomplished within the designated time period, CONTRACTOR shall notify CITY immediately of the condition and provide an estimated time of when the repairs will be made. CONTRACTOR shall be responsible for watering the area effected by the irrigation system failure by other means (i.e. hose, etc.) until repairs are completed.
g. CONTRACTOR shall replace all broken irrigation system components with items of the same brand and model, or as approved by CITY.
h. All valves shall be kept in such condition that they are able to be manually operated by the bleeder valve.
i. CONTRACTOR shall repair and replace damaged or missing portions of the irrigation system if such damage or missing material is caused by any source other than major vandalism where the cost of replacement materials exceeds five hundred dollars ($500) before mark-up
j. CONTRACTOR shall be responsible for up to five hundred dollars ($500) of materials before mark-up and all labor costs for the repair or replacement of any irrigation system components damaged or missing as a result of vandalism
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Controllers will be inspected periodically by CITY to ensure that each system’s programming is operational.
c. Controller cabinets shall be maintained clear of debris, nests, snails, and insects.

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II. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass, and pruning debris.

H. High Weed Mowing
I. CONTRACTOR shall perform high weed mowing in areas shown in the Area Index Maps section and in accordance with the maintenance schedule attached hereto.

II. Weeds shall be mowed to a height less than four (4) inches.

III. Any weeds/grass left standing along fences or structures after mowing must be cut.

I. Miscellaneous Facilities
Services listed below shall be included in the total value of this contract.

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b. CONTRACTOR shall not be responsible for natural creeks and streams under this contract.
c. CONTRACTOR shall prevent any material created as a result of performing the work under this Agreement from entering the storm drain system. The storm drain system includes, but is not limited to, the gutter, the roadway, V-ditches, catch basins, creeks, and any underground storm water conduit. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work. d. All concrete-lined ditches within the landscape areas shall be kept clean and clear at all times. The catch basins that these ditches empty into shall be thoroughly cleaned out once per month by the 15th of each month between October 15 to April 15. More frequent cleaning may be required due to heavy rains. Edges should be checked periodically for erosion and damage to concrete structures. Special care will be taken by CONTRACTOR to keep debris out of all basins while V-ditch maintenance is occurring. e. CONTRACTOR shall notify CITY if drainage system is blocked by any offsite debris or erosion waste. Correction of the blockage will be coordinated by CITY. CONTRACTOR shall be entitled to additional compensation if CONTRACTOR performs works to correct blockage at CITY’s request.

III. Sidewalks and Driveways
a. Debris and silt shall be immediately removed from sidewalks, gutters and driveways.

IV. Gravel Access Roads
a. CONTRACTOR shall apply pre-emergent herbicide on gravel access roads and keep the roads litter and weed free.

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3. MAINTENANCE SCHEDULE

All schedules are subject to change at the pleasure of CITY or due to weather and other considerations.

LAWN CARE FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Mow Weekly
Edging Weekly
Spot weed control Weekly
Aeration and renovation 2x per year in March and September Pre-emergent weed control for broadleaf and
grassy weeds
4x per year in March, May, August, and November
Post-emergent weed control for broadleaf
and grassy weeds
4x per year in March, May, August, and November
Disease, insect, and rodent infestation control As Needed Fertilization 4x per year in March and September (within one week after aeration) and in May and November

SHRUBS AND GROUNDCOVER CARE FREQUENCY
Leaf, litter, and trash removal Monthly
Weed control Weekly
Shrub pruning 3x per year in April/May, July/August, and October/November
Mow Vinca and Hypericum 2x per year in March and September Prune & edge groundcover 4x per year in February, May, September, and November
Fertilization 4x per year in February, April, July, and October in areas covered by overhead irrigation
2x per year in February and November in areas
covered by drip irrigation
Pre-emergent weed control 4x per year in February, May, August, and November in areas covered by overhead irrigation
2x per year in February and November in areas
covered by drip irrigation
Pest and disease control As needed

IRRIGATION SYSTEM FREQUENCY
System checks Monthly
Repairs Within 24-hours (business days) of notification Clean pump filters As needed, at least 4x per year (once per quarter) DocuSign Envelope ID: F9A8FFDB-8E4B-4642-8522-9E4771059441 Packet Page 970 of 1050Attachment 4 Page 12 of 39

GRAVEL ACCESS ROADS FREQUENCY
Leaf, litter, and trash removal Monthly
Pre-emergent 2x per year in February and November
Weed Control As needed

MISCELLANEOUS FACILITIES FREQUENCY
High weed mowing in undeveloped areas 3x per year in April, June, September V-ditch/drain inlet cleaning Weekly between October 15 and April 15

PAVED AREAS FREQUENCY
Leaf, litter and trash removal Monthly

SITE CONSIDERATIONS FREQUENCY
Site Inspections with CITY At least once per month

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4. AREA MAPS INDEX

A. Map 1

= Maintenance Area

= High Weed Mow Area