Agenda — Fairfield City Council, April 4, 2023

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

Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via phone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Scott Tonnesen
Councilmember Rick Vaccaro
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
INVOCATION Worship Pastor John Reed, Fairfield Church of Christ PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
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PRESENTATIONS

1.Poem Reading "Why Read Poetry?" by Poet Laureate Suzanne Bruce Contact:Karen L. Rees, (707) 4287767
a

2.Proclamation Declaring National Poetry Month Presented by Councilmember K. Patrice Williams
Contact:Karen Rees, (707) 428 7767
a

3.Proclamation Declaring Education & Sharing Day Presented by Councilmember Rick Vaccaro Contact:Karen Rees, (707) 428 7767
a

4.Proclamation Declaring Fair Housing Month Presented by Councilmember Scott Tonnesen Contact:Karen Rees, (707) 428 7767
a

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

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

6.Resolution 202355 of the City Council of the City of Fairfield Authorizing Execution of the Improvement Agreement for the Canon Station Planning Area 5 – Phase 1 Backbone Roads Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Alvin Lei, (707) 4287476
a

7.Resolution 202356 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Service Agreement with Carollo Engineers, Inc. to Provide Engineering and Design Services for the Midtown FiveYear Sewer Replacement Plan Recommended Action
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Funding Source
$1,398,310; Sewer Main Capital Fund
Contact:Pavan Prasad, (707) 4287431
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8.Resolution 202357 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Landscape Maintenance Agreement Between the City of Fairfield and the State of California (Caltrans) for Improvements on State Route 12 at Webster Street, Jackson Street, and Pennsylvania Avenue (Clean California)
Recommended Action
Adopt resolution.

Funding Source
$100,000; General Fund
Contact:Caroline Vedder, (707) 4287484
a

9.Resolution 202358 of the City Council of the City of Fairfield Authorizing the City Manager to Submit a Priority Development Area Grant Application in the Amount of $200,000 in Response to the Metropolitan Transportation Commission’s Priority Development Area Grant Call for Projects and Authorizing the City Manager to Commit up to $200,000 in Matching Funds in the Form of Staff Time
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Jonathan Atkinson, (707) 4287387
a
NEW BUSINESS

10.Resolution 202359A of the City Council of the City of Fairfield Ratifying the City Manager's Proclamation of Existence of a Local Emergency
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:David Gassaway, (707) 4287400
a
PUBLIC HEARINGS

11.Public Hearing; and
First Reading and Introduction of Ordinance 202308 of the City Council of the City of Fairfield Amending Section 25(E) of Chapter 10E of the Municipal Code, also Known as Commercial Cannabis Businesses, to Allow Curbside Delivery at Licensed Storefront Cannabis Retailers Recommended Action
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.

Funding Source
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILAMENDED REGULAR MEETINGTUESDAY, APRIL 4, 2023; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, andwebstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoomat https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or viaphone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Doug CarrCouncilmember Doriss PanduroCouncilmemberScott TonnesenCouncilmember Rick VaccaroCouncilmember K. Patrice Williams Vice Mayor Pam BertaniMayor Catherine "Cat" MoyINVOCATION Worship Pastor John Reed, Fairfield Church of ChristPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Poem Reading "Why Read Poetry?" by Poet Laureate Suzanne BruceContact:Karen L. Rees, (707) 4287767a2.Proclamation Declaring National Poetry Month Presented by Councilmember K. PatriceWilliamsContact:Karen Rees, (707) 428 7767a3.Proclamation Declaring Education & Sharing Day Presented by Councilmember Rick VaccaroContact:Karen Rees, (707) 428 7767a4.Proclamation Declaring Fair Housing Month Presented by Councilmember Scott TonnesenContact:Karen Rees, (707) 428 7767a5.Recognizing Stephanie Beardsley Presented by Police Chief Dan MarshallContact:Karen Rees, (707) 428 7767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.6.Resolution 202355 of the City Council of the City of Fairfield Authorizing Execution of theImprovement Agreement for the Canon Station Planning Area 5 – Phase 1 Backbone RoadsRecommended ActionAdopt resolution.Funding SourceN/AContact:Alvin Lei, (707) 4287476a7.Resolution 202356 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Professional Service Agreement with Carollo Engineers, Inc. to Provide Engineeringand Design Services for the Midtown FiveYear Sewer Replacement PlanRecommended ActionAdopt resolution.Funding Source$1,398,310; Sewer Main Capital FundContact:Pavan Prasad, (707) 4287431a8.Resolution 202357 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Landscape Maintenance Agreement Between the City of Fairfield and the State ofCalifornia (Caltrans) for Improvements on State Route 12 at Webster Street, Jackson Street,and Pennsylvania Avenue (Clean California)Recommended ActionAdopt resolution.Funding Source$100,000; General FundContact:Caroline Vedder, (707) 4287484a9.Resolution 202358 of the City Council of the City of Fairfield Authorizing the City Manager toSubmit a Priority Development Area Grant Application in the Amount of $200,000 in Responseto the Metropolitan Transportation Commission’s Priority Development Area Grant Call forProjects and Authorizing the City Manager to Commit up to $200,000 in Matching Funds in theForm of Staff TimeRecommended ActionAdopt resolution.Funding SourceN/AContact:Jonathan Atkinson, (707) 4287387aNEW BUSINESS10.Resolution 202359A of the City Council of the City of Fairfield Ratifying the City Manager'sProclamation of Existence of a Local EmergencyRecommended ActionAdopt resolution.Funding SourceN/AContact:David Gassaway, (707) 4287400aPUBLIC HEARINGS11.Public Hearing; and First Reading and Introduction of Ordinance 202308 of the City Council of the City of FairfieldAmending Section 25(E) of Chapter 10E of the Municipal Code, also Known as CommercialCannabis Businesses, to Allow Curbside Delivery at Licensed Storefront Cannabis RetailersRecommended ActionHold public hearing; waive full reading, read by title only and introduce ordinance for first reading.

Funding Source
N/A
Contact:David Feinstein, (707) 4287448
a
ADJOURN TO TUESDAY, APRIL 18, 2023, 6:00 P.M., COUNCIL CHAMBER.

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

PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Wednesday, March 29, 2023.

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Agenda Item No: 6.

AGENDA REPORT
DATE:April 4, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202355 of the City Council of the City of Fairfield Authorizing Execution of the Improvement Agreement for the Canon Station Planning Area 5 – Phase 1 Backbone Roads
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City’s Planning Commission adopted Resolution No. PC202122, approving a master planned unit development permit for Planning Area (PA) 5 of the Train Station Specific Plan (TSSP). One Lake Holding, LLC (Developer) desires to construct residential homes within PA 5 and requires roadway and utility improvements to serve the residential neighborhoods. The recommended action authorizes the city manager to execute an improvement agreement (Agreement) authorizing the Developer to construct the public infrastructure necessary to serve future neighborhoods within PA 5 (Backbone Improvements).

DISCUSSION
Roadway connectivity between the various planning areas is a primary focus of the TSSP. Chapter 10 envisions “Street A”, or Lake Club Drive, connecting to and continuing through PA 5. The Developer has completed Lake Club Drive improvements within the adjacent PA 4 development and is prepared to construct the Backbone Improvements, extending Lake Club Drive from its terminus into PA 5. The Backbone Improvements are necessary to provide pedestrian and vehicle access, in addition to water, sewer, and storm drain services, to future residents within Neighborhood R, L, K1, which City Council previously authorized for construction, and future residents within PA 5 overall.

As part of the Backbone Improvements, the Developer is also constructing improvements extending the 30inch water transmission main within the PA 4 development into PA 5.

The Backbone Improvements provides future residents direct access and connectivity to the amenities within the adjacent PA 4 development, including the lake, lake club house, and the 10acre park. The Developer is proposing landscape improvements along this roadway corridor, including maple trees, Packet Page 5 of 95

Agenda Item No: 6.AGENDA REPORTDATE:April 4, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202355 of the City Council of the City of Fairfield Authorizing Execution ofthe Improvement Agreement for the Canon Station Planning Area 5 – Phase 1Backbone RoadsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City’s Planning Commission adopted Resolution No. PC202122, approving a master planned unitdevelopment permit for Planning Area (PA) 5 of the Train Station Specific Plan (TSSP). One LakeHolding, LLC (Developer) desires to construct residential homes within PA 5 and requires roadway andutility improvements to serve the residential neighborhoods. The recommended action authorizes thecity manager to execute an improvement agreement (Agreement) authorizing the Developer toconstruct the public infrastructure necessary to serve future neighborhoods within PA 5 (BackboneImprovements). DISCUSSIONRoadway connectivity between the various planning areas is a primary focus of the TSSP. Chapter 10envisions “Street A”, or Lake Club Drive, connecting to and continuing through PA 5. The Developer hascompleted Lake Club Drive improvements within the adjacent PA 4 development and is prepared toconstruct the Backbone Improvements, extending Lake Club Drive from its terminus into PA 5. TheBackbone Improvements are necessary to provide pedestrian and vehicle access, in addition to water,sewer, and storm drain services, to future residents within Neighborhood R, L, K1, which City Councilpreviously authorized for construction, and future residents within PA 5 overall.As part of the Backbone Improvements, the Developer is also constructing improvements extending the30inch water transmission main within the PA 4 development into PA 5.The Backbone Improvements provides future residents direct access and connectivity to the amenities within the adjacent PA 4 development, including the lake, lake club house, and the 10acre park. The Developer is proposing landscape improvements along this roadway corridor, including maple trees, that are consistent with existing landscape along Lake Club Drive, immersing future residents in the overall One Lake community. Similar to the PA 4 development, a Homeowner’s Association (HOA) will own and maintain the improvements between the street curb and property line, including landscape, irrigation, streetlights, and sidewalks (pedestrian realm improvements). The HOA is also responsible to provide maintenance for the pedestrian realm improvements.

The Developer will minimize disturbances to residents within PA 4 by working within the allowed construction hours between 7am5pm, providing dust control, and conducting public outreach to notify residents of any anticipated construction impacts.

The Developer has provided all of the necessary bonds and insurance, and paid the fees required to enter into this Agreement.

FINANCIAL IMPACT
There is no cost to the City in constructing the public improvements contemplated under the Agreement.

Once accepted by council, the maintenance costs for the pedestrian realm improvements will be funded by the formed TSSP Community Facilities District (CFD #20181).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The Developer has met the necessary conditions and has provided the proper documents for the Agreement. However, if the council has any questions regarding the public improvements, approval may be postponed until the questions are addressed.

STAFF CONTACT
Alvin Lei, Senior Civil Engineer
(707) 4287476
[email protected]
COORDINATED WITH
Community Development Department
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
Vicinity Map
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 3/20/2023 6:52 PM
Kaushal, Paul Approved 3/20/2023 7:06 PM
Beavers, Esther Approved 3/20/2023 7:33 PM
Beavers, Esther Approved 3/20/2023 7:33 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-55

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING EXECUTION OF THE IMPROVEMENT AGREEMENT FOR THE CANON STATION PLANNING AREA 5 – PHASE 1

BACKBONE ROADS

WHEREAS, One Lake Holding, LLC has requested the City Council approve an improvement agreement (Agreement) to install and construct street, utility, and landscape improvements extending Lake Club Drive; and

WHEREAS, the developer has provided all of the necessary bonds and insurance, and p aid the fees required to enter into this Agreement.

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

Section 1. The city manager is authorized and directed to execute, on behalf of the City of Fairfield, that certain Improvement Agreement between the City and One Lake Holding, LLC.

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

PASSED AND ADOPTED this 4th day of April, 2023, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO /TONNESEN / VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK
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CITY OF FAIRFIELD

IMPROVEMENT AGREEMENT
Canon Station Planning Area 5 - Phase 1 Backbone Roads

ONE LAKE HOLDING' LLC
THIS IMPROVEMENT AGREEMENT ("Agreement"), for purposes of identification dated 2023 is made and entered into by and between the clTY oF FAIRFIELD, a California municipalcorporation, hereinafter referred to as "City," and ONE LAKE HOLDING, LLC, a Delaware Limited Liability company, hereinafter referred to as "One Lake." City and One Lake may be collectively referred to as "Parties" or individually as a "PartY."
RECITALS:
one Lake has presented to city a development plan for land located in the City's Train Station Specific Plan, commonly known as Canon Station - Planning Area 5 (the "Development"), located within the corporate limits of City, the plan having been prepared in accordance with the requirements of the City Engineer.

This Agreement concerns improvements commonly referred to as the Phase Backbone Roads (the
A
B
c
Ca Station ino Area 5
"Required lmprovements"), allof which are incorporated into the plans and specifications of the Development.

One Lake has requested approval of the plans prior to the construction and completion of the Required lmprovements, including, but not limited to:
roadway improvements extending Lake Club Drive, improvements extending the 3o-inch water transmission main, installation of sewer, storm drain, pedestrian sidewalk, and streetlights, along with other public facilities and appurtenances as required by the City Engineer, the Ordinances of the City, and the Train Station Specific Plan, heretofore approved by the City Council of the City of Fairfield'
-1-
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AGREEMENTS:

The Parties hereto agree as follows:

1. The General Contractor: City acknowledges and agrees that One Lake is not a licensed contractor but that One Lake will be contracting with a licensed general contractor (the "General Contractor") who will furnish, construct and install the Required lmprovements pursuant to this Agreement. The contract between One Lake and General Contractor for completion of the Required lmprovements shall be referred to and incorporated herein as the Construction Contract'

2. performance of Work: One Lake agrees to furnish, construct, and install at their own expense, or cause to be furnished, constructed, and installed, all Required lmprovements as shown on the plans and specifications of the Development, a copy of which is on file in the Office of the City Engineer and is incorporated herein by reference, along with any changes and modifications as may be required by the City Engineer due to errors of omission on the Plans.

3. Work: Satisfaction of the CiW Enqineer: All of the work on the Required lmprovements is to be done at the places, with the materials, in the manner and at the grades, all as shown upon the approved plans and specifications and the City's most current Standard Specifications and Details as authorized via Fairfield City Council Resolution 2014-93, and to the satisfaction of the City Engineer. No building permits or occupancy will be allowed for any building which fronts on improvements required by this Agreement until those improvements are constructed and approved by the city Engineer and the following conditions are satisfied:
(a) The water system shall be constructed, tested
(bacteriologically and pressure) and any fire hydrants brought to grade.
(b) All curb and gutter shall be constructed.
-2-
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4 (c) An all-weather access to the building area within the right-of- way shall be constructed consisting of a minimum six inches of aggregate base rock.
(d) see section 21, "Additional Terms and consitions," for additional building permit restrictions'
Work: Time for Commencement and Performance: City fixes the time for the commencement of the work to be done on the day following approval of this Agreement, and for its completion to be within twelve (12) months thereafter. A pre-construction meeting between the Parties and General Contractor is required at least fifteen (15) calendar days prior to the start of construction.

Time of Essence: Extension: Time is of the essence of this Agreement, but the dates for commencement and completion of the work of construction may be extended as herein provided. The City Engineer may extend those dates for delays in the work actually caused by inclement weather, riots, strikes, lockouts, fires, earthquakes, floods and conditions resulting there from. Extension of the dates for any other cause shall be made only by the C1y Council. The City Engineer and City Council shall be the sole and final judge as to whether good cause has been shown to entitle One Lake to an extension.

Request for Extension: Grantinq: Requests for extension of commencement and completion date shall be in writing, and shall be delivered to City in the manner hereinafter specified for services of notices.

Extensions, if granted, shall be in writing; an oralextension shall not be valid for anv purpose whatsoever.

Extension: No Release of Obtiqations: ln the event it is deemed necessary by the City to extend the time of commencement or completion of the work to be done under this Agreement beyond the dates specified herein, such extension as shall be granted shall in no way release any guarantee given by One Lake pursuant to this Agreement, or to relieve or release those providing improvement security pursuant to this Agreement. The sureties

5. 6
7 -3-
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8 in executing the bonds shall be deemed to have expressly agreed to any such extension of time.

Extension: Conditions: The granting of any extension may be conditioned upon One Lake providing City with new or amended surety bonds in amounts increased to reflect increases in the costs of constructing the Required lmprovements that have occurred prior to the granting of the extension or are likely to occur prior to the completion of work' lmprovement Securitv: Concurrently with the execution hereof, One Lake shallfurnish CitY:
(a) lmprovement security in the sum of fl!!Q,QQQ, which sum is equal to one hundred ten percent (110o/o) of the estimated cost of constructing the Required lmprovements, rounded up, and the cost of any other obligation to be performed by one Lake hereunder, securing the faithful performance of this Agreement.
(b) Separate improvement security in the sum of flQ!,]QQQ, which sum is equal to fifty-five percent (55%) of the estimated cost of constructing the Required lmprovements, securing
payment to the General contractor, its subcontractors, and to persons furnishing labor, materials, or equipment to them for the construction of the Required lmprovements'
The form of the improvement security shall be subject to the approval of the City Attorney. lmprovement security shall be reduced or released by City only in the manner provided by the Ordinances of the City' No change, alteration, or addition to the terms of this Agreement or the plans and specifications accompanying the same shall in any manner affect the obligation of those providing improvement security pursuant to this Agreement.

I
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10 '11
Enoineerinq and Inspection Fee: One Lake shall:
(a) Pay to the city an engineering plan check fee of 1.35o/o of the total cost of the Required lmprovements, as estimated by the city Engineer, less the initial plan check fee of one percent (1o/o) of the total cost paid upon submittal of improvement plans, rounded to the nearest whole number. The total
amount of this fee still due is:
('1.35o/o x g1 ,380,666.50) - $15,131 .38 = $3,@,93.
(b) Pay to the city an engineering and inspection fee of five and a half percent (5.5%) of the total cost of the Required lmprovements, rounded to the nearest whole number, as
estimated by the City Engineer, being:

5.5o/o x $1,380,666'50 = $fl'@$Q'
Fee includes only items of work to be inspected by the city. lt is understood that such fee covers only those inspections and engineering work performed by the city during the normal working hours of the CitY.

Hold Harmless Aqreement: One Lake will indemnifo, hold harmless and assume defense of, in any actions of law or in equity, the City of Fairfield, its officers, employees, agents, and elective and appointive boards from all claims, losses, damage, including property damage, personal injury, including death, and liabitity of every kind, nature and description, directly or indirectly arising from the operations of One Lake, General Contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for One Lake, General Contractor or any subcontractor, but not including the sole or active negligence or willful misconduct of the City of Fairfield. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of the work as well as during the work's Progress.

Acceptance of insurance certificates required under this Agreement does not relieve One Lake from liability under this indemnity and hold harmless -5-
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clause. This indemnity and hold harmless clause shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of One Lake's, its General Contracto/s or any subcontractor's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

12. Contractor's lnsurance: One Lake shall not commence work under this Agreement or permit its General Contractor or any subcontractor to commence work thereunder until One Lake shall have obtained or caused to be obtained alt insurance required under this paragraph and such insurance shall have been approved by the City Engineer of City as to form, amount, and carrier. The insurance shall be maintained in force and effect until the completion of work under this Agreement and the acceptance thereof by City. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements, and shall specifically bind the insurance carrier.
(a)WoRKER,SCoMPENSATIoNINSURANCE:oneLake
shall obtain and maintain (or cause to be obtained and
maintained) workers' compensation insurance for all one Lake and General contractor employees employed at the site of improvement. Proof of a qualified self-insurance program is acceptable. one Lake shall require any sub-contractor similarly to provide workers' compensation insurance for all of the subcontractor's employees, unless such employees are covered by the protection afforded by One Lake or the
Generalcontractor. ln case any class of employees engaged in work under this Agreement at the site of the project is not protected under any workers' compensation law, One Lake shall provide, and shall cause General contractor and each subcontractor to provide, adequate insurance for the
protection of employees not otherwise protected. one Lake -6-
Packet Page 13 of 95Attachment 2 Page 6 of 13

hereby agrees to indemnify city for any damage resulting to it from failure of General Contractor or any subcontractors to take out or maintain such insurance. One Lake shall provide the Cig Engineer with a certificate of insurance indicating workers' compensation coverage prior to engaging in any activity required by this Agreement.
(b) LIABILITY INSURANCE: One Lake, at its sole expense, shall obtain and maintain (or cause to be obtained and maintained) an insurance policy or policies, issued by an insurer or insurers as defined by the california lnsurance code with an A.M. Best rating of B+/Xll orA-A/ll or better, providing the Gity' its officers, employees, and agents, named as additional insureds under the policy, broad form property damage,
personal injury, automobile, employers" and comprehensive form liability insurance in the amount of not less than $3 million per occurrence. By the terms of the insurance policy orpolicies,suchinsuranceshallbedeemedprimary
insurance, and no other insurance effected by the city or other named insureds will be called upon to cover a loss covered thereunder.

In the event that any of the insurance policies provided for in this Section 12 insures any entity, persons, boards, or commissions other than those mentioned in this paragraph, such policy shall contain a standard form of cross-liability endorsement, insuring on such policy city, its elective and appointive boards, commissions, officers, agents, and employees, One Lake, General contractor and any subcontractor performing work covered by this Agreement. All stated minimum levels of insurance may be met by a combination of primary, excess, and umbrella insurance, including any fronting or captive insurance, provided lndemnitee is endorsed as an additional insured with regard to allsuch excess coverage. 7 Packet Page 14 of 95Attachment 2 Page 7 of 13

13. 14
15 City agrees that the insurance requirements in this Section 12 may be satisfied with insurance furnished by the General Contractor that meets such insurance requirements. ln its contract with the General Contractor, One Lake agrees to require the General Contractor to agree to include in thei(its) subcontracts with all of its subcontractors (a) the same requirements and provisions of this Agreement including the indemnity and lnsurance requirements to the extent they apply to the scope of the subcontractors' work, and (b) the requirement that the subcontractors include such provisions in the subcontracts, if any, that such subcontractors enter into with their subcontractors.

Evidence of lnsurance: one Lake shall furnish the city Engineer prior to commencement of any work hereunder, with satisfactory evidence of the insurance required, and evidence that each carrier is required to give City at least thirty days prior notice of the cancellation or reduction in coverage of any policy during the effective period of this Agreement' Title to lmprovements: Title to and ownership of all improvements constructed hereunder shall vest absolutely in City upon completion and acceptance of such improvements by City.

Repair or Reconstruction of Defective Work: lf, within a period of one year after final acceptance of the work performed under this Agreement, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by One Lake, or any of the work done under this Agreement fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, one Lake shall without delay and without any cost to City, repair or replace or reconstruct, or cause to be repaired or replaced or reconstructed, any defective or otherwise unsatisfactory part or parts of the work or structure. Should One Lake fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before One Lake can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and one Lake shall -8-
Packet Page 15 of 95Attachment 2 Page 8 of 13

pay to C1y the actual cost of such repairs plus fifteen percent (15o/o) within thirty (30) days of the date of billing for such work by City. At the time these improvements are completed to the satisfaction of the City Engineer, a warranty bond shall be submitted to release the original bonds.

16. Neither One Lake nor General Contractor Are Aoent of Citv: Neither One Lake nor General Contractor nor any of One Lake's or General Contractor's agents or subcontractors are or shall be considered to be agents of City in connection with the performance of the obligations under this Agreement'

17. Notice of Breach and Default: lf One Lake refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to obtain completion of the work within such time, or if One Lake should be adjudged a bankrupt, or One Lake should make a general assignment for the benefit of One Lake's creditors, or if a receiver should be appointed in the event of One Lake's insolvency, or if One Lake or its General Contractor or any of their subcontractors, agents, or employees should violate any of the provisions of this Agreement, City Engineer may serve written notice upon One Lake and One Lake's surety of breach of this Agreement, or of any portion thereof, and of default of One Lake hereunder.

18. Breach of Agreement: Performance by Suretv or City: ln the event of any such notice, One Lake's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within fifteen (15) days after notice to City of such election, City may take over the work and prosecute the same to completion by contract, or by any other method City may deem advisable, for the account and at the expense of One Lake, and One Lake's surety shall be liable to City for any excess cost of damages occasioned City thereby; and in such event, City, without liability for so doing, may take possession of and -9-
Packet Page 16 of 95Attachment 2 Page 9 of 13

19 utilize in completing the work, such materials, appliances, plant and other property belonging to One Lake or its General Contractor as may be on the site of the work and necessary therefor. One Lake shall cause the Construction Contract to include a provision implementing the rights of City pursuant to this Section 18.

Notices: All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid'
Notices required to be given to City shall be addressed as follows:

F ld Citu Hal Affn: Citu neer
1 Webster
F .cA
Notices required to be given to one Lake shall be addressed as follows ONE LA E HOLDING . C/O DAN ILAR
2121 N.CAI IFORNIA VD STE #1 o
WALN CREEK. CA
(To be comPleted bY One Lake)
Notices to be given surety of One Lake shall be addressed as follows ONE E HOLDING LC. C/O DAN ILAR
2 121 N.(]AI IFORNIA VD STE #1 o
WALN CREEK. CA
20 (To be completed by surety of One Lake)
Any Party or the surety may change such address by notice in writing to the other party and thereafter notices shallbe addressed and transmitted to the new address.
oversizino: Public improvement oversizing and/or reimbursement as defined in City Code Chapter 68, Chapter 10, Article lV, Sections 10'56 through 10.65; and Chapler 25, Article lll, Section 25.166'79 through

25.166.81 is not aPPlicable.
-10-
Packet Page 17 of 95Attachment 2 Page 10 of 13

21 22
23 24
Additional Terms and Conditions: This Agreement is subject to the following additionalterms and conditions (except as specifically provided otherwise):
a. Approval of this improvement agreement shall not obligate the City to subsequently accept improvements which strictly conform to the plans referenced by this agreement. All costs associated with modifications resulting from subsequent improvement plan changes required by the City shall be borne by the One Lake'
Prohibited lnterest: No employee of the City shall have any direct financial interest in this Agreement. This Agreement shall be voidable at the opinion of the City if this provision is violated.

Local Emolovment Policy: The city of Fairfield 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 C1y 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.

Qualified Bids: Both the City and One Lake acknowledge and agree that the contractor chosen as the General contractor will satisff the city's bidding requirements applicable to reimbursements for the improvements to be constructed under this Agreement'
[signatures on following Page]
-11-
Packet Page 18 of 95Attachment 2 Page 11 of 13

lN WITNESS WHEREOF, the parties hereto have executed this lmprovement Agreement on the date set forth opposite their respective signatures' City of Fairfield,
a municiPal corPorationDated
ATTEST:

By
Ci$ Clerk City Manager
One Lake Holding, LLC'
a Delaware Limited Liability Company
Name R,,.R
Title
-'12-
Packet Page 19 of 95Attachment 2 Page 12 of 13

CITY OF FAIRFIELD

IMPROVEMENT AGREEMENT CHECK LIST
PROJECT NAME: Canon Station Plannino Area 5 - Phase 1 Backbone ioads OWNER: One Lake Holdinq. LLC
ADDRESS' 2121 N. California Blvd.. Suite #1010. Walnut Creek. CA 94596 COUNCIL MEETING DESIRED: Februaw 21.2023
SUBMISSION DEADLINE: Januaw 25' 2023
Distribution:

City Manager
City Engineer
One Lake

DESCRIPTION QUANTIW UNIT COST AMOUNT RECD BY DATE
Plan Check Fee (less initial PC)1.35o/o $1,380,667 $3,507.62 Engineering/l nspection Fee 5.5o/o $1,380,667 $75,936.66 TOTAL:$79,444.28
Civil Final Cost Estimate $1,102,000.00
Streetlight Cost Estimate 12 $4,000 $48,000.00
Landscape Final Cost Estimate $230,666.50
Total Cost Estimate $1,380,666.50
Faithful Performance Bond 110o/o $1,520,000
Labor and Materials Bond 55o/o $760,000
lnsurance Certificate $3 Million
Packet Page 20 of 95Attachment 2 Page 13 of 13

VICINITY MAPVANDEN ROADBackboneImprovementsFUTURENEWCANON ROADLAKECLUBDRIVE80PEABODY ROADVANDEN ROADAIR BASEPARKWAYPROJECT SITECEMENT HILL ROADCITYLIMIT Neighborhood R,L,K-1Packet Page 21 of 95Attachment 3 Page 1 of 1

Agenda Item No: 7.

AGENDA REPORT
DATE:April 4, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202356 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Service Agreement with Carollo Engineers, Inc. to Provide Engineering and Design Services for the Midtown FiveYear Sewer Replacement Plan
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City’s sewer infrastructure in the area bounded by Travis Boulevard to the north, West Texas Street to the south, North Texas Street to the east, and Beck Avenue/Interstate 80 to the west (collectively known as the “Midtown” area) is nearing the end of its service life and requires constant attention from sewer maintenance crews to maintain the service reliability from existing mains and laterals. The proposed resolution authorizes the city manager to execute a professional service agreement with Carollo Engineers, Inc. (Carollo) to provide engineering and design services to rehabilitate sewer infrastructure in the Midtown area and provide a fiveyear sewer replacement plan (Project).

DISCUSSION
The sanitary sewer system in the Midtown area was constructed during the 1950’s to support the residential development of the Fairfield Terrace, Branden Estates, Fernwood Gardens, and Fairview Addition subdivisions. The existing sanitary sewer main primarily consists of vitrified clay pipe (VCP), 4inches to 10inches in diameter, that does not meet current City standards. As a result, sewer infrastructure in this area requires constant attention from sewer maintenance crews to clean and maintain the existing mains and laterals.

In August 2016, the City's consultant NV5, Inc., provided a Technical Memorandum to document a condition assessment and Preliminary Design Report (PDR) for sewer rehabilitation in this area. It includes preliminary studies that identify pipeline segments with critical structural and operational defects. The major, or critical, structural defects are attributed to cracks, fractures, breaks, or holes.

Subsequent to the PDR, with the limited funding available, Public Works staff prioritized and rehabilitated severecondition sewer pipelines in 2017 and 2018.

Packet Page 22 of 95

Subsequent to the PDR, with the limited funding available, Public Works staff prioritized and rehabilitated severecondition sewer pipelines in 2017 and 2018.

In August 2022, Public Works completed a Collection System Asset Management Plan (AMP) to update and advance recommendations made by the Technical Memorandum in collaboration with the City of Suisun City and FairfieldSuisun Sewer District (FSSD). The AMP provides a framework for costeffective maintenance, repair, and replacement needs for the Midtown area. It identifies rehabilitation and replacement projects for approximately 40,719 lineal feet of sewer infrastructure to help identify and prioritize asset needs in the near and longterm future. Since a large amount of sewer lines were identified to be replaced, the construction of the Project will be phased over five years, as the budget allows.

Staff requested a proposal from Carollo to perform the analysis and design for the project. Carollo has provided similar services on recent sewer rehabilitation projects for public agencies throughout the bay area and is wellqualified for this project. As a part of their scope, Carollo will provide a fiveyear rehabilitation plan alongside constructionready plans, specifications, and estimates. In addition, they will provide bid and construction support for each annual project. Staff has negotiated a fair and reasonable fee for the proposed work and is requesting a 10% management reserve to account for the potential of discovering unidentified conflicts and field conditions during the course of analysis and design. The professional service agreement (Agreement) with Carollo is a time and material contract with a nottoexceed estimate of $1,398,310.

FINANCIAL IMPACT
Total authorization is for a nottoexceed amount of $1,538,141 ($1,398,310 contract + $139,831 10% management reserve). Annual funding is provided through the Seventh Amendment to the 1965 Agreement between the City of Fairfield, City of Suisun City, and FSSD regarding collection system rehabilitation and replacement funding. Funds are budgeted in the Sewer Main Capital Projects Fund (Fund 255, Organization Code 25560199, Project 10238).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Authorization may be delayed should there be any questions or concerns.

STAFF CONTACT
Pavan Prasad, Junior Engineer
(707) 4287431
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 3/20/2023 6:53 PM
Kaushal, Paul Approved 3/20/2023 7:07 PM
Packet Page 23 of 95

Agenda Item No: 7.AGENDA REPORTDATE:April 4, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202356 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Professional Service Agreement with Carollo Engineers, Inc. toProvide Engineering and Design Services for the Midtown FiveYear SewerReplacement PlanRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City’s sewer infrastructure in the area bounded by Travis Boulevard to the north, West Texas Streetto the south, North Texas Street to the east, and Beck Avenue/Interstate 80 to the west (collectivelyknown as the “Midtown” area) is nearing the end of its service life and requires constant attention fromsewer maintenance crews to maintain the service reliability from existing mains and laterals. Theproposed resolution authorizes the city manager to execute a professional service agreement withCarollo Engineers, Inc. (Carollo) to provide engineering and design services to rehabilitate sewerinfrastructure in the Midtown area and provide a fiveyear sewer replacement plan (Project). DISCUSSIONThe sanitary sewer system in the Midtown area was constructed during the 1950’s to support theresidential development of the Fairfield Terrace, Branden Estates, Fernwood Gardens, and FairviewAddition subdivisions. The existing sanitary sewer main primarily consists of vitrified clay pipe (VCP),4inches to 10inches in diameter, that does not meet current City standards. As a result, sewerinfrastructure in this area requires constant attention from sewer maintenance crews to clean andmaintain the existing mains and laterals. In August 2016, the City's consultant NV5, Inc., provided a Technical Memorandum to document acondition assessment and Preliminary Design Report (PDR) for sewer rehabilitation in this area. Itincludes preliminary studies that identify pipeline segments with critical structural and operationaldefects. The major, or critical, structural defects are attributed to cracks, fractures, breaks, or holes. Subsequent to the PDR, with the limited funding available, Public Works staff prioritized andrehabilitated severecondition sewer pipelines in 2017 and 2018. In August 2022, Public Works completed a Collection System Asset Management Plan (AMP) toupdate and advance recommendations made by the Technical Memorandum in collaboration with theCity of Suisun City and FairfieldSuisun Sewer District (FSSD). The AMP provides a framework forcosteffective maintenance, repair, and replacement needs for the Midtown area. It identifiesrehabilitation and replacement projects for approximately 40,719 lineal feet of sewer infrastructure tohelp identify and prioritize asset needs in the near and longterm future. Since a large amount of sewerlines were identified to be replaced, the construction of the Project will be phased over five years, as thebudget allows.Staff requested a proposal from Carollo to perform the analysis and design for the project. Carollo hasprovided similar services on recent sewer rehabilitation projects for public agencies throughout the bayarea and is wellqualified for this project. As a part of their scope, Carollo will provide a fiveyearrehabilitation plan alongside constructionready plans, specifications, and estimates. In addition, theywill provide bid and construction support for each annual project. Staff has negotiated a fair andreasonable fee for the proposed work and is requesting a 10% management reserve to account for thepotential of discovering unidentified conflicts and field conditions during the course of analysis anddesign. The professional service agreement (Agreement) with Carollo is a time and material contractwith a nottoexceed estimate of $1,398,310.FINANCIAL IMPACTTotal authorization is for a nottoexceed amount of $1,538,141 ($1,398,310 contract + $139,831 10%management reserve). Annual funding is provided through the Seventh Amendment to the 1965Agreement between the City of Fairfield, City of Suisun City, and FSSD regarding collection systemrehabilitation and replacement funding. Funds are budgeted in the Sewer Main Capital Projects Fund(Fund 255, Organization Code 25560199, Project 10238).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONAuthorization may be delayed should there be any questions or concerns.STAFF CONTACTPavan Prasad, Junior Engineer (707) 428[email protected] WITHCity Attorney's OfficeATTACHMENTS:DescriptionProposed ResolutionProposed AgreementREVIEWERS:Reviewer Action Date Panganiban, Ryan Approved 3/20/2023 6:53 PM
Kaushal, Paul Approved 3/20/2023 7:07 PM
Beavers, Esther Approved 3/20/2023 7:34 PM
Beavers, Esther Approved 3/20/2023 7:34 PM
Packet Page 24 of 95

CITY OF FAIRFIELD

RESOLUTION NO. 2023-56

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH CAROLLO ENGINEERS, INC. TO PROVIDE

ENGINEERING AND DESIGN SERVICES FOR THE MIDTOWN FIVE-YEAR SEWER REPLACEMENT PLAN

WHEREAS, the City’s aging sewer infrastructure in the area south of Travis Boulevard, north of W. Texas Street, west of North Texas Street, and east of Beck Avenue and Interstate-80 (Midtown) is at the end of its service life; and

WHEREAS, the City would like to begin replacing the sewer infrastructure in the Midtown area for operational service reliability; and

WHEREAS, Carollo Engineers, Inc. is qualified to provide professional services at a fair and reasonable price; and

WHEREAS, funding for this project is provided through the Seventh Amendment to the 1965 Agreement between the City of Fairfield, City of Suisun City, and Fairfield-Suisun Sewer District regarding collection system rehabilitation and replacement funding.

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

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield that certain agreement for professional services with Carollo Engineers, Inc. for the Midtown Five-Year Sewer Replacement Plan, for an amount not-to-exceed $1,398,310.

Section 2. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed $139,831 (10% of the contract price), with the understanding that any amendments exceeding that amount be presented to council for approval.

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

PASSED AND ADOPTED this 4th day of April 2023, by the following vote:

AYES: COUNCILMEMBERS: MOY/ BERTANI / CARR / PANDURO / TONNESEN / VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK
Packet Page 25 of 95Attachment 1 Page 1 of 1

PROFESSIONAL S AGREEMENT
THlSAGREEMENTismadeatFairfield,California,asof--,7o23,byandbetweenthe City of Fairfield, a municipal corporation (the "C|TY") and Carollo Engineers, lnc. ("CONSULTANT"), who agree as follows:

L) SERVICES. SubjecttothetermsandconditionssetforthinthisAgreement,CONSULTANTshall provide to the CITY the services described in Exhibit "A," which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit "A."
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "8." The payments specified in Exhibit "8" shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.

CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." 3) FACIUTIES AND EOUIqMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4l GFNERAL PROVISIpNS. The general provisions set forth in Exhibit "C" are part of this Agreement. ln 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. ln 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.
7l TERM. This agreement shall be in effectthrough December 31,2A25; or until the scope of work is completed.
8) GOVERNING LAW AND VqNUE., Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 9) ENTiRE AGREEMENT. This Agreement, including any other documents incorporated.herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

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

Packet Page 26 of 95Attachment 2 Page 1 of 35

CITY Contact:David Vong
dvong@fa irfield.ca. gov
1000 Webster Street, 3'd Floor, Fairfield, CA 94533
707-428-7784
E-mail
Telephone
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Felicia James, Associate Vice'President E-mail: [email protected]
Address: 2880 Gateway Oaks Drive, Suite 300, Sacramento, CA 95833 Telephone: 916-555-4888
EXECUTED as of the day first above-stated
City of Fairfield, a municipal corporation
David Gassawav. Citv Manaeer

CONSULTANT
Address:

By:a^e
Name/Title ll
1C
4,Name/Title (z
Packet Page 27 of 95Attachment 2 Page 2 of 35

"Exhibit A"
€ cardtn
Engineers...Working Wonders With Walero 2380 Gateway Oaks Drive, Suite 300, Sacramerrto. Caiiforr:ia 95813 P 9 t6 555 4888 F 9 Lb 565 48S0
August 25,2022
David Vong, P.E.

City of Fairfield, Public Works Depaftment
1000 Webster Street
Fairfield, CA 94533
Subject: Proposal for Services to Prepare a Five-Year Sewer Replacement Plan and Design, and Construction Documents
Dear Mr. Vong:

We appreciate the oppoftunity to provide a proposalto prepare a Five-Year Sewer Replacement Plan and to provide design services to implement the plan. This proposal consists of a project understanding, scope of work, assumptions, schedule, and fee estimate. We welcome the opportunity to discuss this proposal and make scope and budget modifications to meet your needs and project expectations.

Project Understanding
The City of Fairfield (City) in collaboration with the Fair-field-suisun Sewer District (FSSD), has been proactive in performing condition assessments of their sanitary sewer system to determine rehabilitation and/or replacement needs on a regular basis. The City has identified the Midtown area with Travis Boulevard to the nofth, West Texas Street to the south, North Texas Street to the east, and lnterstate 80 to the west for replacement. The existing sanitary sewer mains in this area range from 4 inches to 10 inches in diameter and primarily consist of vitrified clay pipe (VCP).

Additionally, the City recently completed a Collection System Asset Management Plan (AMP) with the City of Suisun and FSSD. The AMP provides the framework for cost-effective maintenance, repair, and replacement of sewer mains within the FSSD service area. The AMP also identifies five years of rehabilitation and replacement (R&R) projects for the City.

The City intends to develop a Five-Year Sewer Replacement Plan (Plan) and rehabilitate and/or replace sewer segments each year from 2023 through2026,focusing first on those segments with the highest risk.

Funding for the work is anticipated to be $1.83 million per year, starting )uly 2022through July 2025 (f iscal year [FY] 23-FY27), for a total of $9.15 million.

The preliminary phasing of the Midtown Sewer Main Replacement and AMP R&R Projects are shown in Table 1. Replacement plans from both projects will be reviewed using the AMP framework, and an updated five-year replacement plan will be developed in consideration of the City's budget. The Midtown Sewer Main Replacement Project, shown in Table 1, will be used to estimate the level of effort for this scope.

WATER

OUR FOCUS

OUR BUSINESS

OUR PASSION
00030084 FFD001 | Fairfield Letter Proposal'docx
Packet Page 28 of 95Attachment 2 Page 3 of 35

David Vong, P.E.

City of Fairfield, Public Works Depaftment
August 25,2022

Page 2 ends

Table L Preliminary Project Phasing
FY2A23l
FY2A24
6,000 74,480 (lining)
Revised 5-Year Plan
Preliminary Design Services
Design/Bid 5,000 LF RePlacement
Midtown Sewer Main
Replacement Phasing
(linear feet ILF])
Collection System AMP
Lining and Replacements (LF)Planning Estimate for this ScoPeYear FY2025 3,000
7,608 (lining)
3,921 (replace)Design/Bid 6,000 LF RePlacement
FY2026 4,000
2,985 (lining)
5,857 (replace)Design/Bid 4,000 LF RePlacement
FY2027 3,000 5,868 (replace)Construction-Phase onlY
Total 16,000
25,074 (lining)
15r646 (reolacel
40,719 Total
15r000 Replacement
Scope of Work
Task 1- Proiect Management
Task L.1- Project Management and Administration
Carollo Engineers (Carollo) will perform the following tasks:
r General project management activities, including team coordination, meetings, project budget tracking, and reporting.
r Kickoff meeting:
- Carollo wilfconduct a Project kickoff meeting with the City to discuss project objectives and communication protocoli, review the project, and summarize key project milestones and deliverables.
r Projectadministration:
- Carollo will administer the project to maintain project schedule and budget. The project progress and budget status will be included in monthly progress repofts that will be attached to billing invoices.

Task 1.2 - CommunitY Outreach
Carollo understands the value of community outreach, and our experience has shown us the importance of providing timely and accurate information to the community. We anticipate providing the City with communication and outreach suppott during design, which includes preparation of maps and exhibits to demonstrate rehabilitation alternatives, evaluation of alternatives, and the proposed recommended project to use for public presentations and meetings. Services in this task include participation in one informational meeting coordinated by the City after the draft Plan. The results of the meeting will be incorporated into the final Plan to describe public outreach activities during construction. carollo.com
Packet Page 29 of 95Attachment 2 Page 4 of 35

David Vong, P.E.

City of Fair-field, Public Works Department
August 25,2022

Page 3 ends

Carollo will also provide coordination for community meetings to be held priorto construction. Forthis effort, we will coordinate the meeting(s) near the project site to inform neighbors of project(s) and identify concerns. Neighborhood meetings will include preparation of maps and exhibits, message development (to asset project team communication), attendance, and preparation of questions posed and answers. lt is assumed that stakeholder coordination efforts, preparation of meeting invitation postcards (mail), door hangers, sign-in sheets, posters, directional signages, meeting setup, and support will be coordinated and conducted by the City.

Task 1- Assumptions
r All project management meetings will be held virtually and will include Carollo's key project staff. o Conduct one overall project kickoff meeting and one subsequent meeting to kick off each phase for a total of five meetings.
r Carollo will attend one informational meeting following the draft Plan submission. r Carollo will attend one public meeting prior to each construction project, for a total of three meetings. These will be on-site meetings.
r The City will distribute and mail out any correspondence associated with neighborhood meetings.

Tosk L Deliverobles
r Monthly status reports and invoices.
o Meeting agendas and meeting minutes.
e Maps and exhibits to be mounted on foam board for public meetings.

Task 2 - Five-Year Sewer Replacement Plan
Carollo will prepare a Plan and document the Plan in a technical memorandum (TM). The Plan will be based on the March 2022 FSSD Collection System AMP, the 2016 Draft Midtown Sewer Replacement Project Condition Assessment Summary, and input from City. Anticipated coordination and discussion items include following:
r Review the Plan for proposed R&R methods and confirm methodology and approach. Carollo will meet with the City to confirm the project design criteria, including:
- R&R methodology and approach identified in the Plan.
- Known hydraulic or capacity issues.
. Update cost estimates based on changes to R&R methodology (scope) and observed construction cost escalation due to the current bidding environment. r Confirm prioritized replacements based on available budget, overall risk, R&R technology, and geography.
r Review closed-circuit television (CCTV) footage to confirm proposed R&R technology for pipes identified in the Plan. Provide recommendations on obtaining updated CCTV inspections based on pipe condition, defect type, proposed R&R methodology, and timing of repairs.

The Plan will also serve as a preliminary design repoft {PDR) forthe entire five-year project. carollo.com
Packet Page 30 of 95Attachment 2 Page 5 of 35

David Vong, P.E.

City of Fairfield, Public Works Department
August 25,2022

Page 4 ends

Task 2 Assumptions
r All data is available in electronic format (G15, MS Access or Excel, PDF, DWG, etc')' r City will conduct additional CCTV inspections as required for later design phase/years.

Task 2 Deliverables
o Review meeting agenda and minutes.
r Preliminary schedule.
o Draft Five-Year Sewer Replacement Plan TM.
r Final Five-Year Sewer Replacement Plan TM'
Task 3 - Preliminary Design Services
Task 3.1 - TopograPhical SurveY
Carollo will subcontract with Mountain Pacific Survey to per{orm a topographical survey of the sudace conditions at each project location and its immediate surroundings. The suruey will obtain rim and inveft elevations of sanitary sewer and storm drain manholes, clean-out lids, utility valve covers, meter covers/ utility boxes, hydrants, surface evidence of underground utilities (e.g-, trenches or markouts), curb and gutter lines, edges of sidewalks, and other prominent features that may impact design.

The survey will be tied horizontally to the North America Datum of 1983 (NAD83) and venically to the City of Fair-field Benchmark system, or NAVD88. Right-of-way lines will be based on a combination of record data and any monuments collected during topographic surveying. The right-of-way lines to be included in the survey will be considered approximate only-
All topographical survey work will be conducted during the first design Phase/Plan Year. The scope of work includes five additional days of field survey to capture any changes to surface conditions during later years of the Plan.

Task 3.2 - Geotechnical Field Evaluation and Report
carollo will subcontract with ENGEo to perform the geotechnicalfield evaluation and report' carollo will recommend locations for geotechnical field evaluation. The locations for exploratory borings will be based on R&R recommendationi, such as where open-cut and pipe bursting construction are anticipated' Carollo will obtain permits. Our subcontractor will restore sites as required by the City and perform laboratory testing to evaluate the properties of the site soils. Two reports will be developed for this work:
r Geotechnical Data Report - summarizes the findings and subsurFace site conditions using data obtained from field evaluation and laboratory testing. The report will include:
- Site plan showing exploratory boring locations'
- Log of explorato-ry borings, including visualsoilclassification, depth to groundwater, and existing Pavement thickness.
- Laboratory test results.
r Geotechnical Recommendations Report - Provide engineering recommendations for replacement sewers and laterals using the data described in the Geotechnical Data Repoft. carollo.com
Packet Page 31 of 95Attachment 2 Page 6 of 35

David Vong, P.E.

City of Fairfield, Public Works Department
August 25,2022

Page 5 ends

All geotechnical work will be conducted during the first design PhaselPlan Year. The scope of work assumes a total of LL borings to a depth of 20 feet and six cone penetration test (CPT) soundings advanced to approximately 50 feet below surface to further evaluate liquefaction potential.

Task 3 Assumptions
. Five additional days of field suruey is included to document minor changes in surface conditions overthe timeline of the Plan.
r All survey and geotechnical work will be conducted during the first year of design. r Actual costs for permits obtained will be paid by the City.

Tosk 3 Deliverobles
o Geotechnical Data Report.
r GeotechnicalRecommendationsReport.

Plan Year 1 and 2(FY2O23-FY2O24\
Task 4 - Prepare Contract Documents for R&R Projects
The Plan will be used as a basis to develop contract documents (plans, specifications, and engineering estimates) for each design Phase/Plan Year. This task will include preparation and submission of 50 percent, 90 percent, and 100 percent design submissions.

Carollo will use the City's template of contract provisions and prepare technical construction specifications and bid schedules required for inclusion in the City's standard contract documents, which the City will prepare and finalize. Specifications and contract documents will be based on the City's standard bid docurnents.

Carollo will prepare an itemized list of the construction bid items proposed for each phase of the project and utilize current industry costs and recent bid tabs to develop construction cost estimates.

The plans will typically show plan and profiles for project sewers. However, for pipeline segments that only require an external ortrenchless point repair (e.9., CIPP spot liner), profiles will not be developed and the plans will show plan view only. All other pipeline segments that will be rehabilitated or replaced from manhole to manhole will be shown in plan and profile view. We anticipate that 500 LF of sewer will fit on each plan sheet.

The following criteria will be considered during the design of the project:

1. All 4-inch and 6-inch sewer mains will be replaced by upsizing to 8-inch minimum (by open cut or, when applicable, pipe bursting) in accordance with current City Engineering Design Standards.

2. New sewer lateral cleanouts will be installed on all lateral connections that do not have existing cleanouts per City Engineering Design Standards.
carollo.com
Packet Page 32 of 95Attachment 2 Page 7 of 35

David Vong, P.E.

City of Fairfield, Public Works Department
August 25,2022

Page 6 ends

Task 4.1 - Prepare Base Construction Drawings
Carollo will prepare base construction drawings using the City's standard title block and sheet format. The drawings will be produced at 20-foot scale with a vertical scale of 1-inch = 4-feet (for full-size plan sheets).

The construction drawings will include the following for each bid package:
r General:
- Title Sheet.
- Key Plan, Survey Control, Geotechnical Boring Locations' - CivilLegend and SYmbols'
- Civil Notes and Abbreviations.
o Typical Details:
- Typical Details - City of Fairfield (3 sheets)'
- Typical Details - Civil {l sheet).
o Civil:
- Plan and Profile Sheet estimates (1-inch = 20-foot scale):
' Bid Package 1 (FY2023'2024)-12 Sheets'
' Bid Package 2 (FY2A24-2025) - 12 Sheets'
' Bid Package 3 (FY2A75-2025) - 8 Sheets'
Carollo will incorporate the topographic survey data into the base construction maps and identify utilities that may conflict with design. Listed as OptionalTask 7.1, Utility lnvestigation and Locating, Carollo, with prior authorization from the City, will subcontract with Subtronic to perform utility investigations {potholing) for utilities that appear to conflict with the sewer replacement design.

Task 4.2 - 50 percent Design
Carollo will prepare and submit 60 percent drawings, technical project specifications, and a construction cost estimate. preliminary design will include recommended R&R method of the segments (plan and profile) and connections to existing laterals. The City's Transponation Division will be engaged to confirm work hours for the various project locitions. Any work restrictions will be considered in developing a preliminary project schedule and cost forthe Project.

Carollo will send Utility',8,, letters to applicable utilities for comment and review. This will include a request for confirmation of existing utilities depicted to identify potential utility conflicts and mitigations.

A 60 percent design review meeting will be conducted following the City's review of the 60 percent design submittal.

Tosk 4.2 Assumptions
The City will provide a copy of the City's standard title block and CAD standards to follow on this project in a format compatible with AutoCAD DWG 2017'
a
Tosk 4.2 Deliverobles
Full-size PDF and three hard copies of the 60 percent design plansI a
o
a
PDF and Word format of project specifications'
Construction cost estimate.

Preliminary construction schedule.
carollo.com
Packet Page 33 of 95Attachment 2 Page 8 of 35

David Vong, P.E.

City of Fairfield, Public Works Department
August 25,2022

Page 7 ends

o Utility "B" Letters.
. 50 percent design review agenda and meeting minutes.

Task 4.3 - 90 percent Design
Carollo will prepare and submit 90 percent drawings, technical project specifications, and a construction cost estimate. Carollo will compile comments from City staffduring the 60 percent design review meeting, provide a comment response decision log, and incorporate all applicable comments into the 90 percent design.

A 90 percent design review meeting will be conducted following the City's review of the 90 percent design submittal.

Tosk 4.3 Deliverables
r Full-size PDF and three hard copies of the 90 percent design plans. r PDF and Word format of project specifications.
. Updated construction cost estimate.
. Updated construction schedule.
. 50 percent comment response log.
r 90 percent design review agenda and meeting minutes.

Task 4.4 - 100 percent Design
Carollo will prepare and submit 100 percent (bid ready) drawings, technical project specifications, and a construction cost estimate. Carollo will compile comments from City staff during the 90 percent design review meeting, provide a comment response decision log, and incorporate all applicable comments into the 100 percent design.

Task 4.4 Deliversbles
r Full-size PDF and three hard copiqs of the final design plans. r PDF of project specifications.
o Final construction cost estimate.
o Electronic copy of AutoCAD files.
r Updated construction schedule.
. 90 percent comment response log.

Task5-BidSupport
Carollo will pelform the following tasks for each Phase/Plan Year:
r Coordinate and respond to questions from bidders as needed, . Prepare addendum/addenda for clarification of contract documents (assume 1 per Phase/Plan Year).

I Prepare conformed drawings incorporating addenda as needed. r Evaluate and recommend bid award.

Task 5 - Engineering Services During Construction
Carollo will perform the following tasks for each Phase/Plan Year:
carollo.com
Packet Page 34 of 95Attachment 2 Page 9 of 35

David Vong, P.E.

City of Fairfield, Public Works Department
August 25,2422

Page 8 ends

r Pre-constructionmeeting:
- Attend and participate in pre-construction meeting with City staff, general contractor, and subcontractors.
r Submittalreview:
- Review and respond to submittals (assume up to 20 submittals per Phase/Plan Year). o Review and respond to requests for information (RFls), assume up to 10 RFls per Phase/Plan Year' r Assist City in preparation and negotiation of change orders as requested. r Periodic site field visits during construction (assume 5 full-day site visits per Phase/Plan Year (includes travel to/from).
. Prepare record drawings.

Task 6 Deliverables
r Submittalreviews.
. RFI responses.
r Record drawings in PDF and DWG format and one mylar copy' TaskT-OptionalTasks
Task 7.L - Utility lnvestigation and Locating
Carollo will subcontract with Subtronic to investigate subsurface utilities in the project areas by contacting utility owners and reviewing available documentation. Based on review of this information, Carollo will recommend potholing locations and our subcontractor will perform potholing work as approved by the City' We will submit a potholing repoft in PDF format describing all findings.

Utility investigation, potholing, and reporting will occur at the beginning of each bid package and assumes 10 potholes per package (30 total) at a depth of 7 feet. All potholes will be fully restored at the City's request, including CDF backfill and hot patching restoration of pavement.

Task T.L Assumptions
r Potholing work will be conducted at the beginning of each design package.

Task T.L Deliverobles
o Potholing repons (3 total).

Future Plan Years
The tasks for plan year 3, plan Year 4, and Plan Year 5 are listed below and consist of the scope described above forTask 4, Task 5, and Task 6.

Pf an Year 3 |FY2O24 - FY2A25I
. Task 4 - Prepare Contract Documents for R&R Projects. r Task 5 - Bid Suppott.
e Task 6 - Engineering Services During Construction,
Plan Year 4(FY2O25 - FY2026)
a Task 4 - Prepare Contract Documents for R&R Projects. carollo.com
Packet Page 35 of 95Attachment 2 Page 10 of 35

David Vong, P.E.

City of Fairfield, Public Works Department
August 25,2022

Page 9 ends

r Task 5 - Bid Support.
o Task 6 - Engineering Services During Construction
Assumptions for the Scope of Work
The following assumptions apply to the scope of work in this proposal:
r The sewer replacements will be accomplished in 3 bid packages. o Construction management and inspections services are not included. r Preparation of a Storm Water Pollution Prevention Plan (SWPPP) is not included and assumed will be done by others.
r Environmental documentation or permits for construction, including the following, aie not included - CEOA review and approval.
- Cultural resources assessment repoft.
- Biological study report.
. Application for and/or obtaining regulatory construction permits, including but not limited to:
- County or outside utility and regulatory permitting agencies. o All permit and review costs shall be paid by the City. . Public Agency or Utility Coordination. lt is assumed that the City will coordinate with all appropriate public and utility agencies.
r Traffic control plans are not included.

Project Schedule
A high-level schedule for the project is provided below and is based on our prior communication with the City. A detailed project schedule will be provided at the project kickoff meeting and updated as needed. At a minimum, the project schedule will be updated at the beginning of each phase of work. Please note that Plan Years l and 2 are expected to be one larger bid package and not prepared and bid as two separate projects. ln total, it is anticipated that four bid packages are prepared under this contract.

The total project duration is estimated to not exceed five years.

Table 2 Preliminary Schedule (FY2023 -FYZA27)
5-Year Plan (FY2023)October 2022 December 2022 NA
Plan Finish
(lncludes Bid Phase)
Construction StartYearPlan Start
Plan Year L and 2 (FY23-FY24)January 2023 December 2023 January 2024 Plan Year 3 (FY2I+-FY25)January 2024 December 2024 January 2025 Plan Year 4 (FY25-FY25)January 2025 December 2025 January 2026 Plan Year 5 (FY26-FY27)Construction complete June 2026
carollo.com
Packet Page 36 of 95Attachment 2 Page 11 of 35

David Vong, P.E.

City of Fairfield, Public Works Department
August 25,2022

Page 10 ends

Proposed Fee
As shown in the summary table below and the detailed fee estimate in Attachment A, the proposed project fee is $1,398,310, which includes optionaltasks noted within.

Table 3 Proposed Fee
1 Project Management $19,415 $18,632 $26,050 $27,527 $91,624 Task Task Description FY2023 FY2024 FY2025 FY2026 Total Fee Five-Year Sewer
Replacement Plan
$49,202 $49,202
2 3 Preliminary Design Services $252,368 $2,478 $2,635 $257,481 Prepare Contract
Documents for R&R Projects
$7L,192 $155,663 $145,503 $70,928 s443'285
4 5 Bid Suppot 522,290 $23,695 $25,051 57Lt037
6 Engineering Services During
Construction
51L5,735 $125,423 $t32,573 5371,731
Total Clasks 1-5)5392,177 $31-4,798 $323,306 t256,079 $1.,286,359 Optional Task - Utility
lnvestigation and Locating
$35,932 $37,322 $38,697 $111,951
7 TotalWith OptionalTask $428,109 $352,L20 $362,003 $256,079 $1,398,310 We look foruuard to hearing back from you and would be pleased to discuss any modifications to this proposal to fit your needs.

Sincerely,
CAROLLO ENGINEERS, INC.
fu-
Felicia James, P.

Associate Vice- President
Enclosures: Attachment A - Detailed Fee Estimate
carollo.com
Packet Page 37 of 95Attachment 2 Page 12 of 35

EXHIBIT'8"

PAVMENT
1) The cost for services rendered by CONSULTANT under this Agreement shall be based on CONSULTANTs current schedule of hourly rates, attached, which is detailed in Exhibits B-1 and B-2.

Billings shall include the numbers of hours expended by each of the CONSULTANTs employees, plus reimbursables such as postage, delivery, reproduction, etc. Reimbursables shall be itemized on the billings. CONSULTANT shall provide an hourly rate fee schedule on an annual basis. Total payment for consulting services shall not exceed S1,398,310 unless otherwise approved in writing by the City. 2l Annual increases to CONSULTANT'S rates shall not exceed the most current available increase in the Consumer Price lndex. The term "Consumer Price lndex" means the average of the percent change in Consumer Price lndex for Urban Wage Earners and Clerical works, as reported by the Bureau of Labor Statistics or successor agency, from the October preceding the annual Agreement adjustment over the preceding October, for the San Francisco Bay Area, the Western urban Region, and' the U.S. Cities indices. ln no event shall annual wage increases effect this Agreement's not to exceed amount provided in paragraph 1 above.
3) Payment shall be made to CONSULTANTon a time and materials basis, and CONSULTANTshaII submit monthly invoices to the City Engineer for the same. 4l Any additional meetings or work required beyond that set forth in Exhibit "A" shall be mutually agreed to in writing by the CITY and CONSULTANI and shall be billed on a time and materials basis.
5) The CITY shall pay CONSULTANTs approved invoices within thirty (30) days of receipt.

Packet Page 38 of 95Attachment 2 Page 13 of 35

ATTACHMENT 4.1
Fairfield 5 Year Sewer Replacement Design and ESDCs

FEE ESTIMATE
Bid 'r Bid 2 Bid 3
Total CostsFY2025FY2024FY2023Task DescriptiooTask Name/Task Lead Task
No.
1 - PROJECT 09.978 $31.431$9,441$5.280 86,732
$2,962$0$a sc
611,12i$2,86:$3,02s$2,696$2,537
$12,93r$4,1 92$o $3.95t
$3.86i$0 $c0c1.2a lnformational Meeting

1.'lb Add;tional Meetings
'1.2 Public Outreach MaDs and Exhibits
$29,308$1 0,328$9,204 $9,776hborhood
427.521s26,05118,632$19,415Task 1
2 - Flve Ysar Plan
$23,26€$0 $0$23,268 $c
$c$0{ $7,352 --._ $7,352
$5,924$0
$0
$0$s,92,4 $(
$(s0$1 2.6s€___ qc2.4 Final Plan

2.2 DraftPlan
)Plan
Subtotal Task 2
rACK ?. PPFI IMINARY NESIGN SERVICES
549,2O29050t0349.202
$120,10($2,63€$1 14.987 $0
s0$c$1 37.381 _ q1!7.!91-9?dz!
$0
DESIGN

3.2 Geotechnical lnveslioation

3.1 $0 E267,4t1$2,63rs252.368 E2,47E
IISX +. PREPARE CONTRACT DOCUMENTS FOR R&R
$1 4,290$4,758 $5,05e$4,473
$166,762$46,8 14$61,764
and
Esiimate
1 4.2 60%
$4,647$1,548 s1,645--_ $s8,184
$1'455
$22,608s8,000
$c
$c
$€
$(s7.080 $7,528
Utiliw "B" Letters

4.2b 600/o
$90,074$31,221 $33,291$0Estimate90o/o $25,56:
$8.45€$23,984$8.000$o $7,528
$17.29t95,77A$c
$88,74€s31.963$o
_ _ _-" $q,4?q
$31,22'l
$14,87€- Jxs.qql
$6,1 00
$5,246$4,668 $4,962$c900/o Comment

4.3a 90o/o
600/o Comment
4,4 100o/o
67g,92U$'t45,503971,192 t155,553
$13.724$4,840$4.306 $4,578$o
5-BID

5.2 to Bidder
for Clarification $8.723 $24,73e$8.251$c $7,762
$9,71s$8.648 s9,1 94$cConformed
$ 1.769 $5,0'16
927,561
$1.673$0 $1,s74Bid Award5.4 Evaluate
E71,037s25,061l22,2St 523,595l0
$1 1.99'$4,22€$4,000$0 $3,764in Preconstruction6.1 Attend $1 08"07€$33.90€$36,053$0Review
$27,55 1
$38,'121
$78,1 1?$26,058$0 $24,508to RFls6.3 Review $41.25i$14,54€$1 2.94€s13,761$0Sketches for RFls $13.00€$36.863$1 2,303$0 $1 I,5746.5 Assis!and
$44.940$1 6,62f$1 2,570 $15,745$0Peridic Site Visits
s18.49t $52,467$1 7,503s0$16,4686.7 Record
7 E{16,736ffitu
$111,9s1$38.697 $c$37,322$35,9321
937.322 938,69?335,932
$o $r l r,951$38,697$35,932 s37,322Total Optional Tasks Budget Estimate BY Year at25t2022
Packet Page 39 of 95Attachment 2 Page 14 of 35

oo.coctrlEgoooc(!ooo<Ooo6coEOo6scE.q.9cEoFoooFoo(-)oco(LefL7.9os(!coE.cETotalLaborHoursTotalLaborCostsixhibitsCTrtingcations, Estimatelcations, Estimate))gfications, Estimate)gts)ationDrawings]id Awardecorlstruction MeelingsSubtotal TaskSubtotalTask_ _ $_9L8-39$0re$o$0$0s0s0$090s0EO$0s0$0$c$i$c$!$c$c90$0$o$9$0s0$p$0$0s0s0$0$!$0$0g0$0$c$0t0$0$c$cs€$0$0s030s0$o$0$060$0$o$,q$0$0$0$a$cca$050$c$1 22,00[$1?2,000$0$0$o$0$0$0$0$0s0s(_c99.9$.0$0$9q9cn$0$0$1 00,02cs{$100.02C$9$0$o$0$!$0$g$0q9$($099q!$c$q$0qq$!q0$0$0$0s0s0sc50$56,201$1 1,248$1 00,871$72,909$38,370$34,558$40,48C$48,35453115,790@$5,084s12,473$1 3,333$1 55,622$4,342$21,216983.868$22,496$'16,182$82,664$1 3,946$41 3.669$12,794$23,15€s25,51€$4,731$29,853$2,80C$1 0,527$11,S20$3,452$27,028$85,480s21.837s6.92Cs5.600s11 ,775t45.132$9,481$2,99t31248465336186150200246211631566676021953909672382801grli}60102tJz18201041?406436010632?1220421402454001?012000q02444800I1600002400240016000012824000000720720000000I00000000000o0000000g0$84re520004804E0007200122400q0000o02600013000130000g24o012U=670060500012000000000I0E035001600160000000240180487)1?072075635638483601203648I02480000co7612483848Jb38249012180124364880482452424254A241272424't27246341836241246I2412tz48150241616126828124000000000re73000000I41200(!03500190019000U0q01ZO0ffizts6to60361?303012240129416III40cII883?433241233124541640_?403S0066606140000122q0240000I050120000lion and negotationSuPacket Page 40 of 95Attachment 2 Page 15 of 35

EXHIBIT 8.3
CAROLLO ENGINEERS, INC.

FEE SCHEDULE
As of July 1,2022
Engineers/Scientists
Staff Professional
Project Engineer
Assistant Professional
Professional
PM / Project Professional
PIC / QA/QC I Lead Project Professional
Senior Professional
Technicians
Technicians
Senior Technicians
Support Staff
Document Processing / Clerical
Administration
Proiect Equipment Communication Expense
(PECE) Per DL Hour
Other Direct ExPenses
Travel and Subsistence
Mileage at IRS Reimbursement Rate
Effective JulY 1 ,2022
Subconsultant
Other Direct Cost
Expe( Witness
Hourlv Rate
$160.00
$1e3.00
$200.00
245.00
293.00
315.00
332.00
146.00
203.00
129.00
146.00

13.00 at cost
$.625 per mile
cost + 10%
cost + 10%
Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments' Packet Page 41 of 95Attachment 2 Page 16 of 35

EXHIBIT "C/

GENERAL PROVISIONS
1) INDEPEN,DENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2\ LICENSES: PERMITS: ET€. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession.
3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.
4l CONSULTANT NOTAN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf'of CITY in any capacity whatsoever as an agent.

CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obl igation whatsoeve r.
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.
5) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. ln the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a satisfactory manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CAN9ELLATION OF AGBEEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work Packet Page 42 of 95Attachment 2 Page 17 of 35

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' g) pRoDUcTs oF CoNSULT|NG. All products of the CoNSULTANT provided under this Agreement in"tt tr.6'" p.p.rtv of the clry. rn accordance with california Business and Professions code $ 6735(b), engineering documents sealed and signed by the CONSULTANT shall not be subsequently changed and/or used for any projects other than those delineated in Exhibit A. Any such modification and/or use of sealed and signed engineering documents without the written authorization/approval by the coNSULTANTshall be at the CtTy's sole risk and without liability or legalexposure to the coNsuLTANT. 10) INDEMNIFY ANP HOLD HARMLESS.
a) tf AGREEMENT is an agreement for design professional services subject to California Civil code S 2782.g(al and GoNSULTANT is a design professional, as defined in California civil Code S 27S2.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless clTy and its elected officials, officers, agents, employees and designated volunteers (collectively ,,ClTy lndemnitees") from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. coNsuLTANT's duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANTs proportionate percentage of fault. CONSULTANT's percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. ln the eVent any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT's percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSUTTANT's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) tf AGREEMENT is not an aBreement for design professional services subject to California civil code s 2782.S(a) or CONSULTANT is not a design professional as defined in california civil code S 27g2.g(cX2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the ClTy lndemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY lndemnitees' lt is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

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

CONSULTANTS responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law.

L1) PRoHIBITED INTERESTS. No employee of the ctTY shall have any direct financial interest in this agreement. rf,is agree*ent shall be voidable at the option of the CITY if this provision is violated.

Packet Page 43 of 95Attachment 2 Page 18 of 35

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) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code ES 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CIW official, otherthan normal contract monitoring. ln addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT.DEVETOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of S600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) lf CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) lf CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT'S federal tax identification number. 15) CITY.PROVIDED INFORMATION AND SERVICES. Upon request, the CITY shall furnish to CONSULTANT, as is reasonably practicable, available studies, reports and other data pertinent to CONSULTANT's services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as needed; with prior approval in writing, reimburse CONSULTANT for services of others required for the performance of CONSULTANT's services hereunder, and CONSULTANT shall at its discretion be entitled to use and reasonably rely upon all such information and services provided by the CIW in performing CONSULTANT's services under this Agreement.
16) ACCESS. The CITY shall arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSU LTANT to perform services hereunder. 17) ESTTMATES AND PROJECTIONS. ln providing opinions of cost, financial analyses, economic feasibility projections, schedules, and quantity and/or quality estimates for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; the incoming water quality and/or quantity; the way the CITY's plant(s) and/or associated processes are operated and/or maintained; and other economic and Packet Page 44 of 95Attachment 2 Page 19 of 35

operational factors that may materially affect the ultimate project elements, including, but not limited to, cost or schedule. Therefore, Consultant makes no waranty that the CITY's actual project costs, financial aspects, economic feasibility, schedules, and/or quantities or quality realized will not vary from CONSU LTANT's opi nions, a na lyses, projections, or esti mates. 18) WARRANTIES JlND GUABANTEES. CONSULTANT shall not be responsible for breach of fiduciary duty or tors of aniicipated profits for economic, incidental, liquidated, or consequential damages to the CtTy or any third party. Additionally, coNSULTANT shall not be responsible for acts and decisions of third parties, including governmental agencies, other than CONSULTANT's subconsultants or subcontractors, that impact project completion and/or success' 19)TH|RD PART|FS. The services to be performed by CONSULTANT are intended solely for the benefit of the ClTy. Notwithstanding the requirements in Section 10, no person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT's performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of coNSULTANT's services hereunder.

Packet Page 45 of 95Attachment 2 Page 20 of 35

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) MINtMUM SCOPE ANp LlMlTS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of S1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. lf 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 0L with Code 1 - any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers' Compensation insurance as required by the State of California and Employers' Liability insurance, each in the amount of SL,000,000 per accident for bodily injury or disease. 2) r,NpusTRY SPECTFIC COVERAGES
lf checked below, the following insurance is also required.

X Professional Liability lnsurance / Errors and Omissions Liability in the minimum amount of $L,000,000 per claim.
l-l Oo,lraion Liability lnsurance in the minimum amount of $1-,000,000 per occurrence fl our.*" Keepers lnsurance in the minimum amount of 5L,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of ( MCS-90 Endorsement to Business Automobile insurance for transportatlon of hazardous materials and pollutants
L,,,d"r's Risk /tourse of Construction lnsurance in the minimum amount of $ 3) |NSURANCEPROVTSTONS
a) qEDUgnB$5 4ND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or Packet Page 46 of 95Attachment 2 Page 21 of 35

eliminate such deductibles or self-insured retentions as respects the CITY, its officers, offiiials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The generaland automobile liability policies (and if applicable, pollution liability, Bara$e keepers liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The ClTy, 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 clTY, its officers, officials, employees or volunteers.

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) TheCONSULTANTsinsuranceshallapplyseparatelytoeachinsuredagainstwhomclaimismade or suit is brought, except with respect to the limits of the insurer's liability. v) Each insurance poliry required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either parly, reduced in coverage or in limits except after thirty (30) days' prior written notice by mail 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) ACCEPTABILITYOFINSURER. lnsuranceistobeplacedwithinsurerswithacurrentA.M.Best'srating of no less than A:Vll, unless otherwise acceptable to the CITY' vERtFtcATtoN OF covERAGE. CONSULTANT shall furnish the clTY with original endorsements effecting .ou.r.g" i.quired 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 1L 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: certificates-fairfield@riskworks'com.

All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the clTy, coNsuLTANTshall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications' d) suB-coNTRAcTO[S. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CoNSULTANTto verifil existence of sub- ii)
Packet Page 47 of 95Attachment 2 Page 22 of 35

contracto/s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

Packet Page 48 of 95Attachment 2 Page 23 of 35

) Go to www.irs.govlFormW9 for instructions and the latest information. on your income tax i5 on iine: do not blank.
name, if different
7 Lis! account numbe(s) here
IlN, later.

Note: lf the account is in more than one name, see the instructions for line 1' Also see What Name and Number To Give the Requester for guidelines on whose number to enter' on
,.,. ull-g
(Rev. October 201 8)
Department of the Treasury
lntemal Revenue Service
Here Connie Barney
General lnstructions
Section references are to the lnternal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published , ga lo www.irs.gov/FormW9'
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an inlormation return with the IRS must obtain your correct taxpayer identification number fflN) which may be your social security number (SSN), individual taxpayer identilication number (lTlN), adoption i""piyet identification number (ATIN), or employer identification number 1=f frf1, io report on an inlormation return the amount paid to you, or other imount reportable on an information return. Examples of information returns include, but are not limited to, lhe following. . Form 1099-lNT (interest earned or paid)
Request for Taxpayer
ldentification Number and Certification
Give Form to the
requester, Do not
send to the lRS.
4 Exemptions (codes aPPIY onlY to
certain entities, not individuals; see
instructions on Page 3):

Exempt payee code (if anV)--
Exemption from FATCA reporting
code (if anyi
(Applies to aecounts maintained ouEide lhe u.g)
name and
Date )
o Form 1099-DlV (dividends, including those from stocks or mutual iunds)
. Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
. Form 1 099-9 (stock or mutual fund sales and cedain other transactions bY brokers)
. Form 1099-5 (proceeds from real esiate transactions)
r Form 1099-K (merchant card and third party network transactions) . Form 1 098 (home mortgage interest), 1098-E (student loan interest)' 1098-T (tuition)
. Form'1099-C (canceled debt)
. Form 1 099-A {acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TlN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding' later.
2 o
g.
(so
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Under penalties of perjury, I certify that:
1 . The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholdlng, or (b) I have not been notified by the lnternal Revenue service (lRS) that I am subject to backup withholdirig a. "re"rit of a failure to reJott all inieresi or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U'S. person (defined below); and Signature of
U.S. person )-07'00'
3 Check appropriate box for federal tax classification of the person whose name is n COorporation VsCorporation n Partnership n TrusUestate the tax classiJication (C=C corporation, S=S corporation, P=Partnership) > Other
entered on line 1. Check only one of the
Do checnotownerclassificationtaxofthelineihetorabovethesingle-membertheCheckboxtnNote:appropriate tslLctheofownerthethefromunlessownerthatLLCclassifiedtsadisregardedifLLCLLCsingle-memberthe LLCaOtherwise,U.S.for taxfederal single-memberthefromownerpurposes,LLCanother tsthat not disregarded itsof nerowforboxtaxtheclassificationlhecheckthefromshouldappropriateownerdisregarded following seven boxes.
n lndividuallsole
single-member
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street, and apt. or suite no.) SeB5 Address
Mitchell7
ZIP code6
C 601
, state,
numberPart I
number
29o22I60I
Part ll
CaL No. 10231X form W-9 {Rev. 10-20'18)
Packet Page 49 of 95Attachment 2 Page 24 of 35

CERTIFICATE OF LIABILITY INSURANCE 7t4t2023
THIS C ERTIFICATE IS ISSUED AS A MATTER OF INFO RMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVEMGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

A CONTRACT BETWEEN THE tss U rNG TNSURER(S), AUTHORIZED certificate holder an policy(ies) must have ADDITIONAL provisions or endorsed.

If SUBROGATION IS WAIVED,
this certificate does not confer
subject to the terms and conditions of the policy, certain policies may requi re an endorsement. A statement on to the certificate holder in lieu of such
PRoDUCER Lockton Companies
444 W. 47th Street. Suite 900
Kansas City MO 641 l2-1906
(816) 960-eoo0
[email protected]
INSURED CAROLI-O ENCINEERS, INC.
2795 MITCHELI- DR.

WALNUT CREEK CA 94598-160I
14726t3

DATE (MM/DDIYYYY)
NAIC #
I 6535rNsuRER A ,Zurich American Insurance Company
20443rNsuRER B' Conf inental casualtv Comnanv
INSTIRER C :

INSI.JRER D:

INSURER E:

INSTIRER F :

TE NUMBER MBER:

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRI BED HEREIN IS SUBJECT TO ALL THE TERMS' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. sl
sl
$
EACH CLAIM: $ 1,000,000r
ACCREGATE: $1,000.000
2 XXXXXXX
$
$
B
, DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES
, Sewer R&R Planning and Design. Ci$ of Fairfield, i
, these coverages are primary and non-conlributory, as
(ACORD 101, Addltlonal Remarks Schedule, may be attached if more sPace is requited) ir "mlii, "m.ials.
employees ana udiunfu." are additional insureds as reipects.general liability and auto liability. and required by wriuen contracr. c."lr.iLiiilii,v;dAuto r-iauiii+' inclurle s&erabTtiry of interesis. (SEE Al"lAcHFD.) LIMITSPOLICY tsFFtMu/nntYYYyIPOLICY NUMBERAUUL
tN-qnIYPE OF INSURANCE s 1.000.000
one

PERSONAL & ADV INJURY

GENEML AGGREGATE
PROOUCT$ - COMP/OP AGG
1t42022 7/412023GLO 9730569YNCOMMERCIAL GENERAL UABILITY cLArMs-MAoE f xl o..r^
L AGGREGATE LIMIT APPLIES PER:

LOC,0.,., fxl SFgi
BODILY INJURY (Per Person)
BODILY INJURY (Per accident)
nEn. anMp/col I.
7/4/202]7/412022NBAP 973057 I

ANY AUTO
OWNEO
AUTOS ONtY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS
NON-O\^/NED

AUTOS ONLYX

AUTOMOBILE LIABIUTY
X

EACH OCCURRENCE

AGGREGATF

OCCURUMBRELLA LIAB

EXCESS LIAB

NOT APPLICABLE
DFD RETENTION $PERqTATI ITF I UrH-IFRX

E L EACH ACCIDENT
E.L DISEASE - EA EMPLOYEE
't/4t2023
E.L. DISEASE. POLICY LIMIT
7/412022Nwc 9730570
NIA

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEi'8ER EXCLUOED?
(Mandalory in NH)
lf vas, describ€ under
DFScRIPTIoN OF OPERATIONS below
7t412023t/4/2422NNAEH 288354410PROFESSTONAL

LIABILITY
LjNI,IMITED PRIOR ACTS

AUTHORIZED

CERTIFICATE
18976930
City of Fairfield
1000 Webster Street, 3rd Floor
Fairfield CA 94533

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS'
@ 5 ACORD
ACORD 25 (2016/03)The AGORD name and logo are registered marks of ACORD CORPORA TION. All rights resewed.

Packet Page 50 of 95Attachment 2 Page 25 of 35

IONITNUATION DESG:RIPNON, OF OPERAIIONSILOCATIONE/VEHICLESIEXCLUSIONS ADDED BY ENDORSEUENT/SPECIAL PROVISIONS (USE ONIY If MOTA 9PACE IS rcqUI'Ed} General Liability, Auto Liability & Workers'Compensation Deductibles: NlA. Professional Liability Deductible: $500,000. *
coRD 25 (20r6/03)Certificate Holder lD: 18976930
Packet Page 51 of 95Attachment 2 Page 26 of 35

Attachment Codc: D573 I l9 Certificate ID: 18976930
Professional Liability and Pollution lncident Liability lnsurance Policy Endorsement

NOTICE ENDORSEMENT - NOTICE OF CANCELLATTON, NON-RENEWAL OR REDUCTION IN

LIMITS WHERE REQUIRED BY WRITTEN CONTRACT
It is understood and agreed that if the Named lnsured has agreed in a written contract with its client to provide such ilient with notice of cancellation or non-renewal of this Policy, or notice of a reduction in the Limits of Liability of this Policy by endorsement during the policy term, the lnsurer will provide such notice of cancellation, non-renewal or reduction in Limits to the client as set forth herein.

Within ten (10) business days of the lnsurer's request, the Named lnsured will deliver to the lnsurer, or cause to be delivered by the broker or agent of record, a list acceptable to the lnsurer containing the names and addresses of all entities entitled to receive notice. lf the list is not provided Io the lnsurer within such time period, the lnsurer will not provide notification. The lnsurer will assume that the list provided to the lnsurer by the Named lnsured or the broker is a complete and accurate list of certihcate holders. Only those persons or entities listed on the schedule will receive notification. The lnsurer will keep no other record of any certificate holders in the lnsurer's file. Such notice will be delivered to such client at the address recorded by certificate on file with the broker or agent of record and provided to the lnsurer,
With respect to cancellation or non-renewal of this Policy, the lnsurer will provide the Named Insured's client with the greater of.

1. thirty (30) days' notice; or

2. the number of days' notice set forth in the applicable State Provisions endorsement attached to this policy in accordance with the Cancellation/Non-Renewal condition of the Policy.

With respect to a reduction in the Limits of Liability of this Policy by endorsement during the policy term, the lnsurer will provide the Named lnsured's client with the lesser of:
'1. sixty (60) days' notice; or

2. the number of days' notice required in the Named lnsured's contract with such client.

The lnsurer's failure to provide such notification will not extend the Policy cancellation date, negate cancellation or non-renewal of the Policy, invalidate any endorsement to the Policy or be cause for legal action against the lnsurer.

All other terms and conditions of the policy remain unchanged' This endorsement, which forms a part of and is for attachment to the policy issued by the designated lnsurers, takes effect on the Policy Effective date of said policy at the hour stated in saidlolicy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

Form No: CNA83699XX (11-2015)Policy No:

AEH288354410
O Copynght CNA All Rights Reserved"
Packet Page 52 of 95Attachment 2 Page 27 of 35

Attachment Code: D573l2l Certificate ID: 18976930
POLICY NUMBER: BAP 9730571
Notification to Others of Cancellation, Nonrenewal or Reduction of lnsurance
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the:

Commercial Automobile Coverage Part
A. lf we cancel or non-renew this Coverage Part by written notice to the first Named lnsured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non-renewal:

1. To the name and address corresponding to each person or organization shown in the Schedule below; and

2. At least 1 0 days prior to the effective date of the cancellation or non-renewal, as advised in our notice to the first Named lnsured, or the longer number of days notice if indicated in the Schedule below.

B. lf we cancel this Coverage Part by written notice to the first Named lnsured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation.

C. lf coverage afforded by this Coverage Part is reduced or restricted, except for any reduction of Limits of lnsurance due to payment of claims, we will mail or deliver notice of such reduction or restriction:

1. To the name and address corresponding to each person or organization shown in the Schedule below; and

2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below.

D. lf notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice.

All other terms and conditions of this policy rcmain unchanged.

SCHEDULE
Name and Address of Other Person(s) /
Oroanization(s):Number of Days Notice:

All certificate holders where notice of cancellation is required bv written contract with the Named lnsured 60
u-cA-811-A CW (05110)
Packet Page 53 of 95Attachment 2 Page 28 of 35

Attachment Code: D573 122 Ccrtihcate ID: 18976930
POLICY NUMBER: GLO 9730569
Notification to Others of Cancellation, Nonrenewal or
Reduction of Insurance
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY' This endorsement modifies insurance provided under the:

Gommercial General Liability Coverage Part
Liquor LiabilitY Coverage Part
P rod ucts/Completed Operations Liabi I ity Covera ge Part A. lf we cancel or non-renew this coverage part(s) by writien notice to the flrst Named lnsured for any reason other than nonpayment of premium, we will mail or deliver a iopy of such written notice of cancellation or non-renewal:
1, To the name and address corresponding to each person or organization shown in the schedule below; and

2. Aileast l0 days prior to the effective date of the cancellation or non-renewal, as advised in our notice to the first Named tnsureb, or the longer number of days notice if indicated in the Schedule below' B. lf we cancel this coverage part(s) by written notice to the first Named lnsured for nonpayment of premium, we will mail or deliver a copy of iuch writt'en notice of cancellation to the name and address corresponding to each person or organization snown ih the schedule netow at least 10 days prior to the effective date of such cancellation' c. lf coverage afforded by this coverage part(s) is reduced or restricted, except for any reduction of Limits of lnsurance due to pa-yment of claims, we will mJil or deiiver notice of such reduction or restriction:
1, To the name and address corresponding to each person or organization shown in the Schedule below; and

2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below'
D. lf notice as described in paragraphs A., B. or G. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice.

SCHEDULE
Number of DaYs Notice:Name and Address of Other Person(s)/ 60All certificate holders where notice of cancellation is Named
All other terms and conditions of this policy remain unchanged' u-GL-1447-A CW (o5l1o)
Packet Page 54 of 95Attachment 2 Page 29 of 35

Attachment Code: D573 I 24 Certificate lD: 18976930
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY wc 99 06 34

NOTIFICATION TO OTHERS OF CANCELLATION, NONRENEWAL OR

REDUCTION OF INSURANCE ENDORSEMENT
This endorsement is used to add the following to Part Six of the policy

PART SIX

CONDITIONS
A. lf we cancel or non-renew this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non-renewal to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation or non-renewal, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below.

B. lf we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation.

C. lf coverage afforded by this policy is reduced or restricted, except for any reduction of Limits of Liability due to payment of claims, we will mail or deliver notice of such reduction or restriction to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the efiective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below.

D. lf notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice.

All other terms and conditions of this policy remain unchanged.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy No. WC 9730570
lnsured CAROLLO ENGINEERS, lNC.
lnsurance Company Zurich American lnsurance Company
wc 99 06 34
(Ed. 05-10) lncludes copyrighted material of National Council on Compensation lnsurance, lnc. with its permission

SCHEDULE
Name and Address of Other Person(s) /
Orqanization(s):Number of Days Notice:

All certificate holders where notice of cancellation is reouired bv written contract with the Named lnsured 50
Packet Page 55 of 95Attachment 2 Page 30 of 35

AttachtnentCode: D573 125 Certificate ID: 18976930
POLICY NUMBER: BAP 9730571 COMMERCIAL AUTO
cA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

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

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the who ls Rn tnsuieo provision & tne coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

SCHEDULE
oOr ameNaPof nization(s))rgerson(s
orstatus additionaliitionalrednsutoiredaddreawhichorrequprovidetonizationwhomyouornorgapersoAnycutedexenortonreementntractcowritteporbasialnwrittenags,noredonstatusa n-contributorymaryinsupn ited lawreemensuchwhere
in the Declarations.if not shown a willbethis Schedulnformationcoui Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as in "insured" under the Who ls An lnsured provision
contained in Paragraph A.1. of Section ll - Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier-Coverage Forms and Paragraph D.2. of
Section I - Covered Autos Coverages of the Auto
Dealers Coverage Form.
cA2048 10 13
Packet Page 56 of 95Attachment 2 Page 31 of 35

Attachment Code: D573 129 Certificate ID: 18976930
POLICY NUMBER: GLO 9730509
A. Section ll - Who ls An lnsured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazatd".

However:

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

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

COMMERCIAL GENERAL LIABILITY
cG 20 37 12',19
B. Wth respect to the insurance afforded to these
additional insureds, the following is added to
Section lll- Limits Of lnsurance:
lf coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
lnsurance;
whichever is less.

This endorsement shall not increase the applicable
Limits of lnsurance.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILIry COVERAGE PART

PRODUCTS/COM PLETE D OPE RATIONS LIAB I LITY COVERAG E PART

SCHEDULE
Name Of Additional lnsured Person(s)
Or Orqanization(s)Location And Description Of Completed Operations Any person or organization, other than an architect,
engineer or surveyor, whom you are required to add as
an additional insured under this policy under a written contract mark or written agreement executed prior to
loss.

Any Location or project, other than a wrap-up or other
consolidated insurance program location or project for
which insurance is otherwise separately provided to
you by a wrap-up or other consolidated insurance
program
lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations. cG 20 37 1219
Packet Page 57 of 95Attachment 2 Page 32 of 35

Attachment Code: D573 l8l Certit'icate ID: 18976930
A. Section ll - Who ls An lnsured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respeci to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in Part, bY:

1. Your acts or omissions; or

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

However:

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

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

COMMERCIAL GENERAL LIABILITY
cG 20 10 1219POLICY NUMBER: GLO 9730569
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

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

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

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

Of Covered OperationsLocation(s)Name Of Additional Insured Person(s) anizati
Any Location or project, other than a wrap-up or other
consolidated insurance program location or project for
which insurance is otherwise separately provided to
you by a wrap-up or other consolidated insurance
program
Any person or organization, other than an architect,
enlineer or surveyor, whom you are required to add as
an-additional insured under this policy under a written contract or written agreement executed prior to loss.
l
the Declawill be shownthislnformation S.u ule if not shown GG20 101219
Packet Page 58 of 95Attachment 2 Page 33 of 35

AttachmentCode: D573 l8l Certificate ID: 18976930
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section lll - Limits Of lnsurance:
lf coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance;
whichever is less.

This endorsement shall not increase the applicable
Limits of lnsurance.
cG 20 10 1219
Packet Page 59 of 95Attachment 2 Page 34 of 35

Attachment Code: D5790?0 Certificate ID: 18976930
POLICY NUMBER: GLO 9730569
Other Insurance Amendment - Primary and Non-Contributory . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the:

Gommercial General Liability Coverage Part

1. The following paragraph is added to the Other lnsurance Condition of Section lV - Gommercial General Liability Gonditions:

This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that:
a. The additional insured is a Named lnsured under such other insurance; and b. you are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

2. The following paragraph is added to Paragraph 4.b. of the other lnsurance Condition of Section lV - commercial General LiabilitY Gonditions:

This insurance is excess over:

Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on'our policy is als6 covered as an additional insured on another policy providing coverage for the same "occurrence", offlnse, claim or "suif'. This provision does not apply to any policy in which the additional insured is a Named lnsured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis.

All other terms and conditions of this policy remain unchanged. u-GL-1327-B CW (04/13)
Packet Page 60 of 95Attachment 2 Page 35 of 35

Agenda Item No: 8.

AGENDA REPORT
DATE:April 4, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202357 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Landscape Maintenance Agreement Between the City of Fairfield and the State of California (Caltrans) for Improvements on State Route 12 at Webster Street, Jackson Street, and Pennsylvania Avenue (Clean California) RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
In collaboration with the Solano Transportation Authority (STA), the City has been awarded $2,550,000 in grant funding from the Clean California Local Grant Program (Clean California) to improve the landscaping along State Route 12 (SR12) at the intersections of Pennsylvania Avenue, Webster Street, and Jackson Street. Adoption of the resolution will authorize the city manager to enter into a maintenance agreement with the California Department of Transportation (State or Caltrans) for the City to maintain the improved landscaping within the Caltrans rightofway.

DISCUSSION
In March 2022, the City entered into a funding agreement with STA to utilize $2.55 million of Clean California grant funds to improve the landscaping at the intersection of SR12 and Pennsylvania Avenue, and the on/offramps at Webster Avenue and Jackson Street (Project). The overall Project consists of installing plants, irrigation, plant establishment, fencing, and inert groundcover in the cities of Fairfield and Suisun City along SR12.

STA’s design consultant, Bellecci Intelligent Infrastructure (Bellecci), has put together the bid package for the Project and submitted it to Caltrans for review and approval of an encroachment permit for work being completed in the Caltrans rightofway. One component of the encroachment permit packet is the maintenance agreement between the City and Caltrans. The encroachment permit will not be issued until Caltrans has received an executed maintenance agreement from the City. Once the encroachment permit is issued the City can bid the Project for construction. Adoption of the resolution will authorize the city manager to enter into a maintenance agreement with Caltrans for the City to maintain the improved landscaping within the Caltrans rightofway.

Packet Page 61 of 95

Agenda Item No: 8.AGENDA REPORTDATE:April 4, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202357 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Landscape Maintenance Agreement Between the City ofFairfield and the State of California (Caltrans) for Improvements on State Route 12 atWebster Street, Jackson Street, and Pennsylvania Avenue (Clean California)RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEIn collaboration with the Solano Transportation Authority (STA), the City has been awarded $2,550,000in grant funding from the Clean California Local Grant Program (Clean California) to improve thelandscaping along State Route 12 (SR12) at the intersections of Pennsylvania Avenue, Webster Street,and Jackson Street. Adoption of the resolution will authorize the city manager to enter into amaintenance agreement with the California Department of Transportation (State or Caltrans) for the Cityto maintain the improved landscaping within the Caltrans rightofway.DISCUSSIONIn March 2022, the City entered into a funding agreement with STA to utilize $2.55 million of CleanCalifornia grant funds to improve the landscaping at the intersection of SR12 and Pennsylvania Avenue,and the on/offramps at Webster Avenue and Jackson Street (Project). The overall Project consists ofinstalling plants, irrigation, plant establishment, fencing, and inert groundcover in the cities of Fairfieldand Suisun City along SR12. STA’s design consultant, Bellecci Intelligent Infrastructure (Bellecci), has put together the bid packagefor the Project and submitted it to Caltrans for review and approval of an encroachment permit for workbeing completed in the Caltrans rightofway. One component of the encroachment permit packet is themaintenance agreement between the City and Caltrans. The encroachment permit will not be issueduntil Caltrans has received an executed maintenance agreement from the City. Once the encroachmentpermit is issued the City can bid the Project for construction. Adoption of the resolution will authorize the city manager to enter into a maintenance agreement with Caltrans for the City to maintain the improved landscaping within the Caltrans rightofway.

FINANCIAL IMPACT
The project is estimated to have a yearly maintenance cost of roughly $100,000. This yearly cost is proposed to be funded through the General Fund (Fund 101, Organization Code 60306) once the City takes over maintenance for the Project.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Execution of the maintenance agreement is a requirement of the Clean California grant program. If the council has any questions, the recommended action may be delayed so that staff can provide the necessary background information. Potential delays will likely impact the Project’s ability to meet the grant deadline of project completion by June 2024.

STAFF CONTACT
Caroline Vedder, Senior Civil Engineer
(707) 4287484
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
Proposed Agreement
Proposed Improvements
REVIEWERS:

CITY OF FAIRFIELD

RESOLUTION NO. 2023-57

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

MANAGER TO EXECUTE A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE CITY OF

FAIRFIELD AND THE STATE OF CALIFORNIA (CALTRANS) FOR IMPROVEMENTS ON STATE ROUTE 12 AT WEBSTER STREET, JACKSON STREET, AND PENNSYLVANIA AVE (CLEAN

CALIFORNIA)

WHEREAS, Solano Transportation Authority (STA) has been awarded $4,700,000 through the Clean California Local Grant Program (Clean California) to construct landscape improvements; and

WHEREAS, funding through Clean California, in the amount of $2,550,000, has been made available to the City of Fairfield from STA; and

WHEREAS, those funds have been identified to be used for landscape improvements along State Route 12 (SR12) at Webster Street and Jackson Street interchanges, and the Pennsylvania Avenue intersection (Project); and

WHEREAS, Resolution No. 2022-38 authorized the city manager to execute a funding agreement between the City and STA to utilize the grant funds for the Project; and

WHEREAS, the City has prepared, and California Department of Transportation (Caltrans) has approved, the Plans and Specifications for Project; and

WHEREAS, the City must enter into a maintenance agreement with Caltrans to receive grant funds through the encroachment permit process; and

WHEREAS, an executed maintenance agreement must be submitted to receive the encroachment permit to complete the work within their right-of-way.

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

Section 1. The city manager is hereby authorized to execute the SR12 Clean California Maintenance Agreement between Caltrans and the City of Fairfield, which is in a form approved by the city attorney.

Section 2. The public works director is hereby authorized to do all things necessary to implement the above-mentioned agreement.

Packet Page 63 of 95Attachment 1 Page 1 of 2

RES. NO. 2023-57

Page 2 ends

PASSED AND ADOPTED this 4th day of April, 2023, by the following vote:

AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO /TONNESEN / VACCARO / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK
Packet Page 64 of 95Attachment 1 Page 2 of 2

CCA-FAIRFIELD, SOL-12-PM 3.85/4.7
1 LANDSCAPE MAINTENANCE AGREEMENT

WITH THE CITY OF FAIRFIELD

THIS AGREEMENT is made effective on ___________________, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of Fairfield; hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”

1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed improvements within STATE’s right of way by Encroachment Permit Number _____________________.

2. This Agreement addresses CITY responsibility for the landscaping, plants (shrubs & trees), irrigation systems, wood mulch, fertilizer, soil, rock blanket, and litter removal (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 12, as shown on Exhibit A, attached to and made a part of this Agreement.

3. Maintenance responsibilities that include, but are not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.”

4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this Agreement.

5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.

Packet Page 65 of 95Attachment 2 Page 1 of 9

CCA-FAIRFIELD, SOL-12-PM 3.85/4.7
2 6. CITY agrees, at CITY expense, to do the following:

6.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of license in the State of California, to MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre- approved by STATE.

6.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE’s District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE’S right of way. All proposed LANDSCAPING must meet STATE’s applicable standards.

6.2.1. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE’s right of way.

6.2.2. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way

6.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement.

6.3.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.

6.3.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.

6.3.3. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly.

6.4. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY.

Packet Page 66 of 95Attachment 2 Page 2 of 9

CCA-FAIRFIELD, SOL-12-PM 3.85/4.7
3 6.5. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.

6.6. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: ATTN: Office Chief, Environmental Maintenance, California Department of Transportation, District 4, Division of Maintenance, Landscape Maintenance, MS4A, P.O. Box 23660, Oakland, CA 94623-0660.

6.7. CITY shall ensure LANDSCAPING within the Agreement limits provide an acceptable walking and riding surface and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.

6.8. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.

6.9. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.

7. STATE may provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement.

8. STATE shall Issue encroachment permits to CITY at no cost to it.

9. LEGAL RELATIONS AND RESPONSIBILITIES:

9.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.

9.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, Packet Page 67 of 95Attachment 2 Page 3 of 9

CCA-FAIRFIELD, SOL-12-PM 3.85/4.7
4 STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.

9.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.

9.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

9.5. PREVAILING WAGES:

9.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-

7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

Packet Page 68 of 95Attachment 2 Page 4 of 9

CCA-FAIRFIELD, SOL-12-PM 3.85/4.7
5 9.5.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

10. INSURANCE

10.1. SELF-INSURED- CITY is self-insured. CITY agrees to deliver evidence of self- insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self- Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the project location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

10.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

11. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

12. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or Packet Page 69 of 95Attachment 2 Page 5 of 9

CCA-FAIRFIELD, SOL-12-PM 3.85/4.7
6 terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF FAIRFIELD STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

By: __________________________
Mayor

Initiated and Approved

By: ___________________________
City Manager

By: ___________________________

LEAH BUDU
Deputy District Director,
Maintenance Division, District 04
ATTEST:

By: __________________________
City Clerk

By: __________________________
City Attorney

Packet Page 70 of 95Attachment 2 Page 6 of 9

EXHIBIT A
1 (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)

Packet Page 71 of 95Attachment 2 Page 7 of 9

PROPOSED LANDSCAPINGPROPOSED CAM COUPLERPROPOSED LANDSCAPINGTEMPORARY IRRIGATIONTEMPORARY IRRIGATIONTEMPORARY CITY IRRIGATIONPROPOSED CAM COUPLERPROPOSED TRUCK TURNOUTSCALE 1" = 250'PROPOSED LANDSCAPINGCITY LIMIT LINEVICINITY MAPPacket Page 72 of 95Attachment 2 Page 8 of 9

EXHIBIT B – LETTER OF CERTIFICATE OF CITY OF FAIRFIELD STATEMENT OF

SELF INSURANCE

1 California Department of Transportation, District 04
111 Grand Ave.

Oakland, CA 94623
Attn: LEAH BUDU, DEPUTY DISTRICT DIRECTOR, MAINTENANCE

City of Fairfield
Department of Finance

RE: Statement of Self Insurance for the City of Fairfield ("CITY") Related tothe Landscaape Maintenance Agreement with State of California Department of Transportation (“STATE”), in Solano County along State Route 12 from PM 3.85 to PM 4.7.

Dear Ms. Budu:

The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section

10.1 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,

FINANCE MANAGER

Packet Page 73 of 95Attachment 2 Page 9 of 9

SR-12 SOLANO COUNTY, CASEPTEMBER 2022L1PENNSYLVANIA CONCEPT0’ 25’ 50’ 100’HWY 12PENNSYLVANIA AVEACCENT TREES RECENT PG&ELANDSCAPING PROJECT FLOWERING ACCENTPLANTINGROCK BLANKET(6”-R 8” MORTARED RIVER COBBLE)Packet Page 74 of 95Attachment 3 Page 1 of 2

SR-12 SOLANO COUNTY, CASEPTEMBER 2022L2WEBSTER & JACKSON CONCEPT0’ 25’ 50’ 100’NATIVE OAK TREEDROUGHT TOLERANT LANDSCAPING6’ WIDE MULCH VINES PLANTED ON CITY PROPERTY, TO GROW OVER TOP OF SOUNDWALLFLOWERING ACCENT TREESROCK BLANKET (6”-8” MORTARED RIVER COBBLE)HWY 12WEBSTER STJACKSON STEXISTING WETLAND TO REMAINPacket Page 75 of 95Attachment 3 Page 2 of 2

Agenda Item No: 9.

AGENDA REPORT
DATE:April 4, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202358 of the City Council of the City of Fairfield Authorizing the City Manager to Submit a Priority Development Area Grant Application in the Amount of $200,000 in Response to the Metropolitan Transportation Commission’s Priority Development Area Grant Call for Projects and Authorizing the City Manager to Commit up to $200,000 in Matching Funds in the Form of Staff Time RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Community Development Department staff requests City Council support for an application to the Metropolitan Transportation Commission (MTC) for $200,000 for a Priority Development Area (PDA) Grant to complete Heart of Fairfield Plan implementation activities for the West Texas Street Gateway PDA and Downtown Fairfield PDA.

DISCUSSION
The PDA Program is a voluntary partnership between local governments, MTC, and the Association of Bay Area Governments (ABAG). Through the PDA program, local governments identify areas envisioned for future housing and job growth that are served by transit. Bay Area cities have nominated 218 PDAs since 2007.

PDAs facilitate coordinated regional planning for future growth and transportation investment. In addition to shaping the location of anticipated growth and major transit investments, PDAs receive a dedicated share of funding for local planning and for transportation improvements such as complete streets, bikeways, and parking programs. This is reflected in Plan Bay Area 2050, the region’s current longrange land use and transportation plan.

Fairfield Background:In June 2007, the City of Fairfield established the West Texas Street Gateway PDA and Downtown Fairfield PDA. The West Texas Street Gateway PDA is centered around the Fairfield Transportation Center on Cadenasso Drive, including properties on Auto Mall Parkway and West Texas Street, where several parcels are identified as suitable for mixeduse development. The Downtown Fairfield PDA is tied to the SuisunFairfield Train Station and incorporates much of Packet Page 76 of 95

In January 2014, the City Council authorized a funding agreement between the City and Solano Transportation Authority (STA) to fund the preparation of a Specific Plan for the West Texas Street Gateway and the Downtown Fairfield PDAs. This Specific Plan would later be known as the Heart of Fairfield (HOF) Plan.

In May 2017, the council adopted the HOF Plan after a robust community participation process that actively engaged residents, businesses, property owners, developers, neighborhood representatives, elected and appointed officials, and other stakeholders after nearly a threeyear period. The HOF Plan area comprises approximately 513 acres in central Fairfield, currently consisting of residential, commercial, recreational, civic, and industrial uses. The HOF Plan establishes a longterm vision through 2040 and beyond for the revitalization of Downtown Fairfield, the West Texas Street corridor, and adjacent areas:

The Heart of Fairfield is a social, economic, and cultural center for Fairfield, a distinct destination that attracts the community through thoughtful design, desired shopping and dining, lively activities, ranges of housing, and convenient access to regional transit. It is the place where residents, workers, visitors, tourists, and people from all over Fairfield and the region come to meet, gather, thrive, and celebrate community milestones.

The HOF Plan envisions up to 1,600 new residential units and up to 140,000 square feet of new commercial and office space developed in an urban, mixeduse environment. This new development will complement and build upon the existing traditional “street grid” character of Downtown Fairfield and will transform West Texas Street from its current strip commercial character into a more urban, mixed use residential and commercial corridor. The HOF Plan guides this growth using design guidelines, prototypes, and public realm and streetscape guidelines.

MTC Call for Projects:In December 2022, MTC released a Call for Projects for PDA Planning Grants open to local governments with one or more PDAs. To date, these grants have funded more than 80 plans and a wide range of technical assistance. This round of funding supports three types of planning activities:

Full Plans that, at a minimum, establish development standards and identify public improvements, informed by community engagement and resulting in an adopted plan, CEQA analysis, and zoning and general plan amendments. (Maximum grant amount: $1,200,000.) Plan Amendments that update an adopted plan to reflect changing community priorities, state and regional policies, and economic trends. Plan amendments typically involve revising part, but not all, of a plan, and result in updates to the zoning code and, if applicable, an EIR and general plan land use designations. (Maximum grant amount: $600,000.) Plan Implementation:Technical Assistance to develop and adopt policies or programs that facilitate the implementation of an adopted plan for one or multiple PDAs. (Maximum grant amount: $200,000.)
To ensure both local and regional benefits, plans funded through the PDA program must meet minimum requirements but can do so in a way that addresses community priorities. At a minimum, plans must include development standards, public rights of way standards, and other public spaces; capital improvements; a funding strategy; actions to expand equity; any necessary environmental analysis; and updates to zoning and the general plan to achieve consistency with the grantfunded Plan. By receiving funding, grant recipients are committed to ensuring that Plans are consistent with any applicable state and regional laws and policies, such as MTC’s TransitOriented Communities Policy. MTC/ABAG will Packet Page 77 of 95

Agenda Item No: 9.AGENDA REPORTDATE:April 4, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202358 of the City Council of the City of Fairfield Authorizing the CityManager to Submit a Priority Development Area Grant Application in the Amount of$200,000 in Response to the Metropolitan Transportation Commission’s PriorityDevelopment Area Grant Call for Projects and Authorizing the City Manager to Commitup to $200,000 in Matching Funds in the Form of Staff TimeRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECommunity Development Department staff requests City Council support for an application to theMetropolitan Transportation Commission (MTC) for $200,000 for a Priority Development Area (PDA)Grant to complete Heart of Fairfield Plan implementation activities for the West Texas Street GatewayPDA and Downtown Fairfield PDA.DISCUSSIONThe PDA Program is a voluntary partnership between local governments, MTC, and the Association ofBay Area Governments (ABAG). Through the PDA program, local governments identify areasenvisioned for future housing and job growth that are served by transit. Bay Area cities have nominated218 PDAs since 2007.PDAs facilitate coordinated regional planning for future growth and transportation investment. Inaddition to shaping the location of anticipated growth and major transit investments, PDAs receive adedicated share of funding for local planning and for transportation improvements such as completestreets, bikeways, and parking programs. This is reflected in Plan Bay Area 2050, the region’s currentlongrange land use and transportation plan.Fairfield Background:In June 2007, the City of Fairfield established the West Texas Street GatewayPDA and Downtown Fairfield PDA. The West Texas Street Gateway PDA is centered around theFairfield Transportation Center on Cadenasso Drive, including properties on Auto Mall Parkway andWest Texas Street, where several parcels are identified as suitable for mixeduse development. TheDowntown Fairfield PDA is tied to the SuisunFairfield Train Station and incorporates much ofdowntown between Jackson Street and the Armijo High School. The core of the area is south of TexasStreet proper, including Jefferson Street and the southern end of Union Avenue.In January 2014, the City Council authorized a funding agreement between the City and SolanoTransportation Authority (STA) to fund the preparation of a Specific Plan for the West Texas StreetGateway and the Downtown Fairfield PDAs. This Specific Plan would later be known as the Heart ofFairfield (HOF) Plan. In May 2017, the council adopted the HOF Plan after a robust community participation process thatactively engaged residents, businesses, property owners, developers, neighborhood representatives,elected and appointed officials, and other stakeholders after nearly a threeyear period. The HOF Planarea comprises approximately 513 acres in central Fairfield, currently consisting of residential,commercial, recreational, civic, and industrial uses. The HOF Plan establishes a longterm visionthrough 2040 and beyond for the revitalization of Downtown Fairfield, the West Texas Street corridor,and adjacent areas:The Heart of Fairfield is a social, economic, and cultural center for Fairfield, a distinctdestination that attracts the community through thoughtful design, desired shopping and dining,lively activities, ranges of housing, and convenient access to regional transit. It is the placewhere residents, workers, visitors, tourists, and people from all over Fairfield and the regioncome to meet, gather, thrive, and celebrate community milestones.The HOF Plan envisions up to 1,600 new residential units and up to 140,000 square feet of newcommercial and office space developed in an urban, mixeduse environment. This new developmentwill complement and build upon the existing traditional “street grid” character of Downtown Fairfield andwill transform West Texas Street from its current strip commercial character into a more urban, mixeduse residential and commercial corridor. The HOF Plan guides this growth using design guidelines,prototypes, and public realm and streetscape guidelines.MTC Call for Projects:In December 2022, MTC released a Call for Projects for PDA Planning Grantsopen to local governments with one or more PDAs. To date, these grants have funded more than 80plans and a wide range of technical assistance. This round of funding supports three types of planningactivities:Full Plans that, at a minimum, establish development standards and identify public improvements,informed by community engagement and resulting in an adopted plan, CEQA analysis, and zoning andgeneral plan amendments. (Maximum grant amount: $1,200,000.)Plan Amendments that update an adopted plan to reflect changing community priorities, stateand regional policies, and economic trends. Plan amendments typically involve revising part, butnot all, of a plan, and result in updates to the zoning code and, if applicable, an EIR and generalplan land use designations. (Maximum grant amount: $600,000.) Plan Implementation:Technical Assistance to develop and adopt policies or programs thatfacilitate the implementation of an adopted plan for one or multiple PDAs. (Maximum grantamount: $200,000.)To ensure both local and regional benefits, plans funded through the PDA program must meet minimumrequirements but can do so in a way that addresses community priorities. At a minimum, plans mustinclude development standards, public rights of way standards, and other public spaces; capitalimprovements; a funding strategy; actions to expand equity; any necessary environmental analysis; and updates to zoning and the general plan to achieve consistency with the grantfunded Plan. By receiving funding, grant recipients are committed to ensuring that Plans are consistent with any applicable state and regional laws and policies, such as MTC’s TransitOriented Communities Policy. MTC/ABAG will support City staff in ensuring minimum requirements are met and offer technical resources and best practices.

Fairfield Plan Implementation Grant Request:In coordination with STA, the City is seeking to submit a PDA grant application to MTC for ‘Plan Implementation’ in the amount of $200,000 to facilitate transit oriented development within STA’s Solano Rail Hub project and the City’s Heart of Fairfield Specific Plan. The scope of the Plan Implementation includes: 1) determining the need to rezone identified sites to meet the MTC’s adopted “transitoriented communities” policies; 2) preparing a development strategy for publicly owned sites in the HOF Plan; 3) identifying constraints for development and mitigation strategies; 4) mitigating potential flooding impacts on development sites; 5) consolidating parcels to create larger development sites; 6) creating design concepts to enhance security and walkability; 7) developing and implementing a public engagement process; 8) preparing and issuing a Request for Proposal to select consultants for the project; and 9) providing project management.

FINANCIAL IMPACT
There are no financial impacts directly related to the PDA grant application. However, this action would commit the use of staff time towards the implementation of the project, which would otherwise be dedicated elsewhere. It should be noted that the use of staff for this project would facilitate the council’s goals for Downtown Development.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to deny the proposed resolution; in this case, the PDA grant application could not proceed, and no funding would be received.

STAFF CONTACT
Jonathan Atkinson, Senior Planner
(707) 4287387
[email protected]
COORDINATED WITH
Solano Transportation Authority
ATTACHMENTS:

Description
Proposed Resolution
Solano Rail Hub Residential Cluster Fairfield PDA Grant Scope of Work REVIEWERS:

Reviewer Action Date
Sheehan, Meily Approved 3/22/2023 9:17 PM
Feinstein, David Approved 3/22/2023 10:24 PM
Beavers, Esther Approved 3/23/2023 10:42 AM
Beavers, Esther Approved 3/23/2023 10:43 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-58

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

MANAGER TO SUBMIT A PRIORITY DEVELOPMENT AREA GRANT APPLICATION IN THE AMOUNT OF $200,000 IN RESPONSE TO THE METROPOLITAN TRANSPORTATION COMMISSION’S PRIORITY DEVELOPMENT AREA GRANT CALL FOR PROJECTS AND AUTHORIZING THE CITY MANAGER TO COMMIT UP TO $200,000 IN MATCHING FUNDS IN THE

FORM OF STAFF TIME

WHEREAS, in 2007, the City of Fairfield established Priority Development Areas (PDA), West Texas Street Gateway and Downtown Fairfield; and

WHEREAS, in 2014, the City authorized a funding agreement between the City and Solano Transportation Authority (STA) to fund the preparation of a Specific Plan for the West Texas Street Gateway and the Downtown Fairfield PDAs; and

WHEREAS, in 2017, the City Council adopted the Heart of Fairfield Plan (HOF Plan) after a robust community participation process that actively engaged residents, businesses, property owners, developers, neighborhood representatives, elected and appointed officials, and other stakeholders over an approximately three-year period; and

WHEREAS, on December 1, 2022, the Metropolitan Transportation Commission (MTC) announced a Call for Projects for Priority Development Area Planning Grants, and informed local jurisdictions of a February 15, 2023, deadline for submittals of applications, as well as grant requirements, including compliance with the Transit Oriented Communities Policy; and

WHEREAS, a PDA Grant would fund the implementation of the STA’s Solano Rail Hub Residential Cluster – Fairfield project and the City’s HOF Plan; and

WHEREAS, the implementation of the Solano Rail Hub Residential Cluster – Fairfield and HOF Plan would facilitate transit-oriented development; and
WHEREAS, the city estimates the cost of this effort to be $200,000 of staff time.

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

Section 1. The authorization of the city manager to submit the PDA grant application in the amount of $200,000 to the Metropolitan Transportation Commission, and the authorization of the city manager to commit up to $200,000 in matching funds in the form of staff time.

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RES. NO. 2023-58

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PASSED AND ADOPTED this 4th day of April, 2023, by the following vote:

AYES: MEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK

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Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACHMENT A: Preliminary Scope of Work Template
SCOPE OF WORK Solano Rail Hub Residential Cluster- Fairfield Task 1 – Rezoning of Residential Parcels

INSERT DETAILS OF DISCRETE TASK TO BE ACCOMPLISHED:
 Determine the need to rezone the identified public sites, and other residential properties, to meet the Metropolitan Transportation Commission’s adopted “Transit Oriented Communities” policies for minimum density, and potentially other standards (such as parking standards), for certain parcels.
 Assist staff in the rezoning process.
 Review the general plan land use and housing elements, and other elemen ts and policies to ensure consistency. If not consistent, assist staff in in bringing these elements and policies into compliance.

Task 1 Deliverables:

1.1: Report on need for rezoning, including draft language and findings to meet TOC guidelines.

1.2: Report on any amendments required in general plan elements and/or policies to ensure compliance with the rezoning.

1.3 Assist staff in the rezoning and general plan/policy consistency process.

1.4 Rezoning and general plan consistency completed.

Task 2 – Development Strategy
INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• Prepare a development strategy for publicly owned sites in Fairfield’s downtown area, using the Solano Rail Advanced Planning Study as a base.  Development prototype development pro formas to determine market and financial feasibility for both for-rent and for-sale housing types, including affordable housing, at various densities.

Task 2 Deliverables:

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2.1: Report on the development strategy for publicly owned sites in the Fairfield downtown area.

2.2: Report on market and financial feasibility of for-rent and for-sale housing types, including affordable housing, using development pro formas with detailed assumptions.

Task 3 – Development Constraints
Evaluate potential constraints to the development of the identified publicly owned sites INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
 Identify constraints to the development on the identified publicly owned sites.

Constraints could include infrastructure (water, sewer, utility relocation, flood issue, etc.) as well as regulatory issues (surplus land act, etc.).  Develop strategies to address/mitigate development constraints, including potential funding sources and processes/timelines to address said constraints.

Task 3 Deliverables:

3.1: Report summarizing the development constraints identified for the publicly owned sites.

Constraints could include, but not limited to, infrastructure and regulatory constraints.

3.2: Provide a report on strategies to address and fund the identified constraints. This includes a detailed summary of potential funding sources (grants, loans, etc.) and timelines for funding to mitigate constraints.

Task 4 – Site Development
Recommend a strategy for the development of each of the publicly owned sites INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• Recommend a strategy, given the information from the first three tasks, for each of the publicly owned sites to prepare and promote the development of these sites into residential and mixed-use residential (including affordable housing), including a timeline and implementation steps.

Task 4 Deliverables:

4.1: Provide a report on the recommended strategy to prepare and promote development on each of the publicly owned sites into residential and mixed -use developments, including detailed steps and timelines to implement the recommendations.

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Task 5 – Flooding Impacts
Evaluate flooding potential for both on-site and off-site and identify on-site mitigation and off- site mitigation that can help protect the new development from flooding and help alleviate flooding in the area.

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• Using best practices, and available information and studies, recommend measures to mitigate the impact of flooding on-site of new development.

• Using best practices, and available information and studies, evaluate potential projects that could help mitigate flooding in the study area, and in neighboring adjacent jurisdiction(s).

Task 5 Deliverables:

5.1: Report summarizing potential mitigation measures that can be incorporated into new development on-site to help mitigate the impact of potential flooding.

5.2: Report summarizing potential mitigation measures and projects to help address flooding in the study area and in adjacent jurisdiction(s).

Task 6 – Parcel consolidation
Evaluate strategies to encourage parcel consolidation.

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED
 Using best practices, recommend strategies to encourage parcel consolidation to provide for larger development sites, while preserving affordability among existing residents.

Task 6 Deliverables:

6.1: Provide a report, using best practices on strategies, to encourage parcel con solidation to provide for larger development sites, while preserving affordability among existing residents.

Task 7 – Pedestrian and bicycle connection to the Solano Rail Hub and downtown Fairfield and Suisun City.

The Solano Transportation Authority has developed plans to enhance the connection between Fairfield and Suisun City’s downtown and the Solano Rail Hub. The alternatives involve significant capital expenditures and are a long-term potential solution. This task will evaluate Packet Page 83 of 95Attachment 2 Page 3 of 5

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short-term design concepts that will enhance security and walkability of the existing raised crossing and entrances.

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• Develop short-term design concepts (including lighting, signage, landscaping, etc.) to enhance the security and walkability of the existing raised walkway.

Task 7 Deliverables:

7.1: Report recommending short-term design concepts, with estimated costs, to enhance the security and walkability of the existing raised walkway.

Task 8 – Public Input
Implement a public engagement process to include key stakeholder, public, landowners, non - profit and for-profit developers, and other interested parties to solicit input and report recommendations.

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• Develop and implement a public engagement process to include key stakeholder, public, landowners, non-profit and for-profit developers, and other interested parties to solicit input and report recommendations.

Task 8 Deliverables:

8.1: Provide a summary of the input and recommendations received during the public engagement process.

Task 9 – Project Management

Manage the project from project initiation to project completion, including the selection process for the consultant(s) and on-going project management.

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:

* Prepare and issue a Request for Proposal (RFP) to select consultant(s) for the project.

* Mange selection process of consultant(s).

* Manage the completion of project deliverables on the schedule developed.

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* Provide project management from project initiation through submission of written report(s) at project completion.

Task 9 Deliverables:

9.1: Development and issuance of an RFP.

9.2: Selection and completion of contract with consultant(s).

9.3: Project deliverables completed per the schedule.

9.4: Coordinate presentation and completed written report.

Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACHMENT A: Preliminary Scope of Work Template

PRELIMINARY SCHEDULE & BUDGET

ESTIMATED BUDGET
Task 1 $ 45,000
Task 2 $ 70,000
Task 3 $ 25,000
Task 4 $ 5,000
Task 5 $ 20,000
Task 6 $ 3,000
Task 7 $ 10,000
Task 8 $ 7,000
Task 9 $ 15,000

DELIVERABLE

ESTIMATED DATE OF COMPLETION
Task 1 7 to 9 months
Task 2 7 to 9 months
Task 3 5 to 6 months
Task 4 10 to 11 months
Task 5 6 to 7 months
Task 6 8 to 9 months
Task 7 10 to 12 months
Task 8 1 to 14 months
Task 9 1 to 14 months

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Agenda Item No: 10.

AGENDA REPORT
DATE:April 4, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202359A of the City Council of the City of Fairfield Ratifying the City Manager's Proclamation of Existence of a Local Emergency RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On March 31, 2023, in response to a hillside slope failure along Lopes Road the city manager issued a Proclamation of Existence of a Local Emergency pursuant to Government Code Section 8630 and Fairfield City Code Section 6.6(a)(1). This proclamation will expire within seven days after its issuance unless ratified and approved by the City Council. The proposed resolution has been prepared for council approval.

DISCUSSION
The city manager is requesting that council find that conditions caused by severe hillside slope failure along Lopes Road as a result of storm event flooding and stormwater runoff are of extreme peril to the safety of persons and property. The affected section of Lopes Road between Gold Hill Road and Marshview Drive was closed to traffic on March 21, 2023. The hillside continued to worsen, eventually rupturing the City of Benicia's water line, one of their primary drinking water sources. The pipeline is currently out of service.

Multiple agencies and organizations, including the Cities of Benicia and Fairfield, Solano County, Caltrans, and CalOES, convened on March 30, 2023 to determine phases of temporary repairs to bring Benicia's pipeline back into service. The portion of Lopes Road will continue to remain closed until further notice.

The city will continue to coordinate with all affected parties and are in the process of setting up an incident command structure with the City of Benicia.

FINANCIAL IMPACT
This action does not in itself commit the expenditure of any City funds. In the event that the City incurs Packet Page 86 of 95

Agenda Item No: 10.AGENDA REPORTDATE:April 4, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202359A of the City Council of the City of Fairfield Ratifying the CityManager's Proclamation of Existence of a Local EmergencyRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEOn March 31, 2023, in response to a hillside slope failure along Lopes Road the city manager issued aProclamation of Existence of a Local Emergency pursuant to Government Code Section 8630 andFairfield City Code Section 6.6(a)(1). This proclamation will expire within seven days after its issuanceunless ratified and approved by the City Council. The proposed resolution has been prepared forcouncil approval.DISCUSSIONThe city manager is requesting that council find that conditions caused by severe hillside slope failurealong Lopes Road as a result of storm event flooding and stormwater runoff are of extreme peril to thesafety of persons and property. The affected section of Lopes Road between Gold Hill Road andMarshview Drive was closed to traffic on March 21, 2023. The hillside continued to worsen, eventuallyrupturing the City of Benicia's water line, one of their primary drinking water sources. The pipeline iscurrently out of service. Multiple agencies and organizations, including the Cities of Benicia and Fairfield, Solano County,Caltrans, and CalOES, convened on March 30, 2023 to determine phases of temporary repairs tobring Benicia's pipeline back into service. The portion of Lopes Road will continue to remain closeduntil further notice.The city will continue to coordinate with all affected parties and are in the process of setting up anincident command structure with the City of Benicia.

FINANCIAL IMPACT
This action does not in itself commit the expenditure of any City funds. In the event that the City incurs costs in addressing the Lopes Road hillside slope failure emergency, the City will seek the reimbursement of all qualifying funds from the state and federal government.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to ratify the city manager’s local emergency proclamation. This action would terminate the local emergency proclamation issued by the city manager and possibly limit the City’s ability to adequately respond to the Lopes Road hillside slope failure emergency.

STAFF CONTACT
David Gassaway, City Manager
(707) 4287400
[email protected]
COORDINATED WITH
Public Works Department
ATTACHMENTS:

Description
Proposed Resolution
Exhibit A: Proclamation of a Local Emergency
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 3/31/2023 5:26 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-59A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD RATIFYING THE CITY

MANAGER'S PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY

WHEREAS, Government Code Section 8630 and Section 6.6(a)(1) of the Fairfield Municipal Code of the City of Fairfield empowers the City Manager, as Director of Emergency Services, to proclaim the existence of a local emergency as defined by Government Code Section 8558, subdivision (c) when the City Council is not available to act; and

WHEREAS, conditions of extreme peril to the safety of persons and property have arisen in the City of Fairfield, said conditions caused by severe hillside slope failure along Lopes Road caused by storm event flooding and stormwater runoff which damaged roadways, pipelines, and other structures; and

WHEREAS, conditions of extreme peril to the safety of persons and property have arisen in the City of Fairfield; and

WHEREAS, said conditions were caused by severe hillside slope failure along Interstate 680, caused by storm event flooding and stormwater runoff which damaged roadways, pipelines, and other structures; and

WHEREAS, the severe hillside slope failure may have caused other damage to underground infrastructure unknown at this time for which emergency actions are necessary; and

WHEREAS, such condition of extreme peril to the safety of persons and property began occurring on March 28, 2023.

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

Section 1. The council ratifies and confirms the Proclamation of Existence of a Local Emergency, as issued by the city manager on March 31, 2023, and attached at “Exhibit A.”

Section 2. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the council.

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RES. NO. 2023-59

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PASSED AND ADOPTED this 4th day of April, 2023, by the following vote:

AYES: MEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________ _____________________________________________ MAYOR

ATTEST:

____________________________

CITY CLERK

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Agenda Item No: 11.

AGENDA REPORT
DATE:April 4, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
First Reading and Introduction of Ordinance 202308 of the City Council of the City of Fairfield Amending Section 25(E) of Chapter 10E of the Municipal Code, also Known as Commercial Cannabis Businesses, to Allow Curbside Delivery at Licensed Storefront Cannabis Retailers
RECOMMENDED ACTION
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.

STATEMENT OF ISSUE
The proposed ordinance would amend the City’s cannabis regulations to allow curbside delivery on the premises of licensed cannabis retailers in the city. The amendment is proposed to implement a recent change in state regulations that eliminated the prohibition of curbside delivery.

DISCUSSION
In 2020, the City adopted Chapter 10E of the Municipal Code, establishing local regulations for the manufacture and retail sale of cannabis products. The regulations identify the number of allowed manufacturers and retailers, criteria for allowable locations, and a framework for issuing permits to cannabis businesses. The regulations include specific rules for “storefront” cannabis businesses – those that operate out of a physical store that customers can visit.

Consistent with state regulations in effect at the time, the City’s cannabis regulations for storefront businesses prohibit the sale or delivery of cannabis products to customers in motor vehicles. All customers, therefore, must enter the store to obtain cannabis products. During the COVID19 pandemic, state rules were temporarily suspended, allowing for curbside delivery. The suspension allowed customers to park outside the store and have their cannabis purchases brought to them in their vehicle.

In 2022, the state’s Department of Cannabis Control (DCC) reviewed the rule prohibiting delivery to customers in their cars parked outside a store. DCC determined that such delivery had not caused any problems and that revisions to the state regulations were appropriate. DCC then modified its Packet Page 91 of 95

Division 19 modifications added section 15402 (d), which reads:
“A licensed retailer or licensed microbusiness authorized to engage in storefront sales at their licensed premises may conduct sales through curbside delivery. Cannabis goods that have been purchased by a customer may be delivered to the customer in a vehicle parked immediately outside the licensed retail premises. Curbside delivery of cannabis goods must occur under video surveillance and meet the requirements of section 15044, subsection (e) for recording pointof sale areas. Retail employees engaging in curbside delivery must verify each customer’s age pursuant to subsection (a). Licensed retailers who are only authorized to engage in retail sales through delivery shall not conduct sales through curbside delivery.” City staff has prepared an amendment to chapter 10E to mirror the state’s allowance of curbside delivery. The proposed amendment adds the underlined clause at the end of 10E, Section 25(e)(2), allowing curbside delivery as follows:
10E.25(e)(2): Retailers shall not operate a drivein or drivethrough. Cannabis goods shall not be sold and/or delivered to any persons within a motor vehicle, except for curbside delivery in a manner consistent with California Department of Cannabis Control regulations.

As existing state prohibitions on drivein and drivethrough operations remain in effect, this portion of 10E.25(e)(2) would remain unchanged. Curbside pickup would be authorized at Fairfield retail cannabis stores in a manner consistent with the changes in state law described above.

Environmental Review:This Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15060(c)(3), because it is not a “project” as defined by the Section 15378. Adoption of the Ordinance does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Subsequent projects subject to the Ordinance will require a discretionary permit and CEQA review and will be analyzed at the appropriate time in accordance with CEQA. The City Council further finds that, if the Ordinance is considered a “project,” it is exempt from review under CEQA Guidelines Section 15061(b)(1), which exempts a project from CEQA if the project is exempt by statute.

Business and Professions Code Section 26055(h) provides that Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity. Pursuant to that exemption, Chapter 10E of the Fairfield Municipal Code provides that a commercial cannabis business issued a commercial cannabis business permit must obtain all necessary land use approvals, including compliance with CEQA.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A public hearing notice was published in the Daily Republic newspaper on Friday, March 24, 2023.

No advisory body made a recommendation on this item.

One of the cannabis retailers spoke during public comment at the March 7, 2023, City Council meeting advocating for the change proposed with this item.

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Agenda Item No: 11.AGENDA REPORTDATE:April 4, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; and First Reading and Introduction of Ordinance 202308 of the City Council of the City ofFairfield Amending Section 25(E) of Chapter 10E of the Municipal Code, also Knownas Commercial Cannabis Businesses, to Allow Curbside Delivery at LicensedStorefront Cannabis RetailersRECOMMENDED ACTIONHold public hearing; waive full reading, read by title only and introduce ordinance for first reading.STATEMENT OF ISSUEThe proposed ordinance would amend the City’s cannabis regulations to allow curbside delivery on thepremises of licensed cannabis retailers in the city. The amendment is proposed to implement a recentchange in state regulations that eliminated the prohibition of curbside delivery.DISCUSSIONIn 2020, the City adopted Chapter 10E of the Municipal Code, establishing local regulations for themanufacture and retail sale of cannabis products. The regulations identify the number of allowedmanufacturers and retailers, criteria for allowable locations, and a framework for issuing permits tocannabis businesses. The regulations include specific rules for “storefront” cannabis businesses –those that operate out of a physical store that customers can visit.Consistent with state regulations in effect at the time, the City’s cannabis regulations for storefrontbusinesses prohibit the sale or delivery of cannabis products to customers in motor vehicles. Allcustomers, therefore, must enter the store to obtain cannabis products. During the COVID19pandemic, state rules were temporarily suspended, allowing for curbside delivery. The suspensionallowed customers to park outside the store and have their cannabis purchases brought to them in theirvehicle. In 2022, the state’s Department of Cannabis Control (DCC) reviewed the rule prohibiting delivery tocustomers in their cars parked outside a store. DCC determined that such delivery had not caused anyproblems and that revisions to the state regulations were appropriate. DCC then modified itsregulations – Title 4, Division 19 of the California Code of Regulations – to allow curbside delivery.Division 19 modifications added section 15402 (d), which reads:“A licensed retailer or licensed microbusiness authorized to engage in storefront sales at theirlicensed premises may conduct sales through curbside delivery. Cannabis goods that have beenpurchased by a customer may be delivered to the customer in a vehicle parked immediatelyoutside the licensed retail premises. Curbside delivery of cannabis goods must occur under videosurveillance and meet the requirements of section 15044, subsection (e) for recording pointofsale areas. Retail employees engaging in curbside delivery must verify each customer’s agepursuant to subsection (a). Licensed retailers who are only authorized to engage in retail salesthrough delivery shall not conduct sales through curbside delivery.”City staff has prepared an amendment to chapter 10E to mirror the state’s allowance of curbsidedelivery. The proposed amendment adds the underlined clause at the end of 10E, Section 25(e)(2),allowing curbside delivery as follows:10E.25(e)(2): Retailers shall not operate a drivein or drivethrough. Cannabis goods shall not besold and/or delivered to any persons within a motor vehicle, except for curbside delivery in amanner consistent with California Department of Cannabis Control regulations.As existing state prohibitions on drivein and drivethrough operations remain in effect, this portion of10E.25(e)(2) would remain unchanged. Curbside pickup would be authorized at Fairfield retailcannabis stores in a manner consistent with the changes in state law described above. Environmental Review:This Ordinance is not subject to the California Environmental Quality Act(CEQA) pursuant to the CEQA Guidelines Section 15060(c)(3), because it is not a “project” as definedby the Section 15378. Adoption of the Ordinance does not have the potential for resulting in either adirect physical change in the environment or a reasonably foreseeable indirect physical change in theenvironment. Subsequent projects subject to the Ordinance will require a discretionary permit andCEQA review and will be analyzed at the appropriate time in accordance with CEQA. The City Councilfurther finds that, if the Ordinance is considered a “project,” it is exempt from review under CEQAGuidelines Section 15061(b)(1), which exempts a project from CEQA if the project is exempt by statute.Business and Professions Code Section 26055(h) provides that Division 13 (commencing with Section21000) of the Public Resources Code does not apply to the adoption of an ordinance, rule, orregulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, orother authorizations to engage in commercial cannabis activity. Pursuant to that exemption, Chapter10E of the Fairfield Municipal Code provides that a commercial cannabis business issued acommercial cannabis business permit must obtain all necessary land use approvals, includingcompliance with CEQA.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONA public hearing notice was published in the Daily Republic newspaper on Friday, March 24, 2023. No advisory body made a recommendation on this item. One of the cannabis retailers spoke during public comment at the March 7, 2023, City Council meetingadvocating for the change proposed with this item.

ALTERNATIVE ACTION
The council may choose not to adopt the proposed ordinance. Should the ordinance not pass, the existing prohibition on curbside delivery would remain in place.

The council may also choose not to adopt the proposed ordinance as is and provide direction to staff to make alternative amendments.

STAFF CONTACT
David Feinstein, Interim Community Development Director (707) 4287448
[email protected]
COORDINATED WITH
City Attorney's Office, Police Department
ATTACHMENTS:

Description
Proposed Ordinance
REVIEWERS:

Reviewer Action Date
Feinstein, David Approved 3/20/2023 10:07 PM
Beavers, Esther Approved 3/21/2023 10:45 AM
Beavers, Esther Approved 3/21/2023 10:48 AM
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CITY OF FAIRFIELD

ORDINANCE NO. 2023-08

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING SECTION 25(E) OF CHAPTER 10E OF THE MUNICIPAL CODE, ALSO KNOWN AS COMMERCIAL CANNABIS

BUSINESSES, TO ALLOW CURBSIDE DELIVERY AT LICENSED STOREFRONT CANNABIS RETAILERS

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

SECTION 1. Statement of Intent

A. In 2020, the City of Fairfield adopted regulations for Commercial Cannabis Businesses, codified as Chapter 10E of the Fairfield Municipal Code. Regulations were adopted to enforce rules and regulations consistent with State law.

B. Consistent with regulations established by the California Department of Cannabis Control (DCC), the City’s regulations prohibit cannabis sale or delivery to any persons in a motor vehicle.

C. In 2022, DCC adopted revised regulations, allowing for the delivery of cannabis goods that have been purchased to customers in a vehicle parked immediately outside the licensed premises.

D. The proposed amendment to City regulations is intended to allow curbside delivery in a manner consistent with revised DCC regulations.

SECTION 2. Chapter 10E, Section 25(e)(2) is hereby amended as follows:

(New text shown in underline)

10E.25(e) Retailers shall only serve customers who are within the licensed premises, or at a delivery address that meets the requirements of this section.

(1) Sale or delivery of cannabis goods through a pass-through window or a slide- out tray to the exterior of the premises is prohibited. (2) Retailers shall not operate a drive-in or drive-through. Cannabis goods shall not be sold and/or delivered to any persons within a motor vehicle, except for curbside delivery in a manner consistent with California Department of Cannabis Control regulations.

SECTION 3. California Environmental Quality Act (CEQA). The council finds that this ordinance is not subject to the CEQA pursuant to Guidelines Section 15060(c)(3) because it is not a “project” Packet Page 94 of 95Attachment 1 Page 1 of 2

ORD. NO. 2023-08

Page 2 ends

as defined by Section 15378. Adoption of the Ordinance does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirec t physical change in the environment. Subsequent projects subject to the Ordinance will require a discretionary permit and CEQA review and will be analyzed at the appropriate time in accordance with CEQA. The council further finds that, if the Ordinance is considered a “project,” it is exempt from review under CEQA Guidelines Section 15061(b)(1), which exempts a project from CEQA if the project is exempt by statute. Business and Professions Code Section 26055(h) provides that Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity. Pursuant to that exemption, Chapter 10E of the Fairfield Municipal Code provides commercial cannabis businesses issued a commercial cannabis business permit must obtain all necessary land use approvals, including compliance with CEQA.

SECTION 4. This Ordinance shall be effective 30 days following its adoption by the council. A summary of this Ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with t he names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 4th day of April, 2023, and

PASSED AND ADOPTED this ___ day of _________________, 2023, by the following vote:

AYES: Councilmembers: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

_________________________

CITY CLERK
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Fairfield City CouncilApril 4, 2023

Fairfield City Council
April 4, 2023