CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL
REGULAR MEETING
TUESDAY, SEPTEMBER 5, 2023; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,
CA 94533 OR VIA ZOOM
AGENDA
Notice to Public
The City of Fairfield is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, realtime captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (707) 428 7400.
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 Karen Freeman, Grace Episcopal Church PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
Packet Page 1 of 197
CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR MEETINGTUESDAY, SEPTEMBER 5, 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 Karen Freeman, Grace Episcopal ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORT CITY ATTORNEY REPORT
CITY CLERK REPORT
PRESENTATIONS
1.Recognition of Delanda "Dee" Buchanan Presented By Mayor Catherine "Cat" Moy Contact:Karen Rees, (707) 428 7767
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.
2.Resolution 2023222 of the City Council of the City of Fairfield Approving Payment Agreement for the Purchase of Cybersecurity Hardware and Software from ePlus Inc.
Recommended Action
Adopt Resolution.
Funding Source
$590,000; Computer Fund
Contact:Savita Chaudhary, (707) 4287582
a
3.Resolution 2023223 of the City Council of the City of Fairfield Approving Additional Transfer of Funds from Community Facilities District (CFD) No. 2 to the Solano Land Trust and Authorizing an Update to the Fiscal Year 20232024 Budget
Recommended Action
Adopt resolution.
Funding Source
$439,058; Community Facilities District No. 2
Contact:Ashley Doyle, (707) 4287596
a
4.Resolution 2023224 of the City Council of the City of Fairfield Accepting the North Bay Regional Water Treatment Plant Chiller Replacement for OZone Generator Project as Complete
Recommended Action
Adopt resolution.
Funding Source
N/A
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR MEETINGTUESDAY, SEPTEMBER 5, 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 Karen Freeman, Grace Episcopal ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Recognition of Delanda "Dee" Buchanan Presented By Mayor Catherine "Cat" MoyContact: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.2.Resolution 2023222 of the City Council of the City of Fairfield Approving Payment Agreementfor the Purchase of Cybersecurity Hardware and Software from ePlus Inc.Recommended ActionAdopt Resolution.Funding Source$590,000; Computer FundContact:Savita Chaudhary, (707) 4287582a3.Resolution 2023223 of the City Council of the City of Fairfield Approving Additional Transfer ofFunds from Community Facilities District (CFD) No. 2 to the Solano Land Trust and Authorizingan Update to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding Source$439,058; Community Facilities District No. 2Contact:Ashley Doyle, (707) 4287596a4.Resolution 2023224 of the City Council of the City of Fairfield Accepting the North BayRegional Water Treatment Plant Chiller Replacement for OZone Generator Project asCompleteRecommended ActionAdopt resolution.
Funding Source
N/A
Contact:Roger Dunham, (707) 4287478
a
5.Resolution 2023225 of the City Council of the City of Fairfield Rejecting the Sole Bid for the Cadenasso Drive Pavement Reconstruction Project Federal Aid Project No. STPL 5132(055) Recommended Action
Adopt resolution.
Funding Source
N/A
Contact:Phil Layoso, (707) 4287505
a
6.Resolution 2023226 of the City Council of the City of Fairfield Approving a Contractor Service Agreement with TerraCare Associates for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District No. 202311 (Paradise Valley) Recommended Action
Adopt resolution.
Funding Source
$822,027; Lighting Maintenance District No. 202311 (Paradise Valley) Fund Contact:Chris Lewis, (707) 4287089
a
7.Resolution 2023227 of the City Council of the City of Fairfield Authorizing a Transfer from the General Fund to Landscaping and Lighting Maintenance Districts No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 12 – Downtown Business District, and No. 13 – North Cordelia to Subsidize Fiscal Year 20232024 City Staff Costs
Recommended Action
Adopt resolution.
Funding Source
$357,792; General Fund
Contact:Chris Lewis, (707) 4287089
a
8.Resolution 2023228 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement and NonDisclosure Agreement with TerraVerde Energy LLC for the Management of a Solar Power Purchase Agreement DesignBuild Project for the Waterman Water Treatment Plant
Recommended Action
Adopt resolution.
Funding Source
$260,383; Water Utility Capital Fund
Contact:Michael J. Hether, (707) 4287493
a
9.Resolution 2023229 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase Specialized Valves for the Waterman Water Treatment Plant from Frank Olsen Company
Recommended Action
Adopt resolution.
Funding Source
$199,183; Water Utility Capital Fund
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR MEETINGTUESDAY, SEPTEMBER 5, 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 Karen Freeman, Grace Episcopal ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Recognition of Delanda "Dee" Buchanan Presented By Mayor Catherine "Cat" MoyContact: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.2.Resolution 2023222 of the City Council of the City of Fairfield Approving Payment Agreementfor the Purchase of Cybersecurity Hardware and Software from ePlus Inc.Recommended ActionAdopt Resolution.Funding Source$590,000; Computer FundContact:Savita Chaudhary, (707) 4287582a3.Resolution 2023223 of the City Council of the City of Fairfield Approving Additional Transfer ofFunds from Community Facilities District (CFD) No. 2 to the Solano Land Trust and Authorizingan Update to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding Source$439,058; Community Facilities District No. 2Contact:Ashley Doyle, (707) 4287596a4.Resolution 2023224 of the City Council of the City of Fairfield Accepting the North BayRegional Water Treatment Plant Chiller Replacement for OZone Generator Project asCompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a5.Resolution 2023225 of the City Council of the City of Fairfield Rejecting the Sole Bid for theCadenasso Drive Pavement Reconstruction Project Federal Aid Project No. STPL 5132(055)Recommended ActionAdopt resolution.Funding SourceN/AContact:Phil Layoso, (707) 4287505a6.Resolution 2023226 of the City Council of the City of Fairfield Approving a Contractor ServiceAgreement with TerraCare Associates for Landscape Maintenance Services in theLandscaping and Lighting Maintenance District No. 202311 (Paradise Valley)Recommended ActionAdopt resolution.Funding Source$822,027; Lighting Maintenance District No. 202311 (Paradise Valley) FundContact:Chris Lewis, (707) 4287089a7.Resolution 2023227 of the City Council of the City of Fairfield Authorizing a Transfer from theGeneral Fund to Landscaping and Lighting Maintenance Districts No. 3 – Waterman Highlands,No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 12 –Downtown Business District, and No. 13 – North Cordelia to Subsidize Fiscal Year 20232024City Staff CostsRecommended ActionAdopt resolution.Funding Source$357,792; General FundContact:Chris Lewis, (707) 4287089a8.Resolution 2023228 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Professional Services Agreement and NonDisclosure Agreement with TerraVerdeEnergy LLC for the Management of a Solar Power Purchase Agreement DesignBuild Projectfor the Waterman Water Treatment PlantRecommended ActionAdopt resolution.Funding Source$260,383; Water Utility Capital FundContact:Michael J. Hether, (707) 4287493a9.Resolution 2023229 of the City Council of the City of Fairfield Suspending Competitive Biddingand Authorizing the City Manager to Purchase Specialized Valves for the Waterman WaterTreatment Plant from Frank Olsen CompanyRecommended ActionAdopt resolution.
Funding Source
$199,183; Water Utility Capital Fund
Contact:Michael J. Hether, (707) 4287493
a
10.Resolution 2023230 of the City Council of the City of Fairfield Approving the Final Map and Authorizing Execution of the Subdivision Improvement Agreement for the Brighton Place Subdivision
Recommended Action
Adopt resolution.
Funding Source
N/A
Contact:Alvin Lei, (707) 4287476
a
11.Resolution 2023231 of the City Council of the City of Fairfield Approving a Service Agreement with Joe A. Gonsalves & Son for Legislative Advocacy Services Related to State Legislative and Governmental Affairs
Recommended Action
Adopt resolution.
Funding Source
$ 126,000; General Fund (Drainage Maintenance Fund, Street Capital Projects Fund, Sewer Mains Capital Project Fund, and Municipal Water Utility Fund) Contact:Anna Guiles, (707) 4287399
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NEW BUSINESS
12.Landscape Oversight Committee Appointment Discussion Recommended Action
Receive report, open discussion, and provide direction to staff.
Funding Source
N/A
Contact:David Gassaway, (707) 4287400
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13.Resolution 2023232 of the City Council of the City of Fairfield Allowing the City of Fairfield to Hire Lynette Syme as a PartTime Senior Transportation Technician Retired Annuitant Without a SixMonth Break in Service
Recommended Action
Adopt resolution.
Funding Source
$50,000; Transportation Enterprise Fund
Contact:Farbod Pirouzmand, (707) 4287397
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PUBLIC HEARINGS
14.Public Hearing; and
Resolution 2023233 of the City Council of the City of Fairfield Adopting Fare Structure Changes for FAST Connect
Recommended Action
Hold a public hearing and adopt resolution.
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR MEETINGTUESDAY, SEPTEMBER 5, 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 Karen Freeman, Grace Episcopal ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Recognition of Delanda "Dee" Buchanan Presented By Mayor Catherine "Cat" MoyContact: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.2.Resolution 2023222 of the City Council of the City of Fairfield Approving Payment Agreementfor the Purchase of Cybersecurity Hardware and Software from ePlus Inc.Recommended ActionAdopt Resolution.Funding Source$590,000; Computer FundContact:Savita Chaudhary, (707) 4287582a3.Resolution 2023223 of the City Council of the City of Fairfield Approving Additional Transfer ofFunds from Community Facilities District (CFD) No. 2 to the Solano Land Trust and Authorizingan Update to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding Source$439,058; Community Facilities District No. 2Contact:Ashley Doyle, (707) 4287596a4.Resolution 2023224 of the City Council of the City of Fairfield Accepting the North BayRegional Water Treatment Plant Chiller Replacement for OZone Generator Project asCompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a5.Resolution 2023225 of the City Council of the City of Fairfield Rejecting the Sole Bid for theCadenasso Drive Pavement Reconstruction Project Federal Aid Project No. STPL 5132(055)Recommended ActionAdopt resolution.Funding SourceN/AContact:Phil Layoso, (707) 4287505a6.Resolution 2023226 of the City Council of the City of Fairfield Approving a Contractor ServiceAgreement with TerraCare Associates for Landscape Maintenance Services in theLandscaping and Lighting Maintenance District No. 202311 (Paradise Valley)Recommended ActionAdopt resolution.Funding Source$822,027; Lighting Maintenance District No. 202311 (Paradise Valley) FundContact:Chris Lewis, (707) 4287089a7.Resolution 2023227 of the City Council of the City of Fairfield Authorizing a Transfer from theGeneral Fund to Landscaping and Lighting Maintenance Districts No. 3 – Waterman Highlands,No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 12 –Downtown Business District, and No. 13 – North Cordelia to Subsidize Fiscal Year 20232024City Staff CostsRecommended ActionAdopt resolution.Funding Source$357,792; General FundContact:Chris Lewis, (707) 4287089a8.Resolution 2023228 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Professional Services Agreement and NonDisclosure Agreement with TerraVerdeEnergy LLC for the Management of a Solar Power Purchase Agreement DesignBuild Projectfor the Waterman Water Treatment PlantRecommended ActionAdopt resolution.Funding Source$260,383; Water Utility Capital FundContact:Michael J. Hether, (707) 4287493a9.Resolution 2023229 of the City Council of the City of Fairfield Suspending Competitive Biddingand Authorizing the City Manager to Purchase Specialized Valves for the Waterman WaterTreatment Plant from Frank Olsen CompanyRecommended ActionAdopt resolution.Funding Source$199,183; Water Utility Capital FundContact:Michael J. Hether, (707) 4287493a10.Resolution 2023230 of the City Council of the City of Fairfield Approving the Final Map andAuthorizing Execution of the Subdivision Improvement Agreement for the Brighton PlaceSubdivisionRecommended ActionAdopt resolution.Funding SourceN/AContact:Alvin Lei, (707) 4287476a11.Resolution 2023231 of the City Council of the City of Fairfield Approving a Service Agreementwith Joe A. Gonsalves & Son for Legislative Advocacy Services Related to State Legislativeand Governmental AffairsRecommended ActionAdopt resolution.Funding Source$ 126,000; General Fund (Drainage Maintenance Fund, Street Capital Projects Fund, SewerMains Capital Project Fund, and Municipal Water Utility Fund)Contact:Anna Guiles, (707) 4287399aNEW BUSINESS12.Landscape Oversight Committee Appointment DiscussionRecommended ActionReceive report, open discussion, and provide direction to staff.Funding SourceN/AContact:David Gassaway, (707) 4287400a13.Resolution 2023232 of the City Council of the City of Fairfield Allowing the City of Fairfield toHire Lynette Syme as a PartTime Senior Transportation Technician Retired Annuitant Without aSixMonth Break in ServiceRecommended ActionAdopt resolution.Funding Source$50,000; Transportation Enterprise FundContact:Farbod Pirouzmand, (707) 4287397aPUBLIC HEARINGS14.Public Hearing; and Resolution 2023233 of the City Council of the City of Fairfield Adopting Fare StructureChanges for FAST Connect Recommended Action
Hold a public hearing and adopt resolution.
Funding Source
N/A
Contact:Diane Feinstein, (707) 4343808
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15.Public Hearing and;
First Reading and Introduction of Ordinance 202311 of the City Council of the City of Fairfield Establishing a Safe Parking Program, Permit Process, and Adopting Operational Standards Recommended Action
Adopt resolution, waive full reading, read by title only, and introduce ordinance for first reading.
Funding Source
N/A
Contact:April Cobb, (707) 4287609
a
ADJOURN TO TUESDAY, SEPTEMBER 19, 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 Tuesday, August 29, 2023.
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Agenda Item No: 2.
AGENDA REPORT
DATE:September 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023222 of the City Council of the City of Fairfield Approving Payment Agreement for the Purchase of Cybersecurity Hardware and Software from ePlus Inc.
RECOMMENDED ACTION
Adopt Resolution.
STATEMENT OF ISSUE
The City has deployed more network connected devices including computers, servers, Internet of Things (IoT), and vendor managed systems. The Information Technology (IT) Department proposes to purchase cybersecurity hardware and software to increase the protection capacity of the current system.
DISCUSSION
The City of Fairfield utilizes cybersecurity hardware and software to protect computer systems and connected devices. The current solution is near capacity and has not been expanded since its installation four years ago.
The City has standardized the cybersecurity infrastructure and has benefited from 99.99% uptime, stability, and ease of administration since 2019. The City seeks to add capacity to the existing cybersecurity infrastructure from reseller ePlus.
Some of the expected benefits of the proposed solution are:
Additional network processing capacity, with room for future growth Expand security capabilities of existing cybersecurity investments Demonstrate compliance with applicable data protection, Payment Card Industry (PCI), and other regulations
The proposed payment agreement and quote for purchase includes five years of software subscriptions and support. ePlus has deeply discounted the cost below National Association of State Procurement Officials (NASPO) contract prices and has been a preferred technology reseller for over 20 years.
The project aligns with the Zero Trust Initiative to harden security posture as identified in the City's Packet Page 6 of 197
Agenda Item No: 2.AGENDA REPORTDATE:September 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023222 of the City Council of the City of Fairfield Approving PaymentAgreement for the Purchase of Cybersecurity Hardware and Software from ePlus Inc.RECOMMENDED ACTIONAdopt Resolution.STATEMENT OF ISSUEThe City has deployed more network connected devices including computers, servers, Internet ofThings (IoT), and vendor managed systems. The Information Technology (IT) Department proposes topurchase cybersecurity hardware and software to increase the protection capacity of the currentsystem.DISCUSSIONThe City of Fairfield utilizes cybersecurity hardware and software to protect computer systems andconnected devices. The current solution is near capacity and has not been expanded since itsinstallation four years ago. The City has standardized the cybersecurity infrastructure and has benefited from 99.99% uptime,stability, and ease of administration since 2019. The City seeks to add capacity to the existingcybersecurity infrastructure from reseller ePlus. Some of the expected benefits of the proposed solution are: Additional network processing capacity, with room for future growthExpand security capabilities of existing cybersecurity investmentsDemonstrate compliance with applicable data protection, Payment Card Industry (PCI), and otherregulationsThe proposed payment agreement and quote for purchase includes five years of software subscriptionsand support. ePlus has deeply discounted the cost below National Association of State Procurement Officials (NASPO) contract prices and has been a preferred technology reseller for over 20 years.
The project aligns with the Zero Trust Initiative to harden security posture as identified in the City's Cyber Resilience Plan.
FINANCIAL IMPACT
The proposed amount for hardware and software costs is $572,536.40 plus $6,526.91 in taxes, plus $10,936.69 in contingency over the fiveyear term with annual payments.
Year 1: $176,645.47 + $6,526.91 taxes
Year 2: $98,972.73
Year 3: $98,972.73
Year 4: $98,972.73
Year 5: $98,972.73
Contingency over five years: $10,936.69 to cover any modules There are funds available in the amount of $270,000 in the Computer Fund 522 Project: CITNETW001.
The total nottoexceed amount for this proposed purchase of cybersecurity hardware, software subscriptions, and support is $590,000 ($579,063.31 contract + $10,936.69 contingency). This includes five years of annual software subscriptions, hardware warranty and support. Negotiating a five year payment agreement prevents yeartoyear cost increases and gives the City a $260,000 discount over five years, compared to renewing one year at a time. It is anticipated that renewal of ongoing hardware and software will be needed for up to one additional fiveyear term subject to budget appropriation.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose not to approve this purchase. However, the City would not meet its Zero Trust Initiative to harden security posture as identified in the Cyber Resilience Plan. The City's computer network may also experience increased latency and delays. All departments connect to the City's computer network.
STAFF CONTACT
Eudora Fleischman, IT Manager
(707) 4287527
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Proposed Resolution
Proposed Agreement
REVIEWERS:
Reviewer Action Date
Chaudhary, Savita Approved 8/21/2023 8:18 PM
Beavers, Esther Approved 8/21/2023 8:21 PM
Beavers, Esther Approved 8/21/2023 8:22 PM
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Agenda Item No: 2.AGENDA REPORTDATE:September 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023222 of the City Council of the City of Fairfield Approving PaymentAgreement for the Purchase of Cybersecurity Hardware and Software from ePlus Inc.RECOMMENDED ACTIONAdopt Resolution.STATEMENT OF ISSUEThe City has deployed more network connected devices including computers, servers, Internet ofThings (IoT), and vendor managed systems. The Information Technology (IT) Department proposes topurchase cybersecurity hardware and software to increase the protection capacity of the currentsystem.DISCUSSIONThe City of Fairfield utilizes cybersecurity hardware and software to protect computer systems andconnected devices. The current solution is near capacity and has not been expanded since itsinstallation four years ago. The City has standardized the cybersecurity infrastructure and has benefited from 99.99% uptime,stability, and ease of administration since 2019. The City seeks to add capacity to the existingcybersecurity infrastructure from reseller ePlus. Some of the expected benefits of the proposed solution are: Additional network processing capacity, with room for future growthExpand security capabilities of existing cybersecurity investmentsDemonstrate compliance with applicable data protection, Payment Card Industry (PCI), and otherregulationsThe proposed payment agreement and quote for purchase includes five years of software subscriptionsand support. ePlus has deeply discounted the cost below National Association of State ProcurementOfficials (NASPO) contract prices and has been a preferred technology reseller for over 20 years. The project aligns with the Zero Trust Initiative to harden security posture as identified in the City'sCyber Resilience Plan.FINANCIAL IMPACTThe proposed amount for hardware and software costs is $572,536.40 plus $6,526.91 in taxes, plus$10,936.69 in contingency over the fiveyear term with annual payments.Year 1: $176,645.47 + $6,526.91 taxesYear 2: $98,972.73Year 3: $98,972.73Year 4: $98,972.73Year 5: $98,972.73Contingency over five years: $10,936.69 to cover any modulesThere are funds available in the amount of $270,000 in the Computer Fund 522 Project: CITNETW001.The total nottoexceed amount for this proposed purchase of cybersecurity hardware, softwaresubscriptions, and support is $590,000 ($579,063.31 contract + $10,936.69 contingency). Thisincludes five years of annual software subscriptions, hardware warranty and support. Negotiating a fiveyear payment agreement prevents yeartoyear cost increases and gives the City a $260,000 discountover five years, compared to renewing one year at a time. It is anticipated that renewal of ongoinghardware and software will be needed for up to one additional fiveyear term subject to budgetappropriation.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONCity Council may choose not to approve this purchase. However, the City would not meet its Zero TrustInitiative to harden security posture as identified in the Cyber Resilience Plan. The City's computernetwork may also experience increased latency and delays. All departments connect to the City'scomputer network.STAFF CONTACTEudora Fleischman, IT Manager(707) 428[email protected] WITHN/AATTACHMENTS:DescriptionProposed ResolutionProposed AgreementREVIEWERS:Reviewer Action DateChaudhary, Savita Approved 8/21/2023 8:18 PM Beavers, Esther Approved 8/21/2023 8:21 PM
Beavers, Esther Approved 8/21/2023 8:22 PM
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CITY OF FAIRFIELD
RESOLUTION NO. 2023-222
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING PAYMENT
AGREEMENT FOR THE PURCHASE OF CYBERSECURITY HARDWARE AND SOFTWARE FROM EPLUS, INC.
WHEREAS, the City utilizes cybersecurity hardware and software to protect the City’s computer systems and has outgrown the current solution; and
WHEREAS, the City has standardized cybersecurity hardware and software; and
WHEREAS, the contract contains an information security record that would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of the City of Fairfield (Government Code 7929.210); and
WHEREAS, the City of Fairfield utilizes a cooperative purchasing agreement with the National Association of State Procurement Officials (NASPO) to conduct competitive bid processes for the same technologies to receive preferred, cost-effective pricing; and
WHEREAS, the City’s Information Technology (IT) Infrastructure and Security Division proposes to purchase cybersecurity hardware and software from ePlus Inc. from the Computer Fund (522) Project CITNETW001 to cover the purchase cost, taxes, and shipping not to exceed $590,000 ($579,063.31 contract + $10,936.69 contingency).
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City Council authorizes the purchase of cybersecurity hardware and software not to exceed $590,000 ($579,063.31 contract + $10,936.69 contingency) from the Computer Fund 522 Project CITNETW001 to cover the purchase cost, taxes, and shipping from the reseller ePlus Inc. which includes five years of subscriptions and support from the date of commencement through June 30, 2028.
Section 2. The council authorizes the city manager to take all steps necessary to implement this resolution.
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RES. NO. 2023-222
PASSED AND ADOPTED this 5th day of September, 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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IPA (Mar2018)
ATTACHMENT A TO CAM309-1
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IPA (Mar2018)
INCUMBENCY CERTIFICATE
I, ______________________________, do hereby certify that I am the authorized _________________________ of City of Fairfield, California ("Customer"), a corporation organized under the laws of the State of California, and further certify that the individuals whose name(s) and signature(s) appear below are authorized to enter into, execute and deliver any Subscription Payment Agreement containing a contract number reference of CAM309 between ePlus Group, inc. and this Customer, and to enter into, execute and deliver any Riders, Amendments and other documents related thereto. .
NAME TITLE SIGNATURE
________________________ _________________________ ____________________________
________________________ _________________________ ____________________________
________________________ _________________________ ____________________________
IN WITNESS WHEREOF, I set my hand on _____________________.
Signature _____________________________________
Name________________________________________
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IPA (Mar2018)
SAMPLE INCUMBENCY CERTIFICATE
I, John D. Smith do hereby certify that I am the authorized Secretary of ABC Corporation ("Customer"), a corporation organized under the laws of the State of Delaw are and further certify that the individuals whose name(s) and signature(s) appear below are authorized to enter into, execute and deliver any Subscription Payment Agreement containing a contract number reference of ABC123 between ePlus Group, inc. and this Customer, and to enter into, execute and deliver any Riders, Amendments and other documents related thereto.
IN WITNESS WHEREOF, I set my hand and the seal of the Customer on April 5, 2017.
Signature: John D. Smith
Name: John D. Smith
NAME TITLE SIGNATURE
Bill R Jones President Bill R. Jones
Susan Q. Johnson Vice President Susan Q. Johnson
John N. Doe Treasurer John N. Doe
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IPA (Mar2018)
ESSENTIAL USE LETTER
To Be Submitted on Customer's Letterhead
RE: That certain Subscription Payment Agreement Contract Number CAM309-1 dated as of August 2, 2023 (the "Contract"), between ePlus Group, inc. ("ePlus") and City of Fairfield, California ("Customer").
The following information sets forth the use of the property (herein so called) to be sold to the undersigned under the above-referenced Agreement.
1) The property will be used by __________________________________________________________________________
2) The responsibilities of the Customer are ________________________________________________________________
3) The property is essential to the Customer's obligation to perform the following functions: __________________________
4) The Customer has/has not (circle one) always provided the functions set forth above.
5) Without the property, the Customer would/would not (circle one) be able to perform the functions.
6) The functions being performed with the property are/are not (circle one) permanent and non-cyclical?
7) The property is/is not (circle one) replacing equipment which performed a similar function.
If the property is replacing equipment which performed a similar function, what was the prior equipment, was it owned or leased, how old was it and what happened to it?
_____________________________________________________________________________.
8) The property is/is not (circle one) supplementing prior equipment.
If the property is supplementing prior equipment, what portion is the property of the entire system (e.g., 50% of the total system in
size and function)?_________________________________________________________________________________________.
9) Would the Customer be able to perform its functions without the property?_____________________________________________.
10) What is the useful life of the property? _________________________________________________________________________.
11) What portion of the Customer's overall function will be performed using the property?_____________________________________.
12) What are the chances of the Customer replacing the property________________________________________________________.
13) What is the flow of appropriations for the property? _______________________________________________________________.
The undersigned hereby represents that the use of the property is essential to its proper, efficient and economic operation.
Sincerely,
By: _________________________
Title: ________________________
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IPA (Mar2018)
SAMPLE OPINION LETTER
TO BE EXECUTED ON COUNSEL'S LETTERHEAD
ePlus Group, inc.
13595 Dulles Technology Drive
Herndon, Virginia 20171
Ladies and Gentlemen:
We are counsel to City of Fairfield, California (the "Customer") and, in that capacity, we have examined Subscription Payment Agreement Contract Number CAM309-1 dated as of August 2, 2023 (the "Contract"), between the Customer and ePlus Group, inc.
As a result of our examination of the Contract and such other examinations as we have deemed appropriate, we are of the opinion as follows:
(a) The Customer is a public body corporate and politic and is authorized by the Constitution and laws of the State of California to carry out its obligations under the Contract;
(b) The Contract has been duly authorized, executed and delivered by * , and constitutes a valid, legal and binding agreement, enforceable in accordance with its terms;
(c) No approval, consent or withholding of objection is required from any governmental authority with respect to the entering into or performance by the Customer of the Contract and the transactions contemplated thereby;
(d) The entering into and performance of the Contract will not violate any judgment, order, law or regulation applicable to the Customer or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance upon any assets of the Customer or on the Asset(s) subject to the Contract pursuant to any instrument to which the Customer is a party or by which it or its assets may be bound;
(e) Customer has complied with any applicable public bidding requirements in connection with the Contract and the transactions contemplated thereby;
(f) The Asset(s) are personal property and when subject to use by the Customer will not be or become fixtures under the law of the State of California;
(g) There are no actions, suits or proceedings pending or to our knowledge, threatened against or affecting the Customer in any court or before any governmental commission, board or authority which, if adversely determined, will have a material, adverse effect on the ability of the Customer to perform its obligations under the Contract.
This opinion is delivered to the addressee for its benefit and the benefit of its assigns for the purpose contemplated by the Contract.
Very truly yours,
*Authorized Signatory of Customer under the Contract
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IPA (Mar2018)
Customer Billing / Payment Information Form
Contract Number CAM309-1
Please help us provide a more efficient service to you by completing the information requested below and returning this form along with the signed contract documentation. ___________________________________________________________________________________________ Customer Billing Information
Company Name City of Fairfield, California
Billing Address
Email Address for Invoices
Customer Contacts
Name Phone Email
Billing
Accounts Payable
Procurement
Other: __________________
Purchase Orders / Special Billing Instructions
Is a Purchase Order Number or Reference Required on Invoices? Yes ☐ No ☐ Purchase Order Number or Other Reference Attached ☐
Special Billing Instructions/Requirements
Federal Tax ID / Tax Exemption / Direct Pay Permits
Federal Tax ID Number or W-9 Form Attached ☐
Tax Exempt Certificates* Yes ☐No ☐Attached ☐
Direct Pay Permits* Yes ☐No ☐Attached ☐
*Please Note: Tax Exempt Certificates or Direct Pay Permits are required to be on file for audit purposes with the tax jurisdiction. -------- Customer Payments should be issued to ePlus Group, inc. -------- Remittance Address: ePlus Group, inc.
Benefit of PNC Bank, Escrow
P.O. Box 392458
Cleveland, OH 44193
1000 Webster Street Fairfield, CA 94533
[email protected]
[email protected]
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Agenda Item No: 3.
AGENDA REPORT
DATE:September 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023223 of the City Council of the City of Fairfield Approving Additional Transfer of Funds from Community Facilities District (CFD) No. 2 to the Solano Land Trust and Authorizing an Update to the Fiscal Year 20232024 Budget RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The Solano Land Trust has sent notice of intent to utilize funding in CFD No. 2 to fund the preservation, maintenance, management, and administrative expenses to provide public access and recreation at Patwino Worrtla Kodoi Dihi Open Space Park.
DISCUSSION
Solano Land Trust was founded in 1986 as the Solano County Farmlands and Open Space Foundation as a result of open space advocates, land developers, and a municipal government working together to benefit the whole community. The Solano Land Trust currently owns the following properties: Jepson Prairie Preserve, KingSwett Ranches, Lynch Canyon, Rush Ranch, and most recently Patwino Worrtla Kodoi Dihi Open Space Park.
The Solano Land Trust purchased the property called Patwino Worrtla Kodoi Dihi Open Space Park (formerly Rockville Trails Preserve) in 20112012. The property has been developed into a natural open space park with diverse outdoor recreation and learning opportunities, along with natural resource protection and agriculture. The natural area features oak woodlands, seasonal creeks, diverse wildlife, and spectacular views.
Solano Land Trust is seeking to utilize funding in CFD No. 2 to fund expenses associated with opening and maintaining Patwino Worrtla Kodoi Dihi Open Space Park.
CFD No. 2 was formed in 1989 as a result of the Green Valley Settlement Agreement (Settlement Agreement) in a settlement of litigation brought by the Green Valley Landowners' Association against the City and various developer defendants. The Settlement Agreement committed the City to the formation of an Open Space District for the purpose of acquiring land and maintaining open space Packet Page 21 of 197
Agenda Item No: 3.AGENDA REPORTDATE:September 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023223 of the City Council of the City of Fairfield Approving AdditionalTransfer of Funds from Community Facilities District (CFD) No. 2 to the Solano LandTrust and Authorizing an Update to the Fiscal Year 20232024 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Solano Land Trust has sent notice of intent to utilize funding in CFD No. 2 to fund the preservation,maintenance, management, and administrative expenses to provide public access and recreation atPatwino Worrtla Kodoi Dihi Open Space Park.DISCUSSIONSolano Land Trust was founded in 1986 as the Solano County Farmlands and Open Space Foundationas a result of open space advocates, land developers, and a municipal government working together tobenefit the whole community. The Solano Land Trust currently owns the following properties: JepsonPrairie Preserve, KingSwett Ranches, Lynch Canyon, Rush Ranch, and most recently Patwino WorrtlaKodoi Dihi Open Space Park.The Solano Land Trust purchased the property called Patwino Worrtla Kodoi Dihi Open Space Park(formerly Rockville Trails Preserve) in 20112012. The property has been developed into a natural openspace park with diverse outdoor recreation and learning opportunities, along with natural resourceprotection and agriculture. The natural area features oak woodlands, seasonal creeks, diverse wildlife,and spectacular views. Solano Land Trust is seeking to utilize funding in CFD No. 2 to fund expenses associated with openingand maintaining Patwino Worrtla Kodoi Dihi Open Space Park. CFD No. 2 was formed in 1989 as a result of the Green Valley Settlement Agreement (Settlement Agreement) in a settlement of litigation brought by the Green Valley Landowners' Association against the City and various developer defendants. The Settlement Agreement committed the City to the formation of an Open Space District for the purpose of acquiring land and maintaining open space land. The City then entered into an agreement (referred to as the "1990 Agreement") with Solano County and the Solano Land Trust (formerly known as the Solano County Open Space Foundation). In the 1990 Agreement, the City and Solano County agreed the proceeds from the assessments in CFD No. 2 would be transferred to Solano Land Trust for use to acquire, own, and manage land in Green Valley for the preservation of agricultural and open space land.
Staff believes the funds being requested follow the formation documents of CFD No. 2 and the 1990 Agreement.
The Solano Land Trust has also received written support from the Green Valley Landowners Association for the additional use of CFD No. 2 funds for use at Patwino Worrtla Kodoi Dihi Open Space Park.
FINANCIAL IMPACT
The amount being requested for fiscal year (FY) 20232024 is $439,058 from CFD No. 2 (Fund 326).
This amount was not previously budgeted in the FY 20232024 budget and requires a budget adjustment to increase the appropriations. The FY23 ending fund balance for Fund 326 is projected to be $2.9M. FY24 projected revenue is approximately $600k with current appropriations of approximately $81k. Staff has confirmed there is adequate funding in Fund 326 to accommodate the additional funding request.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may reject the request to approve the additional use of CFD No. 2 funds, however this would be inconsistent with terms of the Open Space Agreement directing the City to transfer funds from CFD 2 to Solano Land Trust so that Solano Land Trust may acquire, own, and manage land for the preservation of agricultural and open space land. In addition, without receipt of these funds, Solano Land Trust will not have the administrative and maintenance funding resources to open this land to the public for use as public open space.
STAFF CONTACT
Ashley Doyle, Budget Officer
(707) 3658626
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Finance Department, Parks and Recreation Department ATTACHMENTS:
Description
Proposed Resolution
Solano Land Trust Prenotice to City of Fairfield
REVIEWERS:
Reviewer Action Date
Beavers, Esther Approved 8/22/2023 9:50 AM
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CITY OF FAIRFIELD
RESOLUTION NO. 2023-223
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING ADDITIONAL TRANSFER OF FUNDS FROM COMMUNITY FACILITIES DISTRICT (CFD) NO. 2 TO THE SOLANO LAND TRUST AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2023-2024 BUDGET
WHEREAS, Cordelia Community Facilities District (CFD) No. 2 was formed in July 1989 to fund open space acquisitions and maintenance by Solano Land Trust (formerly the Solano County Farmlands and Open Space Foundation); and
WHEREAS, Solano Land Trust has identified the need to utilize the funds to open and m aintain Patwino Worrtla Kodoi Dihi Open Space Park; and
WHEREAS, Patwino Worrtla Kodoi Dihi Open Space Park has been developed into a natural open space park with diverse outdoor recreation and learning opportunities that will be open to the public; and
WHEREAS, Solano Land Trust must obtain consent from the City Council to utilize CFD No. 2 funds; and
WHEREAS, an increase of $439,058 to the appropriations in CFD No. 2 Fund (Fund 326) is required; and
WHEREAS, the revised appropriation constitutes an updated to the fiscal year 2023-2024 Budget approved pursuant to Resolution No. 2023-149.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. That Solano Land Trust has consent to utilize CFD No. funds to open and maintain Patwino Worrtla Kodoi Dihi Open Space Park.
Section 2. The council hereby approved a budget adjustment of $439,058 to Fund 326.
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RES. NO. 2023-223
PASSED AND ADOPTED this 5th day of September, 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: 4.
AGENDA REPORT
DATE:September 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023224 of the City Council of the City of Fairfield Accepting the North Bay Regional Water Treatment Plant Chiller Replacement for OZone Generator Project as Complete
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The adoption of this resolution accepts the North Bay Regional Water Treatment Plant Chiller Replacement for OZone Generator Project (Project) as complete.
DISCUSSION
On May 27, 2022, the City awarded a contract to Carrier Corporation for the Project in accordance with Section 28.50 of the Fairfield Municipal Code, which authorizes the use of informal bid procedures to bid and award projects that cost less than $200,000. The Project included the removal and replacement of the aging chiller that serves the OZone generator building at the North Bay Regional Water Treatment Plant.
The construction authorization for the Project was approved for $88,374. This amount included a total bid of $80,340 and a 10% contingency of $8,034. The final cost for the Project was $91,595, which includes $3,221 in construction change orders above the amount originally authorized for construction.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If City Council has any questions, acceptance may be delayed so that staff may provide the necessary Packet Page 42 of 197
Agenda Item No: 4.AGENDA REPORTDATE:September 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023224 of the City Council of the City of Fairfield Accepting the North BayRegional Water Treatment Plant Chiller Replacement for OZone Generator Project asCompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of this resolution accepts the North Bay Regional Water Treatment Plant ChillerReplacement for OZone Generator Project (Project) as complete.DISCUSSIONOn May 27, 2022, the City awarded a contract to Carrier Corporation for the Project in accordance withSection 28.50 of the Fairfield Municipal Code, which authorizes the use of informal bid procedures tobid and award projects that cost less than $200,000. The Project included the removal and replacementof the aging chiller that serves the OZone generator building at the North Bay Regional WaterTreatment Plant.The construction authorization for the Project was approved for $88,374. This amount included a totalbid of $80,340 and a 10% contingency of $8,034. The final cost for the Project was $91,595, whichincludes $3,221 in construction change orders above the amount originally authorized for construction. FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/A ALTERNATIVE ACTION
If City Council has any questions, acceptance may be delayed so that staff may provide the necessary background information.
STAFF CONTACT
Roger Dunham, Public Works Construction Manager
(707) 4287478
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Proposed Resolution
REVIEWERS:
Reviewer Action Date
Panganiban, Ryan Approved 8/16/2023 3:41 PM
Kaushal, Paul Approved 8/17/2023 1:54 PM
Beavers, Esther Approved 8/17/2023 2:40 PM
Beavers, Esther Approved 8/17/2023 2:52 PM
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CITY OF FAIRFIELD
RESOLUTION NO. 2023-224
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE NORTH BAY
REGIONAL WATER TREATMENT PLANT CHILLER REPLACEMENT FOR O -ZONE GENERATOR
PROJECT AS COMPLETE
WHEREAS, a contract with Carrier Corporation for the North Bay Regional Water Treatment Plant Chiller Replacement Project (Project) was awarded on May 27, 2022, in accordance with Section
28.50 of the Fairfield Municipal Code, which authorizes the use of informal bid procedures to bid and award projects that cost less than $200,000; and
WHEREAS, Carrier Corporation has completed the Project in accordance with the contract.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City of Fairfield hereby accepts the Project as complete pursuant to the agreement between the City and Carrier Corporation made on May 27, 2022.
PASSED AND ADOPTED this 5th day of September, 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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Agenda Item No: 5.
AGENDA REPORT
DATE:September 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023225 of the City Council of the City of Fairfield Rejecting the Sole Bid for the Cadenasso Drive Pavement Reconstruction Project Federal Aid Project No.
STPL 5132(055)
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The bid opening for the Cadenasso Drive Pavement Reconstruction Project Federal Aid Project No.
STPL 5132(055) (Project) was held on July 18, 2023. The sole bid for the Project exceeds the engineer’s estimate by approximately 25%. The proposed resolution rejects the bid for the Project and allows staff to readvertise the bid at a later date.
DISCUSSION
Cadenasso Drive is an arterial road that provides access to the Fairfield Transportation Center (FTC).
The pavement along Cadenasso Drive is in poor condition due to the heavy bus traffic associated with the FTC. In 2021, the City received a Federal Highway Administration (FHWA) grant in the amount of $1,394,000 from the Surface Transportation Program (STPL) to construct the Project. The Project improvements include but are not limited to the following:
Removal and replacement of Cadenasso Drive pavement (2.8foot thick pavement section) Americans with Disabilities Act (ADA) curb ramps and truncated domes Signal and communications interconnection conduit
Striping/pavement markings
On July 18, 2023, Ghilotti Brothers Inc. (Ghilloti Brothers) of San Rafael, CA submitted the sole bid in the amount of $3,299,430.70, which is significantly higher than the funds budgeted for the Project. The engineer’s estimate for the Project is $2,630,000 and the sole bid exceeds this by 25%.
Staff contacted prospective bidders to understand why no other bids were submitted. They stated that because the Project was advertised at the latter end of the construction season, their schedules were completely booked at the time of the bid advertisement and no longer had capacity to take on additional pavement projects. Prospective bidders also stated that they would submit bids for the Packet Page 45 of 197
Agenda Item No: 5.AGENDA REPORTDATE:September 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023225 of the City Council of the City of Fairfield Rejecting the Sole Bidfor the Cadenasso Drive Pavement Reconstruction Project Federal Aid Project No.STPL 5132(055)RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe bid opening for the Cadenasso Drive Pavement Reconstruction Project Federal Aid Project No.STPL 5132(055) (Project) was held on July 18, 2023. The sole bid for the Project exceeds theengineer’s estimate by approximately 25%. The proposed resolution rejects the bid for the Project andallows staff to readvertise the bid at a later date. DISCUSSIONCadenasso Drive is an arterial road that provides access to the Fairfield Transportation Center (FTC).The pavement along Cadenasso Drive is in poor condition due to the heavy bus traffic associated withthe FTC. In 2021, the City received a Federal Highway Administration (FHWA) grant in the amount of$1,394,000 from the Surface Transportation Program (STPL) to construct the Project. The Projectimprovements include but are not limited to the following:Removal and replacement of Cadenasso Drive pavement (2.8foot thick pavement section)Americans with Disabilities Act (ADA) curb ramps and truncated domesSignal and communications interconnection conduitStriping/pavement markingsOn July 18, 2023, Ghilotti Brothers Inc. (Ghilloti Brothers) of San Rafael, CA submitted the sole bid inthe amount of $3,299,430.70, which is significantly higher than the funds budgeted for the Project. Theengineer’s estimate for the Project is $2,630,000 and the sole bid exceeds this by 25%. Staff contacted prospective bidders to understand why no other bids were submitted. They stated that because the Project was advertised at the latter end of the construction season, their schedules were completely booked at the time of the bid advertisement and no longer had capacity to take on additional pavement projects. Prospective bidders also stated that they would submit bids for the Project if it was to be advertised at the end of the year where construction would begin in spring 2024.
Staff recommends that City Council rejects the sole bid because the bid exceeds the Project budget.
Rejection of the bid will give staff the ability to reevaluate, repackage, and readvertise the Project, which may result to additional competitive bids.
FINANCIAL IMPACT
Staff has confirmed grant funding will not be jeopardized by rejecting all bids and readvertising the Project. The grant funds are programmed for expenditure through December 31, 2026.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice inviting bids for the Project was advertised twice in the Daily Republic newspaper on June 16, 2023, and June 23, 2023. In addition, the Plans and Specifications were hosted through BPX Printing & Graphics online Planroom. The initial advertisement emailed a notice of the Project and complete bid package to a total of 17 builder’s exchanges in the State of California covering the area from Redding to San Jose and Stockton to Santa Rosa.
ALTERNATIVE ACTION
If the council has any questions, this request may be delayed so that staff can answer any questions.
STAFF CONTACT
Phil Layoso, Assistant Engineer
(707) 4287505
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Proposed Resolution
Bid Results
REVIEWERS:
Reviewer Action Date
Panganiban, Ryan Approved 8/16/2023 3:42 PM
Kaushal, Paul Approved 8/17/2023 1:56 PM
Beavers, Esther Approved 8/17/2023 4:47 PM
Beavers, Esther Approved 8/17/2023 4:47 PM
Packet Page 46 of 197
CITY OF FAIRFIELD
RESOLUTION NO. 2023-225
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD REJECTING THE SOLE BID FOR THE CADENASSO DRIVE PAVEMENT RECONSTRUCTION PROJECT – FEDERAL AID PROJECT NO.
STPL 5132(055)
WHEREAS, the bid opening for the Cadenasso Drive Pavement Reconstruction Project – Federal Aid Project No. STPL 5132(055) took place on July 18, 2023; and
WHEREAS, one bid was submitted for the Cadenasso Drive Pavement Reconstruction Project ; and
WHEREAS, the bid was higher than the funds identified in the approved fiscal year 2023-2024 budget.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The sole bid submitted to the City of Fairfield for the Cadenasso Drive Pavement Reconstruction Project – Federal Aid Project No. STPL-5132(055) is hereby rejected.
PASSED AND ADOPTED this 5th day of September, 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 47 of 197Attachment 1 Page 1 of 1
Attachment 1
Adaptive System Traffic Signal Improvement Project
Federal Aid Project No: STPL 5132(055)
NAME OF PROJECT
Tuesday, July 18, 2023, at 2:00 p.m.
DATE OF BID
NO. BIDDER Total Base Bid
1 Ghilotti Brothers, Inc. $3,299,430.70
Engineer’s Estimate $2,630,000
Packet Page 48 of 197Attachment 2 Page 1 of 1
Agenda Item No: 6.
AGENDA REPORT
DATE:September 5, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2023226 of the City Council of the City of Fairfield Approving a Contractor Service Agreement with TerraCare Associates for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District No. 202311 (Paradise Valley) RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Approval of the attached resolution will authorize the city manager to execute a contractor service agreement with TerraCare Associates (TerraCare) in the amount of $822,027 for landscape maintenance services in Landscaping and Lighting Maintenance District No. 202311 (Paradise Valley) (LLMD No. 202311).
DISCUSSION
Landscaping and lighting services in the Paradise Valley area were funded with assessments levied under Landscaping and Lighting Maintenance District No. 11 – Paradise Valley North (LLMD No. 11) since 1989. However, this district did not generate sufficient revenue to adequately fund the required services due to the increased cost of services over time and the district’s fixed maximum authorized assessment rate.
Services in LLMD No. 11 were reduced in December 2021, which raised concern among the residents regarding the longterm impacts and sustainability of the limited services. As a shortterm solution, City Council authorized a onetime $7,000 General Fund contribution and $175,000 General Fund loan to the district in May 2022. The contribution and loan allowed the City to enter into a service contract with TerraCare through June 30, 2023, for a modified scope of work intended to minimize the impacts to the district’s landscaping assets while the City conducted a community engagement process and balloting procedure in accordance with Article XIII D of the California Constitution, colloquially known as Proposition 218.
On June 7, 2023, the City formed LLMD No. 202311 to replace LLMD No. 11. All landscaping and lighting maintenance services in the Paradise Valley community will be funded with assessment Packet Page 49 of 197
Agenda Item No: 6.AGENDA REPORTDATE:September 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023226 of the City Council of the City of Fairfield Approving a ContractorService Agreement with TerraCare Associates for Landscape Maintenance Services inthe Landscaping and Lighting Maintenance District No. 202311 (Paradise Valley)RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApproval of the attached resolution will authorize the city manager to execute a contractor serviceagreement with TerraCare Associates (TerraCare) in the amount of $822,027 for landscapemaintenance services in Landscaping and Lighting Maintenance District No. 202311 (Paradise Valley)(LLMD No. 202311).DISCUSSIONLandscaping and lighting services in the Paradise Valley area were funded with assessments leviedunder Landscaping and Lighting Maintenance District No. 11 – Paradise Valley North (LLMD No. 11)since 1989. However, this district did not generate sufficient revenue to adequately fund the requiredservices due to the increased cost of services over time and the district’s fixed maximum authorizedassessment rate. Services in LLMD No. 11 were reduced in December 2021, which raised concern among the residentsregarding the longterm impacts and sustainability of the limited services. As a shortterm solution, CityCouncil authorized a onetime $7,000 General Fund contribution and $175,000 General Fund loan tothe district in May 2022. The contribution and loan allowed the City to enter into a service contract withTerraCare through June 30, 2023, for a modified scope of work intended to minimize the impacts to thedistrict’s landscaping assets while the City conducted a community engagement process and ballotingprocedure in accordance with Article XIII D of the California Constitution, colloquially known asProposition 218.
On June 7, 2023, the City formed LLMD No. 202311 to replace LLMD No. 11. All landscaping and lighting maintenance services in the Paradise Valley community will be funded with assessment revenue levied under LLMD No. 202311, beginning July 1, 2023. The new district was approved with assessment rates that are sufficient to support an increased scope of service that is comparable to the services provided prior to the December 2021 reductions.
Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenance services may be let on the basis of demonstrated competence and professional qualifications.
TerraCare is part of the family of Monarch Landscape Companies and has nearly 30 years of experience serving special districts, municipalities, and other government organizations. Their expertise in a full range of services including complete landscape maintenance, water management planning, irrigation system maintenance, pest control, integrated plant healthcare, and drought mitigation. In addition, their capital resources, staffing capabilities, and excellent references affirmed their standing as the most qualified contractor for this work.
The approval of the attached resolution will authorize the city manager to execute a contractor service agreement with TerraCare in the amount of $822,027 ($28,964 monthly or $347,568 annually, plus an annual $20,000 contingency) for landscape maintenance services in LLMD No. 202311. The initial 27 month term of the agreement is from October 1, 2023, through December 31, 2025, with the option to extend for up to two additional terms of up to 24 months each term.
FINANCIAL IMPACT
Total authorization for the LLMD No. 202311 service agreement is $822,027 for an initial 27month term, which will be paid from the LLMD No. 202311 (Paradise Valley) Fund (Organization Code 18860107).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the attached resolution, and TerraCare may agree to provide landscape maintenance services under an existing open service contract on a monthtomonth basis.
STAFF CONTACT
Chris Lewis, Sr. Management Analyst
(707) 4287089
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Proposed Resolution
Proposed Contractor Service Agreement
REVIEWERS:
Reviewer Action Date
Panganiban, Ryan Approved 8/16/2023 3:41 PM
Kaushal, Paul Approved 8/17/2023 1:55 PM
Beavers, Esther Approved 8/17/2023 2:53 PM
Beavers, Esther Approved 8/17/2023 4:46 PM
Packet Page 50 of 197
Agenda Item No: 6.AGENDA REPORTDATE:September 5, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2023226 of the City Council of the City of Fairfield Approving a ContractorService Agreement with TerraCare Associates for Landscape Maintenance Services inthe Landscaping and Lighting Maintenance District No. 202311 (Paradise Valley)RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApproval of the attached resolution will authorize the city manager to execute a contractor serviceagreement with TerraCare Associates (TerraCare) in the amount of $822,027 for landscapemaintenance services in Landscaping and Lighting Maintenance District No. 202311 (Paradise Valley)(LLMD No. 202311).DISCUSSIONLandscaping and lighting services in the Paradise Valley area were funded with assessments leviedunder Landscaping and Lighting Maintenance District No. 11 – Paradise Valley North (LLMD No. 11)since 1989. However, this district did not generate sufficient revenue to adequately fund the requiredservices due to the increased cost of services over time and the district’s fixed maximum authorizedassessment rate. Services in LLMD No. 11 were reduced in December 2021, which raised concern among the residentsregarding the longterm impacts and sustainability of the limited services. As a shortterm solution, CityCouncil authorized a onetime $7,000 General Fund contribution and $175,000 General Fund loan tothe district in May 2022. The contribution and loan allowed the City to enter into a service contract withTerraCare through June 30, 2023, for a modified scope of work intended to minimize the impacts to thedistrict’s landscaping assets while the City conducted a community engagement process and ballotingprocedure in accordance with Article XIII D of the California Constitution, colloquially known asProposition 218. On June 7, 2023, the City formed LLMD No. 202311 to replace LLMD No. 11. All landscaping andlighting maintenance services in the Paradise Valley community will be funded with assessmentrevenue levied under LLMD No. 202311, beginning July 1, 2023. The new district was approved withassessment rates that are sufficient to support an increased scope of service that is comparable to theservices provided prior to the December 2021 reductions. Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenanceservices may be let on the basis of demonstrated competence and professional qualifications.TerraCare is part of the family of Monarch Landscape Companies and has nearly 30 years ofexperience serving special districts, municipalities, and other government organizations. Theirexpertise in a full range of services including complete landscape maintenance, water managementplanning, irrigation system maintenance, pest control, integrated plant healthcare, and droughtmitigation. In addition, their capital resources, staffing capabilities, and excellent references affirmedtheir standing as the most qualified contractor for this work. The approval of the attached resolution will authorize the city manager to execute a contractor serviceagreement with TerraCare in the amount of $822,027 ($28,964 monthly or $347,568 annually, plus anannual $20,000 contingency) for landscape maintenance services in LLMD No. 202311. The initial 27month term of the agreement is from October 1, 2023, through December 31, 2025, with the option toextend for up to two additional terms of up to 24 months each term. FINANCIAL IMPACTTotal authorization for the LLMD No. 202311 service agreement is $822,027 for an initial 27monthterm, which will be paid from the LLMD No. 202311 (Paradise Valley) Fund (Organization Code18860107).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to approve the attached resolution, and TerraCare may agree to providelandscape maintenance services under an existing open service contract on a monthtomonth basis. STAFF CONTACTChris Lewis, Sr. Management Analyst(707) 428[email protected] WITHN/AATTACHMENTS:DescriptionProposed ResolutionProposed Contractor Service AgreementREVIEWERS:Reviewer Action DatePanganiban, Ryan Approved 8/16/2023 3:41 PMKaushal, Paul Approved 8/17/2023 1:55 PM Beavers, Esther Approved 8/17/2023 2:53 PM
Beavers, Esther Approved 8/17/2023 4:46 PM
Packet Page 51 of 197
CITY OF FAIRFIELD
RESOLUTION NO. 2023-226
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A CONTRACTOR
SERVICE AGREEMENT WITH TERRACARE ASSOCIATES FOR LANDSCAPE MAINTENANCE SERVICES IN THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2023-11 (PARADISE VALLEY)
WHEREAS, landscaping and lighting services in the Paradise Valley area were funded with assessments levied under the landscaping and lighting maintenance district (LLMD) No. 11 – Paradise Valley North (LLMD No. 11) since 1989; and
WHEREAS, LLMD No. 11 did not generate sufficient revenue to adequately fund the required services due to the increased cost of services over time and the district’s fixed maximum authorized assessment rate; and
WHEREAS, the City conducted a community engagement process and balloting procedure in accordance with Article XIII D of the California Constitution, also known as Proposition 218, to form a new district in the Paradise Valley area; and
WHEREAS, on June 7, 2023, the City formed LLMD No. 2023-11 (Paradise Valley) (LLMD No. 2023- 11) to replace LLMD No. 11 and provide all landscaping and lighting maintenance services in the Paradise Valley community beginning July 1, 2023; and
WHEREAS, pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenance services may be let on the basis of demonstrated competence and professional qualifications; and
WHEREAS, the City wishes to enter into a contractor service agreement with TerraCare Associates for landscape maintenance services in LLMD No. 2023-11.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute the contractor services agreement (Agreement) between the City of Fairfield and TerraCare Associates for landscape maintenance services in the LLMD No. 2023-11 in the amount of $822,027 for an initial 27-month term beginning October 1, 2023, and ending December 31, 2025.
Section 2. The city manager is hereby authorized to extend the Agreement for up to two additional terms of up to 24 months each term, including a negotiated scope of work and compensation adjustment not-to-exceed the August San Francisco-Oakland-Hayward Consumer Packet Page 52 of 197Attachment 1 Page 1 of 2
RES. NO. 2023-226
Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written agreement of both parties.
Section 3. The public works director is authorized and directed to do all things necessary to implement the Agreement.
PASSED AND ADOPTED this 5th day of September, 2023, by the following vote:
AYES: MEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
_________
MAYOR
ATTEST:
____________________________
CITY CLERK
Packet Page 53 of 197Attachment 1 Page 2 of 2
1 CONTRACTOR SERVICES AGREEMENT
Landscape Maintenance Services for Landscaping and Lighting Maintenance District No. 2023-11 (Paradise Valley)
THIS AGREEMENT is made at Fairfield, California, as of ____________, 20___, by and between the City of Fairfield, a municipal corporation (“CITY") and TerraCare Associates ("CONTRACTOR"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to the CITY the services described in Exhibit “A,” and CONTRACTOR’s proposal in Exhibit “B-1”.
CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement.
CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” CONTRACTOR’s proposal is incorporated for referent in Exhibit “B-1.”
3) FACILITIES AND EQUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4) GENERAL PROVISIONS. The general provisions set forth in the City of Fairfield Standard Specifications and Details, latest edition and Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control.
5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control.
6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
7) TERM. This Agreement shall be in effect from October 1, 2023, through December 31, 2025. This Agreement may be extended for up to two (2) additional terms of up to twenty-four (24) months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the February San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties.
8) AMENDMENTS TO SCOPE OF WORK. Notwithstanding the above, at the approval of the Public Works Director or designee, CITY and CONTRACTOR may mutually agree in writing to modify the Scope of Work set forth in Exhibit “A” in order to address changing landscaping service needs of the CITY; however, such modification shall not increase the not-to-exceed amount of the AGREEMENT set forth in Exhibit “B.”
DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 54 of 197Attachment 2 Page 1 of 51
2 EXECUTED as of the day first above-stated.
CITY OF FAIRFIELD
a municipal corpora�on (CITY)
By: _______________________________
David Gassaway, City Manager
TERRACARE ASSOCIATES
By: _______________________________
Brian Helgoe, CEO
DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 55 of 197Attachment 2 Page 2 of 51
1 EXHIBIT “A”
LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS
1. LOCATION OF SERVICES
Landscaping and Lighting Maintenance District No. 11 – Paradise Valley North located north of the Dickson Hill Road and east of Interstate 80. Refer to the Area Index Maps. CONTRACTOR should conduct an independent field survey for exact measurement.
2. DESCRIPTION OF SERVICES
A. Lawn Care
I. Mowing
a. Lawns shall be mowed to maintain a neat, trim appearance. b. CONTRACTOR shall remove all litter, branches, and debris from lawn area prior to mowing.
c. Turf height shall be maintained at 3-inches during the summer and 2 ½ inches during the winter.
d. Mowing directions shall be periodically alternated.
e. “Scalping” of turf will not be permitted.
f. Tufts of grass in corners or other areas that cannot be reached by a mower shall be mowed with a monofilament line trimmer.
g. CONTRACTOR may choose to use mulching blades on mowers; however, CONTRACTOR shall remove all excessive mowed clippings to the satisfaction of CITY from the job site on the same day.
h. Mowing schedules shall be coordinated with CITY.
i. Any damage to the turf caused by a mower shall be repaired to the satisfaction of CITY at CONTRACTOR’s expense.
II. Edging
a. CONTRACTOR shall perform lawn edging in conjunction with each mowing. b. Lawn edging along paved areas, around valve boxes, v-ditches, and other utility structures shall be kept neat and manicured.
c. Edges along fences and walls shall be sprayed with herbicide to maintain a 4-inch border free of vegetation.
III. Blowing and Raking
a. Lawn clippings, leaf litter, and other debris shall be blown from all hardscape surfaces and planter beds after each mowing, edging, and as needed. b. All debris shall be removed from the site on the same day CONTRACTOR performs blowing or raking.
c. CONTRACTOR may employ vacuuming or sweeping instead of blowing.
IV. Aeration and Renovation
a. Lawn and Hard Fescue areas shall be aerated using a coring tine aerator (plugger) and DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 56 of 197Attachment 2 Page 3 of 51
2 shall be renovated as necessary to retain health and quality. b. Frequency of aeration shall be adjusted to maintain appropriate water penetration. c. All sprinkler heads, quick couplers, and other obscure features in lawn area shall be flagged prior to aeration.
d. CONTRACTOR shall make multiple passes with aerating device to ensure that holes are no more than six (6) inches apart.
e. Tines shall penetrate at least 2 ½ inches deep. Plug removal is not necessary. f. Immediately following aeration, CONTRACTOR shall bring bare patches and depressions to grade level and reseed the area.
g. CONTRACTOR must provide prior notification of planned turf renovation to receive payment for the work.
V. Turf Replacement
a. CONTRACTOR shall remove and replace dead or irreparably damaged turf at its own expense if such death or damage is caused by any source other than major vandalism where the cost of replacement materials exceeds five hundred dollars ($500) before mark-up.
b. CONTRACTOR shall be responsible for up to five hundred dollars ($500) of materials before mark-up and all labor costs for the repair or replacement of any turf damaged as a result of vandalism.
c. CONTRACTOR shall remove damaged turf and replace with sod within two weeks of a major vandalism event.
VI. Tree Wells
a. Tree wells in lawn shall be maintained free of turf, weeds, and all debris at all times.
VII. Weed Control
a. Lawn areas shall be kept free of weeds.
b. CONTRACTOR shall apply a pre-emergent herbicide to control broad leaf and grassy weeds.
c. CONTRACTOR shall spot treat with a post-emergent herbicide to eradicate emerged broad leaf and grassy weeds.
d. CONTRACTOR shall exercise extreme care in the use of herbicides to avoid harm to non- target plants.
e. CONTRACTOR must provide prior notification of planned turf renovation to receive payment for the work.
VIII. Pest and Disease Control
a. CONTRACTOR shall identify and control turf diseases and infestations of insects and rodents in a timely manner.
b. In the event a pest control method is unsuccessful, CONTRACTOR shall reapply or perform new pest control methods at CONTRACTOR's expense to correct failed treatments.
c. CONTRACTOR shall exercise extreme care in the use of insecticides to avoid harm to non- target insects, such as bees.
DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 57 of 197Attachment 2 Page 4 of 51
3 IX. Irrigation
a. CONTRACTOR shall immediately correct excessive or inadequate watering upon notification by CITY.
b. Watering shall be completed between the hours of 9pm and 6am as operationally feasible.
c. CONTRACTOR shall prevent runoff and ponding by setting irrigation controllers repeat cycling, where possible, to allow water to absorb.
X. Fertilizer Application
a. CONTRACTOR shall apply fertilizer in accordance with the maintenance schedule attached hereto and the fertilizer standards herein. All changes must be coordinated with CITY.
B. Tree Care
I. Pruning
a. CONTRACTOR shall ensure that only professionally qualified personnel perform pruning using approved methods and techniques and International Society of Arboriculture (ISA) pruning standards.
b. All pruning cuts shall maintain the tree’s natural appearance and the branch bark ridge and shall be cleanly cut with no tearing of the bark.
c. Excessive pruning, stubbing back, and flush cuts shall not be permitted. d. Lower branches overhanging walkways or paths shall be raised to a height of eight (8) feet, or to a height specified by CITY.
e. Lower branches overhanging streets or driveways shall be raised to a height of fifteen (15) feet or to a height specified by CITY.
f. Dead and damaged branches, suckers, water sprouts, and other undesirable growth shall be removed.
g. All hazards shall be removed immediately.
C. Shrub and Ground Cover Care
I. Shrub Pruning
a. Shrubs shall be tapered back to form a natural appearance; no vertical edges allowed. b. Shrubs and ground cover shall be pruned to prevent encroachment on walkways, streets, paths, curbs, paved areas, signs, fence lines, and lines of sight. Shrubs and ground cover shall be maintained inside the edges of curbs or planter bed borders. c. Shrubs and ground cover shall be pruned to remove all dead or damaged growth.
II. Shrub Removal
a. At the direction of CITY, CONTRACTOR shall remove any dead or damaged shrubs and replace the same with shrubs of equivalent size and variety up to 5 gallons when such death or damage is caused by negligence of CONTRACTOR.
III. Ground Cover Pruning
a. Vinca and Hypericum shall be mowed to encourage healthy growth and allow for irrigation coverage.
b. CONTRACTOR may be required to prune and edge more frequently if ground cover DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 58 of 197Attachment 2 Page 5 of 51
4 growth encroaches on walkways or streets.
c. Ground cover, such as ivy shall not be allowed to grow or spread onto trees, walls, fences, buildings and other amenities.
IV. Ground Cover Replacement
a. At the direction of CITY, CONTRACTOR shall remove any dead or damaged ground cover and replace the same with ground cover and replace the same with ground cover of equivalent size and variety up to 1 gallon when such death or damage is caused by negligence of the contractor.
V. Fertilization of Shrub Beds and Ground Cover Areas
a. CONTRACTOR shall fertilize shrub beds and ground cover areas in accordance with the maintenance scheduled attached hereto and the fertilizer standards herein. Schedule changes shall be coordinated with CITY.
b. CONTRACTOR shall apply a slow-release complete fertilizer approved by CITY at a rate of six (6) pounds per 1,000 square feet, or at a rate recommended by manufacturer.
VI. Weed Control
a. Planter beds and ground cover areas shall be kept free of weeds. b. Pre-emergent Weed Control
(i) CONTRACTOR shall apply pre-emergent herbicide in accordance with the maintenance schedule attached hereto.
(ii) Pre-emergent herbicide must be approved by CITY in advance of application. (iii) Pre-emergent herbicide must be a broad-spectrum herbicide labeled for both broadleaf and grassy weeds.
(iv) CONTRACTOR may use a tank mix of two or more herbicides to achieve the desired spectrum of control.
VII. Pest and Disease Control
a. CONTRACTOR shall provide prior notification of planned pesticide applications to receive payment for the work.
b. Pre-emergent Weed Control
(i) CONTRACTOR shall apply pre-emergent herbicide in accordance with the maintenance schedule attached hereto.
(ii) Pre-emergent herbicide must be approved by CITY in advance of application. (iii) Pre-emergent herbicide must be a broad-spectrum herbicide labeled for both broadleaf and grassy weeds.
(iv) CONTRACTOR may use a tank mix of two or more herbicides to achieve the desired spectrum of control.
c. Snails and slugs shall be controlled with the use of CITY approved metaldehyde snail bait.
D. Irrigation System
I. General
a. CONTRACTOR shall provide labor, equipment, and materials for the repair or replacement of all irrigation system components beyond the water meter including leaking or malfunctioning main lines, lateral lines, sprinkler heads, valves, backflow prevention devices less than 4-inches in size, quick couplers, and irrigation controllers.
Repair or replacement of all malfunctioning irrigation system components shall be DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 59 of 197Attachment 2 Page 6 of 51
5 included in the total value of this contract.
b. Backflow prevention devices sized 4-inches and larger shall be the responsibility of CITY. c. Before beginning these maintenance program operations under the provisions of this Agreement, CONTRACTOR shall inspect all installed irrigation systems at each site and shall report damages or malfunctions of any system to CITY. d. It is CITYs objective to actively pursue water conservation within the maintenance program and CITY shall closely monitor the administration and specifications of irrigation.
e. CONTRACTOR shall adjust the irrigation system as necessary to prevent overspray onto paved areas and runoff down the gutters. Multiple repeat cycles shall be utilized as needed to provide best irrigation efficiency.
f. All controller stations shall be legibly labeled inside each controller box. Labeling shall include a description of the areas covered by each station. g. Flushing of systems and cleaning or replacement of all filters within the irrigation system is routine maintenance and shall not be considered extra work. CONTRACTOR shall flush the end of drip lines monthly to remove all dirt buildup. h. Plant material exhibiting signs of wilting due to lack of water shall result in withholding of monthly payment until the problem is corrected. Manual watering will be required as necessary to regain plant vigor at no extra cost to CITY. i. CONTRACTOR shall maintain all valve boxes and lids in good condition. This includes removal of any plant growth inside the boxes and removing any excessive dirt or debris from the inside of the box. Standing water in the valve boxes shall not be allowed to remain permanently.
j. CITY may, at its option, perform repairs in-house.
II. Irrigation Scheduling and Adjustments
a. CONTRACTOR shall program controllers to maintain healthy growing plant material. Each month CONTRACTOR shall provide CITY with a complete written schedule of watering for all controllers.
b. Irrigation schedules shall be coordinated with CITY and shall take place between 9:00 PM and 6:00 a.m., whenever possible. Saturdays, Sundays, afternoons, and early evening are the high public use times. Watering shall not take place Fridays at 7:00 a.m. through Sundays at 9:00 p.m., unless otherwise approved by CITY. c. Drip irrigation systems may be operated during the day. d. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences, and other property that may be damaged by water.
e. In the event that CITY crews are required to adjust irrigation scheduling due to CONTRACTOR’s improper management, CONTRACTOR may be billed CITY staff time and materials.
f. CONTRACTOR shall perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 15th each year, unless otherwise directed by CITY.
III. Water Requirements
a. CONTRACTOR shall ensure watering requirements are met within each landscape area.
CONTRACTOR’s forces shall be capable of performing repairs, installations, and modifications of existing irrigation systems to adequately irrigate all landscaped areas on a year-round basis.
b. CONTRACTOR shall ensure that sprinkler heads are in good operational order, filters are DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 60 of 197Attachment 2 Page 7 of 51
6 cleaned regularly, and nozzles are replaced when worn or inadequate coverage occurs.
Any minor changes such as vertical or horizontal riser extensions, sprinkler head exchanges, and filter replacements will be considered shall be included in the total value of this contract.
c. All electrically operated valves shall close completely at the conclusion of the station watering program. Weeping valves shall be immediately repaired. d. Valve boxes shall be kept clean of rocks, soil, debris, and silt to a depth of 2” below the bottom of the valve. All valve box lids shall be in place and locking bolts secured at all times.
IV. Irrigation Repairs and Replacement
a. CONTRACTOR shall employ only qualified personnel to check irrigation controllers and activate all stations on every controller each week. Repairs and adjustments shall be made at that time.
b. Backflow prevention devices that have been repaired or replaced by CONTRACTOR shall be tested and approved by a certified tester on the City of Fairfield Certified Backflow Tester List prior to being returned to service.
c. Backflow prevention device installations shall meet City of Fairfield specifications.
CONTRACTOR shall obtain a no-fee encroachment permit prior to installation.
Installations that fail to meet specifications shall be corrected at CONTRACTOR expense. d. Any repair that necessitates removal of a valve body shall include the installation of pea gravel to a depth of four (4) inches below the valve and a union between the main line and the valve.
e. Main irrigation lines shall not demonstrate leakage when all control valves are in the closed position. Main line repairs shall be included in the total value of this contract. f. All irrigation system repairs, including vandalism shall be completed within 24 hours of CONTRACTOR receiving notification. If repairs cannot be accomplished within the designated time period, CONTRACTOR shall notify CITY immediately of the condition and provide an estimated time of when the repairs will be made. CONTRACTOR shall be responsible for watering the area effected by the irrigation system failure by other means (i.e. hose, etc.) until repairs are completed.
g. CONTRACTOR shall replace all broken irrigation system components with items of the same brand and model, or as approved by CITY.
h. All valves shall be kept in such condition that they are able to be manually operated by the bleeder valve.
i. CONTRACTOR shall repair and replace damaged or missing portions of the irrigation system if such damage or missing material is caused by any source other than major vandalism where the cost of replacement materials exceeds five hundred dollars ($500) before mark-up
j. CONTRACTOR shall be responsible for up to five hundred dollars ($500) of materials before mark-up and all labor costs for the repair or replacement of any irrigation system components damaged or missing as a result of vandalism
V. Controller Repairs
a. Repairs to irrigation controllers shall be CONTRACTOR’s responsibility. Controllers that are beyond repair will be replaced at CONTRACTOR’s expense. b. Automatic controllers and electrical conductors shall be kept operational year-round.
Controllers will be inspected periodically by CITY to ensure that each system’s programming is operational.
c. Controller cabinets shall be maintained clear of debris, nests, snails, and insects.
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7 E. Fertilizer Standards
a. A balanced slow-release fertilizer with micro-nutrients is the minimum requirement for all applications.
b. Fertilizer selection must be approved by CITY.
c. CONTRACTOR must provide prior notification of planned fertilizer applications to receive payment for the application.
d. CONTRACTOR shall recover plant material that demonstrates leaf burning or other forms of chemical harm within 120 days from the date of notification or replace the plant material at its own expense.
e. Fertilizer applications which fail to produce the desired results shall be repeated at CONTRACTOR's own expense.
F. Pest Management
I. Laws and Regulations
a. CONTRACTOR shall comply with all Federal, State, and local laws and regulations governing the use of chemicals for the control of weeds, diseases and pests, including obtaining all the required permits and licenses for the possession and use of pesticides. b. CONTRACTOR shall register with the Solano County Department of Agriculture and shall obtain a Solano County Operator Identification Number for each year of the contract.
CONTRACTOR shall furnish CITY with annual proof of the Solano County registration documents with the Operator Identification Number.
c. Written recommendations from a licensed Pest Control Advisor will be required for all pesticide applications. A copy of these recommendations shall be made available to CITY for approval prior to any work.
d. CONTRACTOR shall permit pesticide applications to be done only by qualified and trained personnel under the supervision of a State licensed pest control operator or certified applicator using recognized and approved materials and methods. e. Employee pesticide training shall comply with the training regulations established by the California Department of Pesticide Regulation.
f. Use of aquatic pesticides, where applicable, shall comply with NPDES and California Department of Fish and Game regulations and must be approved in advance by CITY.
II. General
a. All pesticides must be approved in advance by CITY.
b. CONTRACTOR shall notify CITY prior to all scheduled pesticide applications and shall not receive payment for required applications if such notification has not been provided. c. Pesticide applications which fail to produce the desired results will be repeated at CONTRACTOR’s expense.
III. Rodent Control
a. Trapping shall be the preferred method for rodent control in all landscape areas. b. Use of rodenticides must be approved in advance by CITY and baits must be placed within secured bait stations so as not to create a hazard to persons or pets.
IV. Integrated Pest Management
a. CONTRACTOR shall be provided with a copy of the City of Fairfield Integrated Pest Management (IPM) Policy and shall adhere to the practices contained within the Policy.
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8 b. Extremely toxic materials, such as Category I pesticides shall not be used.
G. General Maintenance and Cleanup
I. General
a. CONTRACTOR shall collect all mowed grass, clippings, trimmings, cuttings, rubbish and debris at each site covered by this Agreement and shall remove the same promptly from each site and dispose of same in a lawful manner at CONTRACTOR’s expense. b. All broken glass shall be immediately removed when discovered. c. CONTRACTOR shall keep sidewalks and paved areas swept and free of any dirt or soil that might be washed from adjacent slopes or planted areas.
d. CONTRACTOR shall repair any eroded places on the landscaped area covered by this Agreement by replacement of topsoil to bring such eroded places back to original grade.
The cause of erosion shall be promptly reported to CITY. e. Worksites shall be left orderly and neat upon completion of work. f. Upon notification by CITY, CONTRACTOR shall adjust scheduled site visits and other work to cause minimal impact on planned community activities occurring at each site.
II. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass, and pruning debris.
III. Dust Control
a. CONTRACTOR shall control airborne dust at all times. Dust control shall conform to section 10, “Dust Control,” of the State Standard Specifications. b. All costs associated with dust control are assumed to be included in the contract bid and no additional compensation will be allowed therefore.
H. High Weed Mowing
I. CONTRACTOR shall perform high weed mowing in areas shown in the Area Index Maps section and in accordance with the maintenance schedule attached hereto.
II. Weeds shall be mowed to a height less than four (4) inches.
III. Any weeds/grass left standing along fences or structures after mowing must be cut.
I. Miscellaneous Facilities
Services listed below shall be included in the total value of this contract.
I. Drainage System Areas
a. All drainage systems used for the purposes of rainwater or irrigation water collection, including surface swales, trench drains, V-ditches, catch basins, or gutters shall be maintained in a clean condition free of debris, erosion waste, weeds, or any blockages. b. CONTRACTOR shall not be responsible for natural creeks and streams under this contract.
c. CONTRACTOR shall prevent any material created as a result of performing the work under this Agreement from entering the storm drain system. The storm drain system includes, but is not limited to, the gutter, the roadway, V-ditches, catch basins, creeks, DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 63 of 197Attachment 2 Page 10 of 51
9 and any underground storm water conduit. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work. d. All concrete-lined ditches within the landscape areas shall be kept clean and clear at all times. The catch basins that these ditches empty into shall be thoroughly cleaned out once per month by the 15th of each month between October 15 to April 15. More frequent cleaning may be required due to heavy rains. Edges should be checked periodically for erosion and damage to concrete structures. Special care will be taken by CONTRACTOR to keep debris out of all basins while V-ditch maintenance is occurring. e. CONTRACTOR shall notify CITY if drainage system is blocked by any offsite debris or erosion waste. Correction of the blockage will be coordinated by CITY. CONTRACTOR shall be entitled to additional compensation if CONTRACTOR performs works to correct blockage at CITY’s request.
II. Erosion Control
a. CONTRACTOR shall not be responsible for structural maintenance or repair or replacement of swales and drain lines except for such structural maintenance, repair, or replacement resulting from damage caused by CONTRACTOR or its agents. b. Erosion resulting from failure to maintain properly rooted plant material on slopes shall be the responsibility of CONTRACTOR to correct and to accomplish necessary cleanups. c. Erosion resulting from major storm damage that requires major slope reconstruction and/or installation of additional drainage facilities shall be the responsibility of others.
III. Sidewalks and Driveways
a. Debris and silt shall be immediately removed from sidewalks, gutters and driveways.
IV. Gravel Access Roads
a. CONTRACTOR shall apply pre-emergent herbicide on gravel access roads and keep the roads litter and weed free.
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10 3. MAINTENANCE SCHEDULE
All schedules are subject to change at the pleasure of CITY or due to weather and other considerations.
LAWN CARE FREQUENCY
Leaf, litter, and trash removal Weekly
Mow Weekly
Edging Weekly
Spot weed control Weekly
Aeration and renovation 2x per year in March and September Pre-emergent weed control for broadleaf and
grassy weeds
4x per year in March, May, August, and November
Post-emergent weed control for broadleaf
and grassy weeds
4x per year in March, May, August, and November
Disease, insect, and rodent infestation control As Needed Fertilization 4x per year in March and September (within one week after aeration) and in May and November
TREE CARE FREQUENCY
Leaf, litter, and trash removal Weekly
Walkway and street clearance As needed
SHRUBS AND GROUNDCOVER CARE FREQUENCY
Leaf, litter, and trash removal Weekly
Weed control Weekly
Pre-emergent weed control 4x per year in February, May, August, and November in areas covered by overhead irrigation
2x per year in February and November in areas
covered by drip irrigation
Shrub pruning 3x per year in April/May, July/August, and October/November
Mow Vinca and Hypericum 2x per year in March and September Prune & edge groundcover 4x per year in February, May, September, and November
Fertilization 4x per year in February, April, July, and October in areas covered by overhead irrigation
2x per year in February and November in areas
covered by drip irrigation
Pest and disease control As needed
IRRIGATION SYSTEM FREQUENCY
System checks Weekly
All repairs (including but not limited to
sprinklers/emitters, lateral lines, valves,
mainlines, controllers, backflow)
Within 24-hours (business days) of notification
Clean pump filters As needed, at least 4x per year (once per quarter) DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 65 of 197Attachment 2 Page 12 of 51
11 GRAVEL ACCESS ROADS FREQUENCY
Leaf, litter, and trash removal Weekly
Pre-emergent weed control 2x per year in February and November Weed control As needed
MISCELLANEOUS FACILITIES FREQUENCY
High weed mowing in undeveloped areas 3x per year in April, June, September V-ditch/drain inlet cleaning Weekly between October 15 and April 15
SITE CONSIDERATIONS FREQUENCY
Site Inspections with CITY At least once per month
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12 4. AREA MAPS INDEX
A. Map 1
= Maintenance Area
= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device
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13 B. Map 2
= Maintenance Area
= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device
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14 C. Map 3
= Maintenance Area
= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device
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15 D. Map 4
= Maintenance Area
= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device
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16 E. Map 5
= Maintenance Area
= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device
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17 F. Map 6
= Maintenance Area
= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device
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18 G. Map 7
= Maintenance Area
= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device
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19 H. Map 8
= Maintenance Area
= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device
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20 I. Map 9
= Maintenance Area
= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device
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21 J. Map 10
= Maintenance Area
= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device
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22 K. Map 11
= Maintenance Area
= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device
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23 L. Map 12
= Maintenance Area
= High Weed Mow Area
= Irrigation Controller
= Irrigation Backflow Device
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1 EXHIBIT “B”
PAYMENT
1)The total contract price for services rendered by CONTRACTOR during the first 27-month term of this Agreement, which is in effect from October 1, 2023, through December 31, 2025, shall not exceed $822,027 or $367,568 annually.
The contract price is based on the amount shown on the CONTRACTOR’s proposal titled “LLMD No. 2023-11 – Paradise Valley Bid Sheet (July 2023),” incorporated for reference in Exhibit “B-1”, plus a revocable $40,000 contingency for labor, materials, tools, equipment, incidentals and all other costs associated with performing additional landscape maintenance services not specifically set forth in Exhibit “A”. All work and expenses to be paid under the $40,000 contingency shall be authorized by CITY.
2)Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice. Final invoice to be submitted on completion of scope of work set forth in Exhibit “A”. 3)Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to by the CITY and CONTRACTOR and shall be billed on a time and materials basis to the City of Fairfield.
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ITEM FREQUENCY UNIT COST ANNUAL COST
Lawn mowing Weekly 209.25 10,880.99
Lawn edging Weekly 45.69 2,375.66
Spot Weed Control Weekly ‐ ‐
Aeration & Renovation Two Times (2X)223.28 446.55
Pre‐emergent weed control for broadleaf
and grassy weeds Four Times (4X)350.15 1,400.61
Post‐emergent weed control for broadleaf
and grassy weeds Four Times (4X)350.15 1,400.61
Control of Turf Diseases, Insect and Rodent
Infestations As Needed 2,012.94
Fertilization Four Times (4X)350.15 1,400.61
Walkway and street clearance As needed Included 12,100.40 Tree Pruning Two Times (2X)$102/hr
Staking/Removal/Re‐bracing As needed $102/hr
Dead and damaged branch removal As needed $102/hr
Tree removal As needed $102/hr
Leaf, litter, and trash removal Weekly 415.54 21,608.08 Weed control Weekly 896.15 46,599.80
Pre‐emergent—planter beds and tree wells Two times (2X) in drip irrigation areas. Four times (4X) in overhead irrigation areas.871.52 5,229.14
Pest/Disease Control As needed 1,006.47 2,012.94
Shrub and Ground Cover Fertilizer Two times (2X) in drip irrigation areas. Four times (4X) in overhead irrigation areas.118.15 708.92
Shrub pruning Three Times (3X)32,270.43 96,811.28
Ground cover pruning and edging Four Times (4X)6,238.21 24,952.82 Vinca and Hypericum mowing Two Times (2X) 917.68 1,835.35 System checks Weekly 1,280.15 66,567.80
Sprinkler/emitter repairs As needed All Repairs 14,033.99 Lateral line repairs As needed Included in All Repairs
Valve repair As needed Included in All Repairs
Mainline repair As needed Included in All Repairs
Controller repair As needed Included in All Repairs
Backflow repair As needed Included in All Repairs
Clean Pump Filters As needed no less than Four Times (4X) per year Included in All Repairs Leaf, litter and trash removal Weekly 415.54 21,608.08
Pre‐emergent weed control Two Times (2X) 2,032.70 4,065.40 Weed control As needed 31.27 1,626.16
High weed mowing Three Times (3X)717.01 2,151.04
V‐ditch cleaning Weekly between October 15 and April 15 2,296.82 TOTAL BID 344,125.97
Add 1% for bond…3,441.26
Grand Total = 347,567.23
MISCELLANEOUS FACILITIES
LLMD NO. 11 ‐ PARADISE VALLEY BID SHEET (July 2023)
LAWN AND HARD FESCUE CARE
TREE CARE
SHRUB AND GROUND COVER CARE
IRRIGATION MAINTENACE AND REPAIR
GRAVEL ACCESS ROAD MAINTENACE
EXHIBIT "B-1"
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1 EXHIBIT “C”
GENERAL PROVISIONS
1) INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent Contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that CONTRACTOR has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONTRACTOR to practice CONTRACTOR's profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession.
3) TIME. CONTRACTOR shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement.
CONTRACTOR shall adhere to the Schedule of Activities as described in their Executive Summary. 4) CONTRACTOR NOT AN AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.
CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All products which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. CITY shall be the sole judge as to whether the services and product of the CONTRACTOR is satisfactory. 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY or CONTRACTOR at the discretion of either party and upon written of intent to terminate the Agreement.
The written notice of intent to terminate the Agreement shall be given to the other party not less than 60 calendar days from the date of termination. CONTRACTOR is entitled to receive full payment for all services performed and all costs incurred up to and including the date of termination.
CONTRACTOR shall be entitled to no further compensation for work performed after the date of DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 81 of 197Attachment 2 Page 28 of 51
2 termination. All completed and incomplete products up to and including the date of termination shall become the property of CITY.
9) PRODUCTS OF CONSULTING. All products of the CONTRACTOR created under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS. To the fullest extent permitted by law, CONTRACTOR shall, at its sole cost and expense, defend, hold harmless and indemnify CITY and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those CITY agents serving as independent contractors in the role of CITY officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Claims”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of CONTRACTOR, its officers, agents, servants, employees, sub-contractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that CONTRACTOR shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. CONTRACTOR shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. CONTRACTOR shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. CONTRACTOR shall pay all required taxes on amounts paid to CONTRACTOR under this Agreement and indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONTRACTOR shall fully comply with the workers’ compensation law regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR shall indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY may offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this section. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County. The CITY encourages an active affirmative action program on the part of its contractors, consultants and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.
As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin.
13) CONTRACTOR NOT A PUBLIC OFFICIAL. CONTRACTOR is not a "public official" for purposes of Government Code §§ 87200 et seq. CONTRACTOR conducts research and arrives at his or her DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 82 of 197Attachment 2 Page 29 of 51
3 conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONTRACTOR possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.
14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONTRACTOR in the amount of $600 (six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONTRACTOR is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONTRACTOR is doing business as other than a sole proprietorship, CONTRACTOR shall provide CONTRACTOR’s federal tax identification number. 15) LABOR AND WAGE CODE GUIDELINES.
A. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, CONTRACTOR acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works,” CONTRACTOR shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
B. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of subection A above.
C. CONTRACTOR shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to CITY prior to the Effective Date of this Agreement. CONTRACTOR shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. CONTRACTOR and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the CONTRACTOR or any subcontractor ceases to be registered with DIR at any time during the duration of the project, CONTRACTOR shall immediately notify CITY.
D. Pursuant to Labor Code Section 1771.4, CONTRACTOR’s Services are subject to compliance monitoring and enforcement by DIR. CONTRACTOR shall post job site notices, as prescribed by DIR regulations.
E. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at CITY Hall and will be made available to any interested party on request. CONTRACTOR acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONTRACTOR shall post such rates at each job site covered by this Agreement.
F. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The CONTRACTOR shall, as a penalty to CITY, forfeit $200.00 for each calendar DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 83 of 197Attachment 2 Page 30 of 51
4 day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by CONTRACTOR or by any subcontractor.
G. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1776, which requires CONTRACTOR and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform CITY of the location of the records.
H. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. CONTRACTOR shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, CONTRACTOR shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, CONTRACTOR and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
I. The CONTRACTOR shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The CONTRACTOR and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the CONTRACTOR or any subcontractor becomes debarred or suspended during the duration of the project, the CONTRACTOR shall immediately notify CITY.
J. CONTRACTOR acknowledges that eight hours labor constitutes a legal day’s work. CONTRACTOR shall comply with and be bound by Labor Code Section 1810. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The CONTRACTOR shall, as a penalty to CITY, forfeit $25.00 for each worker employed in the performance of this Agreement by the CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of CONTRACTOR in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
K. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date______________ Signature___________________________
16) NOTICES. Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during CONTRACTOR’s and CITY’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:
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5 CITY: Chris Lewis, 1000 Webster Street, 3rd Floor, Fairfield, California 94533
CONTRACTOR: Brian Helgoe, 550 S. Hope Street, Suite 1675, Los Angeles, California 90071
17) GOVERNING LAW. CITY and CONTRACTOR agree that this Agreement will be interpreted under the laws of the State of California, with venue in Solano County.
18) CONTRACT BONDS (required for projects above $25k). The Contractor shall furnish two good and sufficient bonds in compliance with applicable federal and state laws. One of the bonds in the amount of one hundred percent (100%) of the contract price shall guarantee the faithful performance of the contract by the Contractor; and, in addition, by its terms, the faithful performance bond shall remain in full force and effect for a period of one (1) year from and after the completion and acceptance of said work to guarantee the repair and/or replacement of faulty workmanship and defective material.
The other bond shall be a payment (labor and material) bond in the amount of one hundred percent (100%) of the contract price. Each respective bond shall be in the form set forth in the Articles of Agreement Section.
Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done.
Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
The City Engineer before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds.
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1 EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $2,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $2,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.
Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.
3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
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2 i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.
Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected].
All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
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3 PERFORMANCE BOND
(include if project is over $25k)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Fairfield (“City”) has awarded to
(Name and address of Contractor)
(“Contractor”) a contract (the “Contract”) for the work described as follows:
LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2023-11 (PARADISE VALLEY)
WHEREAS, Contractor is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Contractor, as Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of
Dollars ($ ), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Contractor, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Contractor's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court.
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4 FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. City is the principal beneficiary of this bond and has all rights of a party hereto.
IN WITNESS WHEREOF, this instrument shall for all purposes be deemed an original hereof, have been duly executed by Contractor and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Contractor” “Surety”
By: By:
Title Title
By: By:
Title Title
(Seal) (Seal)
Note: This bond must be executed and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
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5 PAYMENT BOND
(LABOR AND MATERIALS)
(include if project is over $25k)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Fairfield (“City”) has awarded to
(Name and address of Contractor)
(“Contractor”), a contract (the “Contract”) for the work described as follows:
LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2023-11 (PARADISE VALLEY)
WHEREAS, Contractor is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Contractor, as Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of
Dollars ($ ), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Contractor, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil DocuSign Envelope ID: AF4BF95F-CC40-45BC-8354-716C47387185 Packet Page 90 of 197Attachment 2 Page 37 of 51
6 Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.
IN WITNESS WHEREOF this instrument shall for all purposes be deemed an original hereof, have been duly executed by Contractor and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Contractor” “Surety”
By: By:
Title Title
By: By:
Title Title
(Seal) (Seal)
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7 Note: This bond must be executed and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the trustfulness, accuracy, or validity of that document.
State of California ) County of ____________________________ )
On ________________________ before me, _______________________________________, Date Here Insert Name and Title of the Officer Personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________ Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledgment to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ____________________________ Document Date: ____________ Number of Pages: _______ Signer(s) Other Than Named Above: ________________________ Capacity(ies) Claimed by Signer(s)
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8 Signer’s Name: ________________________