Fairfield City Council
February 20, 2024

PASSED AND ADOPTED this 20th day of February 2024, 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 153 of 423Attachment 13 Page 2 of 2

1 Revised 11/15/2023 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made at Fairfield, California, as of ________________, 2024, by and between the City of Fairfield, a municipal corporation (the “CITY") and Nichols Consulting Engineers, Chtd. ("CONSULTANT"), who agree as follows: 1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.” 2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509). 7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 8) TERM. This agreement shall be in effect through 30 June 2025; or until the scope of work is completed. 9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Packet Page 154 of 423Attachment 14 Page 1 of 11

2 Revised 11/15/2023 Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets 11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:
14) CITY Contact: Jason Riley
15) E-mail:[email protected]
16) Address: 1000 Webster Avenue, Third Floor, Fairfield, CA 94533 17) Telephone: (707) 428-7481
Notices must be given to CONSULTANT at the following: CONSULTANT Contact: ________________ E-mail: ________________ Address: ________________ Telephone: ________________ EXECUTED as of the day first above-stated. City of Fairfield, a municipal corporation By:__________________________________ CONSULTANT By:___________________________________ J. Ryan Shafer, Principal [email protected]
(510) 215-3620
1003 West Cutting Blvd., Suite 110, Richmond, CA 94804
Packet Page 155 of 423Attachment 14 Page 2 of 11

Exhibit A This agreement is a Task Order-based agreement for the following projects which have been assigned to the CONSULTANT: Project Name Original Design Budget Mark Garcia Park Phase 1 $200,000 2025 Rancho Solano Pavement Maintenance $100,000 2026 Rancho Solano Pavement Maintenance $100,000 Task Order Proposals exceeding the Original Design Budget will require City Council approval of a capital budget amendment for the specific project as well as the authorized budget for this AGREEMENT. Task Order Process

4 Revised 11/15/2023 EXHIBIT “B” PAYMENT 1) The total contract price for services rendered by CONSULTANT under this Agreement shall not exceed $400,000, or as amended, in accordance with the hourly rates specified on the following page. 2) Payment shall be made to CONSULTANT on a time and materials basis. CONSULTANT shall submit monthly invoices to the CITY (at CITY Contact’s attention) for the same. 3) Any additional meetings or work required beyond that set forth in each Task Order Proposal shall be mutually agreed to in writing by the CITY and CONSULTANT and shall be billed on a time and materials basis to the CITY (at the CITY Contact’s attention). Packet Page 157 of 423Attachment 14 Page 4 of 11

City of Fairfield
Engineering Design Services For FY24/FY25 Capital Improvement Projects

9. Hourly Rates
' '
Key Personnel Title Base Hourly Rate
J. Ryan Shafer, PE, GE Principal and CA Infrastructure Lead $310 Matthew Gaber, PLA Principal, Landscape Architect $310
Victor Lemus, PE Senior Engineer $205
Mei-Hui Lee, PhD, PE Associate Engineer $245
Franz Haidinger, PE Principal, Chief Engineer $310
James Signore, PhD, PE Principal $310

PROFESSIONAL SERVICES
Principal $310/hour
Associate $245/hour
Senior 11 $215/hour
Senior 1 $205/hour
Project 11 ........••.••.•....................•••••.•...............•.............•.•..•.............•••....••..••...•..............•............................... $195/hour Project 1 $180/hour
Staff 11 $170/hour
Staff 1 $155/hour

TECHNICAL SERVICES
Senior Construction Manager* $160/($185-PW)/hour
Construction Inspector* $140/($165-PW)/hour
Senior Designer $170/hour
CADD Designer $150/hour
CADD Technician $130/hour
Senior Field Scientist $135/hour
Field Scientist $115/hour
Senior Technician* $140/($165-PW)/hour
Field/Engineering Technician* $115/($140-PW)/hour
Project Administrator $130/hour
Technical Editor $115/hour
Clerical $105/hour

CONTRACT LABOR
From time to time, NCE retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at regular Schedule charges.

LITIGATION SUPPORT
Engineer/Scientist $380/hour
Court Appearances & Depositions $575/hour
t!N C E Page 172
Packet Page 158 of 423Attachment 14 Page 5 of 11

City of Fairfield
Engineering Design Services For FY24/FY25 Capital Improvement Projects November 20, 2023

EQUIPMENT
Truck $115/day
Automobile IRS Standard Mileage Rate+10%
Falling Weight Deflectometer Testing $4,000/Day
Coring $5,000/Day
Environmental Equipment (separate fee schedule)

OUTSIDE SERVICES
Rental of equipment not ordinarily furnished by NCE and all other costs such as special printing, photographic work, travel by common carrier, subsistence, subcontractors, etc cost+ 10%

COMMUNICATION/REPRODUCTION
In-house costs for postage, printing and copying project labor charges x 5%

PLOTTER CHARGES
Black and White Sheets (up to 24 x 36) $10.00/sheet
Black and White Sheets (up to 30 x 42) $15.00/sheet
Black and White Sheets (larger sizes) $1.75/sf
Color Sheets (up to 24 x 36) $15.00/sheet
Color Sheets (larger sizes) $2.50/sf
Mylar Sheets $20.00/sheet
Graphic Color Sheets $10.00/sf

OTHER CHARGES
Specialized plotting or graphic services Cost +15%
TERMS
Billings are payable upon presentation and are past-due 30 days from invoice date. A finance charge of 1.5% per month, or the maximum amount allowable by law, will be charged on past-due accounts. NCE makes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with generally accepted professional practice. *A surcharge of $25/hour applied for technicians and construction inspectors to comply with Prevailing Wage (PW) per requirements of California Department of Industrial Relations.

Hourly rates increase 3% annually.
~!NCE Page 173
Packet Page 159 of 423Attachment 14 Page 6 of 11

5 Revised 11/15/2023 EXHIBIT “C” GENERAL PROVISIONS 1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession. 3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary. 4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever. 5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory. 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice Packet Page 160 of 423Attachment 14 Page 7 of 11

6 Revised 11/15/2023 to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY. 10) INDEMNIFY AND HOLD HARMLESS. a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY. b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages. CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. Packet Page 161 of 423Attachment 14 Page 8 of 11

7 Revised 11/15/2023 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County. The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible. As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements: a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization. b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number. Packet Page 162 of 423Attachment 14 Page 9 of 11

8 Revised 11/15/2023 EXHIBIT “D” INSURANCE REQUIREMENTS CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES If checked below, the following insurance is also required. Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence. Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________. 3) INSURANCE PROVISIONS a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or 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 X Packet Page 163 of 423Attachment 14 Page 10 of 11

9 Revised 11/15/2023 liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions: i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY. vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY. VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub-contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT. Packet Page 164 of 423Attachment 14 Page 11 of 11

CITY OF FAIRFIELD

RESOLUTION NO. 2024-33

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

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR FISCAL YEARS 2024 AND 2025 CAPITAL IMPROVEMENT PROJECTS BETWEEN

THE CITY OF FAIRFIELD AND RICK ENGINEERING COMPANY

WHEREAS, the City requires the support of engineering firms to provide engineering design services for the preparation of plans, specifications and cost estimates for fiscal years 2024 and 2025 capital projects; and

WHEREAS, the City solicited a Request for Qualifications and conducted a competitive process resulting in qualifications-based selections for engineering firms to provide engineering design services; and

WHEREAS, Rick Engineering Company has demonstrated the required technical qualifications and has been selected to provide professional engineering services for the 2025-2026 Pavement Maintenance Project and the HSIP Cycle 11 Kentucky & Broadway Bike Lanes Project.

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

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield that certain agreement with Rick Engineering Company for an amount not-to-exceed $250,000 to provide professional engineering services for the 2025-2026 Pavement Maintenance Project and the HSIP Cycle 11 Kentucky & Broadway Bike Lanes Project.

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

Packet Page 165 of 423Attachment 15 Page 1 of 2

RES. NO. 2024-33

PASSED AND ADOPTED this 20th day of February 2024, 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 166 of 423Attachment 15 Page 2 of 2

PROFESSIONAL SERVICES AGREEMENT
THIS AG R EEM ENT is m ade at Fairfield, Califo rn ia, as of__._.~-----+~--' 2024, by and betw een the City of Fairfield, a m unici pal corporation (the "CITY") and Rick Engineering Com pany ("CONSUL TANT"), who agree as fo llow s:
1) SERVICES. Subject to the term s and conditions set fo rth in this Agreem ent, CONSULTANT shall provide to the CITY the services described in Exhibit "A," which consists of the pro posal subm itted by CON SULTANT. CONSULTANT shall pro vide said services at the tim e, place, and in the manner specified in Exhibit "A."
2) PAYM EN T. CITY shall pay CONSULTANT fo r services rendered pursuant to this Agreement at the tim es and in the manner set fo rth in Exhibit "B." The payments specified in Exhibit "B" shall be the only paym ents to be made to CO NSUL TANT fo r services rendered pursuant to this Agreement.

CON SULTANT shall subm it all billings fo r said services to the CITY in the m anner specified in Exhibit "B." 3) FACILI TIES AN D EQ UIPM ENT. CO NSUL TANT shall, at its sole cost and expense, furn ish all fa cilities and equipm ent w hich may be required fo r furn ishing services pursuant to this Agreement. 4) GENER AL PROVISIO NS. The general pro visions set fo rth in Exhibit "C" are part of this Agreem ent. In the event of any inco nsistency betw een said general provisions and any other terms or conditions of this Agreem ent, the pro visions set fo rt h in Exhibit "C" shall control. 5) INSURAN CE REQ U IREM ENTS. The insurance requirem ents set fo rth in Exhibit "D" are part of this Agreem ent. In the event of any inco nsistency between said general provisions and any other terms or co nditions of this Agreem ent, the requirem ents set fo rth in Exhibit "D" shall co ntro l. 6) BU SINESS LICEN SE. The CO NSULTANT shall obtain and keep current a business license fo r work w ithin the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, w ith respect to the gro ss receipts received pursuant to this Agreem ent. No paym ents shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefo re, by the CONSULTAN T. Business license applications and info rm ation may be obtained from the Com m unity Developm ent Departm ent, Fairfield City Hall, 10 00 W ebster Street, Fairfield, CA 94533-4883, (707-428- 7509).
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference inco rporated herein.
8) TER M . This agreem ent shall be in effect thro ugh 30 June 2025; or until the scope of work is com pleted.
9) GO VER NING LAW AND VENUE. Should either Party to this Agreem ent bring legal action against the other, the validity, interpretation, and perfo rmance of this Contract shall be co ntro lled by and construed under the law s of Califo rn ia, excluding Califo rn ia's choice of law rules. Venue fo r any such action relating to this Agreem ent shall be in the Solano County Superior Court. 10) W here applicable, vehicl es w ith a GVW R greater than 8,500 lbs. and light-duty package delivery vehicl es operated in Califo rn ia may be subject to the Califo rn ia Air Resources Board Advanced Revised 11/15/2023
Packet Page 167 of 423Attachment 16 Page 1 of 10

Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/p rograms/advanced-clean-fleets 11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY 's behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:

CITY Contact: Jason Riley
E-mail: [email protected]
Address: 1000 Webster Avenue, Third Floor, Fairfield, CA 94533 Telephone: (707) 428-7481
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: M Scott Lillibridge
E-mail:

Address:

Telephone:
[email protected]
2525 East Bidwell Street, Folsom, CA 95630
916-638-8200
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By: _
Revised 11/15/2023
Packet Page 168 of 423Attachment 16 Page 2 of 10

Exhibit A
This agreement is a Task Order-based agreement for the following projects which have been assigned to the CONSULTANT:

Project Name Original Design Budget
25-26 Pavement Maintenance $150,000
HSIP Cycle 11 Kentucky & Broadway Bike $100,000
Lanes
Task Order Proposals exceeding the Original Design Budget will require City Council approval of a capital budget amendment for the specific project as well as the authorized budget for this AGREEMENT.

Task Order Process
When the City is ready to initiate a project, the city will request a Task Order Proposal from the consulting firm based upon the preliminary scope of work and will negotiate the scope of work, schedule of deliverables, labor hours and fee for each project prior to fully executing the Task Order. Following full execution of a Task Order, the City will issue a Notice to Proceed for engineering design services for the project.

General Scope of Work
The proposed scope of work generally consists of five task areas as follows:

1. Project Management & Coordination: services include, but are not limited to, internal project management, quality control, quality assurance, and coordination with regulatory agencies & utility companies.

2. Design: services include, but are not limited to, the following: conduct topographic survey; right-of-way resolution and preparation of grant deeds; and preparation of utility letters, plans, specifications and cost estimates for 35%, 65%, 95% and final design.

3. Environmental Compliance & Permitting: services include but are not limited to, preparing, submitting and obtaining all required permits and environmental review documentation required by Federal, State, local and jurisdictional agencies.

4. Bid Support: services include, but are not limited to, responding to questions concerning the plans, specifications and estimates as well as preparation of any necessary addenda.

5. Construction Support: services include, but are not limited to, attending construction meetings, reviewing technical submittals, responding to Requests for Information (RFls), assistance with preparation of contract change orders and preparation of record drawings.

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E X H IB IT "B "

P A Y M E N T
1) The total contract price for services rendered by CONSULTANT under this Agreement shall not exceed $250,000, or as amended, in accordance with the hourly rates specified on the following page. 2) Payment shall be made to CONSULTANT on a time and materials basis. CONSULTANT shall submit monthly invoices to the CITY (at CITY Contact's attention) for the same. 3) Any additional meetings or work required beyond that set forth in each Task Order Proposal shall be mutually agreed to in writing by the CITY and CONSULTANT and shall be billed on a time and materials basis to the CITY (at the CITY Contact's attention). 4 Revised 11/15/2023
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H o u rly R ate s
Scott Lillibridge, PE QSD/QSP
Associate Principal $270.00
Hoon Hahn, PE Engineering Manager $245.00
Francis Adrias, PE Principal Project Engineer $230.00
Edgar Camerino, PE
Principal $290.00
Teresa Wilkinson - Director of Environmental Planning $245.00 Services
Tom Martin, PE Associate Principal $270.00
Patricia Trauth, PLA AICP LEED AP Associate Principal $270.00 Morrow Surveying, Inc.

I Matt Morrow, LS I CEO & Owner I 1 $325.00
Helix Environmental Planning, Inc.

Patrick Britton I Principal $295.00
Kle infeld e r, Inc .

I Steven Weiser, PE GE I I Sr. Principal Geotechnical Engineer I 1 $270.oo ~~ ----~-I Rates subject to change for prevailing wage contracts.

When authorized, overtime shall be charged at the listed rates times 1.5.

Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses.

R I CK CITY OF FAIRFIELD
Engineering Design Services
42 Packet Page 171 of 423Attachment 16 Page 5 of 10

EXHIBIT "C"

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

CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNM ENT 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) PER SONNEL. CONSULTANT shall assign only co mpetent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFO RMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a co mpetent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSUL TANT is satisfactory. 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services perfo rmed and all costs incurred up to and including the date of receipt of written notice 5 Revised 11/15/2023
Packet Page 172 of 423Attachment 16 Page 6 of 10

to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively "CITY lndemnitees") from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT's duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT's proportionate percentage of fault. CONSULTANT's percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT's percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSUL TANT's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY lndemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY lndemnitees.

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

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

CONSULTANT'S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. 6 Revised 11/15/2023
Packet Page 173 of 423Attachment 16 Page 7 of 10

12) LOCAL EM PLOYMENT 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 co ntractors, consultants, and developers. W hen local projects require, subcontractors, co ntractors, consultants and developers will solicit proposals from qualified local firms where possible.

As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13 ) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code§§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYM ENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) W hether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability co rporation, non-profit corporation or other form of organization.
b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT'S federal tax identification number. 7 Revised 11/15/2023
Packet Page 174 of 423Attachment 16 Page 8 of 10

E X H IB IT "D "

IN S U R A N C E R E Q U IR E M E N T S
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 - any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers' Compensation insurance as required by the State of California and Employers' Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required. [8J Professional Liability Insurance/ Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.

D Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$ _ □ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D Builder's Risk/ Course of Construction Insurance in the minimum amount of$ _ 3) INSURANCE PROVISIONS
a) DED UCTIBLES 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 8 Revised 11/15/2023
Packet Page 175 of 423Attachment 16 Page 9 of 10

liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONSULTANT'S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30} days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT'S policy limits of coverage.

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

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

All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain 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.
9 Revised 11/15/2023
Packet Page 176 of 423Attachment 16 Page 10 of 10

Agenda Item No: 6.

AGENDA REPORT
DATE:February 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024­34 of the City Council of The City of Fairfield Approving a Funding Agreement Between the City of Fairfield and Solano Transportation Authority (STA) for the East Tabor/Tolenas Safe Routes to School Gap Closure Project RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The proposed resolution authorizes the city manager to enter into a funding agreement in the amount of $100,000 between the City of Fairfield and the Solano Transportation Authority (STA) to reimburse the City for costs related to the East Tabor/Tolenas Safe Routes to School Gap Closure Project (Project).

The use of $100,000 in grant funds will offset the City’s local contribution for the Project.

DISCUSSION
In early 2023, the STA Board issued a Call for Projects that would fund projects with Transportation Funds for Clean Air (TFCA) Program Manager Funds. The deadline to submit projects to the STA Board was July 17, 2023. As no projects were submitted to the STA Board, there remains a total fund balance of $140,000 available for programming.

The Project was identified by STA staff as eligible to receive $100,000 in TCFA funds for construction.

The Project improves the safety of students traveling to school by installing sidewalks, bicycle lanes, and an at­grade pedestrian crossing of the Union Pacific Railroad crossing at East Tabor Avenue. The Project improvements also include the widening of the existing sidewalk on Tolenas Avenue.

City staff submitted the completed plans to Union Pacific Railroad (UPRR) for review and approval of the at­grade pedestrian crossing. Staff will draft an easement and Construction & Maintenance agreement with UPRR pending UPRR approval of the design, anticipated in early 2024. Staff anticipates executing the agreement in late 2024 so that construction can begin in summer 2025.

FINANCIAL IMPACT
The City would receive TFCA Funds from STA in the amount of $100,000 to reimburse the Streets Packet Page 177 of 423

Agenda Item No: 6.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024­34 of the City Council of The City of Fairfield Approving a FundingAgreement Between the City of Fairfield and Solano Transportation Authority (STA) forthe East Tabor/Tolenas Safe Routes to School Gap Closure ProjectRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe proposed resolution authorizes the city manager to enter into a funding agreement in the amount of$100,000 between the City of Fairfield and the Solano Transportation Authority (STA) to reimburse theCity for costs related to the East Tabor/Tolenas Safe Routes to School Gap Closure Project (Project).The use of $100,000 in grant funds will offset the City’s local contribution for the Project.DISCUSSIONIn early 2023, the STA Board issued a Call for Projects that would fund projects with TransportationFunds for Clean Air (TFCA) Program Manager Funds. The deadline to submit projects to the STABoard was July 17, 2023. As no projects were submitted to the STA Board, there remains a total fundbalance of $140,000 available for programming.  The Project was identified by STA staff as eligible to receive $100,000 in TCFA funds for construction.The Project improves the safety of students traveling to school by installing sidewalks, bicycle lanes,and an at­grade pedestrian crossing of the Union Pacific Railroad crossing at East Tabor Avenue. TheProject improvements also include the widening of the existing sidewalk on Tolenas Avenue.City staff submitted the completed plans to Union Pacific Railroad (UPRR) for review and approval ofthe at­grade pedestrian crossing. Staff will draft an easement and Construction & Maintenanceagreement with UPRR pending UPRR approval of the design, anticipated in early 2024. Staffanticipates executing the agreement in late 2024 so that construction can begin in summer 2025.

FINANCIAL IMPACT
The City would receive TFCA Funds from STA in the amount of $100,000 to reimburse the Streets Capital Fund for costs incurred for the Project in fiscal year (FY) 2023­2024 and FY 2024­2025. There would be no impact on the General Fund. There is no local match for the TFCA funds. TFCA Funds will be deposited into the Project Number CPW070008.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
On August 31, 2023, STA staff recommended to the STA Board that the Project receive TFCA funding in the amount of $100,000. The STA Board approved this request on September 13, 2023.

ALTERNATIVE ACTION
City Council may choose not to execute the funding agreement, but this is not recommended as this would mean the City would not receive agreed upon expense reimbursement coordinated by the Bay Area Air Quality Management District.

STAFF CONTACT
Phil Layoso, Assistant Engineer
(707) 428­7505
[email protected]
COORDINATED WITH
City Attorney's Office, Solano Transportation Authority ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Funding Agreement
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 2/5/2024 ­ 8:58 PM
Kaushal, Paul Approved 2/5/2024 ­ 9:13 PM
Dombrowski, Delaney Approved 2/6/2024 ­ 11:20 AM
Dombrowski, Delaney Approved 2/6/2024 ­ 11:21 AM
Packet Page 178 of 423

CITY OF FAIRFIELD

RESOLUTION NO. 2024-34

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A FUNDING AGREEMENT

BETWEEN THE CITY OF FAIRFIELD AND THE SOLANO TRANSPORTATION AUTHORITY FOR THE EAST

TABOR/TOLENAS SAFE ROUTES TO SCHOOL GAP CLOSURE PROJECT

WHEREAS, the Solano Transportation Authority (STA) has made Transportation Funds for Clean Air (TFCA) Program Manager Funds available to the City of Fairfield for the East Tabor/Tolenas Safe Routes to School Gap Closure Project (Project); and

WHEREAS, on September 13, 2023, the STA received authorization for the City to receive $100,000 for the construction of the Project; and

WHEREAS, the City is required to enter into a funding agreement with the STA to receive the TFCA funds.

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

Section 1. The city manager is hereby authorized to execute on behalf of the City of Fairfield, a funding agreement between the STA and the City of Fairfield for the Project, which is in a form approved by the city attorney.

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

PASSED AND ADOPTED this 20th day of February 2024, 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 179 of 423Attachment 1 Page 1 of 1

TFCA FY23-24_Tolenas SR2S Project Funding Agreement.Final 11-2023

FUNDING AGREEMENT

BETWEEN

SOLANO TRANSPORTATION AUTHORITY
AND

CITY OF FAIRFIELD
This Funding Agreement ("Agreement") is made on ____________________________ (“Effective Date”) between the Solano Transportation Authority, a joint powers authority organized under Government Code section 6500 et seq. consisting of the County of Solano and the Cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville and Vallejo (“STA”), and the City of Fairfield, a municipal corporation ("City") each individually referred to as a “Party” and collectively as the “Parties”.

RECITALS
WHEREAS, STA was created in 1990 through a Joint Powers Agreement between the County of Solano and the Cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, and Vallejo to serve as the Congestion Management Agency (“CMA”) for County of Solano; and WHEREAS, STA, as the CMA and the and County Transportation Authority (“CTA”) for Solano County, partners with various federal, state, regional, and local transportation and planning agencies, such as the Metropolitan Transportation Commission (“MTC”) and California Department of Transportation (“Caltrans”) District 4, and local governments, to set countywide transportation priorities and to coordinate the delivery of transportation projects in furtherance of the identified transportation priorities; and
WHEREAS, the Bay Area Air Quality Management District (“BAAQMD”) Transportation Funds for Clean Air (“TFCA”) are administered by each Bay Area Congestion Management Agency; and WHEREAS, the Solano Transportation Authority, as the CMA for Solano County, administers the TFCA for the County; and
WHEREAS, STA received STA Board approval on May 10, 2023 for the fiscal year (“FY”) 2023- 24 Funding Plan for TFCA Funds; and
WHEREAS, STA has issued a Call for Projects and has determined that the City’s East Tabor Tolenas Safe Routes to School project (“Project”), which is a One Bay Area Grant 2 (“OBAG 2”) priority project, meets the requirements for TFCA; and
WHEREAS, STA desires to fund the activities in accordance with the terms of this Agreement.

Packet Page 180 of 423Attachment 2 Page 1 of 23

TFCA FY23-24_Tolenas SR2S Project Funding Agreement.Final 11-2023

AGREEMENT

NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement, the Parties agree as follows:

A. Project and Funding Identification:

1. STA staff and City staff have been in coordination about the implementation of the Project, which is planned and designed to improve the safety of students by installing sidewalks, bicycle lanes, and a gated at-grade pedestrian crossing of the Union Pacific Railroad crossing at East Tabor.

2. The maximum funding amount allocated for Project activities is $100,000.

B. City of Fairfield Agrees:

1. To perform and deliver the Project outlined in the STA staff report dated August 31, 2023 and was approved by the STA Board on September 13, 2023 as identified in Exhibit A.

2. To be bound and abide by any and all applicable provisions of the Funding Agreement between STA and the Bay Area Air Quality Management District (“BAAQMD”) for Fiscal Year 2023-24, which is attached as Exhibit B (“BAAQMD Funding Agreement”) and incorporated by reference as if fully set forth in this Agreement.

3. To cooperate with STA and do all such things, provide all such documentation, and take all such actions as shall be reasonably required by STA and mutually agreed to by City, to facilitate City’s and STA’s compliance with the Funding Agreement to complete all project work.

4. To submit invoices to STA at least on a quarterly basis.

C. STA Agrees:

Upon submission of an invoice by City, and upon approval of the STA’s representative, pay City monthly in arrears for fees and expenses incurred the prior month, up to the maximum amount provided for in this Agreement.

D. Mutual Responsibilities:

1. Term: This Agreement shall remain in effect from the Effective Date through December 31, 2025, unless it is terminated or amended earlier as provided in this Agreement.

Packet Page 181 of 423Attachment 2 Page 2 of 23

TFCA FY23-24_Tolenas SR2S Project Funding Agreement.Final 11-2023

2. Termination: STA’s obligation under this Agreement is subject to the availability of authorized funds. STA may terminate the Agreement, or any part of the work, without prejudice for lack of appropriation of funds. If expected or actual funding is withdrawn, reduced, or limited in any way prior to the expiration date set forth in this Agreement, or any subsequent Amendment, the STA may, upon written Notice to City, terminate this Agreement in whole or in part. STA shall provide written notice of termination, pursuant to this clause, to City at least sixty (60) days prior to the effective date of termination.

3. Indemnity: City shall indemnify, defend, and hold harmless, STA and its member jurisdictions, and their respective officials, officers, directors, employees, agents, and volunteers, from and against any and all claims, suits, actions, causes of action, loss, damages, expense and costs (including, without limitation, costs and fees of litigation) of every nature arising out of or in connection with performance of work hereunder, including, but not limited to, performance of work on the Project, or City failure to comply with any of its obligations or performance of services contained in this Agreement, except such losses or damages which are caused by the negligence or willful misconduct of STA.

STA agrees to indemnify, defend, protect, hold harmless, and release City, its elected bodies, agents, officers and employees (collectively referred to in this paragraph as “City”), from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs, or expense (including attorneys’ fees and witness costs) arising from or in connection with, or caused by’ any negligent act or omission or willful misconduct of STA. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages compensation payable to or for the indemnifying party under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

At its sole discretion, City may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve STA of any obligation imposed by this Section. City shall notify STA within thirty (30) days of any claim, action or proceeding and cooperate fully in the defense. Notwithstanding the foregoing, City’s failure to notify STA within said thirty (30) daytime limit shall not relieve STA of any obligation imposed by this Section unless STA has been actually prejudiced by such delay.

4. Insurance:
a. City will maintain status as legally self-insured public entities for general, auto and professional liability insurance coverage with limits of no less than $1,000,000 per occurrence and no less than five million dollars ($5,000,000) aggregate. City agrees to include STA, its officials, employees and agents as an additional insureds and endorse its general liability policies STA, using standard ISO endorsement No. CG2010 or its equivalent to demonstrate such coverage.

Packet Page 182 of 423Attachment 2 Page 3 of 23

TFCA FY23-24_Tolenas SR2S Project Funding Agreement.Final 11-2023

b. Each Party will maintain Workers’ Compensation as required by law for all its employees. Neither Party’s insurance shall be called upon to satisfy any claim for workers’ compensation filed by an employee of the other Party. Each Party will provide the other with a Waiver of Subrogation endorsement for Workers Compensation. Each Party also agrees to require all consultants, contractors and subcontractors engaged to work on this Project to carry the same Workers Compensation insurance limits and endorsements.

5. Notice: All notices and other communications required or permitted to be given under this Sub- Agreement shall be in writing and shall be personally served or mailed, postage prepaid and addressed to the respective Parties as follows:

TO STA:

Daryl K. Halls, Executive Director
423 Main Street
Suisun City, CA 94585
Attn: Dulce Jimenez, Planning Assistant

TO City of Fairfield:

David Gassaway, City Manager
1000 Webster Street, 3rd Floor
Fairfield, CA 94533
Attn: Jason Riley, Project Manager

Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days following the date of deposit with the United States Postal Service.

6. Assignability: Neither Party to this Agreement shall assign or transfer any interest in this Agreement nor the performance of any duties or obligations hereunder, without the prior written consent of the other Party, and any attempt by either Party to so assign or transfer this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

7. Governing Law: The Parties agree that the law governing this Agreement shall be that of the State of California.

8. Venue: In the event that suit shall be brought by either Party, the Parties agree that venue shall be exclusively vested in the state courts of the County of Solano, or where otherwise appropriate, exclusively in the United States District Court, Eastern District of California, Sacramento, California.

9. Interpretation: Each Party has reviewed this Agreement and any question of doubtful interpretation shall not be resolved by any rule or interpretation providing for interpretation against the drafting party. This Agreement shall be construed as if both Parties drafted it. The captions and

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TFCA FY23-24_Tolenas SR2S Project Funding Agreement.Final 11-2023

headings contained herein are for convenience only and shall not affect the meaning or interpretation of this Agreement.

10. Force Majeure: Neither the STA nor City shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or for any interruption of services, directly or indirectly, from acts of god, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of the STA or City.

11. Controlling Provisions: In the event of a conflict between the provisions of this Agreement and those of the BAAQMD Agreement, the terms and conditions of this Agreement shall be controlling as to the Parties to this Agreement.

12. Access to Records and Retention: All Parties, acting through their duly authorized representative, as well as any federal or state grantor agency providing all or part of the funding associated with this Agreement, the State Controller, the Comptroller General of the United States, and the duly authorized representatives of any of the Parties, shall have access to any books, documents, papers and records of any Party which are directly pertinent to the subject matter of this Agreement for the purpose of making audit, examination, excerpts and transcriptions. Except where longer retention is required by any federal or state law, the Parties shall maintain all required records for three years after final payment for any work associated with this Agreement, or after all pending matters are closed, whichever is later.

13. Prior Agreements and Amendments: This Agreement, including attachments and exhibits, represent the entire agreement of the Parties with respect to the subject matter described in this Agreement, and no representation, warranties, inducements, or oral agreements have been made by any of the Parties except as expressly set forth in this Agreement. This Agreement may only be modified by a written amendment duly executed by the Parties.

14. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement.

A signed copy of this Agreement delivered by facsimile, e-mail or other means of Electronic Transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

15. Severability: If any provision or portion of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid such provision shall be severable and shall not impair the enforceability of any other provision of this Agreement.

[signatures on next page]

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TFCA FY23-24_Tolenas SR2S Project Funding Agreement.Final 11-2023

The Parties have executed this Agreement on the day and year first written above.

SOLANO TRANSPORTATION AUTHORITY CITY OF FAIRFIELD

By: ________________________________
Daryl K. Halls, Executive Director

By: ________________________________
David Gassaway, City Manager

Approved as to Form:

Approved as to Form:

By: ________________________________
Megan J. Callaway, STA Legal Counsel

By: ________________________________
David Lim, City Attorney

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TFCA FY23-24_Tolenas SR2S Project Funding Agreement.Final 11-2023

Exhibit A

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TFCA FY23-24_Tolenas SR2S Project Funding Agreement.Final 11-2023

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TFCA FY23-24_Tolenas SR2S Project Funding Agreement.Final 11-2023

Exhibit B

BAAQMD Funding Agreement

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FUNDING AGREEMENT

BETWEEN

THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT
AND

SOLANO TRANSPORTATION AUTHORITY
24-SOL

This Funding Agreement (Agreement) is entered into between the Solano Transportation Authority (County Program Manager), and the Bay Area Air Quality Management District (Air District). The County Program Manager and the Air District will each be referred to as a Party, and as the Parties collectively. This Agreement includes Attachment A, which specifies the funding allocated under this Agreement, and Attachment B, which pertains to insurance requirements.

SECTION I
RECITALS:
1) The Air District is authorized under California Health and Safety (Health & Safety) Code Sections 44223 and 44225 to levy a fee on motor vehicles registered within its jurisdiction (Motor Vehicle Fees), a portion of which the Air District receives and dedicates to its Transportation Fund for Clean Air (TFCA) program.
2) TFCA program monies may be allocated for projects to reduce air pollution from motor vehicles and to implement transportation control measures included in the plan adopted pursuant to Health and Safety Code Sections 40233, 40717, and 40919. 3) In accordance with Health and Safety Code Section 44241(d), the Air District allocates not less than forty (40) percent of the TFCA monies received to implement the TFCA County Program Manager program (Program).
4) The Air District has been notified, in a communication dated August 17, 1992, that the County Program Manager is the duly authorized recipient of the proportionate share of Program monies for Solano County, and has been so designated by resolution(s) adopted by the Solano County Board of Supervisors and by the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county. The terms and conditions for the expenditure of the County’s Program monies by the County Program Manager are set forth in the resolution(s).
5) On December 7, 2022, the Air District’s Board of Directors (Board of Directors) approved the TFCA County Program Manager Fund Policies for Fiscal Year Ending 2024 (Policies).

The Policies set forth requirements, including eligibility and cost-effectiveness requirements, for projects funded by TFCA funds in fiscal year ending (FYE) 2024. The Policies are incorporated as Appendix D and made a part of the “County Program Manager Fund Expenditure Plan Guidance for Fiscal Year Ending 2024” (Guidance) and are incorporated herein and made a part hereof by this reference as if fully set forth herein. 6) On or about March 3, 2023, the County Program Manager submitted an Expenditure Plan Application to the Air District for its Solano County TFCA Program, which specified interest 














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FYE 2024 TFCA County Program Manager Agreement 24-SOL Page 2 of 10 income earned by the County Program Manager and TFCA funds from previously funded TFCA projects available for reprogramming to other eligible TFCA projects. 7) On May 17, 2023, the Board of Directors approved an estimated new allocation of FYE 2024 TFCA Program monies of $340,800 for Solano County (New FYE 2024 TFCA Allocation), which is based upon the County’s proportionate share of the California Department of Motor Vehicle (DMV) vehicle registration fees paid. On this same date, the Board of Directors approved an estimated total funding level for FYE 2024 of $358,331 for Solano County (TFCA Funds), which is to be administered by the County Program Manager and will be covered by this Agreement. The TFCA Funds include: the New FYE 2024 TFCA Allocation, any reprogramming of TFCA monies remaining from projects from prior fiscal years, and any interest earned in the prior year.
8) The Air District and the County Program Manager, pursuant to Health and Safety Code Section 44241, hereby enter into this Agreement to: (a) implement the Program within Solano County; (b) select and fund projects that improve air quality in the San Francisco Bay Area Air Basin and comply with the Policies; and (c) oversee such funded projects to assure that they meet, and are implemented in accordance with, the Policies and the terms of this Agreement. This Agreement covers the funding allocation set forth in Paragraph 7 above.

SECTION II

COUNTY PROGRAM MANAGER AGREES:
1) To implement the FYE 2024 Program within Solano County in accordance with this Agreement and the Policies.
2) To select and fund projects that improve air quality in the San Francisco Bay Area Air Basin and that comply with the Policies and the terms of this Agreement (Program Projects).

Recipients of TFCA Funds may include the County Program Manager, which undertakes its own County projects, and other entities (Sub-awardees). The County Program Manager will designate the Program Projects as FYE 2024 Program Projects for administrative purposes. 3) Except in the case where the County Program Manager is the Sub-awardee, the County Program Manager must enter into a binding agreement with each Sub-awardee that sets forth the maximum amount of TFCA Funds awarded for each Program Project, and requires each Sub-awardee to comply with both the terms of this Agreement and the Policies and to implement the Program Projects as approved by the County Program Manager. The County Program Manager must maintain copies of the County Program Manager’s written agreements with Sub-awardees, including any amendments to carry out the Program Projects. 4) To encumber and expend all TFCA Funds within two (2) years of receipt of the first payment of the TFCA funds (Expenditure Deadline) unless one of the following applies:
a) Multi-Year Funded Project: County Program Manager requests multi-year funding in compliance with the Guidance; and Air District approves the request for multi-year funding. b) Extensions of Expenditure Deadline:















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FYE 2024 TFCA County Program Manager Agreement 24-SOL Page 3 of 10 i. Action by County Program Manager: If consistent with the Policies and Guidance, the County Program Manager may extend the Expenditure Deadline for up to an additional two (2) years, but no later than December 31, 2027, by one of the following methods:

1. A particular Program Project application for funds states that the project will take a longer period of time to implement and an extension is approved in writing by the County Program Manager; or

2. The County Program Manager finds, based on the Sub-awardee’s application that despite significant progress on the particular Program Project, the Sub-awardee requires additional time to implement the Program Project and the County Program Manager approves the extension of time in writing. ii. Action by Air District: If consistent with the Policies and Guidance, the Air District may grant a further extension for a particular Program Project under the following circumstance:

1. The County Program Manager finds, based on the Sub-awardee’s application that despite significant progress on the particular Program Project, the Sub-awardee requires additional time to implement the Program Project (beyond the two years that the County Program Manager has already granted); the County Program Manager submits an extension request to the Air District no later than sixty (60) days prior to the end of the Expenditure Deadline; and the Air District approves the request in writing. 5) To return to the Air District any TFCA Funds and associated interest unexpended as per Section II, Paragraph 4.
6) To maintain, at all times during the term of this Agreement, a separate account or sub-ledger for all TFCA Funds and to withdraw funds from this separate account only for the reimbursement of costs to implement Program Projects. Failure to comply with this paragraph will constitute grounds for termination pursuant to Section IV, Paragraph 2 below. 7) To maintain, or cause to be maintained, adequate records to document and demonstrate to Air District staff and auditors the receipt, interest accrual, and expenditures of Air District funds to implement the Program.
8) To track and report to the Air District all interest accrued from TFCA Funds. a) The County Program Manager may not use interest from TFCA Funds for administrative purposes.
b) The County Program Manager’s distribution of any interest funds will be at the discretion of the County Program Manager, after consultation with the Air District and must be in accordance with the Policies and applicable State law.
9) To track and report to the Air District any TFCA Funds and associated interest unencumbered at the time of completion or termination of a Program Project. The distribution of any such funds and associated interest will be at the discretion of the County Program Manager, after consultation with the Air District. 














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FYE 2024 TFCA County Program Manager Agreement 24-SOL Page 4 of 10 10) To limit administrative costs to conduct the Program to no more than six and one quarter percent (6.25%) of the New FYE 2024 TFCA Allocation received by the County Program Manager.
11) To allow, and to require the Sub-awardees to allow, the Air District’s staff, its authorized representatives, and its independent auditors, during the term of this Agreement and for five (5) years from the end of each project’s Years of Effectiveness, to conduct performance and financial audits of the County’s Program and Program Projects and to inspect the Program Projects. During audits, the County Program Manager will make available to the Air District in a timely manner all records relating to the County Program Manager’s implementation of the Program and of Sub-awardees’ expenses and performance of their Program Projects.

During inspections, the County Program Manager will provide, at the request of the Air District, access to inspect a Sub-awardee’s Program Projects and related records. 12) To keep, and to require Sub-awardees to keep, all financial and Program Project implementation records necessary to demonstrate compliance with this Agreement and the Program. Such records include the reports required by Section II, Paragraphs 8 and 15 and those records required to demonstrate compliance with the terms of this Agreement, including those records specifically listed in Section II, Paragraphs 3, 6, 7, 8, 9, 10, 11, 13, 15, 16, and 20. Such records shall include documentation that demonstrates significant progress made for those Program Projects seeking extensions to the completion date. The County Program Manager must keep such documents in a central location, and require its Sub-awardee to keep such records at a central Sub-awardee location, for a period of five (5) years from the end of each project’s Years of Effectiveness. 13) To maintain, and to require that each Sub-awardee maintain, employee time sheets documenting those hourly labor costs incurred in the implementation of this Agreement, including both administrative and Program Project implementation costs, or to establish an alternative method to document staff costs charged to the funded project. 14) To distribute TFCA Funds allocated to a Sub-awardee only as reimbursement for documented Program Project costs that are eligible and approvable under the Policies. 15) To prepare and submit reports to the Air District as follows:
a) Semi-annual Funding Status Report: Beginning May 31, 2024, the County Program Manager must submit a report by May 31 and October 31 of each year until all Program Projects are completed that specifies a) the Program Projects that have been cancelled, completed, and completed at a cost less than the allocation during the previous six-month period and if completed at a lesser cost, the amount of associated unexpended funds; and b) the Program Projects for which the County Program Manager has extended any deadlines and, for those projects, the revised completion date and documentation of the County Program Manager’s certification that, pursuant to Health and Safety Code Section 44242(d), the Sub-awardee had made significant progress. b) Final Reports: Beginning May 31, 2024, the County Program Manager must submit by each May 31 and October 31, until all Program Projects are completed, a Final Report for each completed Program Project, which itemizes (a) the expenditure of the TFCA Funds, and (b) the results of the monitoring of the performance of each Program Project on Air District-approved report forms.















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FYE 2024 TFCA County Program Manager Agreement 24-SOL Page 5 of 10 c) Interim Project Reports: Beginning October 31, 2024, the County Program Manager must submit by each October 31 an Interim Project Report for each Program Project that has not been completed and which itemizes (a) the expenditure of the TFCA Funds, and (b) the status of each Program Project’s implementation on Air District-approved report forms.
d) If the due date for a report specified above falls on a weekend or on a State holiday, then that report is due on the following business day.
16) To acknowledge, and to require all Sub-awardees to acknowledge, the Air District as a Program Project’s funding source during the implementation of a Program Project and, if applicable, use the Air District’s approved logo as specified below:
a) The logo must be used on signs posted at the site of any Program Project construction. b) The logo must be displayed on any vehicles or equipment operated or obtained as part of a Program Project.
c) The logo must be used on any public information material relating to a Program Project, such as websites and printed materials, including transit schedules, brochures, handbooks, maps and other promotional materials.
d) The County Program Manager must retain documentation, such as photographs of vehicles and copies of press releases, demonstrating that Air District logos are used and displayed as required.
17) To assure that all TFCA Funds received under this Agreement are expended only in accordance with all applicable provisions of law for projects that are implemented directly by the County Program Manager, and to require Sub-awardees to expend the funds only in accordance with all applicable provisions of law.
18) To return, and to require that Sub-awardees promptly return, to the County Program Manager all TFCA Funds that are not expended in accordance with applicable provisions of law. 19) To return funds to the Air District, and require that Sub-awardees return their funds to the County Program Manager if a project is not maintained and/or operated throughout and until the conclusion of each Project’s Years of Effectiveness. The Project’s Years of Effectiveness is the default value stated in Appendix H of the Guidance for the applicable project type, unless a different value was approved and shown to yield a Project meeting the cost- effectiveness requirement in the Policies by the County Program Manager. The amount of funds returned to the County Program Manager will be calculated on a prorated basis. Any such funds returned to the County Program Manager must be reallocated to eligible TFCA Program Projects.
20) To obtain and maintain, and to require that each Sub-awardee obtain and maintain, throughout the Term of this Agreement, the insurance coverage specified in “Insurance Requirements,” Attachment B, and to comply with all insurance requirements set forth therein, including the provision of documentation of said insurance coverage. Failure to obtain and maintain the insurance coverage and to comply with all insurance requirements is a breach of this Agreement.















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FYE 2024 TFCA County Program Manager Agreement 24-SOL Page 6 of 10 21) To the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), to make available to the public and to require that Sub-awardees make available to the public any software, written documents, or other products developed with TFCA Funds. 22) To ensure that work products provided by the County Program Manager under this Agreement comply with Web Content Accessibility Guidelines 2.0, levels A and AA, and otherwise meet the accessibility requirements set forth in California Government Code Sections 7405 and 11135, Section 202 of the federal Americans with Disabilities Act (42 U.S.C. § 12132), and Section 508 of the federal Rehabilitation Act (29 U.S.C. § 794d) and the regulations promulgated thereunder (36 C.F.R. Parts 1193 and 1194). For any work products provided in PDF format, the County Program Manager shall also provide an electronic version in the original electric format (for example, Microsoft Word or Adobe InDesign).

SECTION III

AIR DISTRICT AGREES:
1) To pay the FYE 2024 TFCA monies, the amount of which is estimated on Attachment A, Summary Information, Line 3 and calculated as set forth in Section III, Paragraphs 1a and 1b below, for Program Projects and administration that are consistent with the Policies and this Agreement, in two payments. Payments will be made after this Agreement has been signed by both the County Program Manager and the Air District. Notwithstanding the above, the Air District is only obligated to pay that portion of the FYE 2024 TFCA monies that constitutes that portion of the fees subvened by the DMV for calendar year 2023 to the Air District for its allocation to the County Program Manager from the Program funds. To the extent the estimated FYE 2024 TFCA monies exceed the Motor Vehicle Fees that are received by the Air District and are available to the County Program Manager, the County Program Manager understands and agrees that the Air District will not pay the difference between the Motor Vehicle Fees available and the estimated FYE 2024 TFCA monies. a) To endeavor to forward the first payment within thirty (30) business days of the Air District receiving from the DMV all the revenues that comprise the payment. The first payment will represent the County’s proportionate share of the Program revenues generated from registration fees paid for motor vehicles that registered in Solano County between January 1, 2023, and June 30, 2023, less Air District’s administrative and audit costs.
b) To endeavor to forward the second payment within thirty (30) business days of the Air District receiving from the DMV all the revenues that comprise the payment. The second payment will represent the County’s proportionate share of the Program revenues generated from registration fees paid for motor vehicles that registered in Solano County between July 1, 2023, and December 31, 2023, less Air District’s administrative and audit costs.
2) To provide timely notice prior to conducting an audit. 














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FYE 2024 TFCA County Program Manager Agreement 24-SOL Page 7 of 10 3) To provide the County Program Manager, and any other requesting party, a copy of the fiscal and performance audits conducted pursuant to Section 44242 of the Health and Safety Code. 4) To provide the County Program Manager with all Air District-approved County Program Manager reporting forms required for the County Program Manager to submit pursuant to this Agreement, including the reports required pursuant to Section II, Paragraph 15 above. 5) To provide a copy of the Air District logo to the County Program Manager solely for use to fulfill the obligation under Section II.16 of this Agreement.

SECTION IV

IT IS MUTUALLY AGREED:
1) Term: The term of this Agreement is from July 1, 2023 to December 31, 2027, unless it is terminated or amended as provided for in Paragraphs 2 and 8 of this Section or elsewhere in this Agreement, or unless this Agreement has been fully satisfied. The County Program Manager’s records retention obligations under this Agreement continue beyond the Agreement’s termination date.

The Sub-awardee has two years to implement the project, unless the Expenditure Deadline is extended pursuant to Section II, Paragraph 4 for a particular Program Project. If the Expenditure Deadline is extended for a particular Program Project, the terms and conditions of this Agreement will continue to apply with respect to that particular Program Project until it is completed.
2) Termination: Either Party may terminate this Agreement at any time by giving written notice of termination to the other Party specifying the effective date thereof. Notice of termination under this paragraph must be given at least ninety (90) days before the effective date of such termination, unless the parties mutually agree to an earlier termination date. This Agreement will also terminate at the end of the fiscal year during which the Solano Transportation Authority loses its designation as County Program Manager for Solano County.
3) Indemnity: The County Program Manager agrees to indemnify and hold harmless the Air District, its employees, agents, representatives, and successors-in-interest against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance by the County Program Manager of its duties under this Agreement and must require Sub-awardees to indemnify and hold harmless the Air District, its employees, agents, representatives, and successors-in-interest against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of their performance of the project or operation or use of the equipment that is subject to this Agreement.
4) Notices: All notices that are required under this Agreement shall be provided in the manner set forth herein, unless specified otherwise. Notice to a party shall be delivered to the attention of the person at the address listed below, or to such other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent by e- mail.















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FYE 2024 TFCA County Program Manager Agreement 24-SOL Page 8 of 10

Notice shall be deemed to have been received on the date of such transmission, provided such date was a business day and delivered prior to 4:00 p.m. PST/PDT. Otherwise, receipt of notices shall be deemed to have occurred on the following business day.

DISTRICT: Bay Area Air Quality Management District
Attn: Director of Strategic Incentives
RE: County Program Manager Project # 24-SOL
375 Beale Street, Suite 600
San Francisco, CA 94105
[email protected]
COUNTY PROGRAM MANAGER: Solano Transportation Authority Attn: Daryl Halls, Executive Director
RE: County Program Manager Project # 24-SOL
423 Main Street
Suisun City, CA 94585
[email protected]

5) Program Liaison: Within thirty (30) days from the Effective Date of this Agreement, the County Program Manager shall notify the Air District of the County Program Manager’s Program Liaison and of the Liaison’s address, telephone number, and email address. The Program Liaison shall be the liaison to the Air District pertaining to implementation of this Agreement and shall be the contact for information about the Program and Program Projects. The County Program Manager shall notify the Air District of the change of Program Liaison or of the Liaison’s contact information in writing no later than thirty (30) days from the date of any change.
6) Additional Provisions and Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents that are reasonably required to carry out the provisions, intent and purpose of this Agreement. All attachments to this Agreement are expressly incorporated herein by this reference and made a part hereof as though fully set forth. 7) Integration: This Agreement, including all attachments hereto, represents the final, complete, and exclusive statement of the agreement between the Air District and the County Program Manager related to the Parties’ rights and obligations and subject matter described in this Agreement, and supersedes all prior and other contemporaneous understandings and agreements of the parties pertaining to the terms and conditions herein.

No Party has been induced to enter into this Agreement by, nor is any Party relying upon, any representation or warranty outside those expressly set forth herein. 8) Amendment: This Agreement may not be modified except in writing, signed by both Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.
9) Independent Contractor: Neither the County Program Manager nor its officers, employees, agents, or representative shall be considered employees or agents of the Air District. 10) Assignment: Neither Party shall assign, sell, license, or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the other Party. 














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FYE 2024 TFCA County Program Manager Agreement 24-SOL Page 9 of 10 11) Waiver: No waiver of a breach, of failure of any condition, or of any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Further, the failure of a Party to enforce performance by the other Party of any term, covenant, or condition of this Agreement, and the failure of a Party to exercise any rights or remedies hereunder, shall not be deemed a waiver or relinquishment by that Party to enforce future performance of any such terms, covenants, or conditions, or to exercise any future rights or remedies.
12) Severability: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. 13) Force Majeure: Neither the Air District nor the County Program Manager shall be liable for or deemed to be in default for any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil commotion, strikes, lockouts, labor disputes, fire or other casualty, judicial orders, governmental controls, regulations or restrictions, inability to obtain labor or materials or reasonable substitutes for labor or materials necessary for performance of this Agreement, or other causes, except financial that are beyond the reasonable control of the Air District or the County Program Manager. 14) Governing Law: Any dispute that arises under or relates to this Agreement shall be governed by California law, excluding any laws that direct the application of another jurisdiction’s laws. Venue for resolution of any dispute that arises under or relates to this Agreement, including mediation, shall be San Francisco, California. 15) Effective Date: The effective date of this Agreement is the date the Air District Executive Officer/Air Pollution Control Officer executes the Agreement (Effective Date). 16) Survival of Terms: Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled, and shall apply to both parties’ respective successors and assigns. Such terms include, but may not be limited to, Section II. Paragraph 7, 11, and 12 and Section IV. Paragraph 3 (Indemnity).
















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FYE 2024 TFCA County Program Manager Agreement 24-SOL Page 10 of 10 IN WITNESS WHEREOF, the County Program Manager and the Air District have entered into this Agreement as of the date listed below.

FOR AIR DISTRICT:

by: ________________________________
Philip M. Fine
Executive Officer/APCO
Bay Area Air Quality Management District
FOR COUNTY PROGRAM MANAGER:

by: __________________________________
Daryl Halls
Executive Director
Solano Transportation Authority

Date: ______________________________

Date: __________________________________

Approved as to form:

by: _________________________________
Alexander Crockett
District Counsel
Bay Area Air Quality Management District

Approved as to form (optional):

by: __________________________________

Legal Counsel


































 



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Attachment A 24-SOL FYE 2024

BAAQMD TFCA County Program Manager Fund Attachment A, Page 1 of 2

SummaryInformation

CountyProgramManagerAgencyName:SolanoTransportationAuthority Address:423MainStreet,SuisunCity,CA94585

Project Admin(max6.25%)[1]
Total(Project+
Admin)
1EstimatedFYE2024DMVrevenues(basedonprojectedCY2022revenues)Line1$319,500 
$21,300$340,800
2ReconciliationandReprogrammedFundsLine2$15,934$1,597 $17,531 Reconciliation:DifferencebetweenpriorͲyearestimateandactualrevenue $10,411$694$11,105 a.ActualFYE2022DMVrevenues(basedonCY2021)2a$328,974 $21,932$350,905 b.EstimatedFYE2022DMVrevenues2b$318,563 $21,238$339,800

Reprogrammed:Totalavailableforprogramming/reprogrammingtoother projects$5,523 $903 $6,426 c.Amountavailablefrompreviouslyfundedprojects2c$630 d.AdminexpendedinFYE20222d$21,028
e.InterestincomeearnedonTFCAfundsinCY20222e$4,893 3MovefundsavailablefromAdmintoProjects(Optional)Line3$Ͳ$Ͳ 4EstimatedTotalAvailableTFCAFunds(SumofLines1,2and3)Line4$335,434$22,897 $358,331

PercentageofEstimatedRevenueallocatedtoAdministrativeCosts(maximum of6.25%)
Previous%fromFYE2022ExpenditurePlan:6.25%
Current%forFYE2024:6.25%


[1]The“EstimatedTFCAfundsbudgetedforadministration”amountislistedforinformationalpurposesonly.PerCaliforniaHealthandSafetyCodeSection44233,CountyProgram Managersmustlimittheiradministrativecoststonomorethan6.25%oftheactualtotalrevenuereceivedfromtheAirDistrict.

















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Attachment A 24-SOL FYE 2024

BAAQMD TFCA County Program Manager Fund Attachment A, Page 2 of 2














Thispageintentionallyleftblank.




























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Attachment B 24-SOL FYE 2024
BAAQMD TFCA County Program Manager Fund Attachment B, Page 1 of 2

INSURANCE REQUIREMENTS

Verification of Coverage
The County Program Manager shall obtain and maintain certificates and/or other evidence of the insurance coverage required below. The Air District reserves the right to require the County Program Manager to provide complete, certified copies of any insurance offered in compliance with these specifications. Certificates, policies and other evidence provided shall specify that the Air District shall receive 30 days advanced notice of cancellation from the insurers.

Minimum Scope of Insurance
Throughout the Term as defined in Section IV of the Agreement, the County Program Manager shall obtain and maintain in full force and effect the Liability Insurance as set forth below, and shall require any third party and each Sub awardee to obtain and maintain in full force and effect the insurance as set forth below.

1. Liability Insurance with a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the County Program Manager and Sub-awardee, and to the operation of the vehicles, vessels, engines or equipment operated by the Sub-awardee.

2. Property Insurance in an amount of not less than the insurable value of Sub-awardee’s vehicles, vessels, engines or equipment funded under the Agreement, and covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment.

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

The Air District may, at its sole discretion, waive or alter this requirement or accept self- insurance in lieu of any required policy of insurance.
















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Attachment B 24-SOL FYE 2024
BAAQMD TFCA County Program Manager Fund Attachment B, Page 2 of 2 This page intentionally left blank.















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Agenda Item No: 7.

AGENDA REPORT
DATE:February 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024­35 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to Mountain Cascade Inc., for the Cadenasso Drive Pavement Reconstruction Project, Federal Aid Project No. STPL 5132­055 RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield secured a Federal Highway Administration (FHWA) grant to perform pavement maintenance on Cadenasso Drive and a portion of Auto Mall Parkway. This resolution approves the plans and specifications for the Cadenasso Drive Pavement Reconstruction Project – Federal Aid No.

STPL 5132­055 (Project) and awards a contract to Mountain Cascade Inc. (Mountain Cascade), of Livermore, California in the amount of $1,932,722.

DISCUSSION
Cadenasso Drive is a major collector that provides access to the Fairfield Transportation Center (FTC), retail shopping centers, and several auto dealerships. The pavement along Cadenasso Drive is in poor condition due to the heavy bus traffic, resulting in a Pavement Condition Index (PCI) score of 25/100 on Cadenasso Drive and 49/100 on Auto Mall Parkway. In 2021, the City received an 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:

Base Bid Improvements
Removal and replacement of 1.7 feet of pavement section on Cadenasso Drive ADA curb ramps and truncated domes
Signal and communications interconnection conduit
Striping/pavement markings
Bid Additive Improvements

2.5­inch mill and overlay on Auto Mall Parkway from the Home Depot driveway entrance to Cadenasso Drive
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Agenda Item No: 7.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024­35 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Mountain Cascade Inc., for the CadenassoDrive Pavement Reconstruction Project, Federal Aid Project No. STPL 5132­055RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield secured a Federal Highway Administration (FHWA) grant to perform pavementmaintenance on Cadenasso Drive and a portion of Auto Mall Parkway. This resolution approves theplans and specifications for the Cadenasso Drive Pavement Reconstruction Project – Federal Aid No.STPL 5132­055 (Project) and awards a contract to Mountain Cascade Inc. (Mountain Cascade), ofLivermore, California in the amount of $1,932,722.DISCUSSIONCadenasso Drive is a major collector that provides access to the Fairfield Transportation Center (FTC),retail shopping centers, and several auto dealerships. The pavement along Cadenasso Drive is in poorcondition due to the heavy bus traffic, resulting in a Pavement Condition Index (PCI) score of 25/100 onCadenasso Drive and 49/100 on Auto Mall Parkway. In 2021, the City received an FHWA grant in theamount of $1,394,000 from the Surface Transportation Program (STPL) to construct the Project. TheProject improvements include, but are not limited to the following:Base Bid ImprovementsRemoval and replacement of 1.7 feet of pavement section on Cadenasso DriveADA curb ramps and truncated domesSignal and communications interconnection conduitStriping/pavement markingsBid Additive Improvements

2.5­inch mill and overlay on Auto Mall Parkway from the Home Depot driveway entrance to Cadenasso Drive
Staff initially advertised the Project from June 16, 2023, to July 18, 2023. On the day of bid opening, one bid was received in the amount of $3,299,430.70. On September 5, 2023, staff recommended that City Council reject the bid for the following reasons:

The bid amount of $3,299,430.70 was significantly higher than the Project budget. The engineer’s estimate at the time was $2,630,000.

Staff could not determine if the bid was a fair price because only one bid was submitted.

After contacting multiple contractors, staff believed that re­advertising the Project with a bid opening in the beginning of 2024 would lead to multiple contractors submitting a bid.

After examining the sole bid closely, staff also determined that the cost of removing and replacing the pavement section was a factor that led to the sole bid being significantly higher than the Project budget.

The previous design included the replacement of 2.8 feet of pavement section (0.7 feet of asphalt concrete over 2.1 feet aggregate base).

To reduce the cost without decreasing the structural integrity of the pavement, geogrid material was introduced to the design. Geogrids are geosynthetic materials that are used to provide soil reinforcement. Geogrids have been successfully installed throughout California with a proven track record of providing reinforcement. With the addition of the geogrid, staff was able to reduce the replacement of the pavement section from 2.8 feet to 1.7 feet (0.6 feet over 1.1 feet of asphalt over geogrid).

After the Project was re­designed, staff advertised the Project from December 8, 2023, to January 16, 2024. Four bids were received, ranging from $1,932,722 to $2,606,240. The engineer’s estimate for the Project is $2,650,000. The basis for the award is determined by the base bid amount. The apparent low base bid was submitted by Mountain Cascade. Staff reviewed Mountain Cascade’s bid and determined that the bid was responsible and responsive. Mountain Cascade’s bid schedule is broken down in the table below.

Description Mountain Cascade
Inc.

Base Bid $1,655,002
Bid Additive $277,720
Total (Base Bid + Bid Additive)$1,932,722
The revised design with the geogrid saved roughly $1,300,000 in cost compared to the initial bid opening on July 18, 2023. There is sufficient budget, and staff recommends awarding both the base bid and the bid additive. Awarding the bid additive will increase the service life of the pavement on Auto Mall Parkway along with Cadenasso Drive.

After the Project is awarded, staff will work closely with the Marketing and Outreach Division (MOD) team to inform the public of the Project and the potential impacts residents and business owners may experience from construction activities. Once a construction schedule has been solidified, staff will re­ engage the public and businesses in the surrounding area.

FINANCIAL IMPACT
The construction authorization for this Project will be $2,222,631, which is the total bid amount plus a 15% contingency ($1,932,722 total bid + $289,909 contingency), due to the potential underground utility conflicts with a deep pavement reconstruction. Funding for this Project is captured in Project No.

CPW070030. Project funds include $1,394,000 in STPL federal grant funds and the remaining amount of $828,631 is covered through local funding utilizing General Fund (Fund 101) and SB1 Fund.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
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Agenda Item No: 7.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024­35 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Mountain Cascade Inc., for the CadenassoDrive Pavement Reconstruction Project, Federal Aid Project No. STPL 5132­055RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield secured a Federal Highway Administration (FHWA) grant to perform pavementmaintenance on Cadenasso Drive and a portion of Auto Mall Parkway. This resolution approves theplans and specifications for the Cadenasso Drive Pavement Reconstruction Project – Federal Aid No.STPL 5132­055 (Project) and awards a contract to Mountain Cascade Inc. (Mountain Cascade), ofLivermore, California in the amount of $1,932,722.DISCUSSIONCadenasso Drive is a major collector that provides access to the Fairfield Transportation Center (FTC),retail shopping centers, and several auto dealerships. The pavement along Cadenasso Drive is in poorcondition due to the heavy bus traffic, resulting in a Pavement Condition Index (PCI) score of 25/100 onCadenasso Drive and 49/100 on Auto Mall Parkway. In 2021, the City received an FHWA grant in theamount of $1,394,000 from the Surface Transportation Program (STPL) to construct the Project. TheProject improvements include, but are not limited to the following:Base Bid ImprovementsRemoval and replacement of 1.7 feet of pavement section on Cadenasso DriveADA curb ramps and truncated domesSignal and communications interconnection conduitStriping/pavement markingsBid Additive Improvements2.5­inch mill and overlay on Auto Mall Parkway from the Home Depot driveway entrance toCadenasso DriveStaff initially advertised the Project from June 16, 2023, to July 18, 2023. On the day of bid opening,one bid was received in the amount of $3,299,430.70. On September 5, 2023, staff recommended thatCity Council reject the bid for the following reasons:The bid amount of $3,299,430.70 was significantly higher than the Project budget. The engineer’sestimate at the time was $2,630,000.Staff could not determine if the bid was a fair price because only one bid was submitted.After contacting multiple contractors, staff believed that re­advertising the Project with a bidopening in the beginning of 2024 would lead to multiple contractors submitting a bid.After examining the sole bid closely, staff also determined that the cost of removing and replacing thepavement section was a factor that led to the sole bid being significantly higher than the Project budget.The previous design included the replacement of 2.8 feet of pavement section (0.7 feet of asphaltconcrete over 2.1 feet aggregate base).  To reduce the cost without decreasing the structural integrity of the pavement, geogrid material wasintroduced to the design. Geogrids are geosynthetic materials that are used to provide soilreinforcement. Geogrids have been successfully installed throughout California with a proven trackrecord of providing reinforcement. With the addition of the geogrid, staff was able to reduce thereplacement of the pavement section from 2.8 feet to 1.7 feet (0.6 feet over 1.1 feet of asphalt overgeogrid).  After the Project was re­designed, staff advertised the Project from December 8, 2023, to January 16,2024. Four bids were received, ranging from $1,932,722 to $2,606,240. The engineer’s estimate forthe Project is $2,650,000. The basis for the award is determined by the base bid amount. The apparentlow base bid was submitted by Mountain Cascade. Staff reviewed Mountain Cascade’s bid anddetermined that the bid was responsible and responsive. Mountain Cascade’s bid schedule is brokendown in the table below.Description Mountain CascadeInc.Base Bid $1,655,002Bid Additive $277,720Total (Base Bid + Bid Additive)$1,932,722The revised design with the geogrid saved roughly $1,300,000 in cost compared to the initial bidopening on July 18, 2023. There is sufficient budget, and staff recommends awarding both the base bidand the bid additive. Awarding the bid additive will increase the service life of the pavement on AutoMall Parkway along with Cadenasso Drive.   After the Project is awarded, staff will work closely with the Marketing and Outreach Division (MOD)team to inform the public of the Project and the potential impacts residents and business owners mayexperience from construction activities. Once a construction schedule has been solidified, staff will re­engage the public and businesses in the surrounding area.FINANCIAL IMPACTThe construction authorization for this Project will be $2,222,631, which is the total bid amount plus a15% contingency ($1,932,722 total bid + $289,909 contingency), due to the potential underground utilityconflicts with a deep pavement reconstruction. Funding for this Project is captured in Project No.CPW070030. Project funds include $1,394,000 in STPL federal grant funds and the remaining amountof $828,631 is covered through local funding utilizing General Fund (Fund 101) and SB1 Fund.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to reject all bids, but this is not recommended because this may result in losing the grant funds needed to complete the Project. Because the Project is also weather dependent, staff does not recommend delaying the award of the Project. Delaying the award would have determinantal impacts to the construction schedule and potentially increase the severity of the traffic congestion in and around the Project area.

STAFF CONTACT
Phil Layoso, Assistant Engineer
(707) 428­7505
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Bid Results
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 2/5/2024 ­ 8:56 PM
Kaushal, Paul Approved 2/5/2024 ­ 9:12 PM
Dombrowski, Delaney Approved 2/6/2024 ­ 11:16 AM
Dombrowski, Delaney Approved 2/6/2024 ­ 11:20 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-35

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO MOUNTAIN CASCADE INC., FOR THE CADENASSO DRIVE PAVEMENT RECONSTRUCTION PROJECT, FEDERAL AID PROJECT NO. STPL 5132-055

WHEREAS, the Cadenasso Drive Pavement Reconstruction Project, Federal Aid Project No. STPL 5132-055 (Project), was selected to receive $1,394,000 in Surface Transportation Program funds; and

WHEREAS, the bid opening for the Project took place on January 16, 2024; and

WHEREAS, the apparent low bid was submitted by Mountain Cascade Inc. (Mountain Cascade), in the amount of $1,932,722; and

WHEREAS, staff has reviewed the bid documents from Mountain Cascade and found them to be in order; and

WHEREAS, staff is recommending that the City Council award the contract to Mountain Cascade as the lowest responsive and responsible bidder in the amount of $1,932,722.

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

Section 1. The plans and specifications for the Project are hereby approved.

Section 2. The city manager is authorized to enter into a contract with Mountain Cascade for the Project in the amount of $1,932,722.

Section 3. The public works director is hereby authorized to execute and administer change orders for an amount not-to-exceed 15% ($289,909) of the above contract amount.

Section 4. The city manager is authorized to enter into an escrow agreement for security deposits in lieu of retention for said contract, if necessary.

Section 5. The city manager is hereby authorized to implement the above-mentioned contract.

Packet Page 206 of 423Attachment 1 Page 1 of 2

RES. NO. 2024-35

PASSED AND ADOPTED this 20th day of February 2024, 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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City of Fairfield
Public Works Department

CADENASSO DRIVE PAVEMENT RECONSTRUCTION

PROJECT
FEDERAL AID PROJECT NO: STPL-5132(055)

January 16, 2024, 2:00 p.m.

DATE OF BID

NO. BIDDER AMOUNT
1 Mountain Cascade, Inc Livermore, CA $1,655,002.00 (Base Bid) $277,720.00 (Bid Additive)
2 Granite Rock company San Jose, CA $2,013,088.00 (Base Bid) $185,032.50 (Bid Additive)
3 Ghilotti Bros. Inc San Rafael, CA $ 2,205,615.00 (Base Bid) $400,625.00 (Bid Additive)
4 B & M Builders, Inc Rancho Cordova, CA $ 2,228,719.00 (Base Bid) $300,000.00 (Bid Additive)

Engineer’s Estimate $2,650,000
Packet Page 208 of 423Attachment 2 Page 1 of 1

Agenda Item No: 8.

AGENDA REPORT
DATE:February 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024­36 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase Two Portable Bus Scaffolding Systems for FAST Battery Electric Buses
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Fairfield’s transit system, FAST, has ordered its first three battery electric buses which were delivered in January 2024, to replace three 21­year­old buses. FAST and the Public Works Department’s Fleet Division have been researching a solution that would allow Fleet staff to safely work on top of these new buses. The cost of two new portable bus scaffolding system solutions is included in the fiscal year (FY) 2023­2024 budget. Adopting this resolution would suspend competitive bidding and authorize the city manager to purchase two portable bus scaffolding systems from General Steel Products, Co., Inc. (General Steel Products).

DISCUSSION
The California Air Resources Board (CARB) has adopted an Innovative Clean Transit, Advanced Clean Fleet, Advanced Clean Cars II, and In­Use Off­Road updated regulations. These regulations are meant to speed up the Zero Emission Vehicle (ZEV) adoption in California, with required purchases starting for government agencies in the 2024 calendar year. The CARB definition of electrification is for agencies to either use battery electric or hydrogen fuel cell technology to meet ZEV regulations. The City plans to utilize battery electric technology.

The design of a Battery Electric Bus (BEB) requires the batteries and HVAC system to be on the roof of the bus. The Occupational Safety and Health Administration (OSHA) requires a fall protection system for employees to perform rooftop inspections or repairs to these systems. This can be accomplished by either using a harness system that is attached to the roof of the maintenance facility while the bus is inside or by using a wraparound bus scaffolding system. The City’s current maintenance facility does not meet OSHA requirements to perform high voltage related maintenance inside. The most effective option at this time is to perform that work outside of the maintenance facility using a bus scaffolding Packet Page 209 of 423

Agenda Item No: 8.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024­36 of the City Council of the City of Fairfield Suspending CompetitiveBidding and Authorizing the City Manager to Purchase Two Portable Bus ScaffoldingSystems for FAST Battery Electric BusesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEFairfield’s transit system, FAST, has ordered its first three battery electric buses which were delivered inJanuary 2024, to replace three 21­year­old buses. FAST and the Public Works Department’s FleetDivision have been researching a solution that would allow Fleet staff to safely work on top of these newbuses. The cost of two new portable bus scaffolding system solutions is included in the fiscal year (FY)2023­2024 budget. Adopting this resolution would suspend competitive bidding and authorize the citymanager to purchase two portable bus scaffolding systems from General Steel Products, Co., Inc.(General Steel Products).DISCUSSIONThe California Air Resources Board (CARB) has adopted an Innovative Clean Transit, Advanced CleanFleet, Advanced Clean Cars II, and In­Use Off­Road updated regulations. These regulations are meantto speed up the Zero Emission Vehicle (ZEV) adoption in California, with required purchases startingfor government agencies in the 2024 calendar year. The CARB definition of electrification is foragencies to either use battery electric or hydrogen fuel cell technology to meet ZEV regulations. TheCity plans to utilize battery electric technology.The design of a Battery Electric Bus (BEB) requires the batteries and HVAC system to be on the roof ofthe bus. The Occupational Safety and Health Administration (OSHA) requires a fall protection systemfor employees to perform rooftop inspections or repairs to these systems. This can be accomplished byeither using a harness system that is attached to the roof of the maintenance facility while the bus isinside or by using a wraparound bus scaffolding system. The City’s current maintenance facility does not meet OSHA requirements to perform high voltage related maintenance inside. The most effective option at this time is to perform that work outside of the maintenance facility using a bus scaffolding system to keep employees safe. While not an ideal situation when there is inclement weather, staff will work with this temporary condition until the maintenance facility can be modified to work on BEBs inside.

Staff have researched the technical requirements and availability of bus scaffolding systems and found them to be very complicated with limited availability. General Steel Products is the main supplier of these systems to transit agencies in the U.S. Their systems are made in the U.S. and meet Buy America requirements.

Staff recommends the adoption of the attached resolution to suspend competitive bidding and authorize the purchase of two portable bus scaffolding systems from General Steel Products for the amount of $192,200 plus taxes. Since the City has experienced supply chain issues over the past year, causing rising prices and delays in the procurement of specialty products such as specialty shop equipment, staff recommends a 10% price contingency of $19,220 for a total not­to­exceed authorization of $211,420 plus taxes.

FINANCIAL IMPACT
The total cost of the two portable bus scaffolding system is not­to­exceed $211,420 plus taxes and a 10% contingency ($192,200 base cost + $19,220 contingency). This purchase is budgeted in the FY 2023­2024 Public Works Transit fund (Fund 451, Responsibility Code 60599) using Low Carbon Transit Operations Program (LCTOP) funds. There is no impact on the General Fund.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose not to adopt the proposed resolution, however, this is not recommended due to the need to provide efficient public transit services.

STAFF CONTACT
David Renschler, Fleet Division Manager
(707) 428­7414
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 2/5/2024 ­ 9:14 PM
Dombrowski, Delaney Approved 2/6/2024 ­ 11:22 AM
Dombrowski, Delaney Approved 2/6/2024 ­ 11:22 AM
Packet Page 210 of 423

CITY OF FAIRFIELD

RESOLUTION NO. 2024-36

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

BIDDING AND AUTHORIZING THE CITY MANAGER TO PURCHASE TWO PORTABLE BUS

SCAFFOLDING SYSTEMS FOR FAST BATTERY ELECTRIC BUSES

WHEREAS, the Public Works Department needs to purchase two portable bus scaffolding systems for three new FAST electric buses; and

WHEREAS, General Steel Products Co., Inc. (General Streel Products) sells specialty portable bus scaffolding systems that are made in the U.S. to transit agencies throughout the country; and

WHEREAS, General Steel Products is the City’s preferred vendor to purchase two scaffolding systems from so that the City can maintain its electric buses at the City’s Corporation Yard.

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

Section 1. City Council hereby suspends competitive bidding and authorizes the city manager to purchase two portable bus scaffolding systems in the amount not-to-exceed $192,200 plus taxes from General Steel Products.

Section 2. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed $19,220.

Packet Page 211 of 423Attachment 1 Page 1 of 2

RES. NO. 2024-36

PASSED AND ADOPTED this 20th day of February 2024, 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 212 of 423Attachment 1 Page 2 of 2

Agenda Item No: 9.

AGENDA REPORT
DATE:February 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024­37 of the City Council of the City of Fairfield Approving a Grant Agreement between the Bay Area Air Quality Management District (BAAQMD) and the City of Fairfield to Receive Carl Moyer Grant Funds for the Municipal Fleet Electrification Project
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The proposed resolution would authorize the city manager to execute a grant agreement totaling $330,000 between the Bay Area Air Quality Management District (BAAQMD) and the City of Fairfield to fund infrastructure and equipment for the electrification of the municipal fleet at the City’s Corporation Yard.

DISCUSSION
Since 1998, the Carl Moyer Memorial Air Quality Standards Attainment Program (Carl Moyer Program) has cost­effectively reduced smog­forming and toxic emissions. Most recently, Senate Bill (SB) 513 (Beall, 2015) has provided new opportunities for the Carl Moyer Program to contribute significant emission reductions alongside implemented regulations, advance zero and near­zero technologies, as well as combine program funds with those of other incentive programs.

The City is in the process of transitioning its transit and municipal fleet at the Corporation Yard to zero­ emission battery­electric vehicles (ZEVs). The City has completed planning work, secured additional power from Pacific Gas & Electric, and is in the environmental review and preliminary design stage for the first phase (Phase 1A) of this project.

Entering into a grant agreement with BAAQMD will provide much needed financial assistance to the municipal fleet and showcase the City's commitment to environmental sustainability and cleaner air. The grant funds will be utilized for the installation of eight DC Fast Chargers, four CP6000 Chargers, and four ABB Terra 1844 Chargers with associated electrical conduit and infrastructure to support medium and heavy­duty vehicles at the Corporation Yard.

Packet Page 213 of 423

Agenda Item No: 9.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024­37 of the City Council of the City of Fairfield Approving a GrantAgreement between the Bay Area Air Quality Management District (BAAQMD) and theCity of Fairfield to Receive Carl Moyer Grant Funds for the Municipal FleetElectrification ProjectRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe proposed resolution would authorize the city manager to execute a grant agreement totaling$330,000 between the Bay Area Air Quality Management District (BAAQMD) and the City of Fairfield tofund infrastructure and equipment for the electrification of the municipal fleet at the City’s CorporationYard.DISCUSSIONSince 1998, the Carl Moyer Memorial Air Quality Standards Attainment Program (Carl Moyer Program)has cost­effectively reduced smog­forming and toxic emissions. Most recently, Senate Bill (SB) 513(Beall, 2015) has provided new opportunities for the Carl Moyer Program to contribute significantemission reductions alongside implemented regulations, advance zero and near­zero technologies, aswell as combine program funds with those of other incentive programs.The City is in the process of transitioning its transit and municipal fleet at the Corporation Yard to zero­emission battery­electric vehicles (ZEVs). The City has completed planning work, secured additionalpower from Pacific Gas & Electric, and is in the environmental review and preliminary design stage forthe first phase (Phase 1A) of this project.Entering into a grant agreement with BAAQMD will provide much needed financial assistance to themunicipal fleet and showcase the City's commitment to environmental sustainability and cleaner air. Thegrant funds will be utilized for the installation of eight DC Fast Chargers, four CP6000 Chargers, and four ABB Terra 1844 Chargers with associated electrical conduit and infrastructure to support medium and heavy­duty vehicles at the Corporation Yard.

FINANCIAL IMPACT
The City anticipates receiving up to $330,000 from the BAAQMD’s Carl Moyer Program for electrification. The program requires no local match but will be leveraging existing Pacific Gas and Electric Company Electric Vehicle Fleet Program incentives and Federal Transit Administration funding for the project. There is no impact on the general fund.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose not to enter into a grant agreement with BAAQMD to accept $330,000 in Carl Moyer Program funds. However, this option would relinquish the $330,000 award and result in the City needing to obtain funds to cover the municipal fleets electrification project costs.

STAFF CONTACT
Shaun Vigil, Transit Operations Manager
(707) 434­3807
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Grant Agreement
REVIEWERS:

Reviewer Action Date
Feinstein, Diane Approved 2/5/2024 ­ 2:48 PM
Kaushal, Paul Approved 2/5/2024 ­ 9:13 PM
Dombrowski, Delaney Approved 2/6/2024 ­ 11:21 AM
Dombrowski, Delaney Approved 2/6/2024 ­ 11:21 AM
Packet Page 214 of 423

CITY OF FAIRFIELD

RESOLUTION NO. 2024-37

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

AGREEMENT BETWEEN THE BAY AIR QUALITY MANAGEMENT DISTRICT (BAAQMD) AND CITY

OF FAIRFIELD TO RECEIVE CARL MOYER GRANT FUNDS FOR THE MUNICIPAL FLEET

ELECTRIFICATION PROJECT

WHEREAS, the Carl Moyer Memorial Air Quality Standards Attainment Program (Carl Moyer Program) has cost-effectively reduced smog-forming and toxic emissions since 1998. Most recently, Senate Bill (SB) 513 (Beall, 2015) has provided new opportunities for the Carl Moyer Program to contribute significant emission reductions alongside implemented regulations, advance zero and near-zero technologies, and combine program funds with those of other incentive programs; and

WHEREAS, the City was awarded $330,000 in Carl Moyer Program funds for the Transit and Municipal Fleet Corporation Yard Electrification Project (Project); and

WHEREAS, the City wishes to purchase equipment and implement electric infrastructure upgrades at the Corporation Yard through the Carl Moyer Program funds.

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

Section 1. The city manager is hereby authorized on behalf of the City of Fairfield to execute the Carl Moyer Grant Agreement between the Bay Area Air Quality Management District and the City of Fairfield.

Section 2. The City hereby agrees to implement the Project in accordance with the terms and conditions of this agreement and all attachments hereto and the California Air Resources Board Program Guidelines.

Packet Page 215 of 423Attachment 1 Page 1 of 2

RES. NO. 2024-37

PASSED AND ADOPTED this 20th day of February 2024, 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 216 of 423Attachment 1 Page 2 of 2

DocuSign Envelope ID: 80D6015E-B 141-48B 1-A85A-6648C22D 17 5F B.\ \Q\11)

CARL MOYER PROGRAM GRANT AGREEMENT

BETWEEN

THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT
AND

CITY OF FAIRFIELD
23MOY182
This Carl Moyer Program grant agreement ("Agreement") is made and entered into between City of Fairfield, hereinafter referred to as "Grantee," and the Bay Area Air Quality Management District, hereinafter referred to as the "Granter" or "Air District," hereinafter collectively referred to as the "Parties."

RECITALS
I) The Carl Moyer Memorial Air Quality Standards Attainment Program, California Health and Safety Code section 44275 et seq. ("Program"), is an incentive program to provide grants in order to reduce emissions of oxides of nitrogen, particulate matter (PM I 0), and reactive organic compounds in the State from sources of air pollution, such as heavy-duty and light-duty diesel vehicles, off-road construction equipment, marine vessels, and agricultural sources of pollution, by measures such as replacement of engines with cleaner- than-required engines or installation of emission reduction equipment. 2) The California Air Resources Board ("CARB"), which oversees and administers the Program, has adopted guidelines and criteria for the Program's implementation entitled The Carl Moyer Program Guidelines, Approved Revision 2017 and subsequent CARB advisories issued for Program implementation (together the "CARB Program Guidelines"). The Air District implements the Program in the San Francisco Bay Area air basin in accordance with the CARB Program Guidelines and the criteria and guidelines of the Air District.
3) Based on the information provided in the Grantee's project application, the Air District determined that the Grantee proposed a project ("Project", the details of which are presented in Attachment A) to replace or install equipment that is eligible for Program funding and meets the CARB Program Guidelines and the Air District's criteria and guidelines, including cost-effectiveness requirements. In entering into this Agreement, the Air District has relied upon the representations in Grantee's project application. 4) This Agreement is made pursuant to and in accordance with the requirements of the Program, established by the California State Legislature and implemented by CARB. All equipment funded under the terms of this Agreement ("Project Equipment") must meet the applicable requirements set forth in the CARB Program Guidelines. Any questions or disputes the Parties may have regarding the implementation of this Agreement shall be resolved in accordance with the CARB Program Guidelines. 5) On April 6, 2022, the Board of Directors of the Air District authorized the Air District's Executive Officer/ APCO to execute Grant Agreements for projects meeting all of the CARB Program Guidelines and Air District criteria with total individual grant amounts up to $500,000.

SECTION I
GRANTEE AGREES:
l) To implement the Project in accordance with the terms and conditions of this Agreement and all attachments hereto and the CARB Program Guidelines, which are incorporated herein by reference. Failure to comply with the terms and conditions of this Agreement, including requirements in attachments hereto and in the CARB Program Guidelines will be deemed a breach of this Agreement, and upon any such breach the Air District may pursue any remedies available under law, including requiring repayment of any funds awarded under this Agreement and/or terminating this Agreement pursuant to the termination 23MOY182 l of 18
Form 5-20231NF
Packet Page 217 of 423Attachment 2 Page 1 of 18

D o cu S ig n E n ve lo p e ID : 80 O 6 0 15 E -B 14 1-4 8 B 1-A 8 5 A -6 6 4 8 C 2 2 O 17 5 F It\ \{).\II ) Carl .\lo, er l'rngram ( ;ranl \grcenwnl
provisions herein. A breach of this Agreement may also disqualify Grantee from participating in future Air District incentive programs, at the discretion of the Air District. 2) To maintain each piece of Project Equipment according to the manufacturer's specifications throughout each respective Project Equipment Operational Period, as defined in Section III . I below. No tampering or modification of the Project Equipment is allowed.
3) To complete the Project in accordance with the payment and reporting conditions identified in Attachment A. The Air District's funding obligation under this Agreement is limited to reimbursement of a percentage of Eligible Costs, as detailed herein, and reimbursement shall not exceed the Total Grant Funds Available, as specified in Attachment A, Paragraph 4. Any Project cost overruns are the sole responsibility of the Grantee.
4) To allow the staff and third-party representatives of the Air District and CARB to inspect the Project Equipment and to conduct financial and performance audits of the Project. Grantee agrees that the Air District, CARB, the CA Department of General Services, CA Department of Finance, the CA Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Project. Grantee further agrees to cooperate fully with such inspections and audits, including providing on a timely basis copies of any Project records related to performance of this Agreement requested by the Air District or CARB. 5) To acknowledge the Air District and the Carl Moyer Program as a funding source for the Project in any related media events, articles, news releases, or other publicity materials. Grantee must obtain prior written approval by the Air District in order to disseminate any report or other document describing the Program, the Project, or this Agreement.
6) To expend funds received under this Agreement only in accordance with the requirements of the Program, this Agreement, and all applicable provisions of law and regulations. 7) To permanently destroy and remove from service any equipment replaced as part of the Project ("Baseline Equipment") and to provide documentation to support destruction of the Baseline Equipment. 8) To operate and monitor the operation of each piece of Project Equipment throughout the Project Equipment Operational Period defined in Section 111.1 below. Grantee will notify the Air District in writing of any change in registration or operational status of any Project Equipment funded and installed under this Agreement within ten (10) business days of its occurrence. For purposes of this Agreement, a "change in operational status" occurs whenever any Project Equipment is removed from active service, relocated outside the boundaries of the Air District, wrecked, scrapped, sold, assigned, or transferred to another entity, before full completion of the Project Equipment Operational Period.

If Grantee fails to provide the required written notice of a change in operational status on a timely basis, the Grantee is subject to the repayment requirements set forth in Paragraph 15 of Attachment A.

If the Grantee wishes to assign, transfer, or sell the Project Equipment to another entity before its contractual requirements have been satisfied, the new entity must agree to assume all of the outstanding requirements and sign a successor agreement with the Air District. If the new owner does not sign a successor agreement and assume all the outstanding contractual requirements, the original owner (Grantee) is subject to the repayment requirements set forth in Paragraph 15 of Attachment A. 9) To neither seek nor accept other private or public financial incentives for the Project without prior written approval from the Air District.
10) To obtain and maintain the insurance coverage specified in "Insurance Requirements," Attachment B, and to comply with all insurance requirements set forth therein, including the provision of documentation of said insurance coverage.
23MOY182 2 of 18
Form 5-20231NF
Packet Page 218 of 423Attachment 2 Page 2 of 18

DocuSign Envelope ID: 80O6015E-B 141-48B 1-A85A-6648C22O175F IL \ \ () .\11> ( ·arl .\lo, er Prn}.(ram ( ;ranf \~l'l't'lll CIII 11) To use the Air District's approved logo on any printed material intended for public consumption associated with the Project and on any signs posted at the site of any construction associated with the Project. The logo provided by the Air District shall be displayed on the Project Equipment identified in Attachment A, Paragraph 5.
12) To maintain and retain the Project records for at least three years after Agreement Term ends. 13) To comply with all "Special Conditions," set forth in Attachment A. 14) To comply with the following nondiscrimination and compliance provisions: During the performance of this Agreement, the Grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, sexual orientation, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (over 40), sexual orientation, or veteran or military status, or allow denial of family-care leave, medical-care leave, or pregnancy-disability leave. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The Grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, title 2, section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all agreements with contractors to perform work funded by this Agreement.
15) To be bound by and meet the requirements of all applicable provisions of State Labor Code Section 1720- 1861 regarding prevailing wages paid to workers employed on public works and labor compliance and to provide confirmation of compliance if requested.
16) To accept tax liability associated with accepting grant funds. 17) To ensure that work products submitted to CARB, uploaded, or otherwise provided to CARB by the Grantee and/or its subcontractors under this Agreement comply with Web Content Accessibility Guidelines

2.0, levels A and AA, and otherwise meet the accessibility requirements set forth in California Government Code Sections 7405 and 11135, Section 202 of the federal Americans with Disabilities Act (42 U.S.C. § 12132), and Section 508 of the federal Rehabilitation Act (29 U.S.C. § 794d) and the regulations promulgated thereunder (36 C.F.R. Parts 1193 and 1194). For any work product provided to CARB in PDF format, the Grantee shall also provide an electronic version in the original electronic format (for example, Microsoft Word or Adobe InDesign).

SECTION II
AIR DISTRICT AGREES:
1) To reimburse Grantee for a percentage of Eligible Costs in an amount not to exceed the "Total Grant Funds Available," set forth in Attachment A.
2) To endeavor to pay a percentage of the undisputed invoiced amount of the Eligible Costs incurred, and as adjusted for any Cost Reductions and/or in the case that Grantee has received funding from an Air District approved co-funding incentive source, within thirty (30) calendar days of receipt of the invoice. 3) To deliver the payment following the Air District's verification that Grantee has completed the Project.

Verification by Air District will include physical inspection of any Project Equipment specified in 23MOY182 3 of 18
Form 5-20231NF
Packet Page 219 of 423Attachment 2 Page 3 of 18

DocuSign Envelope ID: 80D6015E-B 141-48B1-A85A-6648C22D17 5F B.\ \()\II) Carl .\lo~ er l'rn~ra111 ( ;ran1 .\~l'l'l't11e11t Attachment A, confirmation that the Project Equipment is operational and in service, and review of evidence of the permanent destruction of any Baseline Equipment replaced as part of the Project. 4) To provide reasonable notice to Grantee prior to Air District or CARB inspection or audit of the Project.

What constitutes "reasonable notice" may be based in part upon any prior notice from CARB received by the Air District of such CARB audit or inspection.
5) CARB is an intended third-party beneficiary of this Agreement and shall have the right to enforce the terms of the Agreement to ensure emission reductions are obtained. 6) Availability of Funds: Air District's obligations under this Agreement are contingent upon the availability of funds. In the event such funds are not available, Air District will have no liability to pay any funds to the Grantee or to furnish any other consideration under this Agreement.

SECTION TIT
AIR DISTRICT AND GRANTEE AGREE:
1) Agreement Term, Project Equipment Operational Period, and Project Term: The term of this Agreement ("Agreement Term") begins on the Effective Date and shall remain in effect until the conclusion of all Project Equipment Operational Periods, as set forth in Attachment A unless this Agreement is terminated earlier. A Project Equipment Operational Period begins when the piece of Project Equipment has been successfully inspected by the Air District and concludes upon the satisfaction of the usage requirement and project life requirement for that piece of Project Equipment. The Project Term begins at the start of the earliest Project Equipment Operational Period and ends at the conclusion of all Project Equipment Operational Periods. The Project Equipment Operational Period for each piece of Project Equipment is set forth in Table 1 of Attachment A. In no event shall Grantee operate a piece of Project Equipment for less than the minimum project term specified in the CARB Program Guidelines. 2) Termination:
a) Either Party may terminate this Agreement at will and without specifying any reason at any time prior to the Air District's transfer of Project funds by notifying the other Party in writing. The notice of termination shall specify the effective date of termination, which shall be no less than thirty (30) calendar days from the date of delivery of such notice. Notice shall be delivered in accordance with the Notice provisions set forth in Paragraph 5 below. b) The Air District may terminate this Agreement for breach of the Agreement by Grantee by giving Grantee a minimum of ten ( 10) business days written notice of such breach and the opportunity to cure the breach within that period of time. The notice will specify the amount of Project Grant Funds to be reimbursed to the Air District, if any, which Grantee shall reimburse within thirty (30) days of the effective date of termination. The Air District shall calculate the reimbursement based on the repayment formula set forth in Paragraph 15 of Attachment A. c) The Air District shall not pay any Project Grant Funds in the event that this Agreement is terminated, and no funds have been expended by Grantee. If the Project has been completed and the Air District has paid the grant funds to Grantee, Grantee may not terminate this Agreement pursuant to subparagraph 2(a), unless it reimburses the Air District the amount of Project Grant Funds due based on the repayment formula set forth in Paragraph 15 of Attachment A. 3) Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute, and deliver such other documents and instruments that are reasonably required to carry out the provisions, intent, and purpose of this Agreement. All attachments to this Agreement are expressly incorporated herein by this reference and made a part hereof as though fully set forth. 4) Indemnification: Grantee shall indemnify and hold harmless CARB, the Air District, its officers, employees, agents, representatives, and successors-in-interest from and against any and all liability, loss, 23MOY182 4 of 18
Form S-20231NF
Packet Page 220 of 423Attachment 2 Page 4 of 18

DocuSign Envelope ID: 80O6015E-B 141-48B 1-A85A-6648C22O17 5F B.\.\Q\11) Carl .\lo~er Program (;rant .\gr1:emcnt
expense, including reasonable attorneys' fees, or claims for injury or damages arising out of the performance by Grantee of its duties and obligations under this Agreement, and arising out of the operation of the engine and vehicle, vessel, locomotive, or other equipment that is the subject of this Agreement by the Grantee or its officers, agents, employees, representatives, and successors in interest. 5) Notices: All notices that are required under this Agreement shall be provided in the manner set forth herein, unless specified otherwise. Notice to a party shall be delivered to the attention of the person at the address listed below, or to such other person or persons as may hereafter be designated by that party in writing.

Notice shall be in writing sent by e-mail OR delivered in person. Notices shall be deemed to have been received on the date of such transmission, provided such date was a business day and delivered prior to 4:00 p.m. PST/PDT. Otherwise, receipt of notices shall be deemed to have occurred on the following business day.

ATR DISTRICT: Bay Area Air Quality Management District
375 Beale Street, Suite 600
San Francisco, CA 94105
Attn: Director of Strategic Incentives
Project#: 23MOYI 82
[email protected]
GRANTEE: City of Fairfield
I 000 Webster Street, 3rd Floor,
Fairfield, CA 94533
Attn: David Gassaway, City Manager
Project#: 23MOY 182
[email protected]
6) Contacts: The Contact for the Grantee shall be the person named in the Project application, which shall also list the Contact's address, telephone number, fax number, and email address. The Contact shall be the liaison to the Air District pertaining to implementation of this Agreement and shall be the contact for information about the Project. The Grantee shall notify the Air District of a change of the Contact's name or contact information in writing no later than ten ( 10) business days from the date of any change. 7) Project Number: All correspondence shall reference this Agreement number, which is the same as the Project Number or Project Application Number.
8) Integration of Agreement: This Agreement represents the final, complete, and exclusive statement of the agreement between the Grantee and the Air District and supersedes all prior and contemporaneous understandings and agreements of the Parties. No Party has been induced to enter into this Agreement nor is any Party relying upon any representation or warranty outside those expressly set forth herein. 9) Amendment: This Agreement may not be modified except in writing, signed by both Parties hereto, and any attempt to modify this Agreement orally shall be void and of no effect. Any change in Project scope shall constitute an amendment under this Agreement.
10) Independent Contractor: Grantee is an independent contractor. None of Grantee's officers, employees, agents, contractors, subcontractors, or vendors are, nor shall they be considered, officers, employees, agents, contractors, subcontractors, or vendors of the Air District. 11) Assignm ent: Grantee may not assign, sell, transfer, license, or subcontract or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the Air District. 12) Waiver: No waiver ofa breach, of failure of any condition, or of any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, regardless of similarity, nor shall any waiver constitute a continuing 23MOY182 5 of 18
Form 5-20231NF
Packet Page 221 of 423Attachment 2 Page 5 of 18

DocuSign Envelope ID: 800601 SE-B 141-48B 1-A85A-6648C220 17 5F B.\,\()\11)
waiver unless the writing so specifies. Further, the failure of a party to enforce performance by the other party of any term, covenant, or condition of this Agreement and the failure of a party to exercise any rights or remedies hereunder shall not be deemed a waiver or relinquishment by that party to enforce future performance of any such terms, covenants or conditions, or to exercise any future rights or remedies. 13) Severability: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid, in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions thereof shall not be affected. 14) Effective Date: The effective date of this Agreement is the date the Air District's Executive Officer/ Air Pollution Control Officer executes this Agreement.
15) Eligible Costs: Only the Project costs, estimated in Attachment A, Paragraph 5, Table 1, that are incurred after the Effective Date and prior to termination of the Agreement or upon Air District's verification that Grantee has completed the Project, whichever occurs first, are eligible for reimbursement with Program Grant funds. "Eligible Costs" shall be defined as Project costs that the District determines are eligible based on this paragraph, and also based on the CARB Program Guidelines. 16) Cost Reduction: In the event that the Eligible Costs incurred are less than the Estimated Eligible Costs listed in Attachment A, Paragraph 5, Table 1, the Air District will recalculate its contribution to the Project in accordance with the provisions of Paragraph 4 of Attachment A. 17) Force Majeure: Neither CARB, the Air District, nor Grantee shall be liable for or deemed to be in default for any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil commotion, strikes, lockouts, labor disputes, fire or other casualty, judicial orders, governmental controls, regulations or restrictions, or inability to obtain labor or materials or reasonable substitutes for labor or materials necessary for performance of the services, or other causes, except financial, that are beyond the reasonable control of CARB, the Air District or Grantee, for a period of time equal to the period of such force majeure event, provided that the party failing to perform notifies the other party within ten ( 10) business days of discovery of the force majeure event, and provided further that that party takes all reasonable action to mitigate the damages resulting from the failure to perform. Notwithstanding the above, if the cause of the force majeure event is due to party's own action or inaction, then such cause shall not excuse that party from performance under this Contract. Notwithstanding the above, fire or casualty loss to Project Equipment shall not excuse Grantee's obligation to perform under this Agreement. Grantee shall be responsible to repair or replace Project Equipment or to reimburse the Air District in accordance with Attachment A, Paragraph 15. 18) Governing Law: Any dispute that arises under or relates to this Agreement shall be governed by law, including Health & Safety Code section 44280 et seq., its accompanying regulations, and the CARB Program Guidelines, excluding any laws that direct the application of another jurisdiction's laws. Venue for resolution of any dispute that arises under or relates to this Agreement shall be San Francisco, California. 19) Emissions Testing: The Air District may conduct emissions testing, at its expense, on any Project Equipment that is purchased or modified as part of the Project, including a vehicle or vessel. Testing for a piece of Project Equipment will be limited to no more than once per calendar year during the Project Equipment Operational Period. Testing will be conducted according to a schedule agreed upon by both Parties.
20) Emission Reductions: The Air District retains the exclusive right to claim any emission reduction credits under State or Federal law that might result from emissions reduced by the Project implemented pursuant to this Agreement. The emissions reduced by the Project may not be used by Grantee to comply with any local, State, or Federal air pollution regulation or law, or used to fulfill Grantee's obligations arising out of any order, settlement contract, memorandum of understanding, or other binding legal document. 21) Preliminary Inspection: Air District or its designee shall perform a preliminary inspection of the installation site prior to implementation of the Project. Grantee shall facilitate and cooperate with any Air District inspection.
23MOY182 6 of 18
Form 5-20231NF
Packet Page 222 of 423Attachment 2 Page 6 of 18

D o c u S ig n E n v e lo p e ID : 8 0 D 6 0 1 S E -B 14 1-4 8 B 1-A 8 5 A -6 6 4 8 C 2 2 D 17 5 F B .\ \()\I D C arl \l o~ er Pro ~ra m ( ;ranl \~l'L'l'lll e n t 22) Post-Project Inspection: Air District or its designee shall perform a post-project inspection of the Project Equipment funded under the terms of this Agreement to verify that the Project has been implemented according to the terms of this Agreement. Grantee shall facilitate the Air District inspection and make the new Project Equipment available for the post-project inspection, which may include a test to verify that the Project Equipment is fully operational and pre-installation interim inspection(s) of engines, tanks, or similar funded components whose tags or labels will not be visible after installation, to document that Project Equipment complies with Program requirements. Grantee must contact the Air District to arrange post- project inspection and should provide at least two business days advanced notice for scheduling. 23) Compliance with CARB Program Guidelines: The Grantee agrees to implement the Project in accordance with all requirements of the CARB Program Guidelines. Any questions or disputes the Parties may have regarding the implementation of this Agreement shall be resolved in accordance with the applicable CARB Pro gram Guidelines.
24) Enfo rcement: Both the Air District and CARB have the authority to inspect the Project, enforce the terms of this Agreement, and pursue repayment of grant funds for noncompliance with the terms and conditions of this Agreement, including requirements in attachments hereto and in the CARB Program Guidelines, which are incorporated herein by reference, or applicable state laws or regulations throughout the Agreement Term.
25) Public Documents: To the extent not otherwise prohibited by law and to the extent required by the Califo rnia Public Records Act (Government Code section 6250 et seq.), the Grantee will place in the public domain any software, written document, or other product developed with Program funds as part of the Project.
26) Survival of Term s: Any term s of this Agreement that by their nature extend beyond the term ( or term ination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns.
27) Public Entities Conflict of Interest: The Grantee warrants and represents that its public officials, including its officers and employees in their official capacity, presently have no interest and agrees that its public officials, including its offi cers and employees in their official capacity, will not acquire any interest which would represent a conflict of interest under California Government Code sections 1090 et seq. and 87100 et seq. dur ing the performance of this Agreement.
23MOY182 7 of 18
Form 5-20231NF
Packet Page 223 of 423Attachment 2 Page 7 of 18

DocuSign Envelope ID: 80O6015E-B 141-48B 1-A85A-6648C22O175F B.\.\Q,\ID f arl .\lo~ er Program (;ranl \gn'e11H•111
IN WITNESS WHEREOF, the Parties to this Agreement have caused this Agreement to be duly executed on their behalf by their authorized representatives.

SIGNATURES:

Bay Area Air Quality Management District
By:

Philip M. Fine
Executive Officer/Air Pollution Control Officer
Bay Area Air Quality Management District
Approved as to form:

By:

Alexander Crockett
District Counsel
Bay Area Air Quality Management District
Grantee
By:--------------
David Gassaway
City Manager
City of Fairfield
Date:

Date: ----
23MOY182 8 of 18
Form 5-20231NF
Packet Page 224 of 423Attachment 2 Page 8 of 18

DocuSign Envelope ID: 8006015E-B 141-48B 1-A85A-6648C22O17 5F B.\ \Q\ID ( arl \lo~ er l'ro~ra111 Cran I .\~n'e111e11t

ATTACHMENT A-PROJECT SPECIFIC INFORMATION
[Note: The section numbers shown in parenthesis below refer to Sections in the Agreement.]

1. 2.

3. 4.

Grantee:

Project Number (Section III. 7):

Air District Approval Date (Section 111.14):

Total Grant Funds Available (Sections 1.3, 11.1, and 111.15):

City of Fairfield
23MOY182
The Effective Date of this Agreement
$330,000
Total Grant Funds Available are estimated in Paragraph 5, Table I, below. Actual funds to be paid will be calculated after Agreement execution and upon Grantee submittal of request for payment as defined in Paragraph 13. Actual funds paid will be based on Eligible Costs incurred, as defined in the Agreement at Section III, Paragraphs 15 and 16, multiplied by the Maximum Percentage of Funding, as adjusted by any funds from an Air District approved co-funding incentive source, up to a maximum of the Total Grant Funds Available. In no event shall the grant funds paid under this Agreement exceed the maximum of $330,000.

5. Cost Breakdown (Sections 1.3 and 111.15): A detailed breakdown of estimated project costs and Equipment information is shown in Table I.

Table l: Detailed Project Description
Maximum Total Usage &
Estimated Percentage Project Location of Funds Project Equipment Description* Eligible Costs of Eligible Equipment Operation Available Operational Costs Period Infrastructure Description: 100% in CA
Installation of eight (8) DC fast Chargers,
four (4) CP6000, and four (4) ABB Terra 100% in Air
1844 Chargers with associated electrical 2,941,909 kWh District conduit and infrastructure to support $1,890,646,.04 50% & $330,000 medium and heavy-duty vehicles for the l_years Operates in City of Fairfield. Located at 420 Gregory Priority
Lane, Fairfield, CA 94533. Areas: Yes
Total Grant Funds Available: $330,000
* Grantee may propose Equivalent Equipment subject to advanced written approval from the Air District. The Equivalent Equipment must result in the same or better emissions reductions and meet or exceed the operational parameters specified in Attachment A of this Agreement.

The terms in Table 1 above are defined as follows:

Project Equipment Description: Information describing the new equipment including fuel or energy type and other specifications.

Estimated Eligible Costs: The amount of the Project cost determined during the application evaluation eligible to be included in the calculation for reimbursement.

Maximum Percentage of Eligible Costs: The maximum allowable percentage of the actual Eligible Costs that can be reimbursed for Project Equipment, based on the maximum percent allowed for the equipment by the applicable CARB guidelines for the equipment type.
23MOY182 9 of 18
Form 5-20231NF
Packet Page 225 of 423Attachment 2 Page 9 of 18

D o c u S ig n E n v e lo p e ID : 8 0 O 6 0 1 S E -B 14 1-4 8 B 1-A 8 5 A -6 6 4 8 C 2 2 O 17 5 F B .\ \Q .\11> Carl \lo~ er Program (;ran I \grl'e111e11t Total Usage & Project Equipment Operational Period: Total Usage refers to the minimum amount Grantee is required to operate the Project Equipment, over the period of time specified and defined as the Project Equipment Operational Period.

Location of Operation: The minimum percentage of time that the Project Equipment must operate within Califo rnia and/or within the Air District boundaries, as noted, during the Project Equipment Operational Period.

Also indicates whether the Project is required to operate within a Priority Area(s), as defined in Attachment C, and in accordance with the requirements of Paragraph 16 (Special Conditions).

Funds Available: The maximum funding that can be paid to Grantee for Project Equipment pursuant to this Agreement.

6. Project Description On-Road Infrastructure
Table I provides the details of existing (old) Baseline Equipment (if any) and funded Project Equipment. Any change in Project Equipment specifications or Project Description must receive written approval in advance by the Air District.

7. Project Term (Section 111.1): Table l lists the required usage and Project Equipment Operational Period for each piece of Project Equipment. The "Total Usage" listed in Table I represents the minimum number of hours or miles (as applicable) the Project Equipment is to operate during the Project Equipment Operational Period, which represents the minimum number of years over which the Project Equipment is to operate under this Agreement. The Project Equipment Operational Period begins when the Project Equipment has been successfu lly inspected by the Air District. The Project Tenn concludes upon the satisfaction of the usage and Project Equipment Operational Period requirements for each piece of Project Equipment and upon confirmation by the Air District that all Project requirements have been met.

8. Operating Parameters: Air District has awarded this Grant based upon Grantee's agreement to operate the Project Equipment for the usage identified in Table l of this Attachment. In no event shall Grantee operate the Project Equipment less than the minimum project term specified in the CARB Program Guidelines. Pursuant to Paragraph 15 of this Attachment, Grantee may be required to repay Grant funds if unable to satisfy the Project's usage, project life, and location of operation requirements identified in Table 1.

9. Project Schedule: By no later than October, 9 2025, the Project must be completed by Grantee and inspected by the Air District, and Grantee must have submitted its request for payment in accordance with Paragraph 13 of this Attachment.

10. Estimated Eligible Costs: Estimated eligible costs are specified and described in Table 1 above, and include (A) Design and engineering, (i.e., labor, site preparation, Americans with Disabilities Act accessibility, signage); (B) Equipment (e.g., charging/fueling units, electrical parts, energy storage equipment); (C) Installation directly related to the construction of the station; (D) Meter/data loggers; (E) On-site power generation system that powers covered sources (i.e., solar and wind power generation equipment); (F) Fees incurr ed pre-contract execution (i.e., perm its, design, engineering, site preparation), license fees, enviro nmental fees, commissioning fees (safety testing), and onsite required safety equipment; (G) Federal, sales, and other taxes; (H) Shipping and delivery costs; (I) Consulting fees associated with the preparation of Enviro nmental Assessment, Environmental Impact Statement, Environm ental Impact Report, or other California Environmental Quality Act (CEQA) documents.

11. RESERVED.

12. RESERVED.

13. Project Implementation Report and Request for Payment (Section I): No later than thirty (30) days from completion of the work set forth in the Project Description, Grantee shall submit a Project Implementation Report (PIR), an IRS W -9 form, and a project invoice to request payment for the Eligible Costs of the Project. The Project invoice shall:
23M OY182 10 of 18
Form 5-20231NF
Packet Page 226 of 423Attachment 2 Page 10 of 18

DocuSign Envelope ID: 80D6015E-B 141-48B1-A85A-6648C22D175F B.\ \Q\,II) ( ;irl .\lo., er Program (;ranl \gn·t'IIH'III •
•
•
•
•
•
•
Provide documentation for all Eligible Costs, document the Equipment serial number(s), and include a description of the Equipment purchased.

Demonstrate the costs are Eligible Costs and have been expended in compliance with the Project Description and the Project Schedule.

Itemize the total funds requested for this reimbursement, which shall include an itemization of payments to vendors, consultants, and contractors.

Include copies of invoices that document the goods and services provided by vendors, consultants, and contractors and documentation of the total hours incurred to complete the Project, the hourly rates of any labor charges, the costs of such goods, and any other Eligible Costs.

Be submitted with a summary sheet that specifies the Project Number. If costs are incurred that are not directly related to the Project as described in Paragraph 5 of this Attachment, all such costs must either be deleted when the Project invoice is prepared or clearly identified as costs that are not eligible for reimbursement by the Air District.

Include proof of warranty as required by the CARB Program Guidelines for the specific project option and type of Project Equipment described in Table I of this attachment.

For new or converted electric Equipment or hybrid Equipment, provide owner's manual or equivalent documents describing the major components; theory of operation and operating procedures; battery maintenance and use; service intervals and requirements; contact information for the manufacturer and CA servicer(s); instructions about safe operation and battery handling; and emergency procedures and potential safety precautions for use of the Equipment.

The Grantee may seek an interim payment from the Air District. To request an interim payment, the Grantee must submit an updated Project schedule that identifies the anticipated completion date, together with invoices for costs incurred to date, to the Air District. The Air District has the sole discretion to approve an interim payment for Eligible Costs incurred to date.

Upon verification that the Project has been completed according to the terms of this Agreement, the Project Equipment has been installed and is fully operational, and the Baseline Equipment has been removed from service and destroyed for repower, conversion, and replacement projects, the Air District will issue final payment of the Funds Awarded.

14. Annual Monitoring Reports: Grantee shall submit an annual monitoring report each calendar year for the Project Term, in a format approved and provided by the Air District. The monitoring report shall provide information regarding annual fuel/energy consumption, annual hours or miles of operation, locations where Project Equipment operated, and proof of insurance. The first annual report shall be submitted by August 1 of the year following execution of the Grant Agreement to cover the period from July 1 through June 30 of the prior year. The first annual report shall include a report on the Grantee's progress in meeting milestones listed in the Project Schedule, as set forth in Paragraph 9 of this Attachment. Subsequent annual reports shall be submitted by August 1st of each succeeding year with the final annual monitoring report due by August 1st in the last year of the Project Term. If Grantee fails to submit annual monitoring reports in a timely fashion, the Air District shall perform a project performance audit.

15. Repayment of Grant Funds for Failure to Complete Project: Grantee shall repay the Total Grant Funds Awarded on a prorated basis for selling, assigning, transferring, retiring, scrapping, or removing any piece of Project Equipment from service in the location(s) specified in Table 1 of Attachment A prior to completing its Project Equipment Operational Period. The fraction of funds to be repaid will be determined by subtracting the usage of the Project Equipment at the time of sale, assignment, transfer, retirement, scrapping, or removal from service from total usage, pursuant to Paragraph 7 of this Attachment, and dividing that result by the total 23MOY182 11 of 18
Form 5-20231NF
Packet Page 227 of 423Attachment 2 Page 11 of 18

DocuSign Envelope ID: 80D6015E-B 141-48B1-A85A-6648C22D175F B.\.\()\11)
usage. At its sole discretion, the Air District may waive repayment if it determines that Grantee's failure to complete the Project was due to events beyond Grantee's reasonable control per Section III.17.

The Air District may waive repayment if, prior to sale of Project Equipment, the Grantee facilitates transfer of this Agreement by the Air District to the subsequent owner who agrees to assume all obligations under this Agreement and specifically agrees to continue operation of the Project Equipment in order to provide equivalent emission reductions in accordance with CARB Program Guidelines.

16. Special Conditions:

A. Operation in Priority Areas: If indicated in the "Location of Operation" column in Table 1 of Attachment A and in Attachment C, the Grantee shall operate the funded Project Equipment within or benefiting Priority Areas, which are communities disproportionately impacted by air pollution and/or low-income communities. This benefit to Priority Areas is required throughout the Project Equipment Operational Period to ensure that the Project directly reduces emissions in impacted communities and helps to reduce public health risks associated with such air contaminants in the impacted communities. Projects with Operation in Priority Areas specified in Table I of Attachment A and in Attachment C must continue to operate in the same location(s) described in the application materials submitted by the Grantee, since the location(s) may have been a factor in determining eligibility and/or the funding level awarded. Attachment C provides maps of Priority Areas. Grantee must demonstrate, as part of the Annual Monitoring Reports, that it has operated in the Priority Area(s) designated in Attachment C for each year of operation.

B. Operation in Air District: For the duration of the Project Equipment Operational Period, Grantee shall operate the Project Equipment within California and the Air District as specified in the "Location of Operation" column in Table 1 of Attachment A. Grantee must demonstrate, as part of the Annual Monitoring Reports, that the percentages of operation within the Air District boundaries and within California, as identified in Table I, have been achieved for each year of operation.

C. At the request of the Grantee, the Air District and Grantee have agreed that the Air District shall pay the total funds to be paid to the equipment vendor designated by the Grantee. This payment will be made as a two-party check to the Grantee and the designated vendor.

D. As required by the CARB Program Guidelines, Grantee shall ensure that Project Equipment, inclusive of infrastructure Equipment, shall be equipped with a tamper-proof, non-resetting hour meter, energy meter, or odometer (as applicable). If this meter fails during the Project Equipment Operational Period, the Grantee must notify the Air District and take action to repair or replace the meter within thirty (30) days.

E. For Grantees subject to CARB regulations Project Equipment funded as pmi of this Agreement:

1. Must be included when defining the size of the fleet for determining regulatory requirements.

2. Must not be used to generate credits or compliance extensions and must be excluded when determining regulatory compliance.

F. Grantee certification:

1. I certify that the fleet, engine(s) and Baseline Equipment are in compliance with all applicable Federal, State, and local air quality rules and regulations as of the Effective Date of this Agreement.

2. I understand that I must maintain compliance with all applicable Federal, State, and local air quality rules and regulations for the Project Term. 23MOY182 12 of 18
Form 5-20231NF
Packet Page 228 of 423Attachment 2 Page 12 of 18

D o c u S ig n E n v e lo p e ID : 8 0 O 6 0 1 S E -B 14 1 -4 8 B 1-A 8 5 A -6 6 4 8 C 2 2 O 17 5 F B.\ \Q .\11> Carl .\lo~er l'ro:?,ram (;ranl \~n·t·nH:111

3. I have disclosed to the Air District all other private or public financial incentives applied for or used for this Project.

4. I will not apply for or receive other private or public financial incentives for the Project without prior approval from the Air District, including any sources that become available after the Effective Date of this Agreement. The receipt of additional public funding for the Project Equipment could result in a reduction of the Total Grant Funds Available.

5. I understand that I must own and operate the Project Equipment pursuant to the terms of Table I of Attachment A, which include usage and location requirements.

6. I will not assign, transfer, or sell the Project Equipment during the Agreement Term without prior written consent of the Air District. Such written consent will not be given unless the terms and obligations of this Agreement are first transferred in full to a new owner/ operator.

7. I understand that the following requirements apply to additional private or public financial incentives used to support this Project.
a. Grantee must meet all criteria associated with each funding source used to fund the Project.
b. The total of all incentives for the Project must not exceed the total project costs. c. Grantees that are not public entities must provide at least 15 percent of the Eligible Cost from non-public sources.
d. All covered emission reductions (NOx, ROG, and PM) achieved from this project with these funding sources, will be credited as reductions to the Carl Moyer Program.

Other emission reductions such as greenhouse gas emissions may be claimed by the other programs used in co-funding this project.

Signature: _
Name (printed): _
Title: Date: ~------------------ -----
G. Secur ity Interest: Grantee hereby grants the Air District a security interest in the Project Equipment that has been pur chased partially or entirely with funding provided by the Air District pur suant to this Agreement and any amendments thereto. Grantee acknowledges and agrees that the Air District shall have all lien rights as a secured creditor on the Project Equipment throughout the Project Equipment Operational Period (Project Term), Grantee agrees and authorizes the Air District to file a Uniform Commercial Code (UCC) financing statement (Form UCC-1) or similar security instrument to secure its interests in the Project Equipment. In the event the Project Equipment is repossessed or Grantee files for dissolution or bankruptcy protection, Grantee shall notify the Air District within ten (I 0) business days of the repossession or cour t filing.

H . Projects that include fueling or charging infrastructure Project Equipment:
• Grantee must either own the land on which the Project infrastructure is installed or control the land through a long-term lease, easement, or other legal arrangement for the duration of the Project Term.
• Grantee must comply with, and ensure any subcontractors comply with, all applicable regulations (e.g., Cal. Code Regs., tit. 13, §§ 2360-2360.5) • Infrastructure Equipment and parts must be new. Remanufactured or refurbished equipment and parts are not eligible.
23M OY182 13 of 18
Form 5-20231NF
Packet Page 229 of 423Attachment 2 Page 13 of 18

D o c u S ig n E n v e lo p e ID : 8 0 D 6 0 1 5 E -B 14 1-4 8 B 1-A 8 5 A -6 6 4 8 C 2 2 D 17 5 F B.-\ \(>\11) ( arl \lo~ er Program l ;ran1 \:!_n·e11H·111 • The fueling and charging infrastructure Equipment must be in operating condition for the duration of the Project Term.
• For battery charging stations, the chargers must be certified by a National Recognized Testing Laboratory (e.g., Underwriter's Laboratory, Tntertek) located at https:
www .osha. ov/dts/ot ca/nrtl/nrtllist.html.
• Grantee shall report all battery charging station installations to the Department of Energy Alternative Fuel Data Center located at
http://www .afdc.erJergy_,_ ov/locator/stations, pursuant to Cal. Code Regs., tit. 13, §§ 2360-2360.5.
• Non-publicly accessible infrastructure Equipment must operate without disruption and Grantee shall report any downtime to the Air District within 15 days of Equipment malfunction outlining specified actions to return Project Equipment to service.
• For charging infrastructure installations:
0 0
Grantee shall ensure that all charging infrastructure installations are perform ed in accordance with Public Utilities Code 740.20 and by a contractor with the appropriate license classification, as determ ined by the Contractors' State License Board, and at least one (I) electrician on each crew, at any given time, who holds an Electric Vehicle Tnfrastrncture Training Program (EVITP) certification. Projects that include installation of a charging port supplying 25 kilowatts or more to a vehicle must have at least 25 percent of the total electricians working on the crew for the project, at any given time, who hold EVTTP certification. One (1) member of each crew may be both the contractor and an EVJTP certified electrician. The requirements stated in this paragraph do not apply to any of the following:
• Electric vehicle charging infrastructure installed by employees of an electrical corporation or local publicly owned electric utility. • Electric vehicle charging infrastructure funded by moneys derived from credits generated from the Low Carbon Fuel Standard Program (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).
• Single-family home residential electric vehicle chargers that can use an existing 208/240-volt outlet.

Prior to performing any electric vehicle infrastructure or equipment installation work funded or authorized under this Agreement, Grantee shall complete the Certification Form provided by the District in order to:
• Certify that the project will comply with all of the above requirements of Public Utilities Code 740.20, or describe why these requirements do not apply to the project. The Certification Form shall be signed by the Grantee's authorized representative.
• Provide EVIT P Certification Numbers of each EVITP certified electrician that will install electric vehicle charging infrastructure or equipment.

EVITP Certification Num bers are not required to be submitted if the Public Utilities Code 740.20 requirements do not apply to the project. 23MOY182 14 of 18
Form 5-20231NF
Packet Page 230 of 423Attachment 2 Page 14 of 18

DocuSign Envelope ID: 80O6015E-B141-48B 1-A85A-6648C22D17 5F B.-\ \().\ID ( arl \lo~er l'rngra111 c;ranl .\grl'l'llll'III

ATTACHMENT B- INSURANCE REQUIREMENTS
Grantee to initial next to each checked box indicating they have read their project insurance requirements.

Verification of Coverage:

Grantee shall provide, and require any subcontractors to provide, the Air District certificates and/or other evidence of the insurance coverage required below. The Air District reserves the right to require Grantee to provide complete, certified copies of any insurance offered in compliance with these specifications. Certificates, policies and other evidence provided shall specify that the Air District shall receive thirty (30) calendar days advanced notice of cancellation from the insurers.

Minimum Scope oflnsurance
Throughout the Project Term as defined in Section m of the Agreement of which this Attachment is a part, Grantee shall obtain and maintain in full force and effect the insurance as set forth below, and require any third party to obtain and maintain in full force and effect the insurance as set forth below:

1. Initial
Liability Insurance:

Corporations and Public Entities - a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, vessels, engines, or equipment operated by the Grantee.

Single Vehicle Owners - a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, vessels, engines, or equipment operated by the Grantee.

At the time the Grantee submits invoices for payment to the Air District, the Grantee must demonstrate that each piece of Project Equipment purchased under this Agreement, of which this is an Attachment, is covered under the following property insurance, if Grantee has not already demonstrated possession of this insurance to the Air District.

The property insurance for each piece of Project Equipment must remain effective from the date of the invoice to the Air District to the end of the Project Equipment Operational Period as defined in Section III of the Agreement. 181 2. Property Insurance for Repower and Vehicle/Equipment Replacement projects:
in an amount of not less than the insurable value of Grantee's vehicles, vessels, engines or equipment funded under the Agreement of which this Attachment is a part, and initial covering all risks ofloss, damage or destruction of such vehicles, vessels, engines, or equipment. Initial

3. Workers Compensation Insurance as required by California law and employers' liability insurance with a limit not less than $1 million.

Initial
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating ofno less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of msurance.
23MOY182 15 of 18
Form S-20231NF
Packet Page 231 of 423Attachment 2 Page 15 of 18

DocuSign Envelope ID: 8006015E-B 141-48B 1-A85A-6648C22O17 5F B \ \1).\11) ( arl .\lo~ er Program ( ;ran I \grce111e111

ATTACHMENT C - OPERATION OF PROJECT EQUIPMENT WITHIN PRIORITY AREAS Grantee to initial next to each checked box indicating their agreement to operate the Project Equipment in the Priority Area(s) indicated below throughout the Project Equipment Operational Period. Project Equipment must continue to operate in the same location(s) described in the application materials submitted by Grantee. For infrastructure-only projects, the definition of"operation within" may be based on the vehicles/equipment that use the supporting infrastructure.
181 I. Disadvantaged Communities ("DAC''), an example of which is shown in Figure I below, and as identified by the California Climate Investments Priority Populations 4.0 mapping tool at htt · s://webma s.arb.ca. ov/frioriJ:yPo · ulations/ Initial

2. Low Income Communities ("UC"), an example of which is shown in Figure I below, and as identified by the California Climate Investments Priority Populations 4.0 mapping tool at htt s://webma s.arb.ca. ov/Priorit Po ulations/ Initial
CJ 3. Community Air Risk Evaluation (CARE) communities as developed by the Air District, shown in Figure 2 below.

Initial
23MOY182 16 of 18
Form 5-20231NF
Packet Page 232 of 423Attachment 2 Page 16 of 18

DocuSign Envelope ID: 80O6015E-B141-48B 1-A85A-6648C22O175F B \ \Q\11) ( 'arl .\lo~ er Program ( ;rant \!,!.rre111c11t Figure 1: Example DAC and LTC Areas
California Climate Investments Priority Populations 2022 CES 4.0 Calitomia Air Resources Board ,.. Search by location or tract 16 Woodland
11m
Oakland
~n Fran isro
San Leandro
Map Legend
0 Livermore
,?f/
"
T~
,,n Mateo 0
Priority Populations CES4 2022
PriorityPopulationsCES4
Disadvantaged Communities
Disadvantaged and Low-income Communities
Low-income Communities
Low-income Communities within 1/2 mile of
Disadvantaged Communities
Low-income Households within -i/2 mile of
Disadvantaged Communities
* Low-income households statewide are also
considered a priority population for the purposes of
California Climate Investments
Ri'rtwood Oty
Sa ca Cruz
Watsonville
Gllro
Esri, CGIAR, USGS I URS Corporation, California State Parks 23MOY182 17 of 18
Form S-20231NF
Packet Page 233 of 423Attachment 2 Page 17 of 18

DocuSign Envelope ID: 80O6015E-B 141-4881-A85A-6648C22D175F It\ \()\ID Carl .\lo, er l'ro~ram (;rant \~rcenH·ut
Figure 2: Air District CARE Communities
Legend
+ Major Airports
013 Cumulative Impact Ar ea
Concord
· RichmondJSan Pabto
Western Alameda County
San Jose
Uvermore
Eastern San Francisco
Antioch/Pittsburg
VaUejo
San Rafael
0 2 4 8 12 16
Miles .. - --- -
23MOY182 18 of 18
Form S-20231NF
Packet Page 234 of 423Attachment 2 Page 18 of 18

Agenda Item No: 10.

AGENDA REPORT
DATE:February 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024­38 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement Between the City of Fairfield and Willdan Energy Solutions for Project Management and Owner's Representative Services for the Transit and Municipal Fleet Electrification Corporation Yard Improvements
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
In Spring 2023, Willdan Energy Solutions (Willdan) completed a comprehensive plan for transitioning the transit and municipal fleet at the City of Fairfield’s Corporation Yard to battery­electric zero­emission vehicles (ZEVs). The project is currently in the environmental review and preliminary design phase.

Given the technically complex and challenging scope of this project due to space constraints, City staff is seeking support for project management, vehicle maintenance facility planning, community outreach, and grant assistance from Willdan.

DISCUSSION
The California Air Resources Board (CARB) has mandated that all off­road, light, medium, and heavy­ duty vehicles transition to zero­emission by 2040. The City explored its options and has chosen to electrify its fleet to meet this mandate. For the City to transition to an all­electric fleet, major electrical infrastructure upgrades and operational changes need to occur at the Corporation Yard. In 2020, the City hired Willdan to develop a long­term comprehensive transition plan for the transit, light, medium, and heavy­duty municipal fleets.

In April 2023, Willdan and City staff finalized the Corporation Yard Electrification Buildout Plan (Buildout Plan). The Buildout Plan outlines a comprehensive road map for the Corporation Yard to fully support ZEVs, including available technology of battery electric vehicles (BEVs), infrastructure upgrades, maintenance facility expansion, and funding needs. The preliminary estimate for the Buildout Plan is $89.4 million.

Packet Page 235 of 423

Agenda Item No: 10.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024­38 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Professional Services Agreement Between the City of Fairfieldand Willdan Energy Solutions for Project Management and Owner's RepresentativeServices for the Transit and Municipal Fleet Electrification Corporation YardImprovementsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEIn Spring 2023, Willdan Energy Solutions (Willdan) completed a comprehensive plan for transitioningthe transit and municipal fleet at the City of Fairfield’s Corporation Yard to battery­electric zero­emissionvehicles (ZEVs). The project is currently in the environmental review and preliminary design phase.Given the technically complex and challenging scope of this project due to space constraints, City staffis seeking support for project management, vehicle maintenance facility planning, community outreach,and grant assistance from Willdan.DISCUSSIONThe California Air Resources Board (CARB) has mandated that all off­road, light, medium, and heavy­duty vehicles transition to zero­emission by 2040. The City explored its options and has chosen toelectrify its fleet to meet this mandate. For the City to transition to an all­electric fleet, major electricalinfrastructure upgrades and operational changes need to occur at the Corporation Yard. In 2020, theCity hired Willdan to develop a long­term comprehensive transition plan for the transit, light, medium,and heavy­duty municipal fleets.In April 2023, Willdan and City staff finalized the Corporation Yard Electrification Buildout Plan (BuildoutPlan). The Buildout Plan outlines a comprehensive road map for the Corporation Yard to fully supportZEVs, including available technology of battery electric vehicles (BEVs), infrastructure upgrades,maintenance facility expansion, and funding needs. The preliminary estimate for the Buildout Plan is $89.4 million.

Once the Buildout Plan was finalized, City staff reengaged Bennett Engineering to design and prepare plans, specifications, and cost estimates for  the first phase of upgraded electrical and charging infrastructure needed at the Corporation Yard. Given the complexity of the project, which includes the demolition and construction of portions of the Corporation Yard while it continues day­to­day operations, City staff is proposing to enter a Professional Services Agreement with Willdan to serve as a project manager and provide support for design and engineering, temporary and upgraded maintenance facilities, community outreach, and funding assistance.

FINANCIAL IMPACT
The Professional Services Agreement with Willdan for project management and owner's representative services for the transit and municipal fleet electrification Corporation Yard improvements will authorize a not­to­exceed amount of $452,100 plus 10% contingency ($411,000 + $41,100 contingency).

Funding for this work has not been budgeted and will come from the following sources:

Transportation Development Act Local Transportation Funds (LTF): $251,672 Construction Permit Tax: $200,428
No monies from the General Fund will be used for this Professional Services Agreement. Willdan’s scope of work includes a funding strategy and a cost share analysis to implement the Buildout Plan at the Corporation Yard. Preliminary analysis indicates that a majority of the infrastructure costs will be funded with state and federal grants, which are competitive. The contribution of $200,428 in construction permit tax can contribute to the City’s local match requirement, making the project more attractive to funding agencies. Staff will return to City Council at a future date once the phasing plan and funding sources for construction are identified.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve this agreement, however, the Public Works Department does not have sufficient staff resources and subject matter expertise to manage and implement a project of this scope and complexity.

STAFF CONTACT
Shaun Vigil, Transit Operations Manager
(707) 434­3807
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Agreement
Attachment 3: Exhibit A
REVIEWERS:

Reviewer Action Date
Feinstein, Diane Approved 2/5/2024 ­ 4:05 PM
Kaushal, Paul Approved 2/5/2024 ­ 9:14 PM
Packet Page 236 of 423

Agenda Item No: 10.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024­38 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Professional Services Agreement Between the City of Fairfieldand Willdan Energy Solutions for Project Management and Owner's RepresentativeServices for the Transit and Municipal Fleet Electrification Corporation YardImprovementsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEIn Spring 2023, Willdan Energy Solutions (Willdan) completed a comprehensive plan for transitioningthe transit and municipal fleet at the City of Fairfield’s Corporation Yard to battery­electric zero­emissionvehicles (ZEVs). The project is currently in the environmental review and preliminary design phase.Given the technically complex and challenging scope of this project due to space constraints, City staffis seeking support for project management, vehicle maintenance facility planning, community outreach,and grant assistance from Willdan.DISCUSSIONThe California Air Resources Board (CARB) has mandated that all off­road, light, medium, and heavy­duty vehicles transition to zero­emission by 2040. The City explored its options and has chosen toelectrify its fleet to meet this mandate. For the City to transition to an all­electric fleet, major electricalinfrastructure upgrades and operational changes need to occur at the Corporation Yard. In 2020, theCity hired Willdan to develop a long­term comprehensive transition plan for the transit, light, medium,and heavy­duty municipal fleets.In April 2023, Willdan and City staff finalized the Corporation Yard Electrification Buildout Plan (BuildoutPlan). The Buildout Plan outlines a comprehensive road map for the Corporation Yard to fully supportZEVs, including available technology of battery electric vehicles (BEVs), infrastructure upgrades,maintenance facility expansion, and funding needs. The preliminary estimate for the Buildout Plan is$89.4 million.Once the Buildout Plan was finalized, City staff reengaged Bennett Engineering to design and prepareplans, specifications, and cost estimates for  the first phase of upgraded electrical and charginginfrastructure needed at the Corporation Yard. Given the complexity of the project, which includes thedemolition and construction of portions of the Corporation Yard while it continues day­to­day operations,City staff is proposing to enter a Professional Services Agreement with Willdan to serve as a projectmanager and provide support for design and engineering, temporary and upgraded maintenancefacilities, community outreach, and funding assistance.FINANCIAL IMPACTThe Professional Services Agreement with Willdan for project management and owner's representativeservices for the transit and municipal fleet electrification Corporation Yard improvements will authorize anot­to­exceed amount of $452,100 plus 10% contingency ($411,000 + $41,100 contingency).Funding for this work has not been budgeted and will come from the following sources:Transportation Development Act Local Transportation Funds (LTF): $251,672Construction Permit Tax: $200,428No monies from the General Fund will be used for this Professional Services Agreement. Willdan’sscope of work includes a funding strategy and a cost share analysis to implement the Buildout Plan atthe Corporation Yard. Preliminary analysis indicates that a majority of the infrastructure costs will befunded with state and federal grants, which are competitive. The contribution of $200,428 inconstruction permit tax can contribute to the City’s local match requirement, making the project moreattractive to funding agencies. Staff will return to City Council at a future date once the phasing plan andfunding sources for construction are identified.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to approve this agreement, however, the Public Works Department doesnot have sufficient staff resources and subject matter expertise to manage and implement a project ofthis scope and complexity.STAFF CONTACTShaun Vigil, Transit Operations Manager(707) 434­[email protected] WITHFinance DepartmentATTACHMENTS:DescriptionAttachment 1: Proposed ResolutionAttachment 2: Proposed AgreementAttachment 3: Exhibit AREVIEWERS:Reviewer Action Date Feinstein, Diane Approved 2/5/2024 ­ 4:05 PM
Kaushal, Paul Approved 2/5/2024 ­ 9:14 PM
Dombrowski, Delaney Approved 2/6/2024 ­ 11:22 AM
Dombrowski, Delaney Approved 2/6/2024 ­ 11:22 AM
Packet Page 237 of 423

CITY OF FAIRFIELD

RESOLUTION NO. 2024-38

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

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND WILLDAN ENERGY SOLUTIONS FOR PROJECT MANAGEMENT AND OWNER’S

REPRESENTATIVE SERVICES FOR THE TRANSIT AND MUNICIPAL FLEET ELECTRIFICATION

CORPORATION YARD IMPROVEMENTS

WHEREAS, the California Air Resources Board (CARB) has mandated the transition of all off-road, light, medium, and heavy-duty vehicles to zero-emission by 2040, necessitating major electrical infrastructure upgrades and operational changes for the City's all-electric fleet transition; and

WHEREAS, Willdan Energy Solutions (Willdan) and City staff finalized the Corporation Yard Electrification Buildout Plan in April 2023, outlining a comprehensive roadmap for the transition of the Corporation Yard to fully support Zero Emission Vehicles, including the incorporation of battery electric vehicles, infrastructure upgrades, maintenance facility expansion, and funding needs; and

WHEREAS, in order to proceed with the design and engineering phase, which includes the demolition and construction of portions of the Corporation Ya rd while it continues day-to-day operations, the City will enter into a Professional Services Agreement with Willdan to serve as project manager and provide crucial support for design and engineering, temporary and upgraded maintenance facilities, community outreach, and funding assistance; and

WHEREAS, staff has reviewed the proposed scope of work by Willdan and determined that costs are fair and reasonable.

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

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City a Professional Services Agreement with Willdan for a total contract amount not-to-exceed $411,000.

Section 2. The public works director is hereby authorized to execute and administer amendments in an amount not-to-exceed $41,100.

Packet Page 238 of 423Attachment 1 Page 1 of 2

RES. NO. 2024-38

PASSED AND ADOPTED this 20th day of February 2024, 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 239 of 423Attachment 1 Page 2 of 2

1 Revised 1/26/2024

PROFESSIONAL SERVICES AGREEMENT
Project Management and Owners Representative Services Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard Improvements THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and Willdan Energy Solutions ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.

CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509) and online at www.fairfield.ca.gov/biz .

7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through December 31, 2025; or until the scope of work is completed.
9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and Packet Page 240 of 423Attachment 2 Page 1 of 29

2 Revised 1/26/2024

construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets

11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:

CITY Contact: Shaun Vigil
E-mail: [email protected]
Address: 2000 Cadenasso Dr, Fairfield, CA 94533
Telephone: 707-434-3807
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Taylor Briglio
E-mail: [email protected]
Address: 2401 E. Katella Ave #300, Anaheim, CA 92806
Telephone: 323-384-1988

Packet Page 241 of 423Attachment 2 Page 2 of 29

3 Revised 1/26/2024

EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By:__________________________________

CONSULTANT

By:___________________________________
Sharath Acharya PE
VP of Engineering
Packet Page 242 of 423Attachment 2 Page 3 of 29

4 Revised 1/26/2024

EXHIBIT “A”

SCOPE OF SERVICE

Packet Page 243 of 423Attachment 2 Page 4 of 29

October 12, 2023

Mr. Phil Layoso
Junior Engineer
Fairfield City Hall
1000 Webster Street, 3rd Floor
Fairfield, CA 94533

Re: Project Management and Owners Representative Services Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard Improvements

Dear Mr. Layoso,

Willdan Energy Solutions (Willdan) is pleased to submit the following scope of work to the City of Fairfield (City, Client) to provide additional Project Management and Owner’s Representative Service to our existing Transit Electrification Transition Modeling, including Feasibility Analysis, Corporation Yard Improvements Needs Assessment and Project Management Services scope.

Also enclosed is a proposed budget and to perform the proposed additional scope of work.

Willdan proposes the following tasks and associated deliverables for this scope of work:

Task 1: Corporation Yard Electrical Infrastructure Design Review and Support

Description: Willdan has supported Fairfield in determining the required long term EVCS and electrical infrastructure requirements. Fairfield has decided to pursue a design-bid-build approach for Phase 1a and has retained Bennet to complete the electrical and civil design.

Willdan will act as the owner’s rep and third-party reviewer to Bennet’s design to ensure that the final design meets the original intent and long-term needs. This task will include the following elements based on Bennett’s scope with Fairfield.

Project Management Support and Design Reviews
Willdan will participate in Bennet’s project management and design review meetings as they complete the design for the first phase of infrastructure and chargers. Bennet is planning for 10 project management meetings. During the meetings, Willdan will provide high level guidance to Benet to ensure that their design meets Fairfield’s long term fleet electrification needs. It is assumed that a final decision is made on the Phase 1a EV charger make and model before the 30% set is complete and will not be changed moving forward from there. As Bennet issues design deliverables to Fairfield, Willdan will complete design reviews, including redlining design sheets and providing comments and edits to final specification. Willdan will also provide additional meetings as necessary to clarify comments.

Packet Page 244 of 423Attachment 2 Page 5 of 29

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

2 PG&E EV Fleet Program Support
Fairfield has signed contracts with PG&E for two separate EV Fleet applications to cover the cost of utility side upgrades and subsidize behind the meter improvements to support fleet electrification. Ongoing coordination between Bennet’s design team and PG&E’s design requirements will be needed. Willdan will help schedule meetings, if needed, and support Bennet during these design meetings to ensure that PG&E’s design is in line with Bennet’s design and supports Fairfield’s long term fleet needs.

Bidding Support
Bennet is already scoped to lead the bidding support including responding to contractor’s questions. Willdan will provide support to Bennet and review Bennett’s responses and support drafting responses if needed.

Council Approval Support
After a contractor has been selected, the Fairfield’s City Council will need to approve the final contract. Willdan will support the Fairfield team in preparing presentations to the Planning Commission and/or City Council to facilitate approving the final contractor. As part of the presentations Willdan can illustrate how this first

Deliverables for this task:
 Written comments and redlines to Bennet’s design issued at 30%, 70%, 95%, and final plans, specs, and estimates (PS&E).
 Written comment and redlines to PG&E’s design, if applicable.  Drafted responses to bidders questions on final PS&E.  Presentations for up to two (2) meetings with City Council and/or the Planning Commission

Task 2: Vehicle Maintenance Facility Modernization and Expansion and Other Building Replacements Design and Construction Procurement Support.

Description: Fairfield will need to retrofit and expand its maintenance facility to support its long-term EV fleet needs, including relocating its bus wash and adding four maintenance bays to the South of the existing facility. While Anser completed a preliminary assessment, full design and construction is the next required step. Several other buildings may need to be demoed and rebuilt in the corporation yard as part of the first phase of improvements. Given Anser’s familiarity with the maintenance assessment, Willdan has partnered with them to prepare a Request for Proposal/Qualifications (to be determined at the start of the task) to hire a firm(s) to complete the design and construction of the maintenance facility improvements.

The following scope assumes a progressive design-build procurement for the maintenance facility retrofit and is generally recommended given the complexity and project risk. If, at the Packet Page 245 of 423Attachment 2 Page 6 of 29

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

3 start of the task, Fairfield has decided to pursue a traditional design-build or design-bid-build procurement, this scope can be adapted to support alternative procurement deliveries. A more detailed description of how a progressive design-bid versus traditional design-build procurement would proceed, including approximate timeline for key milestones, is attached to this scope of work.

Project Management
To ensure a smooth project, the Willdan Team will host project management check-in meetings with the City and project stakeholders to review progress, collect feedback on intermediate deliverables, and maintain overall project due diligence. At the start of the task, the Team will implement and manage a project team site for file sharing, data management, and document control. Project management will include overall Quality Control / Quality Assurance of products and deliverables (presentations, reports, documents, request for information, industry sounding day (if needed) communications and logistics, etc.)

Temporary Maintenance Plan
Fairfield is expecting delivery of its first three (3) Gillig BEBs towards the end of 2023 or early 2024. Maintenance Facility Improvements will not be completed before these vehicles arrive and will be put into revenue service. Willdan and Anser will prepare a transition plan for Fairfield for the safe maintenance of these buses while the main O&M facility is being designed and renovated.

For this task the team will meet with stakeholders (Bus OEMs, Fairfield staff, etc.) to identify the maintenance needs of the new buses, what services can be performed in the existing maintenance facility and what services may need a dedicated temporary facility with appropriate safety precautions. With the gaps now identified, the team can then determine what equipment or temporary facilities and solutions can help fill the gaps in service. From there, we will create a project schedule by estimating the duration of each activity. The team will leverage much of the original work done by the Anser team and elaborate further after obtaining updated needs from the stakeholder group and conducting research into recent case studies. From there, the team will then determine a phasing plan, in conjunction with Fairfield staff, to bridge the gap between when buses are delivered and when a new, renovated O&M facility is constructed and ready to service the BEBs. We will then determine an estimated project cost and risk management plan to aid Fairfield in deciding the optimal course of action.

Progressive Design-Build Procurement and On-Going Support (Recommended Approach)

Assess Existing Conditions (~1 month)
The Willdan Team will identify technical studies Fairfield has completed to date, and what is most relevant for the RFQ/P as needed, including but not limited to: master planning documents, existing conditions reports, market analysis, geotechnical and subsurface investigations, environmental site assessments, and traffic impact study. The Team will obtain existing utility maps for project site(s) along with any necessary financials/legal covenants or Packet Page 246 of 423Attachment 2 Page 7 of 29

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

4 restrictions. To the extent that technical studies above are available the Team will identify potentially required "enabling works” or site preparation Fairfield is willing and able to do.

Throughout the project we will obtain approval and buy-in from project stakeholders.

Draft RFP/Q (~2-3 months)
In close coordination with Fairfield, the Team will craft a complete and concise RFP/Q for Fairfield to hire a progressive design-build firm to complete the design and construction of the maintenance facility retrofits. It is assumed that a template or past example will be available for the facility improvements. Risks and constraints associated with the project will be reflected in the RFP/Q. The Team will draft a project narrative for the anticipated scope of work, budget and all pertinent information required for proposers.

The Team will create an RFP/Q cost estimate form (if pricing will be asked of responders) to ensure cost metrics are evaluated evenly. The Team will work alongside Fairfield to define the evaluation criteria and proposed scoring matrix to be included in the RFP/Q. Separately, an evaluation manual for objective evaluation and scoring of the RFP will be created and provided to Fairfield. Fairfield will be trained on how to use the scoring evaluation.

As the final project scope is determined the Team will put together a revised estimated project timeline and budget. It will also contain a project specifications sheet for prospective vendors, terms and conditions (which will be reviewed by Fairfield’s legal/financial divisions). The RFP/Q will conform to Fairfield’s formatting guidelines and requirements.

The final RFQ/P will be reviewed and refined with Fairfield’s executive leadership and pertinent stakeholder feedback. The Team will help advertise the final RFP/Q to potential bidders.

Managing the RFQ/P process and Bidding Support (~1 month) After the RFP/Q is issued, the Team will coordinate and assist, as needed, a pre-submittal call, and/or collaborative dialog meetings with prospective vendors. The Team will review alternative technical concepts provided by vendors (if applicable), draft responses to vendor questions, and issue any necessary addendum / updates to any pertinent documents.

After bids have been received, the Team will support Fairfield in completing a technical review and scoring proposed submittals. The Team will host an evaluation and scoring review meeting with Fairfield to review the proposals and recommend a short list for Fairfield to interview. The Team will create a document repository with all comments, questions, and information regarding the selection of the vendor(s).

Ongoing Support (5-7 months)
After a progressive design-build firm is selected, the Willdan team will provide ongoing owner’s rep support to Fairfield while the design-build firm completes their design and prepares their guaranteed maximum price (GMP). Throughout the design, the Willdan team will work with the Design Builder to address RFI questions, validate assumptions based on the preliminary design and work with Fairfield to validate indicative phased pricing (i.e. 30, 70, 90 % design documents Packet Page 247 of 423Attachment 2 Page 8 of 29

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

5 that may be issued). If needed, the Willdan Team can implement and manage a Project Team Site for file sharing, data management, and document control. The Willdan Team will provide QA/QC of design-build firm’s deliverables (presentations, reports, documents, request for information, industry sounding day communications and logistics, etc.). When the design-build firm issues its final contract and GMP, the Willdan team will validate final GMP pricing and review contract terms. Willdan will provide stakeholder and Community Management as needed throughout the design-build process. (Administration, Community Development, Finance, HR, IT, and Public Works). This scope ends when a construction contract is issued with the selected design-build firm.

Deliverables for this task:
 Copies of meeting agendas and meeting minutes
 Temporary Maintenance Plan Report
 Draft and final RFP/Q and scoring matrix
 Responses to vendor questions
 Evaluation of submitted proposals
 Review and comments to Design-Build firm deliverables (design drawings, presentations, etc.)
 Vetted final GMP and construction contract with selected design-build firm Task 3: Community Outreach
Description: As Fairfield beings to operate electric vehicles and start construction at the corporation yard Fairfield has indicated it wants to proactively engage the community on key element as it relates to using the new technology and upcoming construction that may impact neighboring residential areas. Willdan will leverage AIM Consulting’s (AIM) experience and knowledge of the City to lead the Community Outreach task. AIM will provide strategic advice and counsel, review project materials and information, coordinate with the City of Fairfield and the project team, and monitor team communications throughout the outreach and engagement.

Community Awareness and Education Program
Controversy often occurs about a project because stakeholders and community members have not received enough information about why a city is undertaking a project, what the project consists of, the project goals, and community benefits. When we share comprehensive information about the benefits of EV project it creates greater buy in from the community. At the beginning of the project, AIM will develop and implement a community awareness and education program to create a shared understanding of the project rollout, the project elements, and the community benefits.

The community awareness program will leverage the City’s existing communication links, community-based organizations and local media to help explain why the City is undergoing fleet electrification and how they can learn more. AIM’s communication professionals will create communication materials such as fact sheets, informational brochures, FAQs and digital infographics series, and social media programs that can be published on the City’s social media Packet Page 248 of 423Attachment 2 Page 9 of 29

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

6 channels, can be easily shared on other community-based organizations’ social media platforms, to highlight educational elements about the batter sourcing and potential construction impacts.

Communication Collateral and Project Website Content
AIM will develop outreach materials to inform the community about the City of Fairfield Fleet Electrification. These materials can include lawn signs, project flyers, informational brochures, fact sheets, and FAQs. A template for each collateral item will be developed consistently that is easily updated and sent or distributed through electronic means. AIM will distribute these materials via the website and email updates to the database as necessary.

AIM will develop updated content for the project webpage, to be hosted on the City website.

Webpage content will include educational information about both battery sourcing and construction concerns. Website visitors will be able to access project information such as fact sheets, FAQs, and a schedule. Visitors will also be able to provide their contact information to receive electronic project updates.

Social Media Plan
AIM will work with the City to create a social media campaign on existing social media channels (City Twitter and Facebook pages). Social media will be utilized to communicate educational information to stakeholders about the proposed plans and schedule, and AIM will partner with key stakeholders to send information through social media channels. A social media plan will be put in place for each task.

Direct Mail Piece (1)
AIM will prepare and mail project information flyers to properties and tenants in the vicinity of the project to update the constituents of the upcoming construction. The mailer will include but is not limited to the project description, website, the anticipated date for rollout, and educational materials. AIM will mail the postcard to residences and property owners in the vicinity identified by the City.

Pop-up Workshops (2)
Pop-up workshops can provide an opportunity to advertise the project by going into the community and playing into one of their events. Each pop-up workshop will take place at a community destination, local event, or high pedestrian key shopping center. The pop-ups will include displays and input boards illustrating educational information about the campaign.

AIM will facilitate, plan, provide all supplies, and coordinate all logistics for three sets of two pop-up workshops. AIM will develop engagement activities, board displays, interactive community engagement activities, informational fact sheets and brochures, and comment cards.

At the conclusion of the pop-up workshops, AIM will develop a comprehensive summary that will include all input obtained and photography; these summaries will be posted to the project webpage.

Packet Page 249 of 423Attachment 2 Page 10 of 29

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

7 Deliverables for this task
 Communication collateral for outreach tasks
 Stakeholder database
 Summarized comments or responses gathered throughout the outreach activities

Task 4: Grant Assistance

Description: The Willdan team has supported Fairfield apply for multiple grants to date.

Fairfield will need ongoing grant support and assistance to continue applying for grants, rebates, incentives, and other funding opportunities.

As Needed Grant Assistance
When a grant opportunity is identified, Willdan and Fairfield will mutually agree on the level of effort needed from each party. Willdan can support in a variety of ways such as writing portions of grant applications, supporting filling out rebate or incentive forms, and/or preparing supporting calculations and cost estimates. This scope includes on-going support that may be needed once a grant is submitted, including responding to RFIs from grant administrators.

While specific grants and funding opportunities have not been identified yet, Willdan anticipates supporting Fairfield on a variety of funding applications that may include, but not limited to the following:
 FTA Grants such as Low-No and Bus & Bus Facilities
 RAISE. One RAISE grant is accounted for in this scope.  CEC grants. The CEC is currently developing a grant program for municipal fleet electrification, which Fairfield may be eligible to apply for.  Carl Moyer vehicle and infrastructure grants. Additional grant requests may be available each calendar year.
 ENERGIIZE
 TIRCP
New funding opportunities may become available in the future as the federal and state governments allocate new money towards vehicle electrification.

As different funding options require different levels of effort, the budget for the proposed task is meant to act as a starting point to provide continued grant support on an as-needed basis. For the purposes of this scope, Willdan will assume approximately $12,000 of effort per anticipated grant application, planned for up to 13 different non-RAISE grant or funding opportunities.

Certain grants and funding opportunities may require less effort, and some may require more.

As part of this task, Willdan has budgeted for 1 RAISE grant, which may require $45-$50K to help prepare given the level of detail required. This brings the total number of grants/funding opportunities under this scope to 14.

Deliverables for this task
Packet Page 250 of 423Attachment 2 Page 11 of 29

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

8  Written sections on grant applications, incentive, or rebate forms

Fee
Willdan proposes the above scope of work, billed on a monthly time and materials (T&M) basis up to a not to exceed amount of $411,000. A task level budget breakdown with hours and billing rates is shown in the attached table. A more complete list of maximum hourly rates is included, should additional staff be needed throughout this scope.

Please don’t hesitate to contact the Project Manager, Taylor Briglio, at 323-384-1988 if you have any questions about the proposed scope of work.

Respectfully submitted,

Taylor Briglio
Clean Mobility Manager
Willdan Energy Solutions

Packet Page 251 of 423Attachment 2 Page 12 of 29

Director
Project
Manager II
Senior
Engineer III Grant Writer
Associate
Engineer I
Project
Manager I
Financial
Analyst
Outreach Project
Manager
Outreach Senior
Project
Coordinator
Outreach
Project
Coordinator II
Outreach
Graphic
Design
Senior Vice
President -
MF
Vice
President -
MF
Senior
Director/
Senior PM - MF
Project
Manager/
Energy
Engineer - MF
$226.00 $197.00 $201.00 $180.00 $179.00 $169.00 $216.00 $176.00 $122.00 $106.00 $197.00 $330.00 $275.00 $237.00 $176.00 Task 1 - Corporation Yard Electrical Infrastructure Design Review and Support Project Management Meetings with
Bennet 10.0 10.0 10.0 30.0 5,770$
Design Reviews 16.0 8.0 24.0 48.0 10,016$
PG&E EV Fleet Support 20.0 20.0 40.0 7,960$
Bidding Support 4.0 4.0 8.0 1,504$
Presentation Support 20.0 20.0 3,940$
Subtotal 16.0 62.0 54.0 0.0 14.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 146.0 29,190$ Task 2 - Vehicle Maintenance Facility Designer Procurement Support Project Management Meetings with
Fairfield for RFP/Q and Ongoing
Support 12.0 10.0 24.0 12.0 58.0 12,914$
Assessing Needs and Project Scope 2.0 10.0 10.0 15.0 37.0 8,154$ Developing the RFQ/P 8.0 2.0 20.0 40.0 20.0 90.0 20,736$ Managing the RFQ/P process and
Bidding Support 4.0 2.0 10.0 30.0 15.0 61.0 13,948$
Temporary Maintenance Plan 4.0 4.0 20.0 50.0 30.0 108.0 24,738$ Ongoing Support 20.0 20.0 60.0 140.0 70.0 310.0 72,540$ Subtotal 0.0 50.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 28.0 130.0 294.0 162.0 664.0 153,030$ Task 3 - Community Outreach
Outreach Management 10.0 12.0 22.0 4,082$
Communication Collateral and Project
Website 2.0 8.0 6.0 5.0 14.0 35.0 5,822$
Direct Mail Piece (1)2.0 4.0 2.0 6.0 14.0 2,492$
Social Media Plan and Schedule 2.0 10.0 2.0 6.0 20.0 2,966$ Pop of Workshops (2)14.0 10.0 6.0 4.0 34.0 5,108$
Subtotal 0.0 14.0 0.0 0.0 0.0 0.0 0.0 40.0 26.0 15.0 30.0 0.0 0.0 0.0 0.0 125.0 20,470$ Task 4 - Grant assistance
As-needed grant assistance 200.0 320.0 320.0 840.0 151,080$ RAISE Grant 32.0 80.0 40.0 100.0 252.0 49,064$
Subtotal 0.0 232.0 0.0 400.0 0.0 320.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1092.0 200,144$ TOTAL 16.0 358.0 54.0 400.0 14.0 320.0 0.0 40.0 26.0 15.0 30.0 28.0 130.0 294.0 162.0 2027.0 402,834$ Total Labor Cost 402,834$
Total Direct Costs 8,166$
Total Cost 411,000$
Total Labor Cost
Project Management and Owners Representative Services Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard Improvements October 12, 2023
SUMMARY TASK Total Hours
Packet Page 252 of 423Attachment 2 Page 13 of 29

WILLDAN ENGINEERING
Schedule of Hourly Rates
Effective July 1, 2023 to June 30, 2024

** For Non-Prevailing Wage Project *** For Prevailing Wage Project Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation.

Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2023 thru June 30, 2024, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations.

Rev V02 05.12.2023

DESIGN ENGINEERING
Technical Aide I $77
Technical Aide II $100
Technical Aide III $120
CAD Operator I $126
CAD Operator II $146
CAD Operator III $162
GIS Analyst I $164
GIS Analyst II $180
GIS Analyst III $191
Environmental Analyst I $140
Environmental Analyst II $157
Environmental Analyst III $166
Environmental Specialist $180
Designer I $168
Designer II $174
Senior Designer I $184
Senior Designer II $193
Design Manager $191
Senior Design Manager $198
Project Manager I $177
Project Manager II $197
Project Manager III $207
Project Manager IV $223
Principal Project Manager $227
Program Manager I $197
Program Manager II $209
Program Manager III $228
Assistant Engineer I $137
Assistant Engineer II $153
Assistant Engineer III $161
Assistant Engineer IV $170
Associate Engineer I $179
Associate Engineer II $186
Associate Engineer III $190
Senior Engineer I $194
Senior Engineer II $198
Senior Engineer III $201
Senior Engineer IV $204
Supervising Engineer $209
Traffic Engineer I $209
Traffic Engineer II $223
City Engineer I $223
City Engineer II $227
Deputy Director $231
Director $237
Principal Engineer $257

BUILDING AND SAFETY
Assistant Code Enforcement Officer $103
Code Enforcement Officer $118
Senior Code Enforcement Officer $139
Supervisor Code Enforcement $168
Plans Examiner Aide $110
Plans Examiner $168
Senior Plans Examiner $184
Assistant Construction Permit Specialist $118
Construction Permit Specialist $124
Senior Construction Permit Specialist $146
Supervising Construction Permit
Specialist
$154
Assistant Building Inspector $139
Building Inspector $154
Senior Building Inspector $168
Supervising Building Inspector $184
Inspector of Record $196
Deputy Building Official $196
Building Official $198
Plan Check Engineer $192
Supervising Plan Check Engineer $194
Principal Project Manager $227
Deputy Director $231
Director $237

PLANNING
CDBG Technician $82
CDBG Specialists $98
CDBG Analyst $116
CDBG Coordinator $144
CDBG Manager $174
Housing Programs Coordinator $144
Planning Technician $123
Assistant Planner $154
Associate Planner $168
Senior Planner $191
Principal Planner $198
Planning Manager $211
Deputy Director $231
Director $237

ADMINISTRATIVE
Administrative Assistant I $95
Administrative Assistant II $114
Administrative Assistant III $133
Project Accountant I $107
Project Accountant II $125
Project Controller I $133
Project Controller II $150

CONSTRUCTION MANAGEMENT
Labor Compliance Specialist $139
Labor Compliance Manager $174
Utility Coordinator $167
Office Engineer I $140
Office Engineer II $159
Assistant Construction Manager $152
Construction Manager $176
Senior Construction Manager $191
Resident Engineer I $198
Resident Engineer II $206
Project Manager IV $223
Deputy Director $231
Director $237

INSPECTION SERVICES
Public Works Observer ** $125
Public Works Observer *** $151
Senior Public Works Observer** $136
Senior Public Works Observer *** $151

MAPPING AND EXPERT SERVICES
Survey Analyst I $143
Survey Analyst II $164
Senior Survey Analyst $187
Supervisor - Survey & Mapping $197
Principal Project Manager $227

LANDSCAPE ARCHITECTURE
Assistant Landscape Architect $146
Associate Landscape Architect $168
Senior Landscape Architect $184
Principal Landscape Architect $195
Principal Project Manager $227

Packet Page 253 of 423Attachment 2 Page 14 of 29

MAINTENANCE FACILTY PROCURMENET

OUR UNDERSTANDING OF THE PROJECT
Our understanding of the objective:
•Fairfield will need to retrofit and expand its maintenance facility to support its long-term EV fleet needs, including relocating the existing bus wash and adding four maintenance bays to the south of the existing facility, to help to meet the 2040 goal of a fully zero emissions fleet.
•While a preliminary assessment was completed, full design and construction must be completed. Several other buildings may need to be demoed and rebuilt in the corporation yard as part of the early site upgrades. •Fairfield is currently exploring a Design Bid Build (DBB), a Progressive Design Build (PDB) or a Design Build (DB) to accomplish this work. This presentation outlines the requirements for a PDB and DB.
•In order to prepare Fairfield for delivery of three (3) Gillig BEBs towards the end of 2023 or early 2024, the subsequent materials provide an outlined plan on assisting Fairfield with creating a transition plan for the safe maintenance of these buses while the main O&M facility, with the ultimate goal of securing a design builder to create a permanent solution.

Packet Page 254 of 423Attachment 2 Page 15 of 29

Executive Summary
Progressive Design Build Design Build
•DB is recommended when the
Owner has a firm understanding
of project parameters,
requirements and objectives and
values design competition and
innovation.
•PDB is recommended when the
project Owner has less certainty
around the program and project
definition, and values
collaboration with the PDB firm
to identify the project’s needs.

Packet Page 255 of 423Attachment 2 Page 16 of 29

PDB Process
Advantages:
•Design input: PDB offers better opportunities for best-value design decisions early in the process, as the efforts are collaborative. Slightly heightened design risk to the owner, however, allows for more owner input through a collaborative design process. •Cost transparency: PDB provides an “open-book” accounting system, allowing the team to evaluate how choices will affect the budget and schedule, i.e., value engineering can begin before design is finalized and GMP reached.
•Collaboration: PDB encourages collaboration between the owner and the design-build team, which can lead to better program and design development. •Schedule acceleration: Design finalization and construction are able to be had in parallel, leading to a compressed schedule when compared to DBB Drawbacks:
•Increased owner engagement: Owner is expected to be more present and collaborative in the design process •Reduced deliverables: The PDB RFP phase entails significantly reduced deliverable and design expectations and does not include an indicative or final GMP. Costs can be considered, but only in the context of PDB fee %.
•Reduced innovation and competitive tension: As there are fewer deliverables in the PDB procurement, there will be lower competitive tension in terms of cost, solutions and overarching innovation.

Step 1 Strategic Program
Definition
• The Owner establishes the
project vision, goals
objectives and identifies any
known potential challenges
(temporary O&M phasing,
schedule, funding, permitting,
etc.)
Step 2 Draft and Issue
Request for Qualifications
(RFQ)
•Professional, financial and
experiential requirements for
Proposers and the general
project parameters are
articulated in an RFQ.

Step 3 Proposal Submission
and Evaluation
•Once received, the Owner
evaluates proposals on the
basis of qualifications, project
approach, team member,
references and DB’s Fees
Step 4 Contract Award
•The selected PDB enters an
Initial Design Contract
contract(s) with the Owner,
which initiates a collaborative
design process. Once the
entire team is on board, plans
are finalized based on the
owner’s budget limitations,
vision, and goals.

Step 5 Design and GMP
•Owner work’s collaboratively
with the PDB team to arrive at
a design that establishes the
project requirements in terms
of facility size and
performance, criteria, finish
requirements, quality
standards, applicable codes,
regulatory standards,
population/capacities,
equipment requirements, etc.

This allows the PDB to arrive
at a GMP
Step 6 Contract Amendment
•The selected PDB executes
the final contract(s) with the
Owner, which incorporates
the collaborative design at the
negotiated GMP.
•*IMPORTANT* If a GMP is
not agreed upon, Owner has
the right to exit the contract
and take the initial design to
another bidder.

Step
7 Documents/Construction -
•Upon completion of the
design documents for all
elements (or for specific
phases) of the project,
construction commences. The
contract may provide for fast-
track methods, allowing
construction to proceed after
logical phases of design and
permitting are completed, but
prior to completion of the
entire body of construction
documents.

Packet Page 256 of 423Attachment 2 Page 17 of 29

1. Temp O&M Phasing
of the project
•Goal: Create an indicative plan for the Temporary O&M
Facility
•Deliverable: Indicative options for temporary O&M facility •Tasks: Stakeholder meetings to identify needs, gaps and aspirations
•Administration, Community Development, Finance, HR, IT, and Public Works)
•Initial meeting, meeting to confirm feedback/progress, and path forward
•Research case studies; Identify phasing options, evaluate and recommend solutions; Develop a budget by estimating the cost of each activity; Develop a risk management plan; Identify potential procurement options and create and
project delivery assessment.
•Result: Site layout and conceptual plan for DB team to ‘sink their teeth into’ and react to during the procurement
process. Case studies on previous successful Temp O&M
facilities for PDB firms to glean best practices from.
•Timeline: 1-3 months

2. Procurement
•Goal: Lead the procurement for a PDB contract for the
initial contract (drafting, scoring, selection)
•Deliverable: Qualifications based RFQ and selection of a PDB firm (potential to include cost as DB % fee). Engineering Service Agreement
•Tasks: Identify technical studies Fairfield has completed to date, and what is most relevant for the RFQ/P as needed, including but not limited to: master planning documents, existing conditions reports, market analysis, geotechnical and subsurface investigations, environmental site
assessments, and traffic impact study. Obtain existing utility maps for project site(s). Evaluate risks and constraints; Define the evaluation criteria; Develop a project timeline; Define the RFQ/P format and requirements; Develop the
RFQ/P contents; Review and refine the RFQ/P; Obtain legal and procurement approvals; Project specifications; Draft an Engineering Service Agreement; Terms and Conditions -
Review and Interface with legal / financial; Distribute the RFQ/P to vendors; Collaborative Dialog meetings, and
Selection of PDB.
•Result: Executed Initial Contract (also known as Engineering Service Agreement or Initial Design Contract)
•Timeline: 3-5 months

3. Ongoing Support
•Goal: Provide technical support throughout the indicative contract until final DB contract is executed
•Deliverable: Final Contract. Support the PDB team
throughout initial contract and get to final contract with PDB team. 100% Schematic (or as needed design to provide cost) and GMP
•Tasks:
•Work with the Design Builder to address RFI questions, validate assumptions based on the preliminary design and work with Fairfield to validate indicative phased pricing (30, 70, 90 % design documents).
•Support Wildan on the management and coordination of
Project Due Diligence, Project Meetings, Visioning Sessions with Executive Leadership
•Implementation and management of Project Team Site for file sharing, data management, and document control.
•QAQC of deliverables (presentations, reports, documents, request for information, industry sounding day
communications and logistics, etc.)
•Stakeholder / Community Management as needed
(Administration, Community Development, Finance, HR, IT, and Public Works)
•Validate GMP
•Result: A shovel ready project with an executed PDB
contractor
•Timeline: 5-7 months
OPTION 1 – Progressive Design Build
Packet Page 257 of 423Attachment 2 Page 18 of 29

Progressive Design Build 11/1/2023 12/1/2023 1/1/2024 2/1/2024 3/1/2024 4/1/2024 5/1/2024 6/1/2024 7/1/2024 8/1/2024 9/1/2024 10/1/2024 11/1/2024 12/1/2024 1/1/2025 Owner’s Needs Assessment: The owner analyzes its current and future facility requirements to determine the appropriate facility development plan for the planned use.

Request for Qualifications (RFQ) DRAFTING: Qualificaitons based on previous expereince, financial capabilities and experiential requirements for proposers and the general project parameters are articulated in an RFQ.

Engineering Service Agreement (ESA) (optional): An agreement drafted, that the highest ranked bidder will enter into an ESA to provide the Owner with a 100% Schematic Design and GMP. Owner has the right to negotioate and if no deal is reached, the right to own the 100% SD design and move forward with the second ranked vendor.

RFQ RELEASED
Pre-Proposal Conference: Optional meeting early in the proposal preparation period to allow proposers to ask questions and request clarifications.

RFQ Review Period: Evaluation and Selection of shortlisted teams Proposal Submission and Evaluation: Once received, the owner evaluates proposals on the basis of quality of design, price, and other predetermined factors (best value). The owner may request that the proposers make in-person presentations to the owner’s selection panel.

Contract Award: The selected proposer enters into a contract with the owner, which incorporates both the owner’s requirements and the Design-Builder’s proposal.

Collaborative design discovery period - GMP received
Documents/Construction: Upon completion of the design documents for all elements (or for specific phases) of the project, construction commences.

Anticipated Tasks
Identify technical studies Fairfield has completed to date, and what is most relevant for the RFQ/P as needed, including but not limited to: master planning documents, existing conditions reports, market analysis, geotechnical and subsurface investigations, environmental site assessments, and traffic impact study. Obtain existing utility maps for project site(s).

Evaluate risks and constraints. Define the evaluation criteria. Develop a project timeline. Define the RFQ/P format and requirements. Develop the RFQ/P contents. Review and refine the RFQ/P. Obtain legal and procurement approvals. Develop Project specifications. Draft Terms and Conditions - Review and Interface with legal / financial. Distribute the RFQ/P to vendors. Create scoring and evaluation matrix. Create price and cost proposal form. Lead procurement, address RFI questions, lead pre- proposal conference.

Provide necessary addendum / updates to any pertinent documents.

PDB is a delivery method that allows for collaborative development of project criteria that is a qualifications-based procurement process versus one based primarily on cost. In a PDB project, the owner issues a Request for Qualifications, and selects the design-build contractor based on the contractor’s qualifications and past performance. The design-build contractor and owner then collaborate to develop the project’s design and budget. OPTIONAL Engineering Service Agreement to get the preffered vendor to 100% DD and negotiate GMP, if negotiations fail, owner has right to go to second highest vendor. This collaboration allows the owner to have greater control and involvement throughout development of the design and budget. As far as budget is concerned, unlike in a DB project, the final Guaranteed Maximum Price (GMP) is typically not reached until the design is nearing completion. Rather, as the design progresses, the design-build contractor provides preliminary GMP at various milestones throughout the project until the final GMP is established Management and coordination of Project Due Diligence, Project Meetings, Stakeholder Engagement, Visioning Sessions with Executive Leadership. Quality Control / Quality Assurance of products and deliverables (presentations, reports, documents, request for information, industry sounding day communications and logistics, etc.) Packet Page 258 of 423Attachment 2 Page 19 of 29

Step 1 Strategic Facility
Planning
•The Owner analyzes its
current and future facility
requirements to determine
the appropriate facility
development plan for the
planned use.

Step 2 Program Definition
• The Owner establishes the
project requirements in
terms of facility size and
performance, criteria, finish
requirements, quality
standards, applicable codes,
regulatory standards,
population/capacities,
equipment requirements,
etc.
•*IMPORTANT* Anser would
recommend sourcing an
Architect and or Engineer to
help establish these
requirements. This is not
included as part of our
proposal.

Step 3 Request for
Qualifications (RFQ)
•Professional, financial and
experiential, approach and
teaming requirements for DB
teams and the general
project parameters are
articulated in an RFQ.
•Three – Five teams
shortlisted for downstream
RFP
Step 4 Request for
Proposals (RFP)
•The Owner solicits design
and cost proposals from the
short-listed design-build
teams in a RFP. Project
design criteria, site
information, contract
requirements, selection
procedure and proposal
(submittal) requirements.

Step 5 Pre-Proposal
Conference / Collaborative
Dialog Meetings
•Allow DB teams to ask
questions and request
clarification on design intent,
project requirements and
parameters.

Step 6 Proposal Submission
and Evaluation
•Once received, the Owner
evaluates proposals based on
quality of design, price and
other predetermined factors
(best value). Interview and
site visits optional
Step 7 Contract Award
•The selected DB team
contract(s) with the Owner,
which incorporates both the
Owner's requirements and
the DB’s proposal, initial
design and indicative GMP.

Step
8 Documents/Construction
-
•Upon completion of the
design documents for all
elements (or for specific
phases) of the project,
construction commences.

DB Process
Advantages:
•Cost certainty: DB provides an Indicative GMP prior to a selection being made and through a two step qualifications and cost-based proposal. Hence, the requirement for more upfront work on the Owner, and increased deliverables from the proposers
•Innovation: DB enhances competitive tension, and encourages innovation between competing design-build teams, which can lead to better cost efficiencies, innovation in design, program and design development. •Risk management: DB allows shift design risk fully to the DB team. •Schedule acceleration: Design finalization and construction are able to be had in parallel, leading to a compressed schedule when compared to DBB Drawbacks:
•Increased upfront owner engagement: Owner is expected to have performed more leg work prior to procurement and requires greater internal resources to clearly articulate project objectives prior to procurement.
•Design input: DB offers design inputs past the 100% Schematic Design phase; however, Owner does not provide feedback on design until GMP is selected, hence the requirement to have a firmer understanding and clearer expectations laid out in the RFQ/P.
•Design stipend: Generally, for DB contractors to provide designs and a GMP, a stipend would be recommended. •Less transparency: Owner’s are provided limited amounts of documentation during the design process, and they might not be aware of the financial cost implications of the design choices until after a selection has been made.
•Control: Lower owner control over initial design and subcontractor selection Packet Page 259 of 423Attachment 2 Page 20 of 29

1. Upfront Technical Support
•Goal: Provide technical support prior to issuance of the procurement
•Deliverable: DB team throughout initial contract and get to final contract with PDB team. 100% Schematic and
GMP
•Tasks: Support Wildan in the project definition.
•Identify technical studies Fairfield has completed to
date, and what is most relevant for the RFQ/P as
needed, including but not limited to: master planning
documents, existing conditions reports, market analysis, geotechnical and subsurface investigations,
environmental site assessments, and traffic impact
study.
•Obtain existing utility maps for project site(s). Support Wildan in defining the program to a point where project teams are able to provide an indicative GMP.
•Stakeholder meetings to identify needs, gaps and
aspirations
•Administration, Community Development, Finance,
HR, IT, and Public Works)
•Initial meeting, meeting to confirm feedback/progress, and path forward
•Research case studies; Identify phasing options,
evaluate and recommend solutions; Develop a budget
by estimating the cost of each activity; Develop a risk management plan; Identify potential procurement
options and create and project delivery assessment.
•Result: Project specifications and a detailed plan
•Timeline: 4-6 months
•*it’s important to note we would recommend
outsourcing a design consultant to help finalize the
design layout, finishes and necessary information for a DB contractor to price.

2. Procurement
•Goal: Lead the procurement for a Design Build
Contractor
•Deliverable: A two step procurement process –
qualifications based RFQ and priced based RFP. Lead the procurement and assist.
•Tasks: Two procurements – RFQ and RFP, evaluation and
training manual for each, with the ultimate goal of a
selected DB contractor. Evaluate risks and constraints; Define the evaluation criteria; Develop a project
timeline; Define the RFQ/P format and requirements;
Develop the RFQ/P contents; Review and refine the
RFQ/P; Obtain legal and procurement approvals; Project
specifications; Draft an Engineering Service Agreement; Terms and Conditions - Review and Interface with legal / financial; Distribute the RFQ/P to vendors, address
questions, create selection and evaluation manual,
evaluate responses, and get to project financial close. •Result: 100% schematic design and GMP
•Timeline: 4-7 months
OPTION 2 –Design Build
Packet Page 260 of 423Attachment 2 Page 21 of 29

Design Build 11/1/2023 12/1/2023 1/1/2024 2/1/2024 3/1/2024 4/1/2024 5/1/2024 6/1/2024 7/1/2024 8/1/2024 9/1/2024 10/1/2024 11/1/2024 12/1/2024 1/1/2025 Strategic Facility Planning: The owner analyzes its current and future facility requirements to determine the appropriate facility development plan for the planned use.

Program Definition: The owner establishes the project requirements in terms of facility size and performance, criteria, finish requirements, quality standards, applicable codes, regulatory standards, population/capacities, equipment requirements, etc.

Request for Qualifications (RFQ) DRAFTING: Qualificaitons based on previous expereince, financial capabilities and experiential requirements for proposers and the general project parameters are articulated in an RFQ.

RFQ RELEASED
RFQ Review Period: Evaluation and Selection of shortlisted teams Request for Proposals (RFP) DRAFTING: Cost based proposal, owner to provide updated project design criteria, updated specifications (i.e. design finishes, required number of buses / stations, etc.) site information, contract requirements, selection procedure, and proposal (submittal) requirements.

RFP RELEASED
Pre-Proposal Conference: Some owners hold this optional meeting early in the proposal preparation period to allow proposers to ask questions and request clarifications.

Proposal Submission and Evaluation: Once received, the owner evaluates proposals on the basis of quality of design, price, and other predetermined factors (best value). The owner may request that the proposers make in-person presentations to the owner’s selection panel.

Contract Award: The selected proposer enters into a contract with the owner, which incorporates both the owner’s requirements and the Design-Builder’s proposal.

Documents/Construction: Upon completion of the design documents for all elements (or for specific phases) of the project, construction commences.

Anticipated Tasks
Evaluate risks and constraints. Define the evaluation criteria. Develop a project timeline. Define the RFQ/P format and requirements. Develop the RFQ/P contents. Review and refine the RFQ/P. Obtain legal and procurement approvals. Develop Project specifications. Draft Terms and Conditions - Review and Interface with legal / financial. Distribute the RFQ/P to vendors. Create scoring and evaluation matrix. Create price and cost proposal form. Lead procurement, address RFI questions, lead pre- proposal conference.

Provide necessary addendum / updates to any pertinent documents.

The design-build contractor is selected through a two-step process. In a two-step process, owners first identify a short list of design-builders based on responses to a Request for Qualifications issued by the owner. The selected design-builders are then issued a Request for Proposal, which includes a baseline design and technical specifications. Based on the baseline design, the design-builders prepare and submit a detailed technical proposal with a design containing enough detail to define both scope and price. A GMP is recieved during the RFP stage.

Management and coordination of Project Due Diligence, Project Meetings, Stakeholder Engagement, Visioning Sessions with Executive Leadership. Quality Control / Quality Assurance of products and deliverables (presentations, reports, documents, request for information, industry sounding day communications and logistics, etc.) Identify technical studies Fairfield has completed to date, and what is most relevant for the RFQ/P as needed, including but not limited to: master planning documents, existing conditions reports, market analysis, geotechnical and subsurface investigations, environmental site assessments, and traffic impact study. Obtain existing utility maps for project site(s).

Packet Page 261 of 423Attachment 2 Page 22 of 29

5 Revised 1/26/2024

EXHIBIT “B”

PAYMENT

1) The total contract price for services rendered by CONSULTANT under this Agreement shall be as specified below:
• Four hundred and eleven thousand dollars ($411,000)

2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the Project Manager, Shaun Vigil, for the same. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT, and shall be billed on a time and materials basis to the Project Manager, Shaun Vigil.

Packet Page 262 of 423Attachment 2 Page 23 of 29

6 Revised 1/26/2024

EXHIBIT “C”

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

CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.

Packet Page 263 of 423Attachment 2 Page 24 of 29

7 Revised 1/26/2024

8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

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

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

CONSULTANT’S responsibility for such defense and indemnity shall survive termination or Packet Page 264 of 423Attachment 2 Page 25 of 29

8 Revised 1/26/2024

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

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

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

Packet Page 265 of 423Attachment 2 Page 26 of 29

9 Revised 1/26/2024

EXHIBIT “D”

INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.

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

Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.

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

Packet Page 266 of 423Attachment 2 Page 27 of 29

10 Revised 1/26/2024

investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in 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 affecting the coverage required by these specifications.

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11 Revised 1/26/2024

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.

Packet Page 268 of 423Attachment 2 Page 29 of 29

October 12, 2023

Mr. Phil Layoso
Junior Engineer
Fairfield City Hall
1000 Webster Street, 3rd Floor
Fairfield, CA 94533

Re: Project Management and Owners Representative Services Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard Improvements

Dear Mr. Layoso,

Willdan Energy Solutions (Willdan) is pleased to submit the following scope of work to the City of Fairfield (City, Client) to provide additional Project Management and Owner’s Representative Service to our existing Transit Electrification Transition Modeling, including Feasibility Analysis, Corporation Yard Improvements Needs Assessment and Project Management Services scope.

Also enclosed is a proposed budget and to perform the proposed additional scope of work.

Willdan proposes the following tasks and associated deliverables for this scope of work:

Task 1: Corporation Yard Electrical Infrastructure Design Review and Support

Description: Willdan has supported Fairfield in determining the required long term EVCS and electrical infrastructure requirements. Fairfield has decided to pursue a design-bid-build approach for Phase 1a and has retained Bennet to complete the electrical and civil design.

Willdan will act as the owner’s rep and third-party reviewer to Bennet’s design to ensure that the final design meets the original intent and long-term needs. This task will include the following elements based on Bennett’s scope with Fairfield.

Project Management Support and Design Reviews
Willdan will participate in Bennet’s project management and design review meetings as they complete the design for the first phase of infrastructure and chargers. Bennet is planning for 10 project management meetings. During the meetings, Willdan will provide high level guidance to Benet to ensure that their design meets Fairfield’s long term fleet electrification needs. It is assumed that a final decision is made on the Phase 1a EV charger make and model before the 30% set is complete and will not be changed moving forward from there. As Bennet issues design deliverables to Fairfield, Willdan will complete design reviews, including redlining design sheets and providing comments and edits to final specification. Willdan will also provide additional meetings as necessary to clarify comments.

Packet Page 269 of 423Attachment 3 Page 1 of 18

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

2 PG&E EV Fleet Program Support
Fairfield has signed contracts with PG&E for two separate EV Fleet applications to cover the cost of utility side upgrades and subsidize behind the meter improvements to support fleet electrification. Ongoing coordination between Bennet’s design team and PG&E’s design requirements will be needed. Willdan will help schedule meetings, if needed, and support Bennet during these design meetings to ensure that PG&E’s design is in line with Bennet’s design and supports Fairfield’s long term fleet needs.

Bidding Support
Bennet is already scoped to lead the bidding support including responding to contractor’s questions. Willdan will provide support to Bennet and review Bennett’s responses and support drafting responses if needed.

Council Approval Support
After a contractor has been selected, the Fairfield’s City Council will need to approve the final contract. Willdan will support the Fairfield team in preparing presentations to the Planning Commission and/or City Council to facilitate approving the final contractor. As part of the presentations Willdan can illustrate how this first

Deliverables for this task:
 Written comments and redlines to Bennet’s design issued at 30%, 70%, 95%, and final plans, specs, and estimates (PS&E).
 Written comment and redlines to PG&E’s design, if applicable.  Drafted responses to bidders questions on final PS&E.  Presentations for up to two (2) meetings with City Council and/or the Planning Commission

Task 2: Vehicle Maintenance Facility Modernization and Expansion and Other Building Replacements Design and Construction Procurement Support.

Description: Fairfield will need to retrofit and expand its maintenance facility to support its long-term EV fleet needs, including relocating its bus wash and adding four maintenance bays to the South of the existing facility. While Anser completed a preliminary assessment, full design and construction is the next required step. Several other buildings may need to be demoed and rebuilt in the corporation yard as part of the first phase of improvements. Given Anser’s familiarity with the maintenance assessment, Willdan has partnered with them to prepare a Request for Proposal/Qualifications (to be determined at the start of the task) to hire a firm(s) to complete the design and construction of the maintenance facility improvements.

The following scope assumes a progressive design-build procurement for the maintenance facility retrofit and is generally recommended given the complexity and project risk. If, at the Packet Page 270 of 423Attachment 3 Page 2 of 18

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

3 start of the task, Fairfield has decided to pursue a traditional design-build or design-bid-build procurement, this scope can be adapted to support alternative procurement deliveries. A more detailed description of how a progressive design-bid versus traditional design-build procurement would proceed, including approximate timeline for key milestones, is attached to this scope of work.

Project Management
To ensure a smooth project, the Willdan Team will host project management check-in meetings with the City and project stakeholders to review progress, collect feedback on intermediate deliverables, and maintain overall project due diligence. At the start of the task, the Team will implement and manage a project team site for file sharing, data management, and document control. Project management will include overall Quality Control / Quality Assurance of products and deliverables (presentations, reports, documents, request for information, industry sounding day (if needed) communications and logistics, etc.)

Temporary Maintenance Plan
Fairfield is expecting delivery of its first three (3) Gillig BEBs towards the end of 2023 or early 2024. Maintenance Facility Improvements will not be completed before these vehicles arrive and will be put into revenue service. Willdan and Anser will prepare a transition plan for Fairfield for the safe maintenance of these buses while the main O&M facility is being designed and renovated.

For this task the team will meet with stakeholders (Bus OEMs, Fairfield staff, etc.) to identify the maintenance needs of the new buses, what services can be performed in the existing maintenance facility and what services may need a dedicated temporary facility with appropriate safety precautions. With the gaps now identified, the team can then determine what equipment or temporary facilities and solutions can help fill the gaps in service. From there, we will create a project schedule by estimating the duration of each activity. The team will leverage much of the original work done by the Anser team and elaborate further after obtaining updated needs from the stakeholder group and conducting research into recent case studies. From there, the team will then determine a phasing plan, in conjunction with Fairfield staff, to bridge the gap between when buses are delivered and when a new, renovated O&M facility is constructed and ready to service the BEBs. We will then determine an estimated project cost and risk management plan to aid Fairfield in deciding the optimal course of action.

Progressive Design-Build Procurement and On-Going Support (Recommended Approach)

Assess Existing Conditions (~1 month)
The Willdan Team will identify technical studies Fairfield has completed to date, and what is most relevant for the RFQ/P as needed, including but not limited to: master planning documents, existing conditions reports, market analysis, geotechnical and subsurface investigations, environmental site assessments, and traffic impact study. The Team will obtain existing utility maps for project site(s) along with any necessary financials/legal covenants or Packet Page 271 of 423Attachment 3 Page 3 of 18

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

4 restrictions. To the extent that technical studies above are available the Team will identify potentially required "enabling works” or site preparation Fairfield is willing and able to do.

Throughout the project we will obtain approval and buy-in from project stakeholders.

Draft RFP/Q (~2-3 months)
In close coordination with Fairfield, the Team will craft a complete and concise RFP/Q for Fairfield to hire a progressive design-build firm to complete the design and construction of the maintenance facility retrofits. It is assumed that a template or past example will be available for the facility improvements. Risks and constraints associated with the project will be reflected in the RFP/Q. The Team will draft a project narrative for the anticipated scope of work, budget and all pertinent information required for proposers.

The Team will create an RFP/Q cost estimate form (if pricing will be asked of responders) to ensure cost metrics are evaluated evenly. The Team will work alongside Fairfield to define the evaluation criteria and proposed scoring matrix to be included in the RFP/Q. Separately, an evaluation manual for objective evaluation and scoring of the RFP will be created and provided to Fairfield. Fairfield will be trained on how to use the scoring evaluation.

As the final project scope is determined the Team will put together a revised estimated project timeline and budget. It will also contain a project specifications sheet for prospective vendors, terms and conditions (which will be reviewed by Fairfield’s legal/financial divisions). The RFP/Q will conform to Fairfield’s formatting guidelines and requirements.

The final RFQ/P will be reviewed and refined with Fairfield’s executive leadership and pertinent stakeholder feedback. The Team will help advertise the final RFP/Q to potential bidders.

Managing the RFQ/P process and Bidding Support (~1 month) After the RFP/Q is issued, the Team will coordinate and assist, as needed, a pre-submittal call, and/or collaborative dialog meetings with prospective vendors. The Team will review alternative technical concepts provided by vendors (if applicable), draft responses to vendor questions, and issue any necessary addendum / updates to any pertinent documents.

After bids have been received, the Team will support Fairfield in completing a technical review and scoring proposed submittals. The Team will host an evaluation and scoring review meeting with Fairfield to review the proposals and recommend a short list for Fairfield to interview. The Team will create a document repository with all comments, questions, and information regarding the selection of the vendor(s).

Ongoing Support (5-7 months)
After a progressive design-build firm is selected, the Willdan team will provide ongoing owner’s rep support to Fairfield while the design-build firm completes their design and prepares their guaranteed maximum price (GMP). Throughout the design, the Willdan team will work with the Design Builder to address RFI questions, validate assumptions based on the preliminary design and work with Fairfield to validate indicative phased pricing (i.e. 30, 70, 90 % design documents Packet Page 272 of 423Attachment 3 Page 4 of 18

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

5 that may be issued). If needed, the Willdan Team can implement and manage a Project Team Site for file sharing, data management, and document control. The Willdan Team will provide QA/QC of design-build firm’s deliverables (presentations, reports, documents, request for information, industry sounding day communications and logistics, etc.). When the design-build firm issues its final contract and GMP, the Willdan team will validate final GMP pricing and review contract terms. Willdan will provide stakeholder and Community Management as needed throughout the design-build process. (Administration, Community Development, Finance, HR, IT, and Public Works). This scope ends when a construction contract is issued with the selected design-build firm.

Deliverables for this task:
 Copies of meeting agendas and meeting minutes
 Temporary Maintenance Plan Report
 Draft and final RFP/Q and scoring matrix
 Responses to vendor questions
 Evaluation of submitted proposals
 Review and comments to Design-Build firm deliverables (design drawings, presentations, etc.)
 Vetted final GMP and construction contract with selected design-build firm Task 3: Community Outreach
Description: As Fairfield beings to operate electric vehicles and start construction at the corporation yard Fairfield has indicated it wants to proactively engage the community on key element as it relates to using the new technology and upcoming construction that may impact neighboring residential areas. Willdan will leverage AIM Consulting’s (AIM) experience and knowledge of the City to lead the Community Outreach task. AIM will provide strategic advice and counsel, review project materials and information, coordinate with the City of Fairfield and the project team, and monitor team communications throughout the outreach and engagement.

Community Awareness and Education Program
Controversy often occurs about a project because stakeholders and community members have not received enough information about why a city is undertaking a project, what the project consists of, the project goals, and community benefits. When we share comprehensive information about the benefits of EV project it creates greater buy in from the community. At the beginning of the project, AIM will develop and implement a community awareness and education program to create a shared understanding of the project rollout, the project elements, and the community benefits.

The community awareness program will leverage the City’s existing communication links, community-based organizations and local media to help explain why the City is undergoing fleet electrification and how they can learn more. AIM’s communication professionals will create communication materials such as fact sheets, informational brochures, FAQs and digital infographics series, and social media programs that can be published on the City’s social media Packet Page 273 of 423Attachment 3 Page 5 of 18

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

6 channels, can be easily shared on other community-based organizations’ social media platforms, to highlight educational elements about the batter sourcing and potential construction impacts.

Communication Collateral and Project Website Content
AIM will develop outreach materials to inform the community about the City of Fairfield Fleet Electrification. These materials can include lawn signs, project flyers, informational brochures, fact sheets, and FAQs. A template for each collateral item will be developed consistently that is easily updated and sent or distributed through electronic means. AIM will distribute these materials via the website and email updates to the database as necessary.

AIM will develop updated content for the project webpage, to be hosted on the City website.

Webpage content will include educational information about both battery sourcing and construction concerns. Website visitors will be able to access project information such as fact sheets, FAQs, and a schedule. Visitors will also be able to provide their contact information to receive electronic project updates.

Social Media Plan
AIM will work with the City to create a social media campaign on existing social media channels (City Twitter and Facebook pages). Social media will be utilized to communicate educational information to stakeholders about the proposed plans and schedule, and AIM will partner with key stakeholders to send information through social media channels. A social media plan will be put in place for each task.

Direct Mail Piece (1)
AIM will prepare and mail project information flyers to properties and tenants in the vicinity of the project to update the constituents of the upcoming construction. The mailer will include but is not limited to the project description, website, the anticipated date for rollout, and educational materials. AIM will mail the postcard to residences and property owners in the vicinity identified by the City.

Pop-up Workshops (2)
Pop-up workshops can provide an opportunity to advertise the project by going into the community and playing into one of their events. Each pop-up workshop will take place at a community destination, local event, or high pedestrian key shopping center. The pop-ups will include displays and input boards illustrating educational information about the campaign.

AIM will facilitate, plan, provide all supplies, and coordinate all logistics for three sets of two pop-up workshops. AIM will develop engagement activities, board displays, interactive community engagement activities, informational fact sheets and brochures, and comment cards.

At the conclusion of the pop-up workshops, AIM will develop a comprehensive summary that will include all input obtained and photography; these summaries will be posted to the project webpage.

Packet Page 274 of 423Attachment 3 Page 6 of 18

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

7 Deliverables for this task
 Communication collateral for outreach tasks
 Stakeholder database
 Summarized comments or responses gathered throughout the outreach activities

Task 4: Grant Assistance

Description: The Willdan team has supported Fairfield apply for multiple grants to date.

Fairfield will need ongoing grant support and assistance to continue applying for grants, rebates, incentives, and other funding opportunities.

As Needed Grant Assistance
When a grant opportunity is identified, Willdan and Fairfield will mutually agree on the level of effort needed from each party. Willdan can support in a variety of ways such as writing portions of grant applications, supporting filling out rebate or incentive forms, and/or preparing supporting calculations and cost estimates. This scope includes on-going support that may be needed once a grant is submitted, including responding to RFIs from grant administrators.

While specific grants and funding opportunities have not been identified yet, Willdan anticipates supporting Fairfield on a variety of funding applications that may include, but not limited to the following:
 FTA Grants such as Low-No and Bus & Bus Facilities
 RAISE. One RAISE grant is accounted for in this scope.  CEC grants. The CEC is currently developing a grant program for municipal fleet electrification, which Fairfield may be eligible to apply for.  Carl Moyer vehicle and infrastructure grants. Additional grant requests may be available each calendar year.
 ENERGIIZE
 TIRCP
New funding opportunities may become available in the future as the federal and state governments allocate new money towards vehicle electrification.

As different funding options require different levels of effort, the budget for the proposed task is meant to act as a starting point to provide continued grant support on an as-needed basis. For the purposes of this scope, Willdan will assume approximately $12,000 of effort per anticipated grant application, planned for up to 13 different non-RAISE grant or funding opportunities.

Certain grants and funding opportunities may require less effort, and some may require more.

As part of this task, Willdan has budgeted for 1 RAISE grant, which may require $45-$50K to help prepare given the level of detail required. This brings the total number of grants/funding opportunities under this scope to 14.

Deliverables for this task
Packet Page 275 of 423Attachment 3 Page 7 of 18

Proposed Scope and Budget for Project Management and Owners Rep Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard

8  Written sections on grant applications, incentive, or rebate forms

Fee
Willdan proposes the above scope of work, billed on a monthly time and materials (T&M) basis up to a not to exceed amount of $411,000. A task level budget breakdown with hours and billing rates is shown in the attached table. A more complete list of maximum hourly rates is included, should additional staff be needed throughout this scope.

Please don’t hesitate to contact the Project Manager, Taylor Briglio, at 323-384-1988 if you have any questions about the proposed scope of work.

Respectfully submitted,

Taylor Briglio
Clean Mobility Manager
Willdan Energy Solutions

Packet Page 276 of 423Attachment 3 Page 8 of 18

Director
Project
Manager II
Senior
Engineer III Grant Writer
Associate
Engineer I
Project
Manager I
Financial
Analyst
Outreach Project
Manager
Outreach Senior
Project
Coordinator
Outreach
Project
Coordinator II
Outreach
Graphic
Design
Senior Vice
President -
MF
Vice
President -
MF
Senior
Director/
Senior PM - MF
Project
Manager/
Energy
Engineer - MF
$226.00 $197.00 $201.00 $180.00 $179.00 $169.00 $216.00 $176.00 $122.00 $106.00 $197.00 $330.00 $275.00 $237.00 $176.00 Task 1 - Corporation Yard Electrical Infrastructure Design Review and Support Project Management Meetings with
Bennet 10.0 10.0 10.0 30.0 5,770$
Design Reviews 16.0 8.0 24.0 48.0 10,016$
PG&E EV Fleet Support 20.0 20.0 40.0 7,960$
Bidding Support 4.0 4.0 8.0 1,504$
Presentation Support 20.0 20.0 3,940$
Subtotal 16.0 62.0 54.0 0.0 14.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 146.0 29,190$ Task 2 - Vehicle Maintenance Facility Designer Procurement Support Project Management Meetings with
Fairfield for RFP/Q and Ongoing
Support 12.0 10.0 24.0 12.0 58.0 12,914$
Assessing Needs and Project Scope 2.0 10.0 10.0 15.0 37.0 8,154$ Developing the RFQ/P 8.0 2.0 20.0 40.0 20.0 90.0 20,736$ Managing the RFQ/P process and
Bidding Support 4.0 2.0 10.0 30.0 15.0 61.0 13,948$
Temporary Maintenance Plan 4.0 4.0 20.0 50.0 30.0 108.0 24,738$ Ongoing Support 20.0 20.0 60.0 140.0 70.0 310.0 72,540$ Subtotal 0.0 50.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 28.0 130.0 294.0 162.0 664.0 153,030$ Task 3 - Community Outreach
Outreach Management 10.0 12.0 22.0 4,082$
Communication Collateral and Project
Website 2.0 8.0 6.0 5.0 14.0 35.0 5,822$
Direct Mail Piece (1)2.0 4.0 2.0 6.0 14.0 2,492$
Social Media Plan and Schedule 2.0 10.0 2.0 6.0 20.0 2,966$ Pop of Workshops (2)14.0 10.0 6.0 4.0 34.0 5,108$
Subtotal 0.0 14.0 0.0 0.0 0.0 0.0 0.0 40.0 26.0 15.0 30.0 0.0 0.0 0.0 0.0 125.0 20,470$ Task 4 - Grant assistance
As-needed grant assistance 200.0 320.0 320.0 840.0 151,080$ RAISE Grant 32.0 80.0 40.0 100.0 252.0 49,064$
Subtotal 0.0 232.0 0.0 400.0 0.0 320.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1092.0 200,144$ TOTAL 16.0 358.0 54.0 400.0 14.0 320.0 0.0 40.0 26.0 15.0 30.0 28.0 130.0 294.0 162.0 2027.0 402,834$ Total Labor Cost 402,834$
Total Direct Costs 8,166$
Total Cost 411,000$
Total Labor Cost
Project Management and Owners Representative Services Scope and Budget for Fairfield’s Transit and Public Fleet Electrification Corporation Yard Improvements October 12, 2023
SUMMARY TASK Total Hours
Packet Page 277 of 423Attachment 3 Page 9 of 18

WILLDAN ENGINEERING
Schedule of Hourly Rates
Effective July 1, 2023 to June 30, 2024

** For Non-Prevailing Wage Project *** For Prevailing Wage Project Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation.

Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2023 thru June 30, 2024, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations.

Rev V02 05.12.2023

DESIGN ENGINEERING
Technical Aide I $77
Technical Aide II $100
Technical Aide III $120
CAD Operator I $126
CAD Operator II $146
CAD Operator III $162
GIS Analyst I $164
GIS Analyst II $180
GIS Analyst III $191
Environmental Analyst I $140
Environmental Analyst II $157
Environmental Analyst III $166
Environmental Specialist $180
Designer I $168
Designer II $174
Senior Designer I $184
Senior Designer II $193
Design Manager $191
Senior Design Manager $198
Project Manager I $177
Project Manager II $197
Project Manager III $207
Project Manager IV $223
Principal Project Manager $227
Program Manager I $197
Program Manager II $209
Program Manager III $228
Assistant Engineer I $137
Assistant Engineer II $153
Assistant Engineer III $161
Assistant Engineer IV $170
Associate Engineer I $179
Associate Engineer II $186
Associate Engineer III $190
Senior Engineer I $194
Senior Engineer II $198
Senior Engineer III $201
Senior Engineer IV $204
Supervising Engineer $209
Traffic Engineer I $209
Traffic Engineer II $223
City Engineer I $223
City Engineer II $227
Deputy Director $231
Director $237
Principal Engineer $257

BUILDING AND SAFETY
Assistant Code Enforcement Officer $103
Code Enforcement Officer $118
Senior Code Enforcement Officer $139
Supervisor Code Enforcement $168
Plans Examiner Aide $110
Plans Examiner $168
Senior Plans Examiner $184
Assistant Construction Permit Specialist $118
Construction Permit Specialist $124
Senior Construction Permit Specialist $146
Supervising Construction Permit
Specialist
$154
Assistant Building Inspector $139
Building Inspector $154
Senior Building Inspector $168
Supervising Building Inspector $184
Inspector of Record $196
Deputy Building Official $196
Building Official $198
Plan Check Engineer $192
Supervising Plan Check Engineer $194
Principal Project Manager $227
Deputy Director $231
Director $237

PLANNING
CDBG Technician $82
CDBG Specialists $98
CDBG Analyst $116
CDBG Coordinator $144
CDBG Manager $174
Housing Programs Coordinator $144
Planning Technician $123
Assistant Planner $154
Associate Planner $168
Senior Planner $191
Principal Planner $198
Planning Manager $211
Deputy Director $231
Director $237

ADMINISTRATIVE
Administrative Assistant I $95
Administrative Assistant II $114
Administrative Assistant III $133
Project Accountant I $107
Project Accountant II $125
Project Controller I $133
Project Controller II $150

CONSTRUCTION MANAGEMENT
Labor Compliance Specialist $139
Labor Compliance Manager $174
Utility Coordinator $167
Office Engineer I $140
Office Engineer II $159
Assistant Construction Manager $152
Construction Manager $176
Senior Construction Manager $191
Resident Engineer I $198
Resident Engineer II $206
Project Manager IV $223
Deputy Director $231
Director $237

INSPECTION SERVICES
Public Works Observer ** $125
Public Works Observer *** $151
Senior Public Works Observer** $136
Senior Public Works Observer *** $151

MAPPING AND EXPERT SERVICES
Survey Analyst I $143
Survey Analyst II $164
Senior Survey Analyst $187
Supervisor - Survey & Mapping $197
Principal Project Manager $227

LANDSCAPE ARCHITECTURE
Assistant Landscape Architect $146
Associate Landscape Architect $168
Senior Landscape Architect $184
Principal Landscape Architect $195
Principal Project Manager $227

Packet Page 278 of 423Attachment 3 Page 10 of 18

MAINTENANCE FACILTY PROCURMENET

OUR UNDERSTANDING OF THE PROJECT
Our understanding of the objective:
•Fairfield will need to retrofit and expand its maintenance facility to support its long-term EV fleet needs, including relocating the existing bus wash and adding four maintenance bays to the south of the existing facility, to help to meet the 2040 goal of a fully zero emissions fleet.
•While a preliminary assessment was completed, full design and construction must be completed. Several other buildings may need to be demoed and rebuilt in the corporation yard as part of the early site upgrades. •Fairfield is currently exploring a Design Bid Build (DBB), a Progressive Design Build (PDB) or a Design Build (DB) to accomplish this work. This presentation outlines the requirements for a PDB and DB.
•In order to prepare Fairfield for delivery of three (3) Gillig BEBs towards the end of 2023 or early 2024, the subsequent materials provide an outlined plan on assisting Fairfield with creating a transition plan for the safe maintenance of these buses while the main O&M facility, with the ultimate goal of securing a design builder to create a permanent solution.

Packet Page 279 of 423Attachment 3 Page 11 of 18

Executive Summary
Progressive Design Build Design Build
•DB is recommended when the
Owner has a firm understanding
of project parameters,
requirements and objectives and
values design competition and
innovation.
•PDB is recommended when the
project Owner has less certainty
around the program and project
definition, and values
collaboration with the PDB firm
to identify the project’s needs.

Packet Page 280 of 423Attachment 3 Page 12 of 18

PDB Process
Advantages:
•Design input: PDB offers better opportunities for best-value design decisions early in the process, as the efforts are collaborative. Slightly heightened design risk to the owner, however, allows for more owner input through a collaborative design process. •Cost transparency: PDB provides an “open-book” accounting system, allowing the team to evaluate how choices will affect the budget and schedule, i.e., value engineering can begin before design is finalized and GMP reached.
•Collaboration: PDB encourages collaboration between the owner and the design-build team, which can lead to better program and design development. •Schedule acceleration: Design finalization and construction are able to be had in parallel, leading to a compressed schedule when compared to DBB Drawbacks:
•Increased owner engagement: Owner is expected to be more present and collaborative in the design process •Reduced deliverables: The PDB RFP phase entails significantly reduced deliverable and design expectations and does not include an indicative or final GMP. Costs can be considered, but only in the context of PDB fee %.
•Reduced innovation and competitive tension: As there are fewer deliverables in the PDB procurement, there will be lower competitive tension in terms of cost, solutions and overarching innovation.

Step 1 Strategic Program
Definition
• The Owner establishes the
project vision, goals
objectives and identifies any
known potential challenges
(temporary O&M phasing,
schedule, funding, permitting,
etc.)
Step 2 Draft and Issue
Request for Qualifications
(RFQ)
•Professional, financial and
experiential requirements for
Proposers and the general
project parameters are
articulated in an RFQ.

Step 3 Proposal Submission
and Evaluation
•Once received, the Owner
evaluates proposals on the
basis of qualifications, project
approach, team member,
references and DB’s Fees
Step 4 Contract Award
•The selected PDB enters an
Initial Design Contract
contract(s) with the Owner,
which initiates a collaborative
design process. Once the
entire team is on board, plans
are finalized based on the
owner’s budget limitations,
vision, and goals.

Step 5 Design and GMP
•Owner work’s collaboratively
with the PDB team to arrive at
a design that establishes the
project requirements in terms
of facility size and
performance, criteria, finish
requirements, quality
standards, applicable codes,
regulatory standards,
population/capacities,
equipment requirements, etc.

This allows the PDB to arrive
at a GMP
Step 6 Contract Amendment
•The selected PDB executes
the final contract(s) with the
Owner, which incorporates
the collaborative design at the
negotiated GMP.
•*IMPORTANT* If a GMP is
not agreed upon, Owner has
the right to exit the contract
and take the initial design to
another bidder.

Step
7 Documents/Construction -
•Upon completion of the
design documents for all
elements (or for specific
phases) of the project,
construction commences. The
contract may provide for fast-
track methods, allowing
construction to proceed after
logical phases of design and
permitting are completed, but
prior to completion of the
entire body of construction
documents.

Packet Page 281 of 423Attachment 3 Page 13 of 18

1. Temp O&M Phasing
of the project
•Goal: Create an indicative plan for the Temporary O&M
Facility
•Deliverable: Indicative options for temporary O&M facility •Tasks: Stakeholder meetings to identify needs, gaps and aspirations
•Administration, Community Development, Finance, HR, IT, and Public Works)
•Initial meeting, meeting to confirm feedback/progress, and path forward
•Research case studies; Identify phasing options, evaluate and recommend solutions; Develop a budget by estimating the cost of each activity; Develop a risk management plan; Identify potential procurement options and create and
project delivery assessment.
•Result: Site layout and conceptual plan for DB team to ‘sink their teeth into’ and react to during the procurement
process. Case studies on previous successful Temp O&M
facilities for PDB firms to glean best practices from.
•Timeline: 1-3 months

2. Procurement
•Goal: Lead the procurement for a PDB contract for the
initial contract (drafting, scoring, selection)
•Deliverable: Qualifications based RFQ and selection of a PDB firm (potential to include cost as DB % fee). Engineering Service Agreement
•Tasks: Identify technical studies Fairfield has completed to date, and what is most relevant for the RFQ/P as needed, including but not limited to: master planning documents, existing conditions reports, market analysis, geotechnical and subsurface investigations, environmental site
assessments, and traffic impact study. Obtain existing utility maps for project site(s). Evaluate risks and constraints; Define the evaluation criteria; Develop a project timeline; Define the RFQ/P format and requirements; Develop the
RFQ/P contents; Review and refine the RFQ/P; Obtain legal and procurement approvals; Project specifications; Draft an Engineering Service Agreement; Terms and Conditions -
Review and Interface with legal / financial; Distribute the RFQ/P to vendors; Collaborative Dialog meetings, and
Selection of PDB.
•Result: Executed Initial Contract (also known as Engineering Service Agreement or Initial Design Contract)
•Timeline: 3-5 months

3. Ongoing Support
•Goal: Provide technical support throughout the indicative contract until final DB contract is executed
•Deliverable: Final Contract. Support the PDB team
throughout initial contract and get to final contract with PDB team. 100% Schematic (or as needed design to provide cost) and GMP
•Tasks:
•Work with the Design Builder to address RFI questions, validate assumptions based on the preliminary design and work with Fairfield to validate indicative phased pricing (30, 70, 90 % design documents).
•Support Wildan on the management and coordination of
Project Due Diligence, Project Meetings, Visioning Sessions with Executive Leadership
•Implementation and management of Project Team Site for file sharing, data management, and document control.
•QAQC of deliverables (presentations, reports, documents, request for information, industry sounding day
communications and logistics, etc.)
•Stakeholder / Community Management as needed
(Administration, Community Development, Finance, HR, IT, and Public Works)
•Validate GMP
•Result: A shovel ready project with an executed PDB
contractor
•Timeline: 5-7 months
OPTION 1 – Progressive Design Build
Packet Page 282 of 423Attachment 3 Page 14 of 18

Progressive Design Build 11/1/2023 12/1/2023 1/1/2024 2/1/2024 3/1/2024 4/1/2024 5/1/2024 6/1/2024 7/1/2024 8/1/2024 9/1/2024 10/1/2024 11/1/2024 12/1/2024 1/1/2025 Owner’s Needs Assessment: The owner analyzes its current and future facility requirements to determine the appropriate facility development plan for the planned use.

Request for Qualifications (RFQ) DRAFTING: Qualificaitons based on previous expereince, financial capabilities and experiential requirements for proposers and the general project parameters are articulated in an RFQ.

Engineering Service Agreement (ESA) (optional): An agreement drafted, that the highest ranked bidder will enter into an ESA to provide the Owner with a 100% Schematic Design and GMP. Owner has the right to negotioate and if no deal is reached, the right to own the 100% SD design and move forward with the second ranked vendor.

RFQ RELEASED
Pre-Proposal Conference: Optional meeting early in the proposal preparation period to allow proposers to ask questions and request clarifications.

RFQ Review Period: Evaluation and Selection of shortlisted teams Proposal Submission and Evaluation: Once received, the owner evaluates proposals on the basis of quality of design, price, and other predetermined factors (best value). The owner may request that the proposers make in-person presentations to the owner’s selection panel.

Contract Award: The selected proposer enters into a contract with the owner, which incorporates both the owner’s requirements and the Design-Builder’s proposal.

Collaborative design discovery period - GMP received
Documents/Construction: Upon completion of the design documents for all elements (or for specific phases) of the project, construction commences.

Anticipated Tasks
Identify technical studies Fairfield has completed to date, and what is most relevant for the RFQ/P as needed, including but not limited to: master planning documents, existing conditions reports, market analysis, geotechnical and subsurface investigations, environmental site assessments, and traffic impact study. Obtain existing utility maps for project site(s).

Evaluate risks and constraints. Define the evaluation criteria. Develop a project timeline. Define the RFQ/P format and requirements. Develop the RFQ/P contents. Review and refine the RFQ/P. Obtain legal and procurement approvals. Develop Project specifications. Draft Terms and Conditions - Review and Interface with legal / financial. Distribute the RFQ/P to vendors. Create scoring and evaluation matrix. Create price and cost proposal form. Lead procurement, address RFI questions, lead pre- proposal conference.

Provide necessary addendum / updates to any pertinent documents.

PDB is a delivery method that allows for collaborative development of project criteria that is a qualifications-based procurement process versus one based primarily on cost. In a PDB project, the owner issues a Request for Qualifications, and selects the design-build contractor based on the contractor’s qualifications and past performance. The design-build contractor and owner then collaborate to develop the project’s design and budget. OPTIONAL Engineering Service Agreement to get the preffered vendor to 100% DD and negotiate GMP, if negotiations fail, owner has right to go to second highest vendor. This collaboration allows the owner to have greater control and involvement throughout development of the design and budget. As far as budget is concerned, unlike in a DB project, the final Guaranteed Maximum Price (GMP) is typically not reached until the design is nearing completion. Rather, as the design progresses, the design-build contractor provides preliminary GMP at various milestones throughout the project until the final GMP is established Management and coordination of Project Due Diligence, Project Meetings, Stakeholder Engagement, Visioning Sessions with Executive Leadership. Quality Control / Quality Assurance of products and deliverables (presentations, reports, documents, request for information, industry sounding day communications and logistics, etc.) Packet Page 283 of 423Attachment 3 Page 15 of 18

Step 1 Strategic Facility
Planning
•The Owner analyzes its
current and future facility
requirements to determine
the appropriate facility
development plan for the
planned use.

Step 2 Program Definition
• The Owner establishes the
project requirements in
terms of facility size and
performance, criteria, finish
requirements, quality
standards, applicable codes,
regulatory standards,
population/capacities,
equipment requirements,
etc.
•*IMPORTANT* Anser would
recommend sourcing an
Architect and or Engineer to
help establish these
requirements. This is not
included as part of our
proposal.

Step 3 Request for
Qualifications (RFQ)
•Professional, financial and
experiential, approach and
teaming requirements for DB
teams and the general
project parameters are
articulated in an RFQ.
•Three – Five teams
shortlisted for downstream
RFP
Step 4 Request for
Proposals (RFP)
•The Owner solicits design
and cost proposals from the
short-listed design-build
teams in a RFP. Project
design criteria, site
information, contract
requirements, selection
procedure and proposal
(submittal) requirements.

Step 5 Pre-Proposal
Conference / Collaborative
Dialog Meetings
•Allow DB teams to ask
questions and request
clarification on design intent,
project requirements and
parameters.

Step 6 Proposal Submission
and Evaluation
•Once received, the Owner
evaluates proposals based on
quality of design, price and
other predetermined factors
(best value). Interview and
site visits optional
Step 7 Contract Award
•The selected DB team
contract(s) with the Owner,
which incorporates both the
Owner's requirements and
the DB’s proposal, initial
design and indicative GMP.

Step
8 Documents/Construction
-
•Upon completion of the
design documents for all
elements (or for specific
phases) of the project,
construction commences.

DB Process
Advantages:
•Cost certainty: DB provides an Indicative GMP prior to a selection being made and through a two step qualifications and cost-based proposal. Hence, the requirement for more upfront work on the Owner, and increased deliverables from the proposers
•Innovation: DB enhances competitive tension, and encourages innovation between competing design-build teams, which can lead to better cost efficiencies, innovation in design, program and design development. •Risk management: DB allows shift design risk fully to the DB team. •Schedule acceleration: Design finalization and construction are able to be had in parallel, leading to a compressed schedule when compared to DBB Drawbacks:
•Increased upfront owner engagement: Owner is expected to have performed more leg work prior to procurement and requires greater internal resources to clearly articulate project objectives prior to procurement.
•Design input: DB offers design inputs past the 100% Schematic Design phase; however, Owner does not provide feedback on design until GMP is selected, hence the requirement to have a firmer understanding and clearer expectations laid out in the RFQ/P.
•Design stipend: Generally, for DB contractors to provide designs and a GMP, a stipend would be recommended. •Less transparency: Owner’s are provided limited amounts of documentation during the design process, and they might not be aware of the financial cost implications of the design choices until after a selection has been made.
•Control: Lower owner control over initial design and subcontractor selection Packet Page 284 of 423Attachment 3 Page 16 of 18

1. Upfront Technical Support
•Goal: Provide technical support prior to issuance of the procurement
•Deliverable: DB team throughout initial contract and get to final contract with PDB team. 100% Schematic and
GMP
•Tasks: Support Wildan in the project definition.
•Identify technical studies Fairfield has completed to
date, and what is most relevant for the RFQ/P as
needed, including but not limited to: master planning
documents, existing conditions reports, market analysis, geotechnical and subsurface investigations,
environmental site assessments, and traffic impact
study.
•Obtain existing utility maps for project site(s). Support Wildan in defining the program to a point where project teams are able to provide an indicative GMP.
•Stakeholder meetings to identify needs, gaps and
aspirations
•Administration, Community Development, Finance,
HR, IT, and Public Works)
•Initial meeting, meeting to confirm feedback/progress, and path forward
•Research case studies; Identify phasing options,
evaluate and recommend solutions; Develop a budget
by estimating the cost of each activity; Develop a risk management plan; Identify potential procurement
options and create and project delivery assessment.
•Result: Project specifications and a detailed plan
•Timeline: 4-6 months
•*it’s important to note we would recommend
outsourcing a design consultant to help finalize the
design layout, finishes and necessary information for a DB contractor to price.

2. Procurement
•Goal: Lead the procurement for a Design Build
Contractor
•Deliverable: A two step procurement process –
qualifications based RFQ and priced based RFP. Lead the procurement and assist.
•Tasks: Two procurements – RFQ and RFP, evaluation and
training manual for each, with the ultimate goal of a
selected DB contractor. Evaluate risks and constraints; Define the evaluation criteria; Develop a project
timeline; Define the RFQ/P format and requirements;
Develop the RFQ/P contents; Review and refine the
RFQ/P; Obtain legal and procurement approvals; Project
specifications; Draft an Engineering Service Agreement; Terms and Conditions - Review and Interface with legal / financial; Distribute the RFQ/P to vendors, address
questions, create selection and evaluation manual,
evaluate responses, and get to project financial close. •Result: 100% schematic design and GMP
•Timeline: 4-7 months
OPTION 2 –Design Build
Packet Page 285 of 423Attachment 3 Page 17 of 18

Design Build 11/1/2023 12/1/2023 1/1/2024 2/1/2024 3/1/2024 4/1/2024 5/1/2024 6/1/2024 7/1/2024 8/1/2024 9/1/2024 10/1/2024 11/1/2024 12/1/2024 1/1/2025 Strategic Facility Planning: The owner analyzes its current and future facility requirements to determine the appropriate facility development plan for the planned use.

Program Definition: The owner establishes the project requirements in terms of facility size and performance, criteria, finish requirements, quality standards, applicable codes, regulatory standards, population/capacities, equipment requirements, etc.

Request for Qualifications (RFQ) DRAFTING: Qualificaitons based on previous expereince, financial capabilities and experiential requirements for proposers and the general project parameters are articulated in an RFQ.

RFQ RELEASED
RFQ Review Period: Evaluation and Selection of shortlisted teams Request for Proposals (RFP) DRAFTING: Cost based proposal, owner to provide updated project design criteria, updated specifications (i.e. design finishes, required number of buses / stations, etc.) site information, contract requirements, selection procedure, and proposal (submittal) requirements.

RFP RELEASED
Pre-Proposal Conference: Some owners hold this optional meeting early in the proposal preparation period to allow proposers to ask questions and request clarifications.

Proposal Submission and Evaluation: Once received, the owner evaluates proposals on the basis of quality of design, price, and other predetermined factors (best value). The owner may request that the proposers make in-person presentations to the owner’s selection panel.

Contract Award: The selected proposer enters into a contract with the owner, which incorporates both the owner’s requirements and the Design-Builder’s proposal.

Documents/Construction: Upon completion of the design documents for all elements (or for specific phases) of the project, construction commences.

Anticipated Tasks
Evaluate risks and constraints. Define the evaluation criteria. Develop a project timeline. Define the RFQ/P format and requirements. Develop the RFQ/P contents. Review and refine the RFQ/P. Obtain legal and procurement approvals. Develop Project specifications. Draft Terms and Conditions - Review and Interface with legal / financial. Distribute the RFQ/P to vendors. Create scoring and evaluation matrix. Create price and cost proposal form. Lead procurement, address RFI questions, lead pre- proposal conference.

Provide necessary addendum / updates to any pertinent documents.

The design-build contractor is selected through a two-step process. In a two-step process, owners first identify a short list of design-builders based on responses to a Request for Qualifications issued by the owner. The selected design-builders are then issued a Request for Proposal, which includes a baseline design and technical specifications. Based on the baseline design, the design-builders prepare and submit a detailed technical proposal with a design containing enough detail to define both scope and price. A GMP is recieved during the RFP stage.

Management and coordination of Project Due Diligence, Project Meetings, Stakeholder Engagement, Visioning Sessions with Executive Leadership. Quality Control / Quality Assurance of products and deliverables (presentations, reports, documents, request for information, industry sounding day communications and logistics, etc.) Identify technical studies Fairfield has completed to date, and what is most relevant for the RFQ/P as needed, including but not limited to: master planning documents, existing conditions reports, market analysis, geotechnical and subsurface investigations, environmental site assessments, and traffic impact study. Obtain existing utility maps for project site(s).

Packet Page 286 of 423Attachment 3 Page 18 of 18

Agenda Item No: 11.

AGENDA REPORT
DATE:February 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024­39 of the City Council of the City of Fairfield Adopting the City of Fairfield’s 2024 State and Federal Legislative Platform RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Each year, the City Council adopts an annual legislative platform that establishes the priorities, principles, and policy statements of the City of Fairfield City Council and creates the basis for its advocacy efforts at the state and federal levels. This resolution will update and adopt the 2024 State and Federal Legislative Platform (Platform).

DISCUSSION
The Platform establishes the priorities, principles, and policy statement of the City of Fairfield City Council and creates the basis for its advocacy efforts, alerting our legislative partners of the greatest needs of our residents and where we need additional help. The Platform provides general direction to City departments, legislative advocates, delegation members, and the public on our positions on critical policy matters that may impact how the City does business.

In 2023, the City submitted 13 letters to legislators representing Fairfield in addition to five letters of support for community organizations pursuing funding or programming that would benefit the Fairfield community. The City submitted funding requests to the City’s state and congressional representatives, and successfully secured $500,000 for the City’s transit and municipal fleet electrification project as part of House Resolution 4820 through Congressman Garamendi.

Changes to the 2024 Platform are redlined in Attachment B and reflect the current operational needs of City departments to pursue council priorities and core services. The Platform is organized by department and highlights legislative interests, including policy positions intended to strengthen the City's operations, increase funding opportunities, and maintain local authority. While the City will respond to various legislative items throughout the year, priority policy areas include providing affordable housing and homeless resources, maintaining local control, and pursuing criminal justice reform.

Packet Page 287 of 423

Agenda Item No: 11.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024­39 of the City Council of the City of Fairfield Adopting the City ofFairfield’s 2024 State and Federal Legislative PlatformRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEEach year, the City Council adopts an annual legislative platform that establishes the priorities,principles, and policy statements of the City of Fairfield City Council and creates the basis for itsadvocacy efforts at the state and federal levels. This resolution will update and adopt the 2024 Stateand Federal Legislative Platform (Platform).DISCUSSIONThe Platform establishes the priorities, principles, and policy statement of the City of Fairfield CityCouncil and creates the basis for its advocacy efforts, alerting our legislative partners of the greatestneeds of our residents and where we need additional help. The Platform provides general direction toCity departments, legislative advocates, delegation members, and the public on our positions on criticalpolicy matters that may impact how the City does business.In 2023, the City submitted 13 letters to legislators representing Fairfield in addition to five letters ofsupport for community organizations pursuing funding or programming that would benefit the Fairfieldcommunity. The City submitted funding requests to the City’s state and congressional representatives,and successfully secured $500,000 for the City’s transit and municipal fleet electrification project aspart of House Resolution 4820 through Congressman Garamendi.Changes to the 2024 Platform are redlined in Attachment B and reflect the current operational needs ofCity departments to pursue council priorities and core services. The Platform is organized bydepartment and highlights legislative interests, including policy positions intended to strengthen theCity's operations, increase funding opportunities, and maintain local authority. While the City willrespond to various legislative items throughout the year, priority policy areas include providing affordable housing and homeless resources, maintaining local control, and pursuing criminal justice reform.

Affordable Housing and Homeless Resources
The City continues to support policies and funding mechanisms for affordable housing and homeless resources. The City strives to permanently reduce homelessness in Fairfield by protecting the health and safety of all residents, increasing housing opportunities, enhancing the system of care, improving public policy and engagement, and strengthening regional capacity to address homelessness. Since fiscal year 2019, the City of Fairfield has spent approximately $11.57 million in overall services for those experiencing homelessness. The City will continue to seek funding support and legislation that provides resources and programming to address California's homeless crisis. Affordable and permanent supportive housing is a vital component in addressing homelessness, and the City strives to make housing accessible to all income and service levels. The City will continue to monitor and support sustainable funding for various levels of housing while also balancing the importance of local control over planning and land use.

Maintaining Local Control
The City of Fairfield is committed to preserving local control and decision­making authority, along with state and local funding sources, and opposes unfunded or inadequately funded mandates. The City supports ongoing engagement between state and local governments to ensure local control is maintained and responsible housing development is promoted in a collaborative effort.

Criminal Justice Reform
The City of Fairfield is dedicated to advocating for meaningful reforms to California Propositions 47 and 58 to address concerns related to public safety and the criminal justice system. Recognizing the importance of criminal justice reform, the City seeks modifications to Proposition 47 to ensure that its intended goals of reducing certain non­violent offenses to misdemeanors do not inadvertently compromise public safety. The City also advocates for a review and potential adjustment of Proposition 58, which addresses non­violent juvenile offenders. While supporting the underlying principles of these propositions, the City emphasizes the necessity of refining the legislative framework to strike an appropriate balance. The aim is to prevent unintended consequences that may hinder the Police Department's ability to hold offenders accountable and ensure community safety. The City urges collaborative efforts to revisit and reform Propositions 47 and 58 to better align with the needs and concerns of our community while upholding the principles of fairness, justice, and public welfare.

Adoption of the proposed Platform by the council will streamline the City’s advocacy efforts by enabling City staff to take immediate action on pressing legislative items efficiently and without delay under council direction. Throughout the legislative session, the City will review and take positions on various policy and budget items at the state and federal levels. When a recommended position is consistent with existing City policy, as adopted in the Platform, the City Manager’s Office will prepare a position letter for the mayor’s signature.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A
Packet Page 288 of 423

Agenda Item No: 11.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024­39 of the City Council of the City of Fairfield Adopting the City ofFairfield’s 2024 State and Federal Legislative PlatformRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEEach year, the City Council adopts an annual legislative platform that establishes the priorities,principles, and policy statements of the City of Fairfield City Council and creates the basis for itsadvocacy efforts at the state and federal levels. This resolution will update and adopt the 2024 Stateand Federal Legislative Platform (Platform).DISCUSSIONThe Platform establishes the priorities, principles, and policy statement of the City of Fairfield CityCouncil and creates the basis for its advocacy efforts, alerting our legislative partners of the greatestneeds of our residents and where we need additional help. The Platform provides general direction toCity departments, legislative advocates, delegation members, and the public on our positions on criticalpolicy matters that may impact how the City does business.In 2023, the City submitted 13 letters to legislators representing Fairfield in addition to five letters ofsupport for community organizations pursuing funding or programming that would benefit the Fairfieldcommunity. The City submitted funding requests to the City’s state and congressional representatives,and successfully secured $500,000 for the City’s transit and municipal fleet electrification project aspart of House Resolution 4820 through Congressman Garamendi.Changes to the 2024 Platform are redlined in Attachment B and reflect the current operational needs ofCity departments to pursue council priorities and core services. The Platform is organized bydepartment and highlights legislative interests, including policy positions intended to strengthen theCity's operations, increase funding opportunities, and maintain local authority. While the City willrespond to various legislative items throughout the year, priority policy areas include providingaffordable housing and homeless resources, maintaining local control, and pursuing criminal justicereform.Affordable Housing and Homeless ResourcesThe City continues to support policies and funding mechanisms for affordable housing and homelessresources. The City strives to permanently reduce homelessness in Fairfield by protecting the healthand safety of all residents, increasing housing opportunities, enhancing the system of care, improvingpublic policy and engagement, and strengthening regional capacity to address homelessness. Sincefiscal year 2019, the City of Fairfield has spent approximately $11.57 million in overall services forthose experiencing homelessness. The City will continue to seek funding support and legislation thatprovides resources and programming to address California's homeless crisis. Affordable andpermanent supportive housing is a vital component in addressing homelessness, and the City strives tomake housing accessible to all income and service levels. The City will continue to monitor and supportsustainable funding for various levels of housing while also balancing the importance of local controlover planning and land use.Maintaining Local Control The City of Fairfield is committed to preserving local control and decision­making authority, along withstate and local funding sources, and opposes unfunded or inadequately funded mandates. The Citysupports ongoing engagement between state and local governments to ensure local control ismaintained and responsible housing development is promoted in a collaborative effort.Criminal Justice ReformThe City of Fairfield is dedicated to advocating for meaningful reforms to California Propositions 47and 58 to address concerns related to public safety and the criminal justice system. Recognizing theimportance of criminal justice reform, the City seeks modifications to Proposition 47 to ensure that itsintended goals of reducing certain non­violent offenses to misdemeanors do not inadvertentlycompromise public safety. The City also advocates for a review and potential adjustment of Proposition58, which addresses non­violent juvenile offenders. While supporting the underlying principles of thesepropositions, the City emphasizes the necessity of refining the legislative framework to strike anappropriate balance. The aim is to prevent unintended consequences that may hinder the PoliceDepartment's ability to hold offenders accountable and ensure community safety. The City urgescollaborative efforts to revisit and reform Propositions 47 and 58 to better align with the needs andconcerns of our community while upholding the principles of fairness, justice, and public welfare.Adoption of the proposed Platform by the council will streamline the City’s advocacy efforts by enablingCity staff to take immediate action on pressing legislative items efficiently and without delay undercouncil direction. Throughout the legislative session, the City will review and take positions on variouspolicy and budget items at the state and federal levels. When a recommended position is consistentwith existing City policy, as adopted in the Platform, the City Manager’s Office will prepare a positionletter for the mayor’s signature.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTION N/A
STAFF CONTACT
Anna Guiles, Assistant to the City Manager
(707) 428­7399
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed 2024 Federal and State Legislative Platform REVIEWERS:

Reviewer Action Date
Dombrowski, Delaney Approved 2/9/2024 ­ 5:35 PM
Dombrowski, Delaney Approved 2/9/2024 ­ 5:42 PM
Packet Page 289 of 423

CITY OF FAIRFIELD

RESOLUTION NO. 2024-39

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADOPTING THE CITY OF FAIRFIELD’S 2024 STATE AND FEDERAL LEGISLATIVE PLATFORM

WHEREAS, historically, the City Council adopts an annual legislative platform that establishes the priorities, principles, and policy statements of the City of Fairfield City Council ; and

WHEREAS, the legislative platform creates the basis for advocacy efforts, alerting legislative partners of the greatest needs of our residents and where additional help is needed; and

WHEREAS, the 2024 Legislative Platform remains mostly unchanged from the 2023 Platform and continues to reflect the current issues and challenges of the City of Fairfield; and

WHEREAS, the Platform highlights legislative interests, including policy positions intended to strengthen the City’s operations, increase funding opportunities, and maintain local authority; and

WHEREAS, the City will respond to various legislative items throughout the year, but priority policy areas will include affordable housing and homeless resources, criminal justice reform, and maintaining local control.

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

Section 1. The council approves the 2024 State and Federal Legislative Platform.

PASSED AND ADOPTED this 20th day of February 2024, 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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