Agenda, first session — Fairfield City Council, March 5, 2024 (part 1 of 2)

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

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:

Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via phone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400 CALL TO ORDER 6:00 PM
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PRESENTATIONS

1.Proclamation Declaring National Women's History Month Presented by Vice Mayor Pam Bertani
Contact:Karen Rees, (707) 4287767
a

2.Proclamation Declaring American Red Cross Month Presented by Councilmember Scott Tonnesen
Contact:Karen L. Rees, (707) 4287767
a

3.Proclamation Declaring "Cort Day" Presented by Mayor Catherine Moy Contact:Karen L. Rees, (707) 4287767
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

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

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4.Resolution 202445 of the City Council of the City of Fairfield Approving Amendments to the City of Fairfield Conflict of Interest Code
Recommended Action
Adopt resolution.

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

5.Resolution 202446 of the City Council of the City of Fairfield Setting a Hearing for April 2, 2024 Re: Appeal of Denial of Business License #99000054 for Panderia La Mexicana Located at 1972 N. Texas Street #H, Fairfield, CA 94533 Pursuant to Chapter 10 (Section 10B.33) of the Fairfield Municipal Code
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:David Lim, (415) 4218484
a

6.Resolution 202447 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Support Agreement with Westnet, LLC for the FirstIn Alerting System Recommended Action
Adopt resolution.

Funding Source
$407,664; Fire Fund
Contact:Eudora Fleischman, (707) 4287527
a

7.Resolution 202448 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Improvement Agreement with Rancho Tolenas Corp. for the Phase 3 Master Infrastructure Clay Bank Road Improvements
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Caroline Vedder, (707) 4287484
a

8.Resolution 202449 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Taco Bell) to Community Facilities District (CFD) No. 20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 67
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Valerie Standfill, (707) 4287055
a

9.Resolution 202450 of the City Council of the City of Fairfield Authorizing Prequalification of Bidders for Public Works Contracts
Recommended Action
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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILTUESDAY, MARCH 5, 2024; 6:00 PMHARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:Pursuant to Government Code 84308, City Council Members are disqualified and notable to participate in any agenda item involving contracts (other than competitivelybid, labor, or personal employment contracts), franchises, discretionary land usepermits and other entitlements if the City Council Member received more than $250 incampaign contributions from the applicant or contractor, an agent of the applicant orcontractor, or any financially interested participant who actively supports or opposesthe City's decision on the agenda item since January 1, 2023. Members of the CityCouncil who have received, and applicants, contractors or their agents who havemade, campaign contributions totaling more than $250 to a City Council Membersince January 1, 2023, are required to disclose that fact for the official record of thesubject proceedings. Disclosures must include the amount of the campaigncontribution and identify the recipient City Council Member and may be made either inwriting to the City Clerk before the agenda item or by verbal disclosure duringconsideration.Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, andwebstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoomat https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or viaphone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Doug CarrCouncilmember Doriss PanduroCouncilmemberScott TonnesenCouncilmember Rick VaccaroCouncilmember K. Patrice Williams Vice Mayor Pam BertaniMayor Catherine "Cat" MoyINVOCATION Pastor Vernon Burroughs, Community United Methodist ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring National Women's History Month Presented by Vice Mayor PamBertaniContact:Karen Rees, (707) 4287767a2.Proclamation Declaring American Red Cross Month Presented by Councilmember ScottTonnesenContact:Karen L. Rees, (707) 4287767a3.Proclamation Declaring "Cort Day" Presented by Mayor Catherine MoyContact:Karen L. Rees, (707) 4287767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.4.Resolution 202445 of the City Council of the City of Fairfield Approving Amendments to the Cityof Fairfield Conflict of Interest CodeRecommended ActionAdopt resolution.Funding SourceN/AContact:Karen L. Rees, (707) 4287767a5.Resolution 202446 of the City Council of the City of Fairfield Setting a Hearing for April 2, 2024Re: Appeal of Denial of Business License #99000054 for Panderia La Mexicana Located at1972 N. Texas Street #H, Fairfield, CA 94533 Pursuant to Chapter 10 (Section 10B.33) of theFairfield Municipal CodeRecommended ActionAdopt resolution.Funding SourceN/AContact:David Lim, (415) 4218484a6.Resolution 202447 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Support Agreement with Westnet, LLC for the FirstIn Alerting SystemRecommended ActionAdopt resolution.Funding Source$407,664; Fire FundContact:Eudora Fleischman, (707) 4287527a7.Resolution 202448 of the City Council of the City of Fairfield Authorizing the City Manager toExecute an Improvement Agreement with Rancho Tolenas Corp. for the Phase 3 MasterInfrastructure Clay Bank Road ImprovementsRecommended ActionAdopt resolution.Funding SourceN/AContact:Caroline Vedder, (707) 4287484a8.Resolution 202449 of the City Council of the City of Fairfield Declaring Its Intention to AnnexTerritory (Taco Bell) to Community Facilities District (CFD) No. 20122 and Authorizing the Levyof Special Taxes Therein for Annexation No. 67Recommended ActionAdopt resolution.Funding SourceN/AContact:Valerie Standfill, (707) 4287055a

9.Resolution 202450 of the City Council of the City of Fairfield Authorizing Prequalification of Bidders for Public Works Contracts
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Ryan Panganiban, (707) 4287017
a

10.Resolution 202451 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 LSA Associates, Inc. for Environmental Services for the Travis Safe Routes to School and Transit Trail Project Recommended Action
Adopt resolution.

Funding Source
$156,350; Street Capital Fund
Contact:David Vong, (707) 4287784
a

11.Resolution 202452 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Funding Agreement Between the City of Fairfield and the Solano Transportation Authority (STA) for the Solano Climate Adaptation Resiliency Plan for Transportation Infrastructure
Recommended Action
Adopt resolution.

Funding Source
$5,000; Gas Tax Fund
Contact:Bryan Heinzelman, (707) 4287034
a

12.Resolution 202453 of the City Council of the City of Fairfield Authorizing the City Manager to Apply for ProHousing Incentive Program (PIP) Funds
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:LaTanya Terrones, (707) 4287454
a
NEW BUSINESS

13.Resolution 202454 of the City Council of the City of Fairfield Approving the Report of the Advisory Board for Calendar Year 2023 and Proposed Budget for Calendar Year 2024 in Connection with the North Texas Street Business Improvement District; and Resolution 202455 of the City Council of the City of Fairfield Declaring Intention to Levy an Assessment Against Businesses within the North Texas Street Business Improvement District for Calendar Year 2024 and Setting a Time and Place for Hearing Objections Thereto Recommended Action
Adopt resolution(s).

Funding Source
N/A
Contact:Dwayne Dalman, (707) 4287649
a
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14.Public Hearing; and
First Reading and Introduction of Ordinance 202402 of the City Council of the City of Fairfield Amending Section 25.28.5 of Chapter 25, Article I of the Municipal Code, Also Known as the Zoning Ordinance, to Permit Selected Industrial Business Park Uses for Office Commercial – North Cordelia Zoned Properties South of Business Center Drive and Establish Certain Design and Operating Standards
Or;
Second Reading and Adoption of Ordinance 202401 of the City Council of the City of Fairfield Amending Section 25.28.5 of Chapter 25, Article I of the Municipal Code, Also Known as the Zoning Ordinance, to Permit Selected Industrial Business Park Uses for Office Commercial – North Cordelia Zoned Properties South of Business Center Drive and Establish Certain Design and Operating Standards
Recommended Action
Hold public hearing; waive full reading, read by title only, and introduce an ordinance for first reading.
or
Provide a second reading and adopt Ordinance 202401.

Funding Source
N/A
Contact:David Feinstein, (707) 4287448
a
ADJOURN TO TUESDAY, MARCH 19, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

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

PUBLIC NOTIFICATION
I, Delaney Dombrowski, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Thursday, February 29, 2024.

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Agenda Item No: 4.

AGENDA REPORT
DATE:March 5, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202445 of the City Council of the City of Fairfield Approving Amendments to the City of Fairfield Conflict of Interest Code
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Government Code Section 87306 requires amending the City’s Conflict of Interest Code whenever new positions are created or in the event of any reclassification, renaming, or deletion of previously designated positions (those positions that involve the making or participation in the making of decisions that may have a foreseeable material effect on any financial interest). The attached resolution satisfies the requirements of this Government Code section.

DISCUSSION
Government Code Section 87306 requires a local agency to amend the Conflict of Interest Code whenever a change occurs that affects the code. The types of changes that warrant amendments include:

1. The creation of a new position which involves the making of, or participation in the making of, decisions which may foreseeably have a material effect on any financial interest; and/or

2. The reclassification, renaming, or deletion of a previously designated position.

Annually, City department heads should review the list of positions required to file a Conflict of Interest Code to determine necessary amendments.

The City last revised its Conflict of Interest Code in Resolution 202338. The resolution contained the list of designated positions, assigned disclosure categories, and described the disclosure categories.

The following amendments are now proposed:

Add the following positions from the list of designated positions in Exhibit A:

Parks & Recreation Manager
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Agenda Item No: 4.AGENDA REPORTDATE:March 5, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202445 of the City Council of the City of Fairfield Approving Amendmentsto the City of Fairfield Conflict of Interest CodeRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEGovernment Code Section 87306 requires amending the City’s Conflict of Interest Code whenever newpositions are created or in the event of any reclassification, renaming, or deletion ofpreviously designated positions (those positions that involve the making or participation in the makingof decisions that may have a foreseeable material effect on any financial interest). The attachedresolution satisfies the requirements of this Government Code section.DISCUSSIONGovernment Code Section 87306 requires a local agency to amend the Conflict of Interest Codewhenever a change occurs that affects the code. The types of changes that warrant amendmentsinclude:1. The creation of a new position which involves the making of, or participation in the making of,decisions which may foreseeably have a material effect on any financial interest; and/or2. The reclassification, renaming, or deletion of a previously designated position.Annually, City department heads should review the list of positions required to file a Conflict of InterestCode to determine necessary amendments.The City last revised its Conflict of Interest Code in Resolution 202338. The resolution contained thelist of designated positions, assigned disclosure categories, and described the disclosure categories.The following amendments are now proposed:

Add the following positions from the list of designated positions in Exhibit A:

Parks & Recreation Manager
Police Support Supervisor
Public Information Officer
Senior Budget Analyst
Remove the following position from the following list of designated positions in Exhibit A:

Dispatch Manager
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose to not approve the proposed changes.

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

Description
Attachment 1: Proposed Resolution
Attachment 2: Exhibit A Proposed Changes
Attachment 3: Exhibit B Summary of Categories
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 2/5/2024 2:19 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-45

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD

APPROVING AMENDMENTS TO THE CITY OF FAIRFIELD CONFLICT OF INTEREST CODE

WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., (the “Political Reform Act”) requires local agencies to adopt and promulgate a Conflict of Interest Code; and

WHEREAS, the Political Reform Act requires local agencies to perform a biennial review of their agency’s Conflict of Interest Code; and

WHEREAS, Government Code Section 87306 requires local agencies to amend its Conflict of Interest Code whenever new positions are created or when job reclassifications which rename or delete previously designated positions are made; and

WHEREAS, the City Council of the City of Fairfield has adopted and amended from time to time a Conflict of Interest Code, with the most recent Code adopted by Resolution 2023-38.

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

Section 1. The council rescinds Resolution 2023-38 and approves and adopts the attached list showing the designated positions and assigned disclosure categories for the Conflict of Interest Code for the City of Fairfield and its Affiliated Agencies.

Section 2. The council adopts the Summary of Disclosures, as attached hereto, summarizing the disclosure categories for the Conflict of Interest Code for the City of Fairfield and its Affiliated Agencies.

PASSED AND ADOPTED this 5th day of March 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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EXHIBIT A

CONFLICT OF INTEREST CODE

CITY OF FAIRFIELD AND ITS AFFILIATED AGENCIES

March 5, 2024

Position Category
Accounting Manager 1, 2, 4
Assistant City Attorney 1, 2, 3, 4
Assistant City Manager 1, 2, 3, 4
Assistant Engineer 1, 2, 3, 4
Assistant Planner 1, 2, 3
Assistant Public Works Director 1, 2, 3, 4
Assistant to the City Manager 1, 2, 3, 4
Associate Civil Engineer 1, 2, 3, 4
Associate Planner 1, 2, 3
Battalion Chief 1, 2
Budget Officer 1, 2, 4
Building Inspector 1, 2, 3
Building Inspector Supervisor 1, 2, 3
Building Maintenance Manager 2, 3, 4
CDBG Advisory Committee Member 1, 2, 3, 4
Chief Building Official 3
Chief of Police 1, 2
City Clerk 1, 2, 3, 4
Code Enforcement Officer 1, 2
Code Enforcement Supervisor 1, 2
Communications Manager 1, 2, 3, 4
Consultants* 1, 2, 3, 4
Crime Prevention Specialist 1, 2
Deputy Fire Chief 1, 2
Director of Community Development 1, 2, 3, 4
Director of Finance 1, 2, 3, 4
Director of Housing Services 1, 2, 3, 4
Director of Human Resources 1, 2, 3, 4
Director of Information Technology 1, 2, 3, 4
Director of Parks & Recreation 1, 2, 3, 4
Director of Public Works 1, 2, 3, 4
Dispatch Manager 1, 2, 3, 4
Economic Development Division Manager 1, 2, 3, 4
Economic Development Project Manager 1, 2, 3, 4
Economic Development Specialist 1, 2, 3
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Executive Office Manager 1, 2, 3, 4
Finance Support Supervisor 1, 2, 4
Financial Services Manager 1, 2, 4
Fire Chief 1, 2
Fire Inspector (for code enforcement, plan review,
or inspection) 1, 2, 3
Fire Prevention Supervisor 1, 2, 3
Fleet Division Manager 1, 2, 3, 4
Homeless Services Manager 1, 2, 3, 4
Housing Division Manager 1, 2, 3, 4
Housing Finance Analyst 1, 2, 3, 4
Housing Specialist 1, 2, 3, 4
Human Resources Manager 1, 2, 3, 4
I.T. Analyst 1, 2, 3, 4
I.T. Manager 1, 2, 3, 4
Landscape Maintenance Manager 1, 2, 3, 4
Management Analyst 1, 2, 3, 4
Operations Superintendent 1, 2, 3, 4
Parks & Recreation Manager 1, 2, 3, 4
Parks & Recreation Superintendent 1, 2, 3, 4
Parks & Recreation Supervisor 1, 2, 3, 4
Permit Center Supervisor 1, 2, 3
Planning Division Manager 1, 2, 3, 4
Police Captain 1, 2, 3, 4
Police Communications Manager 1, 2
Police Community Engagement Manager 1, 2
Police Lieutenant 1, 2
Police Records and Property Manager 1, 2
Police Support Supervisor 1, 2
Principal Accountant 1, 2, 3, 4
Principal Planner 1, 2, 4
Public Information Officer 1, 2, 3, 4
Public Works Construction Manager 1, 2, 3, 4
Public Works Inspector 1, 2, 3, 4
Risk Manager 1, 2, 3, 4
Senior Budget Analyst 1, 2, 3, 4
Senior Civil Engineer 1, 2, 3, 4
Senior Economic Development Project Manager 1, 2, 3, 4 Senior Housing Project Manager 1, 2, 3, 4
Senior Management Analyst 1, 2, 3, 4
Senior Management Analyst/Police 1, 2, 3, 4
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Senior Planner 1, 2, 3, 4
Street Maintenance Manager 1, 2, 3, 4
Traffic Engineer 1, 2, 3, 4
Transit Operations Manager 3, 4
Transportation Manager 1, 2, 4
Water Distribution Manager 2, 4
Water Treatment Manager 2, 4

*Bold represents added positions, and strikethroughs represent deleted positions.

Disclosure for the following positions is regulated by State law:

City Attorney
City Manager
Mayor and Council
Planning Commissioner
City Treasurer

*The city attorney may determine in writing that a particular consultant . However, a “designated position” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section . Such a written determination should include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The city attorney’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

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EXHIBIT B
City of Fairfield
Conflict of Interest Code
Summary of Categories
As of March 5, 2024

Category 1. Persons in this category shall disclose interests in real property if the real property is located in the city of Fairfield.

Category 2. Persons in this category shall disclose income from sources of income and business entities in which he/she has an investment if the business entity or source of income owns real property within the city of Fairfield and does business within the city of Fairfield.

Category 3. Persons in this category shall disclose income from sources of income and business entities in which he/she has an investment if the source of income or business entity is in the construction or building industry within the city of Fairfield.

Category 4. Persons in this category shall disclose income from sources of income and investments in business entities in which he/she has an investment if the source of income or business entity within the previous two years provided services, equipment, lease space, materials, or supplies to the City of Fairfield, Fairfield Housing Authority, or Successor Agency to the Fairfield Redevelopment Agency.

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Agenda Item No: 5.

AGENDA REPORT
DATE:March 5, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202446 of the City Council of the City of Fairfield Setting a Hearing for April 2, 2024 Re: Appeal of Denial of Business License #99000054 for Panderia La Mexicana Located at 1972 N. Texas Street #H, Fairfield, CA 94533 Pursuant to Chapter 10 (Section 10B.33) of the Fairfield Municipal Code RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Fairfield Municipal Code allows the holder of a City business license to appeal the revocation of their license to the City Council. Fairfield Municipal Code section 10B.33 requires the council to set a time and place for the hearing.

DISCUSSION
On January 23, 2024, the City of Fairfield declined to renew business license #99000054 for Panderia La Mexicana located at 1972 North Texas Street, Suite H. The owner of Panderia La Mexicana, Waleed Abdula Alomeri and Jamil Saleh has appealed the denial of renewal of their business license #99000054 and has asked for a hearing before the council as provided for under Fairfield Municipal Code section 10B.33.

Staff recommends the council set the appeal of the denial of the renewal of business license #99000054 on April 2, 2024 at 6:00 PM during the regular council meeting.

The denial of the renewal of the business license of Panderia La Mexicana is stayed while this matter is under appeal.

FINANCIAL IMPACT
The financial impact is minimal, as the hearing will take place during a regularly scheduled council meeting.

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Agenda Item No: 5.AGENDA REPORTDATE:March 5, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202446 of the City Council of the City of Fairfield Setting a Hearing for April2, 2024 Re: Appeal of Denial of Business License #99000054 for Panderia LaMexicana Located at 1972 N. Texas Street #H, Fairfield, CA 94533 Pursuant toChapter 10 (Section 10B.33) of the Fairfield Municipal CodeRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Fairfield Municipal Code allows the holder of a City business license to appeal the revocation oftheir license to the City Council. Fairfield Municipal Code section 10B.33 requires the council to set atime and place for the hearing.DISCUSSIONOn January 23, 2024, the City of Fairfield declined to renew business license #99000054 for PanderiaLa Mexicana located at 1972 North Texas Street, Suite H. The owner of Panderia La Mexicana, WaleedAbdula Alomeri and Jamil Saleh has appealed the denial of renewal of their business license#99000054 and has asked for a hearing before the council as provided for under Fairfield MunicipalCode section 10B.33.Staff recommends the council set the appeal of the denial of the renewal of business license#99000054 on April 2, 2024 at 6:00 PM during the regular council meeting.The denial of the renewal of the business license of Panderia La Mexicana is stayed while this matter isunder appeal.FINANCIAL IMPACTThe financial impact is minimal, as the hearing will take place during a regularly scheduled council meeting.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
By operation of the Municipal Code, the council must set a date and time to hear the appeal of the business license holder. The council can choose whatever date and time they like, and are not bound to set the hearing on April 2, 2024.

STAFF CONTACT
David Lim, City Attorney
(415) 4218484
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
REVIEWERS:

Reviewer Action Date
Dombrowski, Delaney Approved 2/20/2024 2:59 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-46

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD SETTING A HEARING FOR APRIL 2, 2024, RE: APPEAL OF DENIAL OF RENEWAL OF BUSINESS LICENSE # 99000054 FOR PANDERIA LA MEXICANA LOCATED AT 1972 NORTH TEXAS #H, FAIRFIELD, CA 94533 PURSUANT TO CHAPTER 10 (SECTION 10B.33) OF THE FAIRFIELD

MUNICIPAL CODE

WHEREAS, On January 23, 2024, the City of Fairfield declined to renew business license number 99000054 belonging to Panderia La Mexicana located at 1972 North Texas Street in the City of Fairfield, State of California; and

WHEREAS, Fairfield Municipal Code section 10B.33 states, “Any person aggrieved by any decision of the collector with respect to the issuance or denial of a license, the revocation of a license, or the amount of a license tax may appeal to the council by filing a notice of appeal with the collector within fifteen days of such decision. The notice of appeal shall describe the reason why the decision of the collector should be reversed or modified;” and

WHEREAS, Panderia La Mexicana has timely exercised their right of appeal to the City Council through delivery to the City requesting an appeal of the revocation of their license on February 6, 2024; and

WHEREAS, Fairfield Municipal Code section 10B.33 requires the council to “fix a time and place for hearing such appeal and the collector shall give notice in writing to such person of the time and place of hearing by serving it personally or by depositing it in the post office in the city, postage prepaid, addressed to such person at the address appearing on his last license or application;” and

WHEREAS, Fairfield Municipal Code section 10B.33 states, “If a timely appeal is filed, the effect of the decision of the collector shall be stayed until the appeal is decided by the council.”

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

Section 1. A hearing on the revocation of business license number 99000054 belonging to Panderia La Mexicana located at 1972 North Texas Street in the City of Fairfield, State of California shall be fixed for April 2, 2024 at the regular meeting of the Fairfield City Council which begins at 6:00 PM. The hearing shall be heard at any time during the regular meeting of the council and does not need to begin at 6:00 PM.

Section 2. The collector for the City of Fairfield or their authorized representative shall give notice in writing to the authorized representative of Panderia La Mexicana of the time and place of the hearing by serving it personally or by depositing it in the post office in the city, postage prepaid, addressed to the person at the address appearing on the last license or application. Notice shall also be given to the attorney of the appellant, if applicable.

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RES. NO. 2024-46

Page 2 ends

Section 3. The revocation of business license number 99000054 is hereby stayed until the appeal is decided by the council.

Section 4. The Collector and city staff are authorized to do all things proper and necessary to prepare for the appeal hearing on April 2, 2024.

Section 5. In the event the owner or representative of the owner for Panderia La Mexicana requests a different date to hold the hearing, the city attorney for the City of Fairfield is authorized to set a new date without further approval from the council so long as the owner or representative of the owner for Panderia La Mexicana agrees to the new date in writing.

PASSED AND ADOPTED this 5th day of March 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 16 of 202Attachment 1 Page 2 of 2

Agenda Item No: 6.

AGENDA REPORT
DATE:March 5, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202447 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Support Agreement with Westnet, LLC for the FirstIn Alerting System
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Fairfield Fire Department purchased and installed a FirstIn Alerting fire system from Westnet, LLC and must purchase the ongoing hardware and software support for the installed fire alerting system.

DISCUSSION
The FirstIn Alerting system was installed across all the Fairfield Fire stations along with dispatching infrastructure from the Westnet manufacturer. The system went live in August 2023 with limited oneyear support. The Fire Department is recommending purchasing ongoing hardware and software support to cover a fiveyear term from July 1, 2024 to June 30, 2029. The support agreement will cover the repair or replacement of component equipment, replacement of UPS batteries, one voicechip reprogramming change per agreement term, one prescheduled onsite maintenance visit per year, and 24/7 technical support on the FirstIn Fire Alerting system. Additionally, the support agreement will provide spare equipment for exchange service and remote system maintenance; monitoring; and diagnostic testing with integrated system operations.

FINANCIAL IMPACT
The proposed amount for this annual support agreement is not to exceed $407,664 ($392,663.13 + $15,000 contingency). The total price to be paid to WESTNET shall consist of the following annual rates:

Maintenance period: July 1, 2024 – June 30, 2025
Stations Gold Amount:$54,881.09
Dispatch Platinum Amount:$22,720.32
Packet Page 17 of 202

Funds are available in Fire Fund 10155100. Negotiating an annualized fiveyear payment decreases costs and will not be subject to a 10% increase yearoveryear for the life of the fiveyear term. It is anticipated that a renewal of a fiveyear discounted term will be required for up to two additional terms, with price adjustment at the end of each fiveyear term and subject to budget appropriation.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose not to approve this purchase, but the City would be unable to ensure effective operations for the Fire FirstIn Alerting system, which would jeopardize lifesaving times for Dispatch to alert fire stations to emergency 911 calls. Support and maintenance by the manufacturer is imperative for continued longterm operational use of the City’s newly installed system.

STAFF CONTACT
Eudora Fleischman, Infrastructure and Security Manager
(707) 4287527
[email protected]
COORDINATED WITH
City Attorney's Office, Fire Department
ATTACHMENTS:

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

Reviewer Action Date
Chaudhary, Savita Approved 1/18/2024 1:05 PM
Packet Page 18 of 202

Agenda Item No: 6.AGENDA REPORTDATE:March 5, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202447 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Support Agreement with Westnet, LLC for the FirstIn AlertingSystemRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Fairfield Fire Department purchased and installed a FirstIn Alerting fire system from Westnet, LLCand must purchase the ongoing hardware and software support for the installed fire alerting system.DISCUSSIONThe FirstIn Alerting system was installed across all the Fairfield Fire stations along with dispatchinginfrastructure from the Westnet manufacturer. The system went live in August 2023 with limited oneyearsupport. The Fire Department is recommending purchasing ongoing hardware and software support tocover a fiveyear term from July 1, 2024 to June 30, 2029. The support agreement will cover the repairor replacement of component equipment, replacement of UPS batteries, one voicechipreprogramming change per agreement term, one prescheduled onsite maintenance visit per year, and24/7 technical support on the FirstIn Fire Alerting system. Additionally, the support agreement willprovide spare equipment for exchange service and remote system maintenance; monitoring; anddiagnostic testing with integrated system operations.FINANCIAL IMPACTThe proposed amount for this annual support agreement is not to exceed $407,664 ($392,663.13 +$15,000 contingency). The total price to be paid to WESTNET shall consist of the following annualrates:Maintenance period: July 1, 2024 – June 30, 2025Stations Gold Amount:$54,881.09Dispatch Platinum Amount:$22,720.32Maintenance period: July 1, 2025 – June 30, 2026Stations Gold Amount:$54,881.09Dispatch Platinum Amount:$22,720.32Maintenance period: July 1, 2026 – June 30, 2027Stations Gold Amount:$54,881.09Dispatch Platinum Amount: $22,720.32Maintenance period: July 1, 2027 – June 30, 2028Stations Gold Amount:$56,527.52Dispatch Platinum Amount:$23,401.93Maintenance period: July 1, 2028 – June 30, 2029Stations Gold Amount:$56,527.52Dispatch Platinum Amount:$23,401.93The proposed fiveyear annual support agreement totals $392,663.13, with a contingency of anadditional $15,000 to support any noncovered hardware and software issues due to PG&E powerevents that may cause damage during the fiveyear term of support for the alerting system.Funds are available in Fire Fund 10155100. Negotiating an annualized fiveyear payment decreasescosts and will not be subject to a 10% increase yearoveryear for the life of the fiveyear term. It isanticipated that a renewal of a fiveyear discounted term will be required for up to two additional terms,with price adjustment at the end of each fiveyear term and subject to budget appropriation.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe City Council may choose not to approve this purchase, but the City would be unable to ensureeffective operations for the Fire FirstIn Alerting system, which would jeopardize lifesaving times forDispatch to alert fire stations to emergency 911 calls. Support and maintenance by the manufacturer isimperative for continued longterm operational use of the City’s newly installed system.STAFF CONTACTEudora Fleischman, Infrastructure and Security Manager(707) 428[email protected] WITHCity Attorney's Office, Fire DepartmentATTACHMENTS:DescriptionAttachment 1: Proposed ResolutionAttachment 2: Proposed AgreementREVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 1/18/2024 1:05 PM
Dombrowski, Delaney Approved 1/22/2024 4:15 PM
Dombrowski, Delaney Approved 1/22/2024 4:16 PM
Packet Page 19 of 202

CITY OF FAIRFIELD

RESOLUTION NO. 2024-47

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

MANAGER TO EXECUTE A SUPPORT AGREEMENT WITH WESTNET, LLC FOR THE FIRST -IN

ALERTING SYSTEM

WHEREAS, the Fairfield Fire Department purchased and installed a First-In Alerting fire system and must purchase the ongoing hardware and software support for the installed fire alerting system components; and

WHEREAS, the support agreement will cover repair or replacement of component equipment; replacement of UPS batteries; one voice-chip reprogramming change per agreement term; one prescheduled on-site maintenance visit per year; 24/7 technical support on the First-In Fire Alerting system; provide spare equipment for exchange service and remote system maintenance; monitoring; and diagnostic testing with integrated system operations; and

WHEREAS, funding is allocated in the City’s approved fiscal year (FY) 2024-2025 budget from Fire Fund 10155100.

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

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield the proposed five-year annual support agreement for $392,663.13, with a contingency of an additional $15,000 to support any non-covered hardware and software issues during the five-year term of the agreement from July 1, 2024, through June 30, 2029, for a total of $407,663.13.

Section 2. The city manager is authorized to renew the agreement for two additional five- year terms at the end of the first five-year agreement term, with price adjustment at the end of each five-year term and subject to budget appropriation.

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RES. NO. 2024-47

Page 2 ends

PASSED AND ADOPTED this 5th day of March 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 1 of 20

Fairfield Fire Department

Fire Station Alerting System
Fire Stations Gold and Dispatch Platinum
Annual Maintenance

July 1, 2024 – June 30, 2029

Westnet, LLC.

Huntington Beach, CA 92649
(800) 807-1700
www.FirstInAlerting .com

Table of Contents

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 2 of 20

1. Introduction…………………………………………………… 3

2. Assumptions…………………………………………………. 3

3. Project Deliverables…………………………………………. 3

4. Services…………..…………………………………………... 3

5. Customer Responsibilities………………………………….. 4 6. Schedule……………………………………………………… 4

7. Price and Payment…………………………………….……. 4

8. Ownership of Data / Computer Software…………………. 4

9. Maintenance…………………………………………………. 5

10. Warranty……………………………………………………… 5 11. Taxes………...……………………………………………….. 5

12. Place o f Performance………………………………………. 5

13. Termination….………………………………………………. 5

14. Governing Law………………………………………………. 5

15. Severability...………………………………………………. 5

16. Entir e Agreement……………………………………………. 6

Attachment A – Party Responsibility Detail…………………….. 7 Attachment A – Limitation of Liability………..………………….. 9 Attachment B – Maintenance and Support Statement of Work 10 Attachment C – Maintenance Quote…………..………………. 13 Attachment D – How To Obtain Service…………………….. 15

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 3 of 20

1. INTRODUCTION

This document is submitted to serve as an Agreement (AGREEMENT) between Westnet, LLC., a California corporation, having a place of business at 15542 Chemical Lane, Huntington Beach, CA 92649, and the City of Fairfield Fire Department, (herein Customer), wherein Westnet will provide on-site maintenance and repair to the Customer’s fire station alerting systems and technical support.

This AGREEMENT is intended to clarify purchased services to be provided herein. Functionality or services not identified within this AGREEMENT may, at the discretion of Westnet, be included at additional cost with appropriate revisions to the AGREEMENT . References to Westnet include subcontractors hired by Westnet to perform the on-site maintenance.

2. ASSUMPTIONS

This AGREEMENT and corresponding pricing are based upon the following assumptions:

1. The Customer will complete all Customer Responsibilities enumerated in Attachment A.

2. This AGREEMENT reflects those costs for the described work that can be reasonably assumed from the information provided. Westnet expressly reserves the right to make claim for those costs that could not be reasonably assumed and for the extension of time that could result.

3. PROJECT DELIVERABLES

There are no scheduled deliverables under this AGREEMENT . Should the Customer elect to purchase additional equipment or replacement equipment for damaged or destroyed units, said equipment is referred to in this AGREEMENT as Deliverables.

4. SERVICES

The proposed services include the functionality described below:

WESTNET RESPONSIBILITIES:

• Westnet, LLC. will provide one (1) prescheduled on-site maintenance visit and 24/7 toll-free technical support on the First-In Fire Alerting System. The on-site maintenance visit will be scheduled so that all stations can be visited on a single mobilization.

• Westnet will respond within four (4) hours for a system that is totally down. Westnet will have an initial response no later than the next business day for all other alerting system concerns.

• Provide spare equipment and exchange service. Westnet will stock and provide customized “hot spares”. Westnet will stock a Master Control Unit and voice-chips pre-programmed for the Customer.

• Provide remote system maintenance and monitoring. Westnet Systems Group will provide remote system maintenance, station diagnostic testing, and monitoring of reported trouble with integrated system operations.
• In Westnet will provide all parts and labor necessary to restore the Equipment to working order in accordance with factory specifications in effect at the time the Equipment was purchased.

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 4 of 20 • Westnet will repair or replace any malfunctioning component of the Equipment provided that the malfunction was not caused by an event excluded under this AGREEMENT. If Westnet elects to upgrade the Equipment rather than repair it, Westnet is under no obligation to upgrade other Equipment covered under this AGREEMENT. Westnet will pay for shipping back to Customer.

• Provide one (1) voice-chip reprogramming change on maintained equipment per Agreement term. Additional voice-chip reprogramming is available at the Westnet’s hourly rate for Maintenance Plan customers. Substantial programming changes that require an engineering upgrade are not included and will be quoted within thirty (30) days of the requested change.

• Westnet may subcontract the services provided under this AGREEMENT. Westnet reserves the right to add or remove any subcontractors from this project. Westnet will obtain Customer approval prior to adding a new subcontractor to the project.

• Westnet will replace all UPS batteries and HPA batteries during scheduled on-site maintenance as needed. On-Line UPS replacement is not included and will be invoiced separately.

5. CUSTOMER RESPONSIBILITIES

A. See the Assumptions section above.

B. The Customer will be responsible for those items listed in Attachment A. Failure to provide or maintain items listed in Attachment A that causes interference with Westnet’s systems will be diagnosed and repaired by Westnet on a time and material basis.

6. SCHEDULE

The services provided under this AGREEMENT commence upon final execution of this AGREEMENT , however, the maintenance period remains as defined in Section 7 below.

7. PRICE AND PAYMENT

The total price to be paid to WESTNET shall consisting of the following annual rates:

Maintenance period: July 1, 2024 – June 30, 2025
Stations Gold Amount: $54,881.09 Dispatch Platinum Amount: $22,720.32 Maintenance period: July 1, 2025 – June 30, 2026
Stations Gold Amount: $54,881.09 Dispatch Platinum Amount: $22,720.32 Maintenance period: July 1, 2026 – June 30, 2027
Stations Gold Amount: $54,881.09 Dispatch Platinum Amount: $22,720.32 Maintenance period: July 1, 2027 – June 30, 2028
Stations Gold Amount: $56,527.52 Dispatch Platinum Amount: $23,401.93 Maintenance period: July 1, 2028 – June 30, 2029 Stations Gold Amount: $56,527.52 Dispatch Platinum Amount: $23,401.93

Additionally, Customer shall pay for system assessments as follows:

Assessment amount: NA

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 5 of 20 CUSTOMER will be invoiced annually in advance. All payments shall be made within 30 calendar days from date of invoice. If payment is not received by 30 (thirty) days from the date of invoice, a late charge of 1.5% per month of the unpaid balance will be charged.

8. OWNERSHIP OF SPARE EQUIPMENT/ DATA / COMPUTER SOFTWARE

All spare equipment, computer software, hardware source-code and related deliverables (programs, data or program enhancements) shall be the property of Westnet, LLC. and, if applicable, shall be licensed to the Customer pursuant to the Westnet Software License Agreement.

9. MAINTENANCE

Customer shall be responsible for all on-site maintenance and repairs to all other Customer systems.

In the event that Customer elects to have Westnet, LLC. perform such maintenance or repairs, maintenance and repairs will be performed at prevailing rates plus expenses.

10. WARRANTY

Nothing in this AGREEMENT shall be construed as a Product warranty, or as a change or modification to the Westnet, LLC. Standard Limited Warranty that was originally supplied with the Product, which may or may not still be in effect. There is no warranty on the training services or technical support.

11. TAXES

Unless otherwise specifically stated, prices are exclusive of all federal, state, or local sales, use, property, gross receipts, valued added or similar taxes based upon amounts payable to Westnet, LLC. pursuant to this AGREEMENT (herein Taxes). If T ax es are specifically included in the AGREEMENT and there is an increase in the tax rate during the term of the AGREEMENT , the Customer will be responsible for the difference between the amount allocated in the AGREEMENT and the actual amount due.

12. PLACE OF PERFORMANCE

Place of performance is at Westnet for technical support, audio level-setting, and preliminary troubleshooting. Customer agrees to provide appropriate workplace accommodations, computer equipment, software and necessary fire station and dispatch access for Westnet personnel for all on-site work.

13. GENERAL PROVISIONS

The general provisions set forth in the City of Fairfield Standard Specifications and Details, latest edition and Attachment “E” 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 Attachment “E” shall control.

14. INSURANCE REQUIREMENTS
The insurance requirements set forth in Attachment “F” 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 Attachment “F” shall control.

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 7 of 20

ATTACHMENT A
Customer Responsibility Detail

CUSTOMER RESPONSIBILITIES:

1. Provide and maintain an operating 24/7 VPN f or the duration of the AGREEMENT. The VPN shall allow Westnet to connect to all fire stations that are equipped with the First-In Fire Station Alerting equipment. The VPN must be tested and operating with Westnet before Westnet will assume responsibility for maintenance. A non-operational VPN will not extend the start date or the term of this AGREEMENT , and customer will be billed on a time and material basis for any additional time spent diagnosing issues as a result of any lack of VPN. .

2. Ensure that the Westnet Monitoring Computer (if supplied) in Dispatch has 24/7 access to the VPN and to all Customer fire stations equipped with the First-In Fire Station Alerting Equipment.

Customer will return the Westnet Monitor Computer to Westnet upon Westnet’s request, but no later than the conclusion of the contract term. Westnet, in its sole discretion, will determine whether or not to utilize a Westnet Monitoring Computer in the Customer’s dispatch center.

3. Provide the make and model number of fire station radio that the First-In Alerting System will be connected to for the source of dispatch audio. If there are any connections to this radio other than the outside antenna and the power source, the Customer will provide a diagram showing the method of connection, connector pins used, signals obtained from the radio and signals sent to the radio by the fire station equipment.

4. Provide the name, 24-hour telephone number and position of responsible party that can be contacted about each station’s radio communication, public address, CAD and network equipment.

5. Provide Westnet with code-access or Customer personnel who have 24/7 access to the station(s).

6. Provide the make and model number of fire station amplifier, type of connectors used by fire alerting input, input impedance and the necessary audio level to drive station amplifier.

7. Provide a description of station control circuits (i.e. lighting, door openers, gas shut-off) and the number of circuits to be controlled by the Control Remote.

8. Ensure that the Master Control Unit (MCU) at each station is at all times plugged into the Westnet supplied properly operating on-line fulltime UPS. Westnet will exclude from this AGREEMENT the repair of any equipment not properly connected to the UPS.

9. Ensure that the Master Control Unit (MCU) at each station is at all times plugged into the First- In Radio Isolation Unit. Westnet will exclude from this AGREEMENT the repair of any equipment not properly connected to the Radio Isolation Unit.

10. Ensure that the radio antenna and lightning arrestor is installed, is installed per current engineering standards and that all lightning protection equipment is connected to a 5-ohm or less earth ground by a #6 or larger cable not exceeding eight (8) feet in length between the 5-ohm or less earth ground and the protected equipment.

11. Notify Westnet of any change in any equipment connected to the fire station alerting system.

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 8 of 20

12. To obtain service and repair for the Product, contact the Westnet Systems Group at 800-807- 1700. A Systems Group representative will assign a Case Number and provide diagnostic assistance.

13. The Customer will pay for shipping Equipment back to Westnet. The Customer will insure the equipment with the common carrier for the dollar amount given by Westnet.

SERVICE EXCLUSIONS AND CONDITIONS:

1. This Agreement may in the sole opinion of Westnet exclude:

a. Service made necessary by accident, misuse, abuse, neglect, water damage or improper maintenance;
b. Replacement of missing parts, retrofits or upgrades. c. Installation, repair or replacement of other systems of which the Equipment may be a part;
d. Services made necessary by any external cause, including fire, theft, acts of God, alteration, problems arising from software or hardware not supplied by Westnet, power failures, surges or shortages, lightning, damage caused by or repairs by persons other than those authorized by Westnet to service the Product; e. Service on Equipment purchased and/or used outside of the fifty (50) United States and the District of Columbia;
f. Service on Westnet products not specifically named in this AGREEMENT. g. Service on third party products or service made necessary by use of incompatible or improperly operating third party products;
h. Service of Equipment upon which the Westnet or First-In label or logo, rating label or serial number has been defaced or removed;
i. Modifications to the Equipment not approved in writing by Westnet. j. Should Westnet elect to provide replacement parts, a hardware or software upgrade, retrofit, or any other service excluded under this AGREEMENT , such an occurrence shall be considered a one-time event that is not within scope of this AGREEMENT and in no way is Westnet obligated to continue to provide, support or warranty that service.

2. If Customer or any Customer representative, employee or subcontractor authorizes Westnet to perform any services excluded under this AGREEMENT , Customer agrees to pay standard repair fees and travel expenses for such work.

3. If a reported problem involves a technical support call or on-site visit and the problem is associated with system(s) connected to or interfering with the alerting system (i.e. radio, network, CAD, public address), Westnet may charge the Customer for labor costs and travel expenses after three (3) technical support calls or two (2) on-site calls if Westnet deems that the problem does not reside with the alerting system. Westnet will not invoice the Customer for an amount that is greater than the published labor rate for that year.

4. Westnet may service Customer-replaceable parts, by way of new or remanufactured replacement parts to Customer on an exchange basis. Upon receipt by the Customer of the Packet Page 29 of 202Attachment 2 Page 8 of 20

Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 9 of 20 replacement part, the original part becomes the property of Westnet, and shall be returned by Customer to Westnet or a Westnet representative. Customer shall pay Westnet the full retail value of the replacement part if Westnet does not receive the original part within ten (10) days after Customer’s receipt of the replacement part.

5. Any Westnet-owned spares provided under this AGREEMENT are the property of Westnet. Any damage to a Westnet spare is not covered under this AGREEMENT and Customer shall pay for the repair or replacement of the spare.

6. LIMITATION OF LIABILITY.
a. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY OF WESTNET AND WESTNET’S SUBCONTRACTORS FOR DAMAGES

RELATING TO THE SERVICES RENDERED UNDER THIS AGREEMENT SHALL BE

LIMITED TO THE TOTAL MONIES PAID BY THE CUSTOMER FOR THE AGREEMENT. THIS LIMITATION SHALL APPL Y REGARDLESS OF THE FORM OF LEGAL ACTION.
b. REPAIR, REPLACEMENT, OR REFUND OF THE MAINTENANCE AGREEMENT PRICE, ARE THE CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF THIS AGREEMENT. WESTNET DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR

IMPLIED, REGARDING THE SERVICES, INCLUDING THE IMPLIED WARRANTY OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE NON-INFRINGEMENT OF THIRD INTELLECTUAL PROPERTY RIGHTS. SOME STATE LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. ANY

IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE TERM OF THIS AGREEMENT.
c. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WESTNET OR WESTNET’S

SUBCONTRACTORS SHALL NOT BE LIABLE TO CUSTOMER FOR INDIRECT,

SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE

SERVICES PROVIDED UNDER THIS AGREEMENT, DELAY IN FURNISHING

SERVICES, O R FAILURE TO FURNISH SERVICES, INCLUDING WITHOUT

LIMITATION, LOSS OF DATA OR SOFTWARE, LOSS OF USE OR LOST PROFITS,

WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF WESTNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO

NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR

CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE CUSTOMER. THIS AGREEMENT GIVES THE CUSTOMER

SPECIFIC LEGAL RIGHTS, AND THE CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 10 of 20

ATTACHMENT B

MAINTENANCE AND SUPPORT

STATEMENT OF WORK

1. SCOPE OF SERVICES

Westnet will provide comprehensive turn-key maintenance and support services ensuring all components are operating at peak performance in accordance with factory specifications in effect at the time the equipment was purchased. The Services to be provided under this agreement include the following:
• One year, 24/7 toll-free Technical Support for all equipment and software • One (1 ) annual maintenance visit
• One (1) annual ZIRD update to be scheduled concurrently with the annual site visit, provided Customer gives Westnet sufficient notice of the same prior to mobilization for the annual maintenance visit. If not, Westnet will provide remote support for the same.
• Repair and/or replacement of damaged units (except UPS) • Spare equipment delivered the next business day (and Saturday’s where available) • Remote diagnostic analysis and uploads, software upgrades

2. RESPONSE TIMES
Response times shall be determined in accordance with the Priority Level and Descriptions set forth in the following table.

The response time shall commence from the time the Customer requests service or notifies Westnet of problems with the System by contacting Westnet’s Call Center (“Notification”). Issue resolution may include phone support, VPN remote access, or on-site service (for issues not resolved via phone support or remote access).

Westnet Technical Support: (800) 807-1700
Office Hours: 8:00 – 5:00 PST, Monday – Friday
Priority
Levels Hours / Days Description
1 24/7/365
Including
Holidays

3-6 Hour
Response
This priority level represents a significant issue that results in the inability to use the dispatching and/or alerting systems.

• Any reported trouble with Westnet-supplied Dispatch System. • Station reports that it is not receiving any form of an alert or there is no audio in a fire station.
• Other failures that render the fire station MCU and more than five audio transmitting devices unusable.
2 8:00 – 5:00 PST, Monday –
Friday

2-Business-Day
Response
This priority level represents a moderate issue that restricts normal use of the dispatching and/or alerting systems.

• Any non-essential Dispatch Project or Fire Station device reported inoperable. • Reports of receiving other stations’ or companies’ alerts. • Requests to increase fire station volume levels within fire department-approved parameters.

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 11 of 20 3 8:00 – 5:00 PST, Monday –
Friday

3-Business-Day
Response
This priority level represents minor or non-emergency issues that do not restrict normal use of the dispatching and/or station alerting systems.

• Requests to decrease volume levels within fire department-approved parameters
• Add additional equipment, request programming, or voice-chip changes. • Requests for additional training.
• Other non mission-critical matters in the dispatch centers or fire stations

3. WESTNET’S RESPONSIBILITIES

Westnet shall:

A. Provide Westnet-owned spare equipment while a System component is returned to Westnet for repair or replacement.

1. Any Westnet-owned spare equipment parts provided under this Agreement are the property of Westnet. Any damage to Westnet’s spare equipment parts is not covered under this Scope of Services and the Customer shall pay for the repair or replacement of the spare equipment parts.

2. Westnet may service replaceable parts, by way of new or remanufactured replacement parts to Customer on an exchange basis. Upon receipt by the Customer of the replacement part, the original part becomes the property of Westnet, and shall be returned by Customer to Westnet. The Customer shall pay Westnet the full retail value of the replacement part if Westnet provides notice to the COTR to return the original part and Westnet does not receive the original part within thirty (30) days after replacement part installation.

B. Upon request, Westnet shall provide a written quote for additional work not specifically identified in this Agreement.

Such work could include, but is not limited to, additions and installation of new equipment, relocation of existing equipment, upgrades (not part of Westnet standard releases) and enhancements, and other system related goods and services. If the Customer decides to proceed with the work, a new purchase order will be issued exclusively for the work to be ordered.

4. CUSTOMER’S RESPONSIBILITIES

The Customer shall at all times or upon request:

A. Make no modifications to the System without obtaining approval from Westnet in writing.

B. SERVICE CALLS: The Customer will notify Westnet of any problems with the System by calling the Westnet Systems Group at 1-800-807-1700 (Westnet’s call center).

C. Provide and maintain an operating 24/7 VPN for the duration of the Agreement. The VPN shall allow Westnet to connect to all fire stations that are equipped with the First-In Fire Station Alerting (First-In) equipment. The VPN must be operating and the Customer must allow Westnet to test the VPN prior to the commencement of this Agreement.

D. Ensure that the Westnet monitor computer in the Dispatch Center (if provided) has 24/7 access to the VPN and to all Customer fire stations. The Customer will return the Westnet monitor computer to Westnet at the conclusion of this Agreement and any additional extensions.

E. Provide the make and model number of the fire station radio the System is connected to for the source of dispatch audio. If there are any connections to this radio other than the outside antenna and the power source, the Customer will provide a diagram showing the method of connection, connector pins used, signals obtained from the radio and signals sent to the radio by the fire station equipment.

F. Provide the name, 24-hour telephone number and position of responsible party that can be contacted about each station’s radio communication, public address, CAD, and network equipment.

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 12 of 20

G. Provide Westnet with either code-access to the stations or an escort that is available 24/7 and within one (1) hour's of notice of an on-site visit.

H. If applicable, provide the make and model number of fire station amplifier, type of connectors used by fire alerting input, input impedance and the necessary audio level to drive station amplifier.

I. Provide a description of station control circuits (e.g., lighting, door openers, gas shut-off) and the number of circuits to be controlled by the Control Remote.

J. Ensure that the Master Control Unit (MCU) at each station is at all times plugged into the Westnet supplied properly operating on-line fulltime UPS. Westnet will exclude from this Agreement the repair of any equipment not properly connected to the UPS.

K. Ensure that the Master Control Unit (MCU) at each station is at all times plugged into the First-In Radio Isolation Unit. Westnet will exclude from this Agreement the repair of any equipment not properly connected to the Radio Isolation Unit.

L. Ensure that the radio antenna and lightning arrestor is installed, is installed per current engineering standards and that all lightning protection equipment is connected to a 5-ohm or less earth ground by a #6 or larger cable not exceeding eight (8) feet in length between the 5-ohm or less earth ground and the protected equipment.

M. Notify Westnet prior to making any change in any equipment connected to the fire station System.

N. Provide Westnet with assistance upon request for swapping out SD cards or making other physical changes as may be requested from time to time in order to repair, upgrade, or modify the System under Westnet’s supervision.

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 13 of 20

ATTACHMENT C

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 14 of 20

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 15 of 20

ATTACHMENT D

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 16 of 20

ATTACHMENT “E”

GENERAL PROVISIONS

1) INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Westnet, LLC. (“CONTRACTOR”) shall be an independent Contractor and shall not be an employee of the City of Fairfield (“CITY”). CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement.
2) LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that CONTRACTOR has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONTRACTOR to practice CONTRACTOR's profession.

CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONTRACTOR to perform the services pursuant to this Agreement.
3) TIM E. CONTRACTOR shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement. CONTRACTOR shall perform the services in accordance with the schedule set forth in Attachment B.
4) CONTRACTOR NOT AN AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement, to bind C ITY to any obligation whatsoever. 5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6) PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7) STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the industry in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. . 8) R eserved.

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 17 of 20 9) 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.
10) 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.
11) CONTRACTOR NOT A PUBLIC OFFICIAL. CONTRACTOR is not a "public official" for purposes of Government Code §§ 87200 et seq. CONTRACTOR conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONTRACTOR possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.
12) LABOR AND WAGE CODE GUIDELINES. Attention is directed to Section 1777.5 of the Labor Code as it applies to Apprenticeship Standards.

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

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

Attention is directed to the Federal Minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Departm ent of Industrial relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rates. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by Packet Page 38 of 202Attachment 2 Page 17 of 20

Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 18 of 20 the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rates, which most closely approximates the duties of the employees in question.

ATTACHMENT “F”

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 19 of 20

INSURANCE REQUIREMENTS

Westnet, LLC (“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.

Cyber Liability Insurance in the minimum amount of $2,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.

3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF -INSURED RETENTIONS. Any deductibles or self -insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
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; X

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Fairfield Fire Department Annual Maintenance Agreement 2024 -2029 Page 20 of 20 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 Attachment F . 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 Attachment F . Failure of CONSULTANT to verify existence of sub-contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

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Agenda Item No: 7.

AGENDA REPORT
DATE:March 5, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202448 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Improvement Agreement with Rancho Tolenas Corp. for the Phase 3 Master Infrastructure Clay Bank Road Improvements RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Rancho Tolenas Corp. (Developer) intends to satisfy construction obligations as part of the Development Agreement (DA) between the City and the Developer. As part of the DA, the Developer is required to furnish the necessary bonds and documents, and enter into an Improvement Agreement (Agreement) with the City for any public improvements. The recommended action authorizes execution of the Agreement for the Phase 3 Master Infrastructure Clay Bank Road Improvements.

DISCUSSION
As part of the DA executed between the Developer and the City, the Developer is required to provide widening improvements to Clay Bank Road, from Manuel Campos Parkway to Cement Hill Road (existing). Widening improvements include adding two northbound lanes on Clay Bank Road, modification of the median, median landscaping, and turn pockets, and resurfacing of the existing southbound lanes. The Developer’s obligations also include the installation of traffic signals at Manuel Campos Parkway, Gulf Drive, and Merriment Place cross streets. The Agreement authorizes the construction of improvements within the public rightofway.

During the design process, the Developer requested to split the original plan set, which included improvements along Manuel Campos Parkway and Clay Bank Road, to only include improvements along Clay Bank Road. The City has agreed to this, with the condition that the Developer will be required to order the remaining signal poles for the Villages at Fairfield development. This condition has been implemented into the Agreement.

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

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Agenda Item No: 7.AGENDA REPORTDATE:March 5, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202448 of the City Council of the City of Fairfield Authorizing the CityManager to Execute an Improvement Agreement with Rancho Tolenas Corp. for thePhase 3 Master Infrastructure Clay Bank Road ImprovementsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUERancho Tolenas Corp. (Developer) intends to satisfy construction obligations as part of theDevelopment Agreement (DA) between the City and the Developer. As part of the DA, the Developer isrequired to furnish the necessary bonds and documents, and enter into an Improvement Agreement(Agreement) with the City for any public improvements. The recommended action authorizes executionof the Agreement for the Phase 3 Master Infrastructure Clay Bank Road Improvements.DISCUSSIONAs part of the DA executed between the Developer and the City, the Developer is required to providewidening improvements to Clay Bank Road, from Manuel Campos Parkway to Cement Hill Road(existing). Widening improvements include adding two northbound lanes on Clay Bank Road,modification of the median, median landscaping, and turn pockets, and resurfacing of the existingsouthbound lanes. The Developer’s obligations also include the installation of traffic signals at ManuelCampos Parkway, Gulf Drive, and Merriment Place cross streets. The Agreement authorizes theconstruction of improvements within the public rightofway.During the design process, the Developer requested to split the original plan set, which includedimprovements along Manuel Campos Parkway and Clay Bank Road, to only include improvementsalong Clay Bank Road. The City has agreed to this, with the condition that the Developer will berequired to order the remaining signal poles for the Villages at Fairfield development. This conditionhas been implemented into the Agreement.

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

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

Acceptance of the public improvements by City Council will obligate the City to maintain the public improvements. The public improvements include the streets, sidewalks, streetlights, traffic signals, storm drainage, and landscaping. Annual maintenance costs for the public improvements will come from the General Fund and Gas Tax.

Adequate funding is available in the various funds to cover these future maintenance costs. Landscape improvements will be maintained by Lighting and Landscape Maintenance District No. 14 Woodlake.

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

STAFF CONTACT
Caroline Vedder, Senior Civil Engineer
(707) 4287484
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

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

Reviewer Action Date
Panganiban, Ryan Approved 2/20/2024 9:41 PM
Kaushal, Paul Approved 2/20/2024 10:27 PM
Dombrowski, Delaney Approved 2/21/2024 11:43 AM
Dombrowski, Delaney Approved 2/21/2024 11:43 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-48

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT WITH RANCHO TOLENAS CORP. FOR THE PHASE 3 MASTER INFRASTRUCTURE CLAY BANK ROAD IMPROVEMENTS

WHEREAS, Rancho Tolenas Corp. (Developer) has requested that the City Council authorize execution of the Improvement Agreement to provide roadway widening improvements to Clay Bank Road between Manuel Campos Parkway and Cement Hill Road (existing), as required by their development agreement; and

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

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

Section 1. The city manager is authorized and directed to execute the Improvement Agreement between the City and the Developer on behalf of the City of Fairfield.

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

PASSED AND ADOPTED this 5th day of March 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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CITY OF FAIRFIELD

IMPROVEMENT AGREEMENT
VILLAGES AT FAIRFIELD - PHASE 3 MASTER INFRASTRUCTURE

CLAY BANK ROAD
Rancho Tolenas Corp.

THIS IMPROVEMENT AGREEMENT ("Agreement"), for purposes of identification dated ______ , 2024 is made and entered into by and between the CITY OF FAIRFIELD, a municipal corporation, hereinafter referred to as "City," and RANCHO TOLENAS CORP., a California Corporation, hereinafter referred to as "RTC." RECITALS:

A. RTC has presented to City a Development Plan of land for the Villages at Fairfield (the "Development") located within the corporate limits of City, the plan having been prepared in accordance with the requirements of the City Engineer.

B. This Agreement concerns improvements commonly referred to as the Phase 3 Master Infrastructure Clay Bank Road (the "Required Improvements"), all of which are incorporated into the plans and specifications of the Development.

C. In accordance with the First Amendment to the Second Amended and Restated Development Agreement between the City and RTC, dated February 20, 2019 ("DA"), the parties agreed to enter into Improvement Agreements for the public improvements to be constructed at the Development.

D. This Agreement concerns improvement commonly referred to as "Phase 3 . Master Infrastructure Clay Bank Road" as shown on those certain plans of Wood Rogers, dated July 2023 ("Required Improvements"), as accepted for construction by the City Engineer, all of which are incorporated into the plans and specifications of the Development. The required improvements include but are not limited to: Clay Bank Road South from Manuel Campos Parkway to Cement Hill Road (existing), Item 2B from Exhibit Hof the DA. -1-
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A G R E E M E N T S:

The parties hereto agree as follows:

1. The General Contractor: City acknowledges and agrees that RTC is not a licensed contractor but that RTC will be contracting with a licensed general contractor (the "General Contractor") who will furnish, construct and install the Required Improvements pursuant to this Agreement. The contract between [insert short form name] and General Contractor for completion of the Required Improvements is referred to herein as the Construction Contract.

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

3. Work; Satisfaction of the City Engineer: All of the work on the Required Improvements is to be done at the places, with the materials, and in the manner and at the grades, all as shown upon the approved plans and specifications and the City's Standard Specifications and Details as authorized via Fairfield City Council Resolution 2014-93, and to the satisfaction of the City Engineer. Except as provided in the Development Agreement, no building permits or occupancy will be allowed for any building which fronts on improvements required by this Agreement until those improvements are constructed and approved by the City Engineer and the following conditions are satisfied:
(a) The water system shall be constructed, tested
(bacteriologically and pressure) and any fire hydrants brought to grade.
(b) All curb and gutter shall be constructed.
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4. Work; Time for Commencement and Performance: City fixes the time for the commencement of the work to be done on the day following approval of this Agreement, and for its completion to be within twelve (12) months thereafter. A pre-construction meeting, to be held prior to start of construction, is required and shall notify the City Engineer in writing.

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

Request for Extension; Granting: Requests for extension of 6. commencement and completion date shall be in writing, and shall be delivered to City in the manner hereinafter specified for services of notices.

Extensions, if granted, shall be in writing; an oral extension shall not be valid for any purpose whatsoever.

7. Extension; No Release of Obligations: In the event it is deemed necessary by the City to extend the time of commencement or completion of the work to be done under this Agreement beyond the dates specified herein, such extension as shall be granted shall in no way release any guarantee given by RTC pursuant to this Agreement, or to relieve or release those providing improvement security pursuant to this Agreement. The sureties in executing the bonds shall be deemed to have expressly agreed to any such extension of time.

8. Extension; Conditions: The granting of any extension may be conditioned upon RTC providing City with new or amended surety bonds in amounts increased to reflect increases in the costs of constructing the Required -3-
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Improvements that have occurred prior to the granting of the extension or are likely to occur prior to the completion of work.

9. Improvement Security: Concurrently with the execution hereof, [insert short form name] shall furnish City:
(a) Improvement security in the sum of $2,998,895, which sum is equal to one hundred ten percent (110%) of the estimated cost of constructing the Required Improvements, rounded up, and the cost of any other obligation to be performed by [insert short form name] hereunder, securing the faithful
performance of this Agreement.
(b) Separate improvement security in the sum of $1,499,448, which sum is equal to fifty-five percent (55%) of the estimated cost of constructing the Required Improvements, securing payment to the General Contractor, its subcontractors, and to persons furnishing labor, materials, or equipment to them for the construction of the Required Improvements.

The form of the improvement security shall be subject to the approval of the City Attorney. Improvement security shall be reduced or released by City only in the manner provided by the Ordinances of the City. No change, alteration, or addition to the terms of this Agreement or the plans and specifications accompanying the same shall in any manner affect the obligation of those providing improvement security pursuant to this Agreement.

10. Engineering and Inspection Fee: RTC shall:
(a) Pay to the City an engineering plan check fee of 1.35% of the total cost of the Required Improvements, as estimated by the City Engineer, less the initial plan check fee of one percent (1 %) of the total cost paid upon submittal of improvement plans, rounded to the nearest whole number. The total
amount of this fee still due is:
(1.35% X $2,726,268) - $35,267 = $1,538.00.
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(b) Pay to the City an engineering and inspection fee of five and a half percent (5.5%) of the total cost of the Required Improvements, rounded to the nearest whole number, as
estimated by the City Engineer, being:

5.5% X $2,726,268 = $149,945.

Fee includes only items of work to be inspected by the City. It is understood that such fee covers only those inspections and engineering work performed by the City during the normal working hours of the City.
(c) Deposit sixty-four dollars ($64.00) for each street sign to be installed in accordance with the attached plans, being $64.00 x NIA= $NIA.
(d) Pay to the City forty-nine dollars ($49.00) for each stop sign to be installed in accordance with attached plans, being $49.00 x NIA= $NIA.
(e) Deposit twenty-two dollars ($22.00) for each end-of-street barricade sign to be installed in accordance with the attached plans, being $22.00 x NIA= $NIA.

11. Hold Harmless Agreement: RTC will indemnify, hold harmless and assume defense of, in any actions of law or in equity, the City of Fairfield, its officers, employees, agents, and elective and appointive boards from all claims, losses, damage, including property damage, personal injury, including death, and liability of every kind, nature and description, directly or indirectly arising from the operations of RTC, General Contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for RTC, General Contractor or any subcontractor, but not including the sole or active negligence or willful misconduct of the City of Fairfield. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of the work as well as during the work's progress.
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Acceptance of insurance certificates required under this Agreement does not relieve RTC from liability under this indemnity and hold harmless clause.

This indemnity and hold harmless clause shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of RTC's, its General Contractor's or any subcontractor's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

12. Contractor's Insurance: RTC shall not commence work under this Agreement or permit its General Contractor or any subcontractor to commence work thereunder until [insert short form name] shall have obtained or caused to be obtained all insurance required under this paragraph and such insurance shall have been approved by the City Engineer of City as to form, amount, and carrier. The insurance shall be maintained in force and effect until the completion of work under this Agreement and the acceptance thereof by City. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements, and shall specifically bind the insurance carrier. (a) WORKER'S COMPENSATION INSURANCE: RTC shall
obtain and maintain (or cause to be obtained and maintained) workers' compensation insurance for all RTC and General Contractor employees employed at the site of improvement.

Proof of a qualified self-insurance program is acceptable.

RTC shall require any sub-contractor similarly to provide workers' compensation insurance for all of the subcontractor's employees, unless such employees are covered by the
protection afforded by RTC or the General Contractor. In case any class of employees engaged in work under this
Agreement at the site of the project is not protected under any workers' compensation law, RTC shall provide, and shall cause General Contractor and each subcontractor to provide, -6-
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adequate insurance for the pro tection of em ployees not otherw ise pro tected. [insert short form nam e] hereby agrees to indem nify City fo r any dam age resulting to it fro m failure of General Contractor or any subcontractors to take out or m aintain such insurance. RTC shall provide the City Engineer with a certificate of insurance indicating workers'
com pensation coverage prior to engaging in any activity required by this Agreement.
(b) LI A BILI TY INSU R ANC E: RTC , at its sole expense, shall obtain and maintain (or cause to be obtained and maintained) an insurance policy or policies, issued by an insurer or insurers as defined by the Californ ia Insurance Code with an A M . Best rating of B+/XII or A-N II or better, providing the City, its officers, em ployees, and agents, named as additional insureds under the policy, bro ad fo rm pro perty damage, personal injury, autom obile, em ployers', and comprehensive fo rm liability insurance in the amount of not less than $3 million per occurrence. By the term s of the insurance policy or policies, such insurance shall be deem ed primary
insurance, and no other insurance effected by the City or other nam ed insureds w ill be called upon to cover a loss covered thereunder.

In the event that any of the insurance policies pro vided for in this Section 12 insures any entity, persons, boards, or comm issions other than those m entioned in this paragraph, such policy shall contain a standard form of cro ss-liability endorsem ent, insuring on such policy City, its elective and appointive boards, com m issions, officers, agents, and em ployees, RTC, G eneral Contractor and any subcontractor performing work covered by this Agreem ent. All stated minim um levels of insurance may be met by a com bination of prim ary, excess, and um brella insurance, including any -7-
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fronting or captive insurance, provided lndemnitee is endorsed as an additional insured with regard to all such excess coverage.

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

13. Evidence of Insurance: RTC shall furnish the City Engineer prior to commencement of any work hereunder, with satisfactory evidence of the insurance required, and evidence that each carrier is required to give City at least thirty days prior notice of the cancellation or reduction in coverage of any policy during the effective period of this Agreement.

14. Title to Improvements: Title to and ownership of all improvements constructed hereunder shall vest absolutely in City upon completion and acceptance of such improvements by City.

15. Repair or Reconstruction of Defective Work: If, within a period of one year after final acceptance of the work performed under this Agreement, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by RTC, or any of the work done under this Agreement fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, RTC shall without delay and without any cost to City, repair or replace or reconstruct, or cause to be repaired or replaced or reconstructed, any defective or otherwise unsatisfactory part or parts of the work or structure. Should RTC fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before [insert short -8-
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form name] can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and RTC shall pay to City the actual cost of such repairs plus fifteen percent ( 15%) within thirty (30) days of the date of billing for such work by City.

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

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

18. Breach of Agreement; Performance by Surety or City: In the event of any such notice, RTC's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within fifteen (15) days after notice to City of such election, City may take over the work and prosecute the same to completion by contract, or by any other method City may deem advisable, for the account and at the expense of RTC, and RTC's surety shall be liable to City for any excess cost of damages occasioned City thereby; and in such event, City, without liability for so doing, may take possession of and utilize in completing the work, -9-
Packet Page 53 of 202Attachment 2 Page 9 of 15

such m aterials, appliances, plant and other pro perty belonging to RTC or its G eneral Contractor as m ay be on the site of the work and necessary therefo r. RTC shall cause the Construction Contract to include a pro vision im plem enting the rights of City pursuant to this Section 18.

19. Notices: All notices herein required shall be in w riting, and delivered in person or sent by registered m ail, postage prepaid.

Notices required to be given to City shall be addressed as fo llow s:

Fairfield City Hall, Attn: City Engineer
1000 W ebster Street
Fairfield CA 94533
Notices required to be given to RTC shall be addressed as fo llow s:

Rancho Tolenas Corp., Attn: Douglas V. M ull
9216 Keifer Blvd. Suite #4
Sacram ento CA 95826
(T o be com pleted by RT C )
Notices required to be given surety of [insert short fo rm nam e] shall be addressed as fo llow s:

Rancho Tolenas Corp., Attn: Douglas V. M ull
9216 Keifer Blvd. Suite #4
Sacram ento CA 95826
(To be com pleted by Surety)
Any party or the sure ty m ay change such address by notice in w riting to the other part y and thereafter notices shall be addressed and transm itted to the new address.

20. O versizing: Public im pro vem ent oversizing and/or reim bursem ent as defined in City Code Chapter 6B, Chapter 10, Articl e IV , Sections 10.56 through 10.65; and Chapter 25, Article 111, Section 25.166.79 through

25.166.81 is not applicable.
-10-
Packet Page 54 of 202Attachment 2 Page 10 of 15

21. Additional Terms and Conditions: This Agreement is subject to the following additional terms and conditions (except as specifically provided otherwise):
a) Approval of this Improvement Agreement shall not obligate the City to subsequently accept improvements which strictly conform to the plans referenced by this Agreement. All costs associated with modifications resulting from subsequent improvement plan changes required by the City shall be borne by RTC.

Request to split plans for Villages at Fairfield - Village 1- b) c)
d)
P hase 3 M aster Infr astructure: The City approves the request to split plans into two separate and independent projects per the response letter from the City dated February 22, 2022. Whichever project moves forward first with an Improvem ent Agreement will have a condition placed on the project to be required to order the remaining signal poles for the Villages at Fairfield development.

Perf orm an ce Bond : RTC subm itted a performance bond prior to the completion of the required improvement design in good faith that progress was being made. The Performance Bond dated February 20, 2019, in the amount of $1,949,108, will either need a rider, in the amount of $1,049,787, to make the total am ount required by the final cost estim ate or to reissue a new bond in the total amount of $2,998,895.

Payment Bond: RTC submitted a payment bond prior to the completion of the required improvement design in good faith that progress was being made. The Payment Bond dated
February 20, 2019, in the amount of $974,554, will either need a rider, in the amount of $524,894, to make the total amount required by the final cost estim ate or to reissue a new bond in the total amount of $1,4 99,448.
-11-
Packet Page 55 of 202Attachment 2 Page 11 of 15

22. Prohibited Interest: No employee of the City shall have any direct financial interest in this Agreement. This Agreement shall be voidable at the opinion of the City if this provision is violated.

23. Local Employment Policy: The City of Fairfield desires, wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.

The City encourages an active affirmative action program on the part of its contractors, consultants, and RTCs.

When local projects require, subcontractors, contractors, consultants, and RTCs will solicit proposals from qualified local firms where possible.

24. Qualified Bids: Both the City and RTC acknowledge and agree that the contractor chosen as the General Contractor will satisfy the City's bidding requirements for the improvements to be constructed under this Agreement. -12-
Packet Page 56 of 202Attachment 2 Page 12 of 15

IN W ITNESS W HER EO F, the parties hereto have executed this Improvem ent Agreem ent on the date set fo rth opposite their respective signatures.

Dated: ----------
ATT EST:

By: _
City Clerk
City of Fairfield,
a municipal corporation
By: _
City Manager
Rancho Tolenas Corp., ::al~o«l.c1;\_
Name: Eric M . Anderson
Title: A uthorized A gent
-13-
Packet Page 57 of 202Attachment 2 Page 13 of 15

C IT Y O F F A IR F IE L D

IM P R O V E M E N T A G R E E M E N T C H E C K LI S T P R O J E C T N A M E : V illa g e s a t F a irf ie ld - P h a s e 3 M a ste r In fr a s truc tu re C la y B a n k R o a d O W N E R: R a n c h o T o le n a s C o rp .

A D D R E S S : 9 2 16 K ie fe r B lv d ., S a c ra m e n to , C A 9 5 8 2 6 C O U N C IL M E E T IN G D E S IR E D : F e b ru a ry 6 1 2024 SUBMISSION DEADLINE: noon January 9, 2024

DESCRIPTION QUANTITY UNIT COST AMOUNT RECD BY DATE
Plan Check Fee (less initial PC) 1.35% $2,726,268 $1,538 Engineering/Inspection Fee 5.5% $2,726,268 $149,945
Final Map Mylar Fee $15 $0
TOTAL: $151,482
Engineer's Estimate $2,726,268
Faithful Performance Bond 110% $2,998,895
Labor and Materials Bond 55% $1,499,448
Insurance Certificate $3 Million
Signed Agreement
Construction Plans
Distribution:

City Manager
City Engineer
RTC
Packet Page 58 of 202Attachment 2 Page 14 of 15

A tt a c h m e n t 1
Packet Page 59 of 202Attachment 2 Page 15 of 15

Agenda Item No: 8.

AGENDA REPORT
DATE:March 5, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202449 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Taco Bell) to Community Facilities District (CFD) No. 20122 and Authorizing the Levy of Special Taxes Therein for Annexation No. 67 RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the attached resolution will begin the proceedings for the annexation of certain property, known as Taco Bell, to Community Facilities District 20122 (CFD 20122 or District). CFD 20122 was established as an annexable district to provide funding to offset the increased cost for public safety services, open space operation, and park maintenance created by new development.

DISCUSSION
By Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos community facilities district, with the intention that future development within the City of Fairfield would annex to this District. The special taxes collected from the property owners within the District are used to fund public safety services, open space operation, and park maintenance.

The property proposed for annexation is owned by QCI Norcal LLC (Developer) and is located west of Walters Road and north of E Tabor Avenue within the boundary of assessor’s parcel number (APN) 0170210080, as depicted on Exhibit A. The development on the property will be a quick service restaurant (Taco Bell). Development of this property will change the property’s characteristics and manner in which the property will be used, thereby creating a need for more services funded by CFD 20122.

The City contracts with Willdan Financial Services for the preparation of the necessary resolutions and balloting procedures for the annexation process. This process is a specialty service that the City has contracted out since 1995. This service is on an individual consultant basis for each development requiring annexation into a MelloRoos community facilities district.

Packet Page 60 of 202

Agenda Item No: 8.AGENDA REPORTDATE:March 5, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202449 of the City Council of the City of Fairfield Declaring Its Intention toAnnex Territory (Taco Bell) to Community Facilities District (CFD) No. 20122 andAuthorizing the Levy of Special Taxes Therein for Annexation No. 67RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of the attached resolution will begin the proceedings for the annexation of certain property,known as Taco Bell, to Community Facilities District 20122 (CFD 20122 or District). CFD 20122 wasestablished as an annexable district to provide funding to offset the increased cost for public safetyservices, open space operation, and park maintenance created by new development.DISCUSSIONBy Resolution No. 2012233, the City Council established CFD 20122, a MelloRoos communityfacilities district, with the intention that future development within the City of Fairfield would annex to thisDistrict. The special taxes collected from the property owners within the District are used to fund publicsafety services, open space operation, and park maintenance.The property proposed for annexation is owned by QCI Norcal LLC (Developer) and is located west ofWalters Road and north of E Tabor Avenue within the boundary of assessor’s parcel number (APN)0170210080, as depicted on Exhibit A. The development on the property will be a quick servicerestaurant (Taco Bell). Development of this property will change the property’s characteristics andmanner in which the property will be used, thereby creating a need for more services funded by CFD20122.The City contracts with Willdan Financial Services for the preparation of the necessary resolutions andballoting procedures for the annexation process. This process is a specialty service that the City hascontracted out since 1995. This service is on an individual consultant basis for each development requiring annexation into a MelloRoos community facilities district.

Adoption of the resolution is the first step to annex this property to CFD 20122. This will be the 67th annexation to the District. The resolution also establishes April 16, 2024, as the public hearing date for the final consideration of the annexation of the property to CFD 20122. Once the annexation is complete, the property owners will be required to pay annual special taxes for the property beginning in fiscal year (FY) 20242025, as itemized on their property tax bill in accordance with the rate set forth in the CFD 20122 Rate and Method of Apportionment of Special Tax.

The CFD 20122 Rate and Method of Apportionment was established as part of the formation of the District and fixed FY 20122013 as the base year for the annual special tax rate as shown in Exhibit B.

Since the formation, assessments have increased based on a cost inflator allowed in the original formation documents. Exhibit C shows the current special tax rate for the District FY 20232024.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 20122 Fund 332) for this annexation is estimated to be $771.94, which is based on the FY 20242025 maximum special tax rate for commercial property. The CFD 20122 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The process for the annexation is funded by the Developer, and there is no impact to the general fund.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions concerning the required annexation of this development, this item may be rescheduled until the next council meeting to allow staff to provide the necessary background information. However, if the annexation is not approved, the conditions of approval for this development would not be fulfilled and the development process would cease.

STAFF CONTACT
Valerie Standfill, Management Analyst
(707) 4287055
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Exhibit A Boundary Map
Attachment 3: Exhibit B Rate and Method of Apportionment of Special Tax Attachment 4: Exhibit C Maximum Special Tax Rate
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 2/20/2024 9:42 PM
Kaushal, Paul Approved 2/20/2024 10:27 PM
Dombrowski, Delaney Approved 2/21/2024 11:44 AM
Dombrowski, Delaney Approved 2/21/2024 11:44 AM
Packet Page 61 of 202

CITY OF FAIRFIELD

RESOLUTION NO. 2024-49

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING ITS INTENTION TO ANNEX TERRITORY (TACO BELL) TO COMMUNITY FACILITIES DISTRICT (CFD) NO. 2012-2 AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN FOR ANNEXATION NO. 67

WHEREAS, the City Council has conducted proceedings to establish Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation and Park Maintenance) (CFD) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Act), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and

WHEREAS, under the Act, the council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to the CFD.

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

Section 1. The council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

Section 2. The name of the existing CFD is “Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation and Park Maintenance).”

Section 3. The territory included in the existing CFD is as shown on the map thereof filed in Book 24 of Maps of Assessment and Community Facilities Districts at page 87-100 in the Office of the County Recorder, County of Solano, State of California, to which map reference is hereby made, as well as the maps for Annexations 1 through 40 filed in Book 25 of Maps of Assessment and Community Facilities Districts at Pages 8, 12, 14, 19, 20, 31, 33, 34, 35, 38, 44, 45, 51, 53, 54, 57, 58, 59, 65, 64, 66, 68, 72, 73, 76, 77, 78, 79, 80, 81, 83, 84, 89, 90, 93, 94, 95, 96, 97 and 99 and the maps for Annexations 41 through 65 filed in Book 26 of Maps of Assessment and Community Facilities Districts at Pages 2, 4, 5, 6, 7, 13, 14, 15, 18, 24, 25, 26, 34, 35, 40, 41, 42, 54, 55, 58, 66, 67, 85, and 92 which have been filed with the Solano County Recorder’s Office.

The boundary map for Annexation 67 is currently under the recording process and is still pending Book and Page assignment.

The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 67 to the CFD, on file with the city clerk, a copy of which is attached hereto as Exhibit A and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The city clerk is hereby directed to cause the recordation of said Annexation Map No. 67 to the CFD, showing the territory to be annexed, in the Office of the County Recorder of the Cou nty of Solano within fifteen days of the date of adoption of this resolution.

Packet Page 62 of 202Attachment 1 Page 1 of 3

RES. NO. 2024-49

Page 2 ends

Section 4. The types of public services financed by the CFD and pursuant to the Act consist of those services (Services) described in Exhibit A to Resolution No. 2012-233 adopted by the council on the 20th day of November, 2012, (Resolution of Formation). It is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD. It has been determined that this project will intensify the use of the property, creating a need for more services under this CFD.

Section 5. Except to the extent that funds are otherwise available to the CFD to pay for the Services and/or the principal and interest as it becomes due on bonds of the CFD issued to finance the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, and in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit B, and the maximum special tax rate for fiscal year 2023-2024 is described in Exhibit C. Both Exhibits are hereby incorporated in this reference.

Section 6. Notice is given that on April 16, 2024, at 6:00 p.m., in the regular meeting place of the council at the council chambers, located at 1000 Webster Street, Fairfield, California, the council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein.

Section 7. The city clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form specified in Section 53339.4 of the Act.

Packet Page 63 of 202Attachment 1 Page 2 of 3

RES. NO. 2024-49

Page 3 ends

PASSED AND ADOPTED this 5th day of March 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 64 of 202Attachment 1 Page 3 of 3

East Tabor AveWalters RdANNEXATION MAP NO. 67 (TACO BELL)COMMUNITY FACILITIES DISTRICT NO. 2012-2(PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE)CITY OF FAIRFIELDCOUNTY OF SOLANOSTATE OF CALIFORNIA.SiteVicinity Map§¨¦I-80Walters RdEast Tabor AveSiteFILED IN THE OFFICE OF THE CITY CLERK THIS ___________ DAYOF__________, 20____.I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF ANNEXATION MAP NO. 67 (TACO BELL) OFCOMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETYSERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE),CITY OF FAIRFIELD, COUNTY OF SOLANO, STATE OF CALIFORNIA,WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF FAIRFIELDAT A REGULAR MEETING, THEREOF, HELD ON THE ____________ DAYOF ____________, 20___, BY ITS RESOLUTION NO.___________________._______________________________________CITY CLERKCITY OF FAIRFIELDFILED THIS _________________ DAY OF _________________, 20___,AT THE HOUR OF ____________ 0’CLOCK _________,M. IN BOOK__________ PAGE(S) ___________ OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTRICT AND INSTRUMENT NO._________________ IN THE OFFICE OF THE COUNTY RECORDER INTHE COUNTY OF SOLANO, STATE OF CALIFORNIA.GLENN ZOOK, ASSESSOR/RECORDER_______________________________________BY DEPUTYCOUNTY RECORDERCOUNTY OF SOLANOSTATE OF CALIFORNIAREFERENCE IS MADE TO THAT BOUNDARY OF COMMUNITYFACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPENSPACE OPERATION, AND PARK MAINTENANCE) OF THE CITY OFFAIRFIELD RECORDED WITH THE SOLANO COUNTY RECORDER’SOFFICE ON DECEMBER 28, 2012, IN BOOK 24 OF MAPS OFASSESSMENT AND COMMUNITY FACILITIES DISTRICT ON PAGES 87-100.THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ONTHIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS ASSHOWN ON THE SOLANO COUNTY ASSESSOR’S MAPS FOR THOSEPARCELS LISTED.THE SOLANO COUNTY ASSESSOR’S MAP SHALL GOVERN FOR ALLDETAIL CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTSOR PARCELS.SHEET 1 OF 1LegendAnnexation 67Map Reference Number11MAP REFERENCE NUMBERASSESSOR'S PARCEL NUMBER1 0170-210-080Packet Page 65 of 202Attachment 2 Page 1 of 1

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax of City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (“CFD”) shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2012-13 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre or Acreage” means the land area of an Assessor’s Parcel, expressed in acres, as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the Country Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.

“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended.

“Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the CFD to determine, levy and collect the Special Taxes, including salaries and benefits of City employees whose duties are directly related to administration of the CFD and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the CFD as determined by the City.

“Affordable Residential” or “Affordable Unit(s)” means for each Fiscal Year, any Dwelling Unit(s) located on an Assessor’s Parcel of Developed Property that is available at an affordable housing cost, as defined by Health and Safety Code Section 50052.5, or an affordable rent, as defined in Health and Safety Code Section 50053, to lower income households as defined in Health and Safety Code Section 50079.5. Affordable Units will require annual application to the City for verification of their affordable housing status on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. Any Unit not verified and approved by the City as an Affordable Unit shall be classified as Taxable Property for the Fiscal Year in which the Special Tax is being levied. The City will have the authority to approve and establish policies regarding Affordable Units and their status.

Packet Page 66 of 202Attachment 3 Page 1 of 10

Exhibit B

Page 2 ends

“Annual Escalation Factor” means the annual percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the San Francisco-Oakland-San Jose area as determined by the Bureau of Labor Statistics for the twelve months ending the previous December.

“Assessor's Parcel” means a parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor’s roll.

“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.

“Base Year” means Fiscal Year ending June 30, 2013.

“Building Permit” means a permit issued for new construction of a residential or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy.

“Certificate of Occupancy” means a certificate issued by the City that authorizes the actual occupancy of a Dwelling Unit for habitation by one or more residents or the occupancy of a Non- residential structure.

“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.

“CFD” means City of Fairfield Community Facilities District No. 2012-2 (Public Safety Services, Open Space and Park Maintenance).

“City” means the City of Fairfield.

“City Clerk” means the City Clerk for the City or his or her designee.

“City Engineer” means the City Engineer for the City or his or her designee.

“Commercial Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any non- residential use located in a commercial zoning district as described in Section 25.22 of the Zoning Packet Page 67 of 202Attachment 3 Page 2 of 10

Exhibit B

Page 3 ends

Ordinance and all other property considered commercial as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Council” means the City Council of the City, acting as the legislative body of the CFD.

“County” means the County of Solano, California.

“Density” means for each Assessor’s Parcel of Taxable Property the number of Dwelling Units per Acre determined pursuant to City’s Zoning Ordinance, or applicable Specific Plan, or a project- specific approval, whichever reflects the most accurate number of Dwelling Units planned for the project.

“Developed Property” means an Assessor’s Parcel within the CFD for which a Certificate of Occupancy was issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units, the amount of Commercial or Office building floor area, and/or the amount of Industrial lot area included in each Certificate of Occupancy for that Assessor’s Parcel.

“Dwelling Unit” means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non- residential use only.

“Exempt Property” means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Affordable Units, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Undeveloped Property and (vi) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.

“Final Map” means an Assessor’s Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development map that has been recorded in the Office of the County Recorder.

“Final Subdivision Map” means a subdivision of property creating single family residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 6610 et seq.), or recordation of a condominium plan pursuant to California Civil Code Section 1352, that creates individual lots for which building Packet Page 68 of 202Attachment 3 Page 3 of 10

Exhibit B

Page 4 ends

permits may be issued without further subdivision and is recorded prior to April 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“High Density Residential Housing” means all Assessor’s Parcels of Developed Property for which a building permit has been issued as of April 1st preceding the Fiscal Year in which the Special Tax is being levied for a residential structure consisting of two or more Dwelling Units, including, but not limited to, duplexes, triplexes, townhomes, condominiums, and apartment units intended for multi-family apartment and condominium development of 18 Dwelling Units or greater per Acre.

“Industrial Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any allowable use in an industrial zoning district, as described in Section 25.24 of the Zoning Ordinance, which is not an office or financial institution and all other property considered industrial as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Land Use Class” means any of the classes listed in Table 1.

“Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.

“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section ”C” below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.

“Mixed-Use Property” means an Assessor’s Parcel of Developed Property containing or planned for containing a structure or structures that consists of one or more Dwelling Units, but also has dedicated space for non-residential use.

“Multi-Family Residential” means an Assessor’s Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures consisting of two or more Dwelling Units, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units, intended for development of less than 18 Dwelling Units per Acre, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Non-Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for a non-residential use and which does not contain any Dwelling Units.

Packet Page 69 of 202Attachment 3 Page 4 of 10

Exhibit B

Page 5 ends

“Office Property” means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for an office or financial institution in an industrial zoning district, as described in Section 25.4 of the Zoning Ordinance. Office property includes all office and financial institutions, as described in Table 25- 11 of the Zoning Ordinance and all other property considered office as coded by the County’s assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Open Space” means any lands and interest in lands of a term of not less than five years, including easements, rights-of-way, and other interests, deemed appropriate for the use as public open space in, around, or adjacent to the City of Fairfield.

“Open Space Operation” means the estimated and reasonable costs of operating public open space lands including maintenance of improvements, fire control measures, educational programs and park ranger services. The costs for these activities include but not limited to (i) the costs of contracting for open space operation services, (ii) the salaries and benefits of City staff, including staff, that directly provide open space operation services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

“Open Space Operation Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Open Space Operation applicable to the CFD for such Fiscal Year.

“Park” means a public park owned by the City of Fairfield, as defined in Section 12B.1 of the Municipal Code of the City of Fairfield.

“Park Maintenance” means the estimated and reasonable costs of providing park maintenance, including but not limited to (i) the costs of contracting for park maintenance services, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

“Park Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Park Maintenance applicable to the CFD for such Fiscal Year.

Packet Page 70 of 202Attachment 3 Page 5 of 10

Exhibit B

Page 6 ends

“Property Owner Association Property” means for each Fiscal Year any property within the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association.

“Proportionately” means for Developed Property, the ratio of the actual Special Tax levied per Unit to the Maximum Special Tax per Unit for Developed Property is equal for all Assessor’s Parcels of Developed Property.

“Public Property” means for each Fiscal Year any property within the CFD that is, or is expected to be, used for rights-of-way, parks, public schools or any other public purpose determined by the CFD Administrator or is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. Public Property does not include property for which a public agency is a landowner within the meaning of Section 53317(f) of the Act.

“Public Safety Services” means the estimated and reasonable costs of providing police services, fire protection and suppression services, and paramedic services including but not limited to (i) the costs of contracting for police, fire, and paramedic services, (ii) the salaries and benefits of City staff, if the City directly provides police services, fire protection and suppression services, and/or paramedic services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

“Public Safety Services Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Public Safety Services applicable to the CFD for such Fiscal Year.

“Reserve Fund for Maintenance” means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.

“Single-Family Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family Dwelling Unit, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.

Packet Page 71 of 202Attachment 3 Page 6 of 10

Exhibit B

Page 7 ends

“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement and shall include Special Taxes levied or to be levied under Sections “C” and “D”, below.

“Special Tax Requirement” means that amount required in any Fiscal Year for the CFD to pay for:
(i) the Public Safety Services Requirement; (ii) the Open Space Operation Requirement; (iii) the Park Maintenance Requirement; (iv) reasonable Administrative Expenses; (v) any amounts required to establish or replenish a reserve fund that will not exceed 50% of the Special Tax requirement for that Fiscal Year; (vi) any amounts required to establish or replenish the Reserve Fund for Maintenance to the Reserve Fund for Maintenance Requirement; and (vii) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.

“State” means the State of California.

“Taxable Property” means all Assessor's Parcels within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.

“Undeveloped Property” means, for each Fiscal Year, an Assessor’s Parcel within the CFD for which a Certificate of Occupancy has not been issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Property Owner Association Property or Public Property, including an Assessor’s Parcel that is designated as a remainder parcel by any final documents and/or maps available to the CFD Administrator.

“Zoning Ordinance” means the Zoning Ordinance adopted by the City of Fairfield, as found in Chapter 25 of the Fairfield City Code.

B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year, commencing with Fiscal Year 2012-13, using the definitions above, each Assessor’s Parcel within the CFD shall be classified as Taxable Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2012-2013, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property or Undeveloped Property. Developed Property shall be further classified as Single-Family Residential, Multi-Family Residential, High Density Residential, Mixed-Use Property, Commercial Property, Office Property, or Industrial Property.

Packet Page 72 of 202Attachment 3 Page 7 of 10

Exhibit B

Page 8 ends

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property

TABLE 1

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2012-13 (Base Year)

Land Use Class Description Maximum Special Tax
1 Single-Family Residential $736.77 per Dwelling Unit
2 Multi-Family Residential $503.28 per Dwelling Unit
3 Mixed-Use Property Sum of applicable Land Uses,
Maximum Special Tax Rate
4 High Density Residential $489.68 per Dwelling Unit
5 Commercial $0.21 per gross square foot of
building floor area
6 Office $0.07 per gross square foot of
building floor area
7 Industrial $0.02 per net square foot of lot area

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased in accordance with the Annual Escalation Factor.

2. Exempt Property

No Special Tax shall be levied on Exempt Property as defined in Section A.

For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.1.

Packet Page 73 of 202Attachment 3 Page 8 of 10

Exhibit B

Page 9 ends

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2012-13, and for each subsequent Fiscal Year, the CFD Administrator shall calculate the Special Tax Requirement based on the definitions in Section “A” and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement:

The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax. The applicable Maximum Special Tax shall be based on the Developed Property’s classification as Single- Family Residential, Multi-Family Residential, Mixed-Use Property, High Density Residential, Commercial, Office or Industrial Property.

E. APPEALS

Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of any such written notice, the City Clerk shall forward a copy of such notice to the City Engineer who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons.

F. MANNER OF COLLECTION

Special Taxes levied pursuant to Section “D” above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City Council.

Packet Page 74 of 202Attachment 3 Page 9 of 10

Exhibit B

Page 10 ends

G. TERM OF SPECIAL TAX

Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.

Packet Page 75 of 202Attachment 3 Page 10 of 10

EXHIBIT C

Maximum Special Tax for Developed Property
Community Facilities District No. 2012-2
Fiscal Year 2023-2024

Land Use Class Description Maximum Special Tax
1 Single-Family Residential $1,036.04 per Dwelling Unit 2 Multi-Family Residential $707.71 per Dwelling Unit
3 Mixed-Use Property Sum of applicable Land Uses,
Maximum Special Tax Rate
4 High Density Residential $688.58 per Dwelling Unit
5 Commercial $0.295 per gross square foot of
building floor area
6 Office $0.098 per gross square foot of
building floor area
7 Industrial $0.028 per net square foot of lot
area

On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased in accordance with the Annual Escalation Factor as defined in the Rate and Method of Apportionment.

Exempt Property

No Special Tax shall be levied on Exempt Property as defined in the Rate and Method of Apportionment (RMA).

Packet Page 76 of 202Attachment 4 Page 1 of 1

Agenda Item No: 9.

AGENDA REPORT
DATE:March 5, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202450 of the City Council of the City of Fairfield Authorizing Prequalification of Bidders for Public Works Contracts
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The California Public Contract Code establishes procedures for local agencies wishing to prequalify prospective bidders on public works projects. Additionally, the Department of Industrial Relations has developed guidelines for rating bidders pursuant to Public Contract Code Section 20101. Approval of the attached resolution authorizes the City to utilize prequalification procedures in accordance with the applicable code and guidelines, thereby safeguarding the City’s financial investment in Capital Improvement Projects.

DISCUSSION
The Public Works Department is finalizing the 100% design drawings and specifications for the construction of two new fire stations. These Capital Improvement Projects represent a $22 million dollar investment in public safety buildings. To streamline the contractor procurement process and provide the City with an opportunity to review prospective bidders’ relevant experience, staff is recommending that the City adopt bidder prequalification procedures. Prequalification of bidders also has the potential to reduce the overall construction costs, as contractors with a good track record may have more competitive, responsive bids. Staff intends on ‘piloting’ this new process on these three public safety building projects and return to council in the future should prequalification be utilized on future capital improvement projects.

Prequalification procedures include adopting a uniform system of rating bidders and a process for appeals. Adoption of the resolution authorizes the city manager, or his or her designee, to prequalify bidders on behalf of the City through this process pursuant to the prequalification package. A template of the prequalification package is included as an attachment. The process also allows for the city manager, or his or her designee, to appoint an appeals panel to review an appeal by a prospective bidder that receives a nonprequalified designation. The decision of the appeals panel shall be the Packet Page 77 of 202

Agenda Item No: 9.AGENDA REPORTDATE:March 5, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202450 of the City Council of the City of Fairfield AuthorizingPrequalification of Bidders for Public Works ContractsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe California Public Contract Code establishes procedures for local agencies wishing to prequalifyprospective bidders on public works projects. Additionally, the Department of Industrial Relations hasdeveloped guidelines for rating bidders pursuant to Public Contract Code Section 20101. Approval ofthe attached resolution authorizes the City to utilize prequalification procedures in accordance with theapplicable code and guidelines, thereby safeguarding the City’s financial investment in CapitalImprovement Projects.DISCUSSIONThe Public Works Department is finalizing the 100% design drawings and specifications for theconstruction of two new fire stations. These Capital Improvement Projects represent a $22 million dollarinvestment in public safety buildings. To streamline the contractor procurement process and provide theCity with an opportunity to review prospective bidders’ relevant experience, staff is recommending thatthe City adopt bidder prequalification procedures. Prequalification of bidders also has the potential toreduce the overall construction costs, as contractors with a good track record may have morecompetitive, responsive bids. Staff intends on ‘piloting’ this new process on these three public safetybuilding projects and return to council in the future should prequalification be utilized on future capitalimprovement projects.Prequalification procedures include adopting a uniform system of rating bidders and a process forappeals. Adoption of the resolution authorizes the city manager, or his or her designee, to prequalifybidders on behalf of the City through this process pursuant to the prequalification package. A templateof the prequalification package is included as an attachment. The process also allows for the city manager, or his or her designee, to appoint an appeals panel to review an appeal by a prospective bidder that receives a nonprequalified designation. The decision of the appeals panel shall be the City’s final administrative decision with respect to any appeal of a bidder’s prequalification status.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the proposed resolution and not prequalify prospective bidders.

By not prequalifying prospective bidders, the City will not be able to carefully review a bidder’s qualifications and determine if the bidder possesses the ability to perform the work prior to contract award. The City risks having to accept a responsive bid from the apparent low bidder only to find that the bidder does not possess the ability to perform the work.

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

Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Prequalification Template
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 2/21/2024 4:01 PM
Dombrowski, Delaney Approved 2/21/2024 4:32 PM
Dombrowski, Delaney Approved 2/21/2024 4:33 PM
Packet Page 78 of 202

CITY OF FAIRFIELD

RESOLUTION NO. 2024-50

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING

PREQUALIFICATION OF BIDDERS FOR PUBLIC WORKS CONTRACTS

WHEREAS, Section 20101 of the California Public Contract Code establishes procedures for certain local agencies wishing to prequalify bidders on public works projects; and

WHEREAS, the Department of Industrial Relations (DIR) has developed standardized questionnaires and model guidelines for rating bidders pursuant to Public Contract Code Section 20101 (DIR Model Guidelines); and

WHEREAS, in order to prequalify bidders under Section 20101, the City Council must “adopt and apply a uniform system of rating bidders based on objective criteria that set forth the minimum requirements permitted for qualification” and establish a process by which bidders who do not qualify may appeal; and

WHEREAS, the City has determined that adopting bidder prequalification procedures in accordance with Public Contract Code Section 20101 and modeled after the DIR Model Guidelines will benefit the City by providing an opportunity for the City to review prospective bidders’ track record in detail and to create a more competitive pool of bidders; and

WHEREAS, the council has determined that adopting bidder prequalification procedures and establishing an appeal committee will streamline the formal bidding process and further the council’s goals to operate efficiently and in a businesslike manner.

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

Section 1. The council hereby adopts the uniform system of rating bidders and process for appeals set forth in the “Request for Prequalification of Bidders” for the City attached hereto as Exhibit A (Prequalification Package). The city manager or his or her designee is hereby authorized to prequalify bidders on all types and sizes of public works contracts on behalf of the City pursuant to the Prequalification Package. The city manager, or his or her designee, may use the scoring system provided in the Prequalification Package or may designate one or more alternative scoring systems for annual prequalifications, project specific prequalifications or both, as consistent with the requirements of the Public Contract Code.

Section 2. The council hereby establishes the Bidder Prequalification Appeals Panel for purposes of the Prequalification Package (Appeals Panel) to be appointed by the city manager or his or her designee. The sole issue before the Appeals Panel shall be the scoring of a prospective bidder.

The decision of the Appeals Panel shall be the City’s final administrative decision and any judicial review thereof shall be instituted no later than the time period referred to in Section 1094.6 of the Code of Civil Procedures.

Packet Page 79 of 202Attachment 1 Page 1 of 2

RESO NO. 2024-50
PAGE 2

Section 3. The city manager or his or her designee is hereby authorized to do all things necessary to implement the above mentioned process.

PASSED AND ADOPTED this 5th day of March 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 80 of 202Attachment 1 Page 2 of 2

CITY OF FAIRFIELD, CA

GENERAL CONTRACTOR

PRE-QUALIFICATION QUESTIONNAIRE

FOR THE

CITY OF FAIRFIELD
[PROJECT NAME]

Project Location:

[Project Address]

Deadline for Submissions: 2:00 PM, XXXX, 2024

DATE: XXXX, 2024
Packet Page 81 of 202Attachment 2 Page 1 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

1 The City of Fairfield seeks to pre-qualify General Contractors for the construction of the [PROJECT NAME] (“Project”), and hereby invites sealed pre-qualification submittals from licensed Contractors.

Notice is hereby given that the City of Fairfield has determined that general contractor bidders on this Project must be pre-qualified prior to submitting a bid on this Project. The pre-qualification evaluation is solely for the purpose of determining which general building contractors (Contractors) are deemed qualified to successfully construct the Project.

Only Contractors in possession of a valid Class A or B Contractors license are allowed to bid on the Project.

It is mandatory that all Contractors who intend to submit a bid fully complete the pre- qualification questionnaire, provide all requested materials, and be approved by the City of Fairfield to be on the final qualified bidders list.

Pre-Qualification submittal packages may be obtained at:

FILING OF SUBMITTALS: On or before 2:00 PM, XXXX, 2024

Pre-Qualification Questionnaires shall be uploaded electronically to the City of Fairfield plan room link above via the “Submit Bid Docs” tab on the [PROJECT NAME] Project page. All submittals must be labeled:

“City of Fairfield [PROJECT NAME] - Contractor Prequalification”

To: XXXXXXX

It is the sole responsibility of the Contractor to see that the Pre-Qualification Submittal is received before the stated deadline.

Packet Page 82 of 202Attachment 2 Page 2 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

2 PROJECT TEAM

OWNER
[Add contact information}

CONSTRUCTION MANAGER
[Add contact information]

ARCHITECT OF RECORD
[Add contact information]

Packet Page 83 of 202Attachment 2 Page 3 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

3 TABLE OF CONTENTS

Project Description and Submittal Instructions .................................. ...5 Statement of Understanding .............................................................. ...9 Questionnaire
Part I: Essential Requirements for Qualification ........................... ..11 Part II: Questionnaire
Section A: Current Organization and Structure .................... ..13 Section B: History of Business and Organizational
Performance…………...... ............................................ 16 Section C: Compliance with Regulatory Requirements……....23 Part III: Similar Project Experience Questionnaire........................ ..25 Part IV: Organizational Resources…………………………………....29
Questionnaire Scoring……………………………………………...………30

Attachments
Attachment A: Project Site and Floor Plans………………………….31 Attachment B: Insurance Requirements……………………………...32

Packet Page 84 of 202Attachment 2 Page 4 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

4 PROJECT DESCRIPTION

[Project details, as outlined in the Notice to Contractors]

The engineer’s estimate for this project is $XXXX

For additional information regarding the current designs for this project, please see Attachment A “Project Floor Plans.” Final designs will be available with issuance of the final bidding and contract documents.

PROJECT SCHEDULE The current tentative Project Schedule is as follows:
• Pre-Qualification of Contractors: XXXX, 2024
• Project Bidding: XXXX 2024
• Award Project: XXXX 2024
• Start Construction: XXXX 2024
• Estimated construction duration: 18 months

PRE-QUALIFICATION SCHEDULE

Advertisement Inviting Pre-Qualification Submittals: XXXX, 2024 Submissions Due: XXXX, 2024
Pre-Qualification Notification: XXXX, 2024

GENERAL

The City of Fairfield is seeking qualified Class “A” or “B” General Contractors with construction experience of at least three projects demonstrating comparable experience.

Please see Part III Similar Project Experience (page 26) for a definition of “comparable experience.”

Each prospective Contractor must successfully complete the pre-qualification questionnaire, provide all requested materials in the required form, and be approved by the City of Fairfield to be on the final qualified bidders list. The City of Fairfield will not accept submission of incomplete or late documentation. Incomplete documentation will result in the rejection of the prospective Contractor.

Answers to all questions contained in the attached questionnaire, information about current bonding capacity, notarized statement from surety, and the most recent reviewed Packet Page 85 of 202Attachment 2 Page 5 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

5 or audited financial statements, with accompanying notes and supplemental information, are required.

The City of Fairfield reserves the right to unilaterally adjust, increase, limit, suspend, or rescind the pre-qualification rating based on subsequently learned information.

Contractors whose rating changes significantly after pre-qualification that disqualifies them will be notified and given an opportunity for a hearing consistent with the Appeal procedures described below to appeal a pre-qualification rating.

The City of Fairfield will not be liable for any cost incurred by any Contractor in connection with this pre-qualification process, including the preparation of its submittal package.

PRE-QUALIFICATION GUIDELINES

Each prospective Contractor must successfully complete the pre-qualification process outlined in this document. No other pre-qualification process completed for the City of Fairfield or any other agency will meet these requirements.

Prospective Contractors must submit “Statements of Qualifications” (SOQ) by completing the Pre-Qualification Submittal Questionnaire package. The City of Fairfield will not accept information or documents from other parties. Submission of incomplete and/or unclear Pre-Qualification Submittal Questionnaire or other required materials will result in rejection of the prospective contractor.

Any questions or requests for information must be submitted in writing to:

[Add contact information}
Email:

Phone:

PREPARATION OF PRE-QUALIFICATION SUBMITTALS

The submittal information should be separated by sections. One electronic copy in *.PDF format of the Pre-Qualification Submittal shall be unloaded to the City of Fairfield Plan Room. The completed Pre-Qualification Submittal should not exceed 50 pages. The City of Fairfield reserves the right to waive minor irregularities and omissions in the information contained in the pre-qualification application submitted.

EVALUATION AND ANALYSIS

Pre-qualification of prospective contractors will be determined from the information submitted in each Pre-Qualification Questionnaire Submittal. The City of Fairfield reserves the right to verify from other available sources the information provided by the Packet Page 86 of 202Attachment 2 Page 6 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

6 Contractor and to rely upon such information gathered during the verification process.

The City of Fairfield’s decision will be based on objective evaluation criteria. Further consideration of a prospective contractor’s qualifications will be made only if the prospective contractor meets all of the following minimum requirements:

1. Submission of a properly completed and signed Declaration.

2. Possession of the valid California Contractors “A” or “B” License in good standing

3. Meet bonding capacity requirements – Single limit of $XXMM. Aggregate limit of $XXMM.

4. Meet insurance requirements.

5. Demonstration of General Contractor’s Similar Project Experience.

6. Demonstration of Contractor’s Project Manager/Field Superintendent Comparable Experience.

7. No completion of work by surety in the last ten years.

8. Satisfactory History with the Department of Industrial Relations (DIR).

9. Meet financial requirements.

Note: this project is subject to Prevailing Wage requirements per DIR requirements. Any contract that is subsequently bid and awarded must comply with all prevailing wage requirements. This project is not subject to a Project Labor Agreement (PLA).

The Pre-Qualification Questionnaire Submittal Analysis Form that will be used to verify minimum qualifications is included. The City of Fairfield will screen each responding prospective Contractor’s statement for minimum qualifications and develop a list of Pre- Qualified Contractors.

The City of Fairfield reserves the right to reject any or all responses to pre-qualification questionnaires and any or all subsequent bids for construction projects, and to waive any irregularities in any response to the pre-qualification application.

While it is the intent of the pre-qualification questionnaire and required documents to assist the City of Fairfield in determining bidder responsibility prior to bid and to aid the City of Fairfield in selecting the lowest responsible bidder, neither the fact of pre- qualification, nor any pre-qualification rating, will preclude the City of Fairfield from a post- bid consideration and determination of whether a bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work on the [add project name].

The questionnaires and financial statements shall not be public records and shall not be open to public inspection; however, records of the names of contractors applying for prequalification status shall be public records subject to disclosure under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. However, by submitting the pre-qualification packet, the Contractor agrees that the contents of the submittal may be disclosed to third parties for the purpose of verification, investigation of substantial allegations, or in any appeal hearing. Also, the names of prospective contractors applying for pre-qualification status will be subject to disclosure.

Packet Page 87 of 202Attachment 2 Page 7 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

7 APPEALS PROCEDURE

Any prospective bidder who the City of Fairfield determines to not pass the pre- qualification process shall have the right to request review of the determination. The prospective bidder shall request review by delivering to the City Engineer, or his/her designee, a written notice requesting a review. The prospective bidder shall deliver such written notice to the City Engineer, or his/her designee, within five business days of being notified that the prospective bidder has been determined not to be qualified. Upon request of the prospective bidder, the City of Fairfield shall provide notification to the prospective bidder in writing of the basis for the prospective bidder’s disqualification and any supporting evidence that has been received from others or adduced as a result of an investigation by the public entity.

The City Engineer or his/her designee shall conduct an appeals hearing no later than ten business days following receipt of the contractor’s written notice. The hearing conducted shall be informal but will be an evidentiary hearing. At the hearing, the prospective bidder shall be given the opportunity to rebut any evidence used as a basis for disqualification and to present evidence to the public entity as to why the prospective bidder should be found qualified. The City Engineer or his/her designee shall consider all evidence, information and arguments submitted by the contractor relevant to the City of Fairfield’s determination, the City of Fairfield’s response to such evidence, information and arguments, and any other information the City Engineer or his/her designee deems relevant. Promptly following the hearing, the City Engineer or his/her designee shall issue a written decision regarding the matter, which shall be final and binding.

The Contractor waives its right to challenge the City of Fairfield’s decision if it fails to deliver the notice within the five business days.

STATEMENT OF UNDERSTANDING

The undersigned certifies that the statements and information contained in this submittal are complete and accurate and that the submittal contains no false or deliberately misleading information. The undersigned hereby agrees and declares that receipt of this submittal by the City of Fairfield does not constitute either a direct or implied guarantee to the Contractor that pre-qualification is or will be granted and also agrees to the procedures and conditions of the pre-qualification requirements described in the Pre- Qualification Document.

(1) Legal Name of Applicant (Contractor) __________________________________

_______________________________________________________________

(2) Address of Applicant (Contractor) _____________________________________

Packet Page 88 of 202Attachment 2 Page 8 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

8 _______________________________________________________________

(3) Phone Number ___________________________ Fax ____________________

Email ___________________________________

(4) Applicant is a ( ) Corporation ( ) Partnership ( ) Sole Proprietorship ( ) Joint Venture

(5) If Contractor is a Corporation, name the State of Incorporation_______________

(6) Total number of years the Contractor has been contracting _________________

(7) Total number of years the Contractor has been in construction ______________

____________________

(8) Banking institution authorized to provide corroboration of applicant’s financial stability:

Name: __________________________________________________________

Address: ________________________________________________________

Contact: _________________________ Telephone_______________________

(9) Is the Contractor signatory to any collective bargaining agreement (Yes or No). If yes please provide affiliate information:
____________________________________________________________

(10) Execution:

The undersigned is a legally authorized representative of the Contractor. The legal name of the Contractor is _____________________________________________________

State of California
Contractor’s License Number: Type: _____________________ Expiration:_____________________

______________________________, being first duly sworn, says that all statements and information contained in this Submittal are complete and accurate and that this Submittal contains no false or deliberately misleading information.

Packet Page 89 of 202Attachment 2 Page 9 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

9 Contractor

Printed Name Signature

Title

Subscribed and sworn to before me this _____________ day of ____________________, 20 ______________________________________________

Notary Public in and for the State of __________________ Residing at _____________________________________
Expiration Date: __________________________________

END OF FORM
Packet Page 90 of 202Attachment 2 Page 10 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

10 PART I: ESSENTIAL REQUIREMENTS FOR QUALIFICATION

IMPORTANT NOTE:

Contractor will be immediately disqualified if the answer to any of questions 1 through 6 is “no.”

Contractor will be immediately disqualified if the answer to any of questions 7 through 11 is “yes.” If the answer to question 9 is “yes,” and if debarment would be the sole reason for denial of pre-qualification, any pre-qualification issued will exclude the debarment period.

1. Contractor possesses a valid and current California Class “A” or “B” General Contractor’s License in good standing for this project for which it intends to submit a bid.

Yes No

2. Contractor has (or can provide proof that they can obtain within ten (10) business days prior to award) an insurance policy(ies) consistent with Attachment B “East Bay Regional Parks District Insurance Requirements”.

Yes No

3. Contractor has current workers’ compensation insurance policy as required by the Labor Code or is legally self-insured pursuant to Labor Code section 3700 et. seq.

Yes No

4. Have you attached your latest copy of a reviewed or audited financial statement with accompanying notes and supplemental information
Yes No

NOTE: A financial statement that is not either reviewed or audited by a Certified Public Accountant (CPA) is not acceptable. A letter verifying availability of a line of credit may also be attached; however, it will be considered as supplemental information only, and is not a substitute for the required financial statement.

5. Have you attached a notarized statement from an admitted surety insurer (approved by the California Department of Insurance and authorized to issue bonds in the State of California), which states that your current bonding capacity is at least $XXXX for a single project, and $XXXX aggregate, should you be selected?1 Yes No

1 An additional notarized statement from the surety may be requested by the City of Piedmont at the time of submission of a bid, if this pre-qualification package is submitted more than 60 days prior to submission of the bid.

Packet Page 91 of 202Attachment 2 Page 11 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

11 NOTE: Notarized statement must be from Surety Company, not an agent or broker.

6. Contractor has completed at least three comparable projects in the last 15 years? See Part IIIA: Similar Project Experience Questionnaire (Contractor Experience Requirements) for criteria.

Yes No

7. Has your contractor’s license been revoked at any time in the last 15 years? Yes No

8. Has a surety firm completed, or is in the process of completing, a contract on your behalf, or has paid for completion because your firm was default terminated by the project owner within the last 15 years?
Yes No

9. At the time of submitting this pre-qualification form, is your firm ineligible to bid on or be awarded any local, state or federal public works contracts, or perform as a subcontractor on any such public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7 or any other local, state or federal law or regulation?
Yes No
If the answer is “Yes,” state the beginning and ending dates of the period of debarment:

Starting Ending

10. At any time during the last 15 years, has your firm or any of its owners or officers been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract? Yes No

11. In the last 15 years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder?
Yes No
If “yes,” explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency.

Packet Page 92 of 202Attachment 2 Page 12 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

12 PART II: QUESTIONNAIRE

Section A. Current Organization and Structure of the Business For Firms That Are Corporations:

1a. Date incorporated:
1b. Under the laws of what state:
1c. Provide all the following information for each person who is either (a) an officer of the corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten percent of the corporation’s stock.

Name Position Years
with Co.
%
Ownership
Social
Security #

1d. Identify every construction firm that any person listed above has been associated with (as owner, general partner, limited partner or officer) at any time during the last fifteen years.

NOTE: For this question, “owner” and “partner” refer to ownership of ten percent (10%) or more of the business, or ten percent (10%) or more of its stock, if the business is a corporation.

Person’s Name

Construction Firm
Dates of Person’s
Participation with Firm

Packet Page 93 of 202Attachment 2 Page 13 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

13 For Firms That Are Partnerships:

1a. Date of formation:
1b. Under the laws of what state:
1c. Provide all the following information for each partner who owns ten percent or more of the firm.

Name Position Years with Co. % Ownership Social Security #

1d. Identify every construction company that any partner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years.

NOTE: For this question, “owner” and “partner” refer to ownership of ten percent (10%) or more of the business, or ten percent (10%) or more of its stock, if the business is a corporation.

Person’s Name

Construction Company
Dates of Person’s
Participation with Company

Packet Page 94 of 202Attachment 2 Page 14 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

14 For Firms That Are Sole Proprietorships:

1a. Date of commencement of business:
1b. Social security number of company owner:
1c. Identify every construction firm that the business owner has been associated with (as owner, general partner, limited partner or officer) at any time during the last 15 years.

NOTE: For this question, “owner” and “partner” refer to ownership of ten percent (10%) or more of the business, or ten percent or more of its stock, if the business is a corporation.

Person’s Name

Construction Company
Dates of Person’s
Participation with Company

For Firms That Intend to Make a Bid as Part of a Joint Venture:

1a. Date of commencement of joint venture:
1b. Provide all of the following information for each firm that is a member of the joint venture that expects to bid on one or more projects:

Name of firm % Ownership of Joint Venture

Packet Page 95 of 202Attachment 2 Page 15 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

15 Section B. History of the Business and Organizational Performance

1. Has there been any change in ownership of the firm at any time during the last 15 years?
NOTE: A corporation whose shares are publicly traded is not required to answer this question.

Yes No
If “yes,” explain on a separate signed page.

2. Is the firm a subsidiary, parent, holding company, or affiliate of another construction firm?
NOTE: Include descriptive and background information about other firms if one firm owns fifty percent (50%) or more of another, or if an owner, partner, or officer of your firm holds a similar position in another firm.

Yes No
If “yes,” explain on a separate signed page.

3. Are any corporate officers, partners or owners connected to any other construction firms?
NOTE: Include descriptive and background information about other firms if an owner, partner, or officer of your firm holds a similar position in another firm.

Yes No
If “yes,” explain on a separate signed page.

4. State your firm’s gross revenue for each of the last three years:

2022 2021 2022

_ ___ _ ___

5. How many years has your organization been in business in California as a contractor under your present business name and license number? Years 6 years or more = 3 points
8 years or more= 4 points
10 years or more = 5 points

6. Was your firm in bankruptcy at any time during the last 15 years? Yes No
“No” = 3 points “Yes” = 0 points

If “yes,” please attach a copy of the bankruptcy petition, showing the case number and the date on which, the petition was filed, and a copy of the Bankruptcy Court’s Packet Page 96 of 202Attachment 2 Page 16 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

16 discharge order, or any other document that ended the case, if no discharge order was issued.

Licenses

7. List all California construction license numbers, classifications and expiration dates of the California Contractor Licenses held by your firm:

8. If any of your firm’s license(s) are held in the name of a corporation or partnership, list below the names of the qualifying individual(s) listed on the California Contractors State License Board (CSLB) records who meet(s) the experience and examination requirements for each license.

9. Has your firm changed names or license number in the past 15 years? Yes No
If “yes,” explain on a separate signed page, including the reason for the change.

10. Has any owner, partner, or (for corporations) officer of your firm operated a construction firm under any other name in the last 15 years? Yes No
If “yes,” explain on a separate signed page, including the reason for the change.

11. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last 15 years?
Yes No
“No” = 5 points “Yes” = 0 points

If “yes,” please explain on a separate signed sheet.

Packet Page 97 of 202Attachment 2 Page 17 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

17 Disputes

12. At any time in the last 15 years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner?
Yes No
No projects with liquidated damages of more than $10,000, = 5 points Two (2) projects with liquidated damages of more than $10,000 = 3 points Any other answer: 0 points

If yes, explain on a separate signed page, identifying all such projects by owner, owner’s address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages.

13. In the last 15 years has your firm, or any firm with which any of your company’s owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason?
NOTE: “Associated with” refers to another construction firm in which an owner, partner or officer of your firm held a similar position, and which is listed in response to question 1c or 1d on this form.

Yes No
“No” = 5 points “Yes” = 0 points

If “yes,” explain on a separate signed page. State whether the firm involved was the firm applying for pre-qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action.

* * * * *
NOTE: The following two questions refer to disputes between your firm and the owner of a project as well as information about disputes between your firm and a supplier, another contractor, or subcontractor. You need not include information about “pass-through” disputes in which the actual dispute is between a sub-contractor and a project owner. Also, you may omit reference to all disputes about amounts of less than $10,000.

14. In the past 15 years has any claim against your firm concerning your firm’s work on a construction project been filed in court or arbitration? Yes No
Packet Page 98 of 202Attachment 2 Page 18 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

18 5 points for “No”
1 point for “Yes” indicating 1 such instances
Subtract 5 points for “Yes” if more than 2 such instances

If “yes,” on separate signed sheets of paper identify the claim(s) individually by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or resolved, including a brief description of the resolution).

15. In the past 15 years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration?
Yes No
5 points for “No”
1 point for “Yes” indicating 1 such instances
Subtract 5 points for “Yes” if more than 2 such claims

If “yes,” on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or resolved including a brief description of the resolution).

16. At any time during the past 15 years, has any surety company made any payments on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm’s behalf, in connection with a construction project, either public or private?
Yes No
5 points for “No”
1 point for “Yes” indicating 1 such instances
Subtract 5 points for “Yes” if more than 2 such claims

If “yes,” explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved.

Packet Page 99 of 202Attachment 2 Page 19 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

19 17. In the last 15 years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm?
Yes No
5 points for “No”
2 points for “Yes” indicating 1 such instances
0 points for “Yes” if more than 2 such instances

If “yes,” explain on a separate signed page. Name the insurance carrier, the form of insurance and the year of the refusal.

Criminal Matters and Related Civil Suits

18. Has your firm or any of its owners, officers or partners ever been found liable in a civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity?
Yes No
“No” = 5 points “Yes” = subtract 5 points

If “yes,” explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the investigation and the grounds for the finding.

19. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? Yes No
“No” = 5 points “Yes” = subtract 5 points

If “yes,” explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the conviction and the grounds for the conviction.

20. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? Yes No
“No” = 5 points “Yes” = subtract 5 points

If “yes,” identify on a separate signed page the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct.

Packet Page 100 of 202Attachment 2 Page 20 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

20 Bonding

21. Bonding capacity: ___________________________

Provide documentation from your surety identifying the following:

Name of bonding company/surety:

Name of surety agent, address and telephone number:

22. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last five years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so.

5 points if the rate is no more than one per cent
3 points if the rate was no higher than 1.10 per cent
0 points for any other answer

23. List all other sureties (name and full address) that have written bonds for your firm during the last five years, including the dates during which each wrote the bonds:

24. During the last 15 years, has your firm ever been denied bond coverage by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required? Packet Page 101 of 202Attachment 2 Page 21 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

21 Yes No
“No” = 5 points “Yes” = 0 points

If yes, provide details on a separate signed sheet indicating the date when your firm was denied coverage and the name of the company or companies which denied coverage; and the period during which you had no surety bond in place.

Section C. Compliance with Regulatory Requirements

Safety and Workers Compensation

25. Has CAL OSHA cited and assessed penalties against your firm for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past 15 years? NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.

Yes No
5 points for “No”
3 points for “Yes” indicating 1 such instances
0 points for “Yes” if more than 2 such instances

If “yes,” attach a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision.

26. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past 15 years?
NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.

Yes No
5 points for “No”
3 points for “Yes” indicating 1 such instances
0 points for “Yes” or if more than 2 such instances

If “yes,” attach a separate signed page describing each citation.

27. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past 15 years? Packet Page 102 of 202Attachment 2 Page 22 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

22 NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.

Yes No
5 points for “No”
3 points for “Yes” indicating 1 such instances
0 points for “Yes” or if more than 2 such instances

If “yes,” attach a separate signed page describing each citation.

28. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project?

5 points for an answer of once each week or more often
0 points for any other answer

29. List your firm’s Experience Modification Rate (EMR) (California workers’ compensation insurance) for each of the past three premium years:

NOTE: An Experience Modification Rate is issued to your firm annually by your workers’ compensation insurance carrier.

Current year:

Previous year:

Year prior to previous year:
5 points for three-year average EMR of .95 or less
2 points for three-year average of EMR of more than .95 but no more than 1.00 0 points for any other EMR

If your EMR for any of these three years is or was 1.00 or higher you may, if you wish, attach a letter of explanation.

30. Within the last 15 years has there ever been a period when your firm had employees without workers’ compensation insurance or state-approved self-insurance? Yes No
5 points for “No”
0 points for any other answer

Packet Page 103 of 202Attachment 2 Page 23 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

23 If “yes,” please explain the reason for the absence of workers’ compensation insurance on a separate signed page. If “No,” please provide a statement by your current workers’ compensation insurance carrier that verifies periods of workers’ compensation insurance coverage for the last five years. (If your firm has been in the construction business for less than five years, provide a statement by your workers’ compensation insurance carrier verifying continuous workers’ compensation insurance coverage for the period that your firm has been in the construction business.)

Prevailing Wage Compliance Record

31. Has there been any occasion during the last 15 years in which your firm was required to pay either back wages or penalties for your own firm’s failure to comply with the State’s prevailing wage laws?
NOTE: This question refers only to your own firm’s violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor.

Yes No
5 points for “No”
0 points for any other answer

If "yes", attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay.

32. During the last 15 years, has there been any occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the Federal Davis-Bacon prevailing wage requirements?
Yes No
5 points for “No”
0 points for any other answer

If “yes,” attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid, the amount of back wages you were required to pay along with the amount of any penalty paid.

PART III SIMILAR PROJECT EXPERIENCE QUESTIONNAIRE

Part III is a verification of the answer provided in Part I Essential Requirements. Part IIIA (Contractor Experience Requirements) verifies Question 6.

Packet Page 104 of 202Attachment 2 Page 24 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

24 Respondents whose experience is not verifiable according to the following criteria shall be disqualified as failing to meet the Essential Requirements.

Part IIIA—Contractor Experience Requirements

Contractor shall provide information about three recent comparable projects, all of which must have been successfully completed within the last 15 years. All 3 projects must meet the minimum criteria:

1. Minimum project value of $XXXX

2. Projects must be similar in size or complexity to any combination of the following project types:
a. Public Sector: Police, Fire, Emergency Operations Centers, or similar. b. Core and Shell and Tenant Improvements for either the public or private sector with a focus on public safety, emergency operations centers, hospitals, data centers, and critical facilities.

3. At least one of the projects must have been an Essential Services Building.

General Contractor Experience Requirements: Reference 1

Project Name:

Location:

Owner: ________
Owner Representative, address, email and phone number: ____________

Architect or Engineer, address, email and phone number:

Description of Project, Scope of Work Performed:

__________________________________________________________

___________________________________________________________ Packet Page 105 of 202Attachment 2 Page 25 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

25 Percentage of Base Contract subcontracted: _________________

Total Value of Construction breakdown with initial contract award/final contract

sum:

Original Scheduled Completion Date:_____________

Initial Contract time in days:_____ Time Extensions granted in Days:______ Days Liquidated damages assessed:_______

Actual Date of Completion: __________

LEED (Yes / No):_________________

General Contractor Experience Requirements: Reference 2

Project Name:

Location:

Owner: ________
Owner Representative, address, email and phone number: ____________

Architect or Engineer, address, email and phone number:

Description of Project, Scope of Work Performed:

__________________________________________________________

___________________________________________________________

Percentage of Base Contract subcontracted: _________________

Total Value of Construction breakdown with initial contract award/final contract

sum:

Packet Page 106 of 202Attachment 2 Page 26 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

26 Original Scheduled Completion Date:_____________

Initial Contract time in days:_____ Time Extensions granted in Days:______ Days Liquidated damages assessed:_______

Actual Date of Completion: __________

LEED (Yes / No):_________________

General Contractor Experience Requirements: Reference 3

Project Name:

Location:

Owner: ________
Owner Representative, address, email and phone number: ____________

Architect or Engineer, address, email and phone number:

Description of Project, Scope of Work Performed:

__________________________________________________________

___________________________________________________________

Percentage of Base Contract subcontracted: _________________

Total Value of Construction breakdown with initial contract award/final contract

sum:

Original Scheduled Completion Date:_____________

Initial Contract time in days:_____ Time Extensions granted in Days:______ Days Liquidated damages assessed:_______

Actual Date of Completion: __________
Packet Page 107 of 202Attachment 2 Page 27 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

27 LEED (Yes / No):_________________

General Contractor Experience Requirements: Reference 4

Project Name:

Location:

Owner: ________
Owner Representative, address, email and phone number: ____________

Architect or Engineer, address, email and phone number:

Description of Project, Scope of Work Performed:

__________________________________________________________

___________________________________________________________

Percentage of Base Contract subcontracted: _________________

Total Value of Construction breakdown with initial contract award/final contract

sum:

Original Scheduled Completion Date:_____________

Initial Contract time in days:_____ Time Extensions granted in Days:______ Days Liquidated damages assessed:_______

Actual Date of Completion: __________

LEED (Yes / No):_________________

PART IV ORGANIZATIONAL RESOURCES

Staff Roster/Functions
Packet Page 108 of 202Attachment 2 Page 28 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

28 1. Contractor shall furnish an organization chart that includes all supervisory positions anticipated to be assigned to the Project. Indicate therein which ones are full time on site and which are part time.

List key members of your staff whom you consider candidates to be assigned to work as a full-time team member resident on this Project and complete all requested information as shown below.

Key, full-time candidate team members must include, without limitation:

1. Project Manager and 2. Superintendent. Use separate sheets of paper that contain all of the following information:

Name:

Job Title: ____________________________________________ _

Number of Years with Firm: _______________________________

Proposed Function on the Project: _ ________________________

Number of Years in Current Position: _____________________

Number of Projects (in job function) Completed: _______________

Number of Years in Construction Industry: ____________________

Include a minimum of two projects, in a supervisory role, of similar type and scale as described in Section III: Similar Project Experience Questionnaire. On separate sheet provide project description, value, dates of construction, references and reference contact information for each project.

I, the undersigned, certify and declare that I have read all the foregoing answers to this pre-qualification questionnaire and know their contents. The matters stated in the questionnaire answers are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California, that the foregoing is correct.

________________________________ _____________________ Signature Date

____________________________________
Print Name
Packet Page 109 of 202Attachment 2 Page 29 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

29 SCORING INSTRUCTIONS

The scorable questions are in two sections above:

Part II – Section B History of the business and organizational performance; Part II – Section C Compliance with occupational safety and health laws, workers’ compensation and other labor legislation;

The Scores Needed for Pre-Qualification

To pre-qualify, a contractor would be required to qualify under Part I and Part IV, and then have a passing grade within each of the two large categories in Part II referred to above.

Section B, “History of the business and organizational performance,” For the 14 scorable questions, the prospective contractor is required to meet a passing score of 51 on this portion of the questionnaire (of a maximum score of 68 on this portion of the questionnaire).

Section C, “Compliance with occupational safety and health laws, workers’ compensation and other labor legislation”
For the 8 scorable questions, the prospective contractor is required to meet a passing score of 27 on this portion of the questionnaire (of a maximum score of 40 points on this portion of the questionnaire).

Packet Page 110 of 202Attachment 2 Page 30 of 32

CITY OF FAIRFIELD, CA
[PROJECT NAME]

PRE-QUALIFICATION OF GENERAL CONTRACTORS

30 ATTACHMENT A

PROJECT SITE PLAN & FLOOR PLANS

Packet Page 111 of 202Attachment 2 Page 31 of 32

CITY OF FAIRFIELD

FAIRFIELD POLICE DEPARTMENT EXPANSION

PRE-QUALIFICATION OF GENERAL CONTRACTORS

31 ATTACHMENT B – City of Fairfield Insurance Requirements

The Contractor shall procure and keep in full force and effect during the term of the Agreement, at the Contractor's cost and expense, the following policies of insurance with companies licensed to do business in the State of California which are acceptable to the District. The Contractor shall, within ten calendar days from the date of Award of Contract, supply the District with the Certificate showing that such insurance is in force. The District reserves the right to cancel the contract if these requirements are not met within 30 calendar days of the Notice of Acceptance of Bid.

All policies shall contain a provision that they shall not be canceled or materially changed without 30 calendar days prior written notice to the District. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of licensee to furnish the required insurance during the term of the Agreement.

(a) Workers' Compensation. The Contractor shall provide Workers' Compensation insurance as required by law. The Contractor is aware of the provisions of the California Labor Code §3700, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the work.

(b) Comprehensive or Commercial General Liability. Coverage includes Bodily Injury and Property Damage as required by the Agreement.

(d) Special Hazards. The Supplementary Conditions may require the Contractor to provide coverage against any special hazards which may be encountered in the performance of this Contract.

(e) Builder's Risk. The Supplementary Conditions may require the Contractor to insure all work and materials supplied against loss or damage by fire, malicious mischief or vandalism.

All policies taken out by the Contractor insuring work and materials supplied shall list the District as additionally insured and be payable to the Contractor and the District. Policies shall be kept in full force and effect by the Contractor until final acceptance of the work by the District.

(f) Subcontractor(s) Insurance Requirements. The Contractor shall either: (1) require each subcontractor to procure and maintain during the life of its subcontract all insurance of the type and in the amounts specified in the Agreement or (2) insure the activities of subcontractor(s) in its own policy.

Packet Page 112 of 202Attachment 2 Page 32 of 32

Agenda Item No: 10.

AGENDA REPORT
DATE:March 5, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202451 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 LSA Associates, Inc. for Environmental Services for the Travis Safe Routes to School and Transit Trail Project
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Travis Safe Routes to School and Transit Trail Project (Project) was awarded a total of $5,960,000 in federal and state grant funding. For the Project to access federal and state grants, environmental clearances from the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) are necessary. Approval of the attached resolution will authorize the city manager to execute a professional service agreement with LSA Associates, Inc. (LSA) to provide environmental services for the Project.

DISCUSSION
The Project was awarded $3,960,000 in federal funding from the One Bay Area Grant (OBAG 3) and $2,000,000 in state funding from the Transit and Intercity Rail Capital Program to provide a safe route for walking and biking to the nearby schools and the FairfieldVacavilleHannigan Train Station. In collaboration with the Solano Transportation Authority, the City executed a funding agreement to receive $2,000,000 from the Transit and Intercity Rail Capital Program, which dedicates $600,000 for design, $500,000 for rightofway, and $900,000 for construction per Resolution No. 202405. Provisions in the grants require that environmental clearances be obtained before the grant funds can be allocated to the Project for any expenditures. Environmental clearances are required for both NEPA and CEQA as a condition of federal and state grant funding.

Staff solicited a detailed scope of work and cost proposal from LSA to conduct the Project's environmental studies and investigations. LSA was solicited due to their familiarity with working in the vicinity of adjacent development projects, their ability to build upon the environmental work they have completed to date, and previous work they have done for the City. LSA has a keen understanding of Packet Page 113 of 202

Agenda Item No: 10.AGENDA REPORTDATE:March 5, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202451 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Professional Services Agreement Between the City of Fairfieldand LSA Associates, Inc. for Environmental Services for the Travis Safe Routes toSchool and Transit Trail ProjectRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Travis Safe Routes to School and Transit Trail Project (Project) was awarded a total of $5,960,000in federal and state grant funding. For the Project to access federal and state grants, environmentalclearances from the National Environmental Policy Act (NEPA) and California Environmental Quality Act(CEQA) are necessary. Approval of the attached resolution will authorize the city manager to execute aprofessional service agreement with LSA Associates, Inc. (LSA) to provide environmental services forthe Project.DISCUSSIONThe Project was awarded $3,960,000 in federal funding from the One Bay Area Grant (OBAG 3) and$2,000,000 in state funding from the Transit and Intercity Rail Capital Program to provide a safe routefor walking and biking to the nearby schools and the FairfieldVacavilleHannigan Train Station. Incollaboration with the Solano Transportation Authority, the City executed a funding agreement to receive$2,000,000 from the Transit and Intercity Rail Capital Program, which dedicates $600,000 for design,$500,000 for rightofway, and $900,000 for construction per Resolution No. 202405. Provisions in thegrants require that environmental clearances be obtained before the grant funds can be allocated to theProject for any expenditures. Environmental clearances are required for both NEPA and CEQA as acondition of federal and state grant funding.Staff solicited a detailed scope of work and cost proposal from LSA to conduct the Project'senvironmental studies and investigations. LSA was solicited due to their familiarity with working in the vicinity of adjacent development projects, their ability to build upon the environmental work they have completed to date, and previous work they have done for the City. LSA has a keen understanding of Fairfield and environmental grant requirements, which allows them to effectively conduct the environmental assessment for the Project. Previous environmental tasks that LSA has completed for City projects include: EastWast Water Transmission Pipeline Segment 4, Fire Station 39 biological assessments, Rolling Hill and Serpas Ranch Open Space Management Plan, and Stream Maintenance Program biological services.

LSA’s proposed environmental services include review and clearance for both CEQA and NEPA, preliminary environmental study, community impact assessment, and preparation of an Initial Study/Mitigated Negative Declaration. LSA proposes to complete services for a nottoexceed amount of $142,125. Staff is recommending a 10% management reserve for a total authorization amount of $14,225 to be responsive and flexible as the Project proceeds and allow for minor adjustments in the Project scope, for a total of $156,350.

FINANCIAL IMPACT
The professional services agreement with LSA will authorize a contract for an amount not to exceed $142,125. Total authorization for this Project would be $156,350, which includes the environmental services plus 10% management reserve ($142,125 + $14,225). Funds are budgeted in the adopted fiscal year (FY) 20232024 through FY 20272028 Capital Improvement Program for Streets (Fund 285, Project CPW070107).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the City Council has any questions, this request may be delayed so that staff may provide the necessary backup documentation. The council may choose not to approve the proposed contract agreement. However, delays to the approval of the agreement will result in delays to the start of the subsequent construction project and potentially risk grant forfeiture due to the delays.

STAFF CONTACT
David Vong, Senior Civil Engineer
(707) 4287784
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

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

Reviewer Action Date
Panganiban, Ryan Approved 2/20/2024 9:41 PM
Kaushal, Paul Approved 2/20/2024 10:26 PM
Dombrowski, Delaney Approved 2/21/2024 11:42 AM
Dombrowski, Delaney Approved 2/21/2024 11:43 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-51

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 LSA ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES FOR THE TRAVIS SAFE

ROUTES TO SCHOOL AND TRANSIT TRAIL PROJECT

WHEREAS, the Travis Safe Routes to School and Transit Trail Project (Project) requires environment investigations and approvals to receive federal funding through the One Bay Area Grant (OBAG 3) and state funding from the Transit and Intercity Rail Capital Program; and

WHEREAS, the Project requires environmental services support and other technical expertise in which the City does not have the staffing capacity to provide; and

WHEREAS, staff is requesting professional environmental services from LSA Associates, Inc. (LSA) for the Project; and

WHEREAS, LSA is highly qualified to provide professional services for the 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 a professional services agreement between the City and LSA for professional services for the Project for a total not-to-exceed fee of $142,125.

Section 2. The city manager is hereby authorized to execute and administer amendments in an amount not to exceed $14,225.

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

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PASSED AND ADOPTED this 5th day of March 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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1 Revised 11/15/2023

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

CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) 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 June 30, 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.

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2 Revised 11/15/2023
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: David Vong, Senior Civil Engineer
E-mail: [email protected]
Address: 1000 Webster Street, 3rd Floor, Fairfield, CA 94533 Telephone: 707-428-7784
INVOICES to: [email protected]
Notices must be given to CONSULTANT at the following:

CONSULTANT: Steve Foreman, Principal/Senior Wildlife Biologist E-mail: [email protected]
Address: 157 Park Place, Pt. Richmond, CA 94801
Telephone: 510-236-6810 (Office), 510-376-5767 (Mobile) Packet Page 118 of 202Attachment 2 Page 2 of 21

3 Revised 11/15/2023
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By:__________________________________
CONSULTANT (LSA Associates, Inc.)
By:___________________________________ CEO
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Agenda Item No: 11.

AGENDA REPORT
DATE:March 5, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202452 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Funding Agreement Between the City of Fairfield and the Solano Transportation Authority (STA) for the Solano Climate Adaptation Resiliency Plan for Transportation Infrastructure
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The proposed resolution would authorize the city manager to enter into a funding agreement with the Solano Transportation Authority (STA) in the match amount of $5,000 to hire a consultant to write the Solano Countywide Climate Adaptation Resiliency Plan for Transportation Infrastructure (Solano CCARP).

DISCUSSION
The purpose of the Solano CCARP is to create a roadmap for building resiliency and sustainability into Solano County’s transportation system by making it more adaptable to climate change. The plan will conduct a vulnerability assessment within eight jurisdictions of the County to identify vulnerable assets and climate hazards. The Solano CCARP will recommend adaptation projects based on the findings of the assessment to ensure that vital transportation routes are preserved and protected.

FINANCIAL IMPACT
STA has secured a $500,000 California Department of Transportation (Caltrans) grant from the Sustainable Transportation Planning Grant Program for the Solano CCARP and requires that the City provide a match amount of $5,000. The grant required match will come from the Gas Tax Fund (Fund 162).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
STA received Board approval on January 10, 2024, to enter into a funding agreement with the City for the development of the Solano CCARP.

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Agenda Item No: 11.AGENDA REPORTDATE:March 5, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202452 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Funding Agreement Between the City of Fairfield and the SolanoTransportation Authority (STA) for the Solano Climate Adaptation Resiliency Plan forTransportation InfrastructureRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe proposed resolution would authorize the city manager to enter into a funding agreement with theSolano Transportation Authority (STA) in the match amount of $5,000 to hire a consultant to write theSolano Countywide Climate Adaptation Resiliency Plan for Transportation Infrastructure (SolanoCCARP).DISCUSSIONThe purpose of the Solano CCARP is to create a roadmap for building resiliency and sustainability intoSolano County’s transportation system by making it more adaptable to climate change. The plan willconduct a vulnerability assessment within eight jurisdictions of the County to identify vulnerable assetsand climate hazards. The Solano CCARP will recommend adaptation projects based on the findings ofthe assessment to ensure that vital transportation routes are preserved and protected.FINANCIAL IMPACTSTA has secured a $500,000 California Department of Transportation (Caltrans) grant from theSustainable Transportation Planning Grant Program for the Solano CCARP and requires that the Cityprovide a match amount of $5,000. The grant required match will come from the Gas Tax Fund (Fund162).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION STA received Board approval on January 10, 2024, to enter into a funding agreement with the City for the development of the Solano CCARP.

ALTERNATIVE ACTION
The council may choose not to execute the funding agreement, but this is not recommended as this would not allow the City’s transportation infrastructure to be included in the Solano CCARP.

STAFF CONTACT
Bryan Heinzelman, PE, Associate Civil Engineer
(707) 4287034
[email protected]
COORDINATED WITH
City Attorney's Office, Solano Transportation Authority ATTACHMENTS:

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

CITY OF FAIRFIELD

RESOLUTION NO. 2024-52

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

MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND THE

SOLANO TRANSPORTATION AUTHORITY (STA) FOR THE SOLANO CLIMATE ADAPTION RESILIENCY

PLAN FOR TRANSPORTATION INFRASTRUCTURE

WHEREAS, the Solano Transportation Authority (STA) is hiring a consultant to write the Solano Countywide Climate Adaptation Resiliency Plan (Solano CCARP); and

WHEREAS, the City is required to enter into a funding agreement with the STA and contribute $5,000 match for the implementation of the Solano CCARP.

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 Solano CCARP, 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 5th day of March 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Solano CARP Funding Agreement_Fairfield 02-2024

FUNDING AGREEMENT

BETWEEN

SOLANO TRANSPORTATION AUTHORITY
AND

CITY OF FAIRFIELD
FOR

SOLANO CLIMATE ADAPTATION RESILIENCY PLAN

FOR TRANSPORTATION INFRASTRUCTURE

This Funding Agreement (“Agreement”) is entered into by 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 (“City”) each individually referred to as a “Party” and collectively as the “Parties” to be effective as of ______________________, 2024.

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 Solano County; and

WHEREAS, STA, as the CMA and the County Transportation Authority (CTA) for the County of Solano, partners with various transportation and planning agencies, such as the Metropolitan Transportation Commission (MTC), Association of Bay Area Governments (ABAG) and Caltrans District 4, to set countywide transportation priorities and to coordinate the delivery of transportation projects in furtherance of the identified transportation priorities; and

WHEREAS, the California Department of Transportation (Caltrans) manages the competitive statewide Sustainable Transportation Planning Grant Program to support the agency’s mission of providing a safe, dependable transportation network that serves all people and respects the environment; and

WHEREAS, on January 12, 2023, Caltrans released the Sustainable Transportation Planning Grant Program Guidelines for Fiscal Year 2023-24, with $50 million available in the Climate Adaptation Planning Grants category; and

WHEREAS, STA filed an application in March 2023 to develop a Solano Countywide Climate Adaptation and Resiliency Plan for Transportation Infrastructure (Solano CCARP) and had been successful in obtaining a grant award from the Climate Adaptation Planning Grants category; and

WHEREAS, the Solano CCARP funding will be provided by each participating agency to the STA by contributing to the required local match; and

WHEREAS, City has expressed its support and agreed to contribute to this effort upon the terms and conditions set forth below; and
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WHEREAS, STA received Board approval on January 10, 2024, to enter into a funding agreement with City for the development of the Solano CCARP; and

WHEREAS, STA and City desire to enter into this Agreement to define the respective roles and responsibilities of the Parties.

AGREEMENT

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

A. City agrees to:

1. Contribute $5,000 for the implementation of the Solano CCARP. City shall pay its contribution within thirty (30) days of receipt of invoice from STA after STA has procured a consultant to develop the Solano CCARP. City shall not be required to contribute any additional funds.

2. Participate and work collaboratively with STA to develop and implement the Solano CCARP.

B. STA agrees to:

1. Engage a consultant to coordinate the process and to perform the work included in the scope of work attached as Exhibit A.

2. Provide a matching fund of $35,000 to assist in funding the consultant services for the implementation of the Solano CCARP.

3. Provide an invoice to City the amount of $5,000 upon procuring a consultant to coordinate the development of Solano CCARP.

C. Term and Termination:

1. This Agreement is effective as of the date written above, and shall remain in effect until completion of the Solano CCARP, unless it is terminated or amended earlier as provided in this Agreement. This Agreement may also be terminated due to funding shortfalls or other unforeseen circumstances, as mutually agreed to by the Parties.

2. Either Party may terminate its participation in the process upon written notice to the other with thirty (30)-day written notice and any unused portion of the City’s $5,000 contribution shall be returned to City.

D. Indemnification:

1. Each Party shall indemnify, defend, protect, hold harmless, and release the other, their Packet Page 142 of 202Attachment 2 Page 2 of 16

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elected bodies, officers, agents, and employees, 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 such indemnifying party. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

E. Insurance:

1. Each Party agrees to maintain its status as a legally self-insured public entity for general, auto and professional liability insurance coverage with limits of no less than $1,000,000 per occurrence and no less than fifteen million dollars ($15,000,000) aggregate. Each Party’s insurance will be considered primary for all claims arising out of acts of that Party. Each Party agrees to endorse the other Party, its officials, employees and agents, using standard ISO endorsement No. CG2010 or its equivalent for general liability coverage. Each Party also agrees to require all consultants, contractors and subcontractors engaged to work on this Project to name the other Party as an additional insured as well.

2. Each Party will maintain Workers’ Compensation as required by law for all its employees with limits not less than $1,000,000 per occurrence. 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.

3. Each Party will require all consultants, contractors, and subcontractors engaged to work on this Project to carry insurance in levels commensurate with the exposure of the respective work provided by the consultant, contractor, or subcontractor. of the respective work provided by the consultant, contractor, or subcontractor.

F. Force Majeure:

Neither Party 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 nature, 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 Parties.

G. Dispute Resolution:

The Parties agree that any disputes between the Parties should be resolved initially without the intervention of a third party. Accordingly, should a dispute arise between the STA and City regarding the performance of this Agreement, the Parties agree that the STA Executive Director and City’s City Manager shall initially meet and confer. Should these two officers fail to reach Packet Page 143 of 202Attachment 2 Page 3 of 16

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consensus, the dispute shall be referred to a STA Board Subcommittee along with the City Council Member that is a member of the STA Board. Should the STA Subcommittee fail to resolve the dispute, litigation may be commenced in the Solano County Superior Court in compliance with all applicable laws and requirements.

H. Notice:

All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by certified mail, postage prepaid, return receipt requested. Any mailed notice, demand, request, consent, approval or communication that a Party desires to give to the other Party shall be addressed to the other Party at the addresses set forth below. A Party may change its address by notifying the other Parties of the change of address. Any notice sent by mail in the manner prescribed by this Paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier.

SOLANO TRANSPORTATION AUTHORITY:

Daryl K. Halls, Executive Director
423 Main Street
Suisun City, CA 94585
Attn: Kathrina Gregana, Associate Planner
CITY OF FAIRFIELD:

David Gassaway, City Manager
1000 Webster Street
Fairfield, CA 94533
Attn: Paul Kaushal, Public Works Director

I. Prior Agreements and Amendments:

This Agreement represents 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.

J. 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.

K. 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 all of the Parties drafted it. The captions and headings Packet Page 144 of 202Attachment 2 Page 4 of 16

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

L. Counterpart and Electronic Signature:

As permitted under the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000, and the Uniform Electronic Transactions Act (UETA), the Parties hereby agree to conduct this transaction by electronic means. This Agreement may be executed through an electronic signature and may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties agree that the electronic signatures appearing on this Agreement are intended by each Party using it to have the same force and effect as the use of a manual signature for th e purposes of validity, enforceability, and admissibility.

M. Signatory’s Warranty:

Each Party warrants to the other Party that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement.

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:

By: ________________________________
Megan J. Callaway, STA Legal Counsel

By: ________________________________
City Attorney

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EXHIBIT A

CONSULTANT’S SCOPE OF WORK

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Agenda Item No: 12.

AGENDA REPORT
DATE:March 5, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202453 of the City Council of the City of Fairfield Authorizing the City Manager to Apply for ProHousing Incentive Program (PIP) Funds RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield qualifies for the ProHousing Program through the California Department of Housing and Community Development (HCD). The City must submit a separate application to receive program funding. This resolution authorizes the City to submit a ProHousing Incentive Program (PIP) application for up to 1.2 million dollars to support housing activities in Fairfield.

DISCUSSION
HCD administers the PIP (Program). The Program creates incentives for jurisdictions that comply with the Housing Element requirements and have enacted prohousing policies. These incentives include additional points as it relates to scoring applications for competitive housing and infrastructure programs. Each HCD program administrator determines the point values awarded to applicants.

The PIP aims to assist cities in creating affordable housing initiatives to benefit extremely low to moderateincome households. Based on Fairfield’s Housing Needs analysis, the City must build additional affordable housing to meet housing needs. Currently, the State designates much of Fairfield as a lowresource area, making it difficult for affordable housing developers to succeed in statefunded competitions. The City's prohousing designation will assist in providing increased equitable opportunities for funding. Fairfield projects will receive additional points and incentives in affordable housing financing applications.

The City has been preapproved as a prohousing designation jurisdiction. The proposed resolution approves the City to apply for the PIP, permitting the City to receive funds to support affordable housing development.

FINANCIAL IMPACT
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Agenda Item No: 12.AGENDA REPORTDATE:March 5, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202453 of the City Council of the City of Fairfield Authorizing the CityManager to Apply for ProHousing Incentive Program (PIP) FundsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City of Fairfield qualifies for the ProHousing Program through the California Department ofHousing and Community Development (HCD). The City must submit a separate application to receiveprogram funding. This resolution authorizes the City to submit a ProHousing Incentive Program (PIP)application for up to 1.2 million dollars to support housing activities in Fairfield.DISCUSSIONHCD administers the PIP (Program). The Program creates incentives for jurisdictions that comply withthe Housing Element requirements and have enacted prohousing policies. These incentives includeadditional points as it relates to scoring applications for competitive housing and infrastructureprograms. Each HCD program administrator determines the point values awarded to applicants.The PIP aims to assist cities in creating affordable housing initiatives to benefit extremely low tomoderateincome households. Based on Fairfield’s Housing Needs analysis, the City must buildadditional affordable housing to meet housing needs. Currently, the State designates much of Fairfieldas a lowresource area, making it difficult for affordable housing developers to succeed in statefundedcompetitions. The City's prohousing designation will assist in providing increased equitableopportunities for funding. Fairfield projects will receive additional points and incentives in affordablehousing financing applications. The City has been preapproved as a prohousing designation jurisdiction. The proposed resolutionapproves the City to apply for the PIP, permitting the City to receive funds to support affordable housingdevelopment.

FINANCIAL IMPACT
There is no fiscal impact associated with completing this funding application.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose not to approve the resolution. However, not approving this resolution will prohibit the City from applying for PIP funds, resulting in the City missing out on the opportunity to receive funding to support affordable housing projects.

STAFF CONTACT
LaTanya Terrones, Sr. Project Manager
(707) 4287454
[email protected]
COORDINATED WITH
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
REVIEWERS:

Reviewer Action Date
Dombrowski, Delaney Approved 2/26/2024 11:11 AM
Packet Page 158 of 202

CITY OF FAIRFIELD

RESOLUTION NO. 2024-53

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

MANAGER TO APPLY FOR PRO-HOUSING INCENTIVE PROGRAM (PIP) FUNDS

WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department of Housing and Community Development (HCD) is authorized to issue guidelines as part of a Pro- Housing Incentive Program (PIP); and

WHEREAS, City of Fairfield Housing Services Department staff desire to submit a PIP grant application package (Application), provided by HCD, for planning and implementation activities related to housing and community development; and

WHEREAS, the City has been pre-approved as a pro-housing designation jurisdiction to receive funds to support affordable housing development; and

WHEREAS, this designation allows City projects to receive additional points and incentives in affordable housing financing applications; and

WHEREAS, HCD released the PIP Notice of Funding Allocation (NOFA) on January 23, 2024, declaring $9,483,402.17 in funding is available.

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

Section 1. The city manager is hereby authorized to apply for PIP grant funds in response to the NOFA, in a total amount not to exceed $1.2 million.

Section 2. If the Application is approved by HCD, the city manager is authorized and directed to enter into, execute, and deliver on behalf of the applicant, a State of California Agreement (Standard Agreement) for up to $1.2 million, and any and all other documents required or deemed necessary or appropriate to evidence to secure the PIP grant, the applicant’s obligations related thereto, and all amendments thereto.

Section 3. The applicant shall be subject to the terms and conditions as specified in the guidelines, and the Standard Agreement provided by HCD. The Application and all accompanying documents are incorporated in full as part of the Standard Agreement. All activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the guidelines and in conjunction with the terms of the Standard Agreement, the applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

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RES. NO. 2024-53

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PASSED AND ADOPTED this 5th day of March 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: 13.

AGENDA REPORT
DATE:March 5, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202454 of the City Council of the City of Fairfield Approving the Report of the Advisory Board for Calendar Year 2023 and Proposed Budget for Calendar Year 2024 in Connection with the North Texas Street Business Improvement District; and Resolution 202455 of the City Council of the City of Fairfield Declaring Intention to Levy an Assessment Against Businesses within the North Texas Street Business Improvement District for Calendar Year 2024 and Setting a Time and Place for Hearing Objections Thereto
RECOMMENDED ACTION
Adopt resolution(s).

STATEMENT OF ISSUE
As the Advisory Board to the North Texas Street Business Improvement District (District), the North Texas Street Business Association (Advisory Board) seeks City Council approval of the District’s Annual Report for 2023 and Proposed Budget for Calendar Year 2024 (Report), and declaration of the intent to levy an assessment against businesses within the District for calendar year 2024 and setting the required public hearing for March 19, 2024.

DISCUSSION
In September 1999, the council adopted Ordinance 9921, establishing the District and the levy of assessments within the District under the Parking and Business Improvement Law of 1989. Under this law, the process of levying an assessment involves the preparation of a report each year by an advisory board appointed by the council and the holding of a public hearing before levying the assessments. The report must include the expenditure of revenues derived from the levying of assessments, the classification of businesses, the method and basis of levying the assessments, and a description of the improvements and activities to be performed during the year. In November 2000, the council adopted Resolution 2000280, appointing the Advisory Board to make recommendations on the expenditure of revenues derived from the assessments.

The Advisory Board filed the Report on February 12, 2024, with the City Clerk’s Office to comply with Packet Page 161 of 202

Agenda Item No: 13.AGENDA REPORTDATE:March 5, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202454 of the City Council of the City of Fairfield Approving the Report ofthe Advisory Board for Calendar Year 2023 and Proposed Budget for Calendar Year2024 in Connection with the North Texas Street Business Improvement District; and Resolution 202455 of the City Council of the City of Fairfield Declaring Intention to Levyan Assessment Against Businesses within the North Texas Street BusinessImprovement District for Calendar Year 2024 and Setting a Time and Place for HearingObjections TheretoRECOMMENDED ACTIONAdopt resolution(s).STATEMENT OF ISSUEAs the Advisory Board to the North Texas Street Business Improvement District (District), the NorthTexas Street Business Association (Advisory Board) seeks City Council approval of the District’sAnnual Report for 2023 and Proposed Budget for Calendar Year 2024 (Report), and declaration of theintent to levy an assessment against businesses within the District for calendar year 2024 and settingthe required public hearing for March 19, 2024.DISCUSSIONIn September 1999, the council adopted Ordinance 9921, establishing the District and the levy ofassessments within the District under the Parking and Business Improvement Law of 1989. Under thislaw, the process of levying an assessment involves the preparation of a report each year by an advisoryboard appointed by the council and the holding of a public hearing before levying the assessments. Thereport must include the expenditure of revenues derived from the levying of assessments, theclassification of businesses, the method and basis of levying the assessments, and a description of theimprovements and activities to be performed during the year. In November 2000, the council adoptedResolution 2000280, appointing the Advisory Board to make recommendations on the expenditure ofrevenues derived from the assessments.

The Advisory Board filed the Report on February 12, 2024, with the City Clerk’s Office to comply with the abovenoted requirements. The Report indicates that approximately $53,000 is anticipated from assessments in 2024. The proposed activities reflect Advisory Board organizational style actions, including membership services, beautification of the District, and economic restructuring activities that focus on recruiting new businesses, retaining viable businesses, and creating a dynamic business district. The proposed 2024 assessment amount against each business will remain the same as that assessed initially in 2000.

Staff recommends that the council declare its intention to levy an assessment against businesses within the District for calendar year 2024, and set the March 19, 2024, council meeting as the date and place for the public hearing on this matter.

At the council meeting of March 19, 2024, staff intend to submit a contract between the City and the Advisory Board to provide the activities and services proposed in the Report.

FINANCIAL IMPACT
There are not any City funds involved. The 2024 District assessments are estimated to be approximately $53,000 and deposited in the NTBID Assessments Fund (Fund 583, Division and Responsibility Code 99000).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The Advisory Board approved the Report at its special meeting on February 1, 2024.

ALTERNATIVE ACTION
The council may elect to modify or not take action on the recommendations of the Advisory Board report.

STAFF CONTACT
Jennifer Rice, Real Estate Specialist II
(707) 4287727
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution Approving the Report and Budget Attachment 2: Exhibit A Certified NTSBA 2023 Advisory Report Attachment 3: Proposed Resolution of Intention to Levy Assessments Attachment 4: NTSBA 2024 Budget
REVIEWERS:

Reviewer Action Date
Zellers, David Approved 2/20/2024 6:21 PM
Dombrowski, Delaney Approved 2/20/2024 8:00 PM
Dombrowski, Delaney Approved 2/20/2024 8:00 PM
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-54

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE REPORT OF THE ADVISORY BOARD FOR CALENDAR YEAR 2023 AND PROPOSED BUDGET FOR CALENDAR YEAR 2024 IN CONNECTION WITH THE NORTH TEXAS STREET BUSINESS IMPROVEMENT

DISTRICT

WHEREAS, the Parking and Business Improvement Area Law of 1989 (Law), California Streets and Highways Code Sections 36500, et seq., authorizes the City Council to levy an assessment against businesses within a parking and business improvement area, in addition to any assessments, fees, charges, or taxes imposed in the city; and

WHEREAS, the Law requires the council to appoint an advisory board, which shall make recommendations to the council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments; and

WHEREAS, by Resolution 2000-280, the council appointed the North Texas Street Business Association to serve as the Advisory Board (Advisory Board) for the North Texas Street Business Improvement District (District); and

WHEREAS, the Advisory Board has prepared a report entitled “North Texas Street Business Improvement District Advisory Report for 2023 and Proposed Budget for Calendar Year 2024” (Report), attached hereto as Exhibit A, which reports on the District’s 2023 activities and details the proposed levy of an assessment against businesses in the District and the District’s plans for calendar year 2024; and

WHEREAS, the Advisory Board submitted the Report, and it was certified by the Fairfield city clerk on February 12, 2024.

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

Section 1. In accordance with Section 36533 of the Law, the Advisory Board has prepared and filed with the City Clerk’s Office, and the city clerk has presented to the council the Report, attached hereto as Exhibit A, which contains the proposed budget for 2024.

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RES. NO. 2024-54

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Section 2. The council has examined and reviewed the Report, and such Report is hereby approved as filed.

PASSED AND ADOPTED this 5th day of March 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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CITY OF FAIRFIELD

RESOLUTION NO. 2024-55

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING INTENTION TO LEVY AN

ASSESSMENT AGAINST BUSINESSES WITHIN THE NORTH TEXAS STREET BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2024 AND SETTING A TIME AND PLACE FOR HEARING OBJECTIONS

THERETO

WHEREAS, the boundaries of the District are generally described to include all properties abutting North Texas Street and Texas Street between Clay Street to the south and Nelson Road to the north as well as certain properties abutting these core properties. A map showing the boundaries of the District and properties which are included in the District is on file in the City Clerk’s Office and is open to public inspection; and

WHEREAS, in accordance with Section 36533 of the Law, the Advisory Board prepared and filed with the City Clerk’s Office a report entitled, “North Texas Street Business Improvement District Advisory Report for 2023 and Proposed Budget for Calendar Year 2024” (Report), and by previous resolution, the council preliminarily approved the Report as filed. The said Report is on file in the City Clerk’s Office and is open to public inspection.

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

Section 1. The council hereby declares its intention, in addition to any assessments, fees, charges or taxes imposed by the City, to levy and collect an assessment against businesses within the District for calendar year 2024 (commencing January 1, 2024 and ending December 31, 2024).

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RES. NO. 2024-55

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Section 2. The council hereby declares that, as provided by Law, the types of improvements and activities to be funded by the levy of an assessment against businesses within the District are as follows:

(a) The acquisition, construction, installation, or maintenance of tangible property with a useful life of five years or more, including, but not limited to, the following:

 benches
 trash receptacles
 decorations
 permanent landscaping

(b) Promotion of public events which benefits businesses in the District and which takes place within public places within the District;
(c) Furnishing of music in any public place in the District; and (d) Activities that benefit businesses located and operating in the District.

Section 3. New businesses established in the District after January 1, 202 4, shall be exempt from the levy of the assessment for calendar year 2024.

Section 4. The council hereby fixes the time and place for a public hearing on the proposed levy of an assessment against businesses within the District for calendar year 2024 as follows:

TIME: 6:00 p.m.

DATE: March 19, 2024
PLACE: City Council Chambers, 1000 Webster Street, Fairfield, CA

At the public hearing, the testimony of all interested persons regarding the levy of an assessment against businesses within the District for calendar year 2024 shall be heard. A protest may be made orally or in writing by any interested person.

Any protest pertaining to the regularity or sufficiency of the proceedings must be in writing and shall clearly set forth the irregularity or defect to which the objection is made.

Every written protest must be filed with the City Clerk’s Office at or before the time fixed for the public hearing. The council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing.

Each written protest must contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest, which Packet Page 170 of 202Attachment 3 Page 2 of 3

RES. NO. 2024-55

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does not comply with the requirements set forth in this paragraph, will not be counted in determini ng a majority protest (as defined below).

If, at the conclusion of the public hearing, written protests are received from the owners of businesses in the District which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent (i.e., there is a majority protest), no further proceedings to levy the proposed assessment, as contained in this resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the council.

If the majority protest is only against the furnishing of a specified type or type of improvement or activity within the District, those types of improvements or activities shall be eliminated.

Section 5. For a full and detailed description of the improvements and activities to be provided for calendar year 2024, the boundaries of the District, and the proposed assessments to be levied against the businesses within the District for calendar year 2024, reference is hereby made to the Report of the Advisory Board. The Report is on file with the City Clerk’ Office and open to public inspection.

Section 6. The city clerk is hereby authorized and directed to provide notice of the public hearing in accordance with law.

PASSED AND ADOPTED this 5th day of March 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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2021 Actual 2022 Budget
Income:

Assessments $ 8,030.00 $ 65,000.00
Carry over (2021) $ 14,153.00 $5,297.00
Total Income: $ 22,183.00 $ 70,297.00
2021 Actual 2022 Budget
Professional Fees:

Bookeeping $ 2,415.00 $ 2,415.00
Tax Preparation $ 500.00 $ 500.00
Secretary of State $ 75.00 $ 75.00
Program Management $ 8,000.00 $ 48,000.00
Merchant Services
Fees $ 360.00 $ 360.00
Total Professional
Fees $ 11,350.00 $ 51,350.00
2021 Actual 2022 Budget
Office Supplies, Postage. Telephone:

Office Supplies $ 500.00 $ 600.00
Postage $ - $ -
Total Miscellaneous $500.00 $ 600.00
2021 Actual 2022 Budget
Insurance:

Insurance $ 2,778.00 $3,386.00
Total Insurance $ 2,778.00 $3,386.00
North Texas Street Business Accociation 2022 Budget
Expenses
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2021 Actual 2022 Budget
Marketing:
logo Design $750.00 $ -
Website Set-up and
Domain's $ - $ 1,533.00
Shirts & Name Tags $ - $ 800.00
Chamber Conf Room
Tech Marketing $ 2,500.00
Total Marketing $750.00 $ 4,833.00
Total Annual Expense $ 15,378.00 $ 60,169.00
Total Net Operating
Income $ 22,183.00 $ 70,297.00
Estimated Carry Over $ 5,297.00 $ 10,128.00
Totals:

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2022 Actual 2023 Budget
Income:

Assessments $ 58,000.00 $ 58,000.00
Carry over Includes
2021 assessment
collected in 2022
$ 49,709.73 $ 62,488.22
Total Income: $ 107,709.73 $ 120,488.22
2022 Actual 2023 Budget
Professional Fees:

Bookeeping $ 2,659.44 $ 2,659.44
Tax Preparation $ 440.00 $ 440.00
Secretary of State $ 75.00 $ 75.00
Program Management $ 32,000.00 $ 48,000.00
Merchant Services
Fees $ - $ 360.00
Total Professional
Fees $ 35,174.44 $ 51,534.44
2022 Actual 2023 Budget
Office Supplies, Postage. Telephone:

Office Supplies $ - $ 1,500.00
Postage $ - $ -
Total Miscellaneous $500.00 $ 1,500.00
2022 Actual 2023 Budget
Insurance:

Insurance $ 3,386.00 $3,386.00
Total Insurance $ 3,386.00 $3,386.00
North Texas Street Business Accociation 2023 Budget
Expenses
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2022 Actual 2023 Budget
Marketing:

Logo Compleation $425.00 $ -
Website and Domain's $ 1,533.00 $ 1,533.00
Shirts, Name Tags &
Other Marketing
Paraphernalia $ -
$ 2,500.00
Chamber Conf Room
Tech Marketing $ 2,500.00 $ -
Total Marketing $4,458.00 $ 4,033.00
Total Annual Expense $ 43,518.44 $ 60,453.44
Total Net Operating
Income $ 107,709.73 $ 120,488.22
Estimated Carry Over $ 64,191.29 $ 60,034.78
Totals:

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2023 Actual 2024 Budget
Income:

Assessments $ 58,000.00 $ 53,558.02
Carry over as of 12-31-
22 (Includes 2021
assessment collected
in 2022.)
$ 55,692.64 $ 52,237.66
Total Income: $ 113,692.64 $ 105,795.68
2023 Actual 2024 Budget
Professional Fees:

Bookeeping $ 2,659.44 $ 3,500.00
Tax Preparation $ 440.00 $ 440.00
Secretary of State $ - $ 75.00
Program Management $ 49,600.00 $ 50,400.00
Bank Services Charges $ 36.00 $ 36.00
Dues & Subscriptions $ 375.00 $ 375.00
Total Professional
Fees $ 53,110.44 $ 54,826.00
2023 Actual 2024 Budget
Savings (Reserves):

Savings Reserves: $ - $ 25,000.00
Total Miscellaneous $ - $ 25,000.00 2023 Actual 2024 Budget
Office Supplies, Postage. Telephone:

Office Supplies $ - $ -
Postage $ - $ 500.00
Total Miscellaneous $ - $ 500.00 North Texas Street Business Accociation 2024 Budget
Expenses
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2023 Actual 2024 Budget
Event Costs:

National Night Out
Kettle Corn $ 350.00 $ 350.00
Business Watch Lunch $ 137.09 $ 600.00
2024 Major Event $ - $ 10,000.00
Total Miscellaneous $ 487.09 $ 10,950.00
2023 Actual 2024 Budget
Insurance:

Insurance $ 3,028.00 $3,028.00
Total Insurance $ 3,028.00 $3,028.00
2023 Actual 2024 Budget
Marketing:

Branded Tent & Table
Cover $2,473.47 $ -
Website and Domain's $ 1,385.98 $ 1,403.86
Shirts, Name Tags &
Other Marketing
Paraphernalia $ 970.00 $ -
Total Marketing $4,829.45 $ 1,403.86
Total Annual Expense $ 61,454.98 $ 95,707.86
Total Net Operating
Income $ 113,692.64 $ 105,795.68
Estimated Carry Over $ 52,237.66 $ 10,087.82
Totals:

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Agenda Item No: 14.

AGENDA REPORT
DATE:March 5, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
First Reading and Introduction of Ordinance 202402 of the City Council of the City of Fairfield Amending Section 25.28.5 of Chapter 25, Article I of the Municipal Code, Also Known as the Zoning Ordinance, to Permit Selected Industrial Business Park Uses for Office Commercial – North Cordelia Zoned Properties South of Business Center Drive and Establish Certain Design and Operating Standards
Or;
Second Reading and Adoption of Ordinance 202401 of the City Council of the City of Fairfield Amending Section 25.28.5 of Chapter 25, Article I of the Municipal Code, Also Known as the Zoning Ordinance, to Permit Selected Industrial Business Park Uses for Office Commercial – North Cordelia Zoned Properties South of Business Center Drive and Establish Certain Design and Operating Standards
RECOMMENDED ACTION
Hold public hearing; waive full reading, read by title only, and introduce an ordinance for first reading. or
Provide a second reading and adopt Ordinance 202401.

STATEMENT OF ISSUE
On behalf of Eastbourne Investments LTD, applicant Jose McNeill requests an amendment to the Zoning Ordinance’s Section 25.28.5: North Cordelia (NC) Overlay District. The proposed action expands the list of permitted uses for properties south of Business Center Drive with Office Commercial zoning. Based on previous input from the City Council and Planning Commission, the ordinance establishes limits on large truck operations and limits building improvements that would serve them. The March 5, 2024, public hearing follows up on a previous hearing on January 16, 2024. It is intended to describe the Planning Commission’s recommendation on the item more fully and to allow the council to consider an ordinance that implements the Planning Commission’s recommendation.

Packet Page 178 of 202

DISCUSSION
Background:

In October 2022, the project applicant submitted a request to expand permitted uses for a vacant office building at 5253 Business Center Drive adjacent to Costco. The site is currently zoned “Office Commercial” (CO), which allows a range of office and commercial uses. The applicant requests to allow industrial uses typical for the “Industrial Business Park” (IBP) zone. The council held a public hearing on the item on March 21, 2023. The council continued the item without action to consider the request at the discussion of the General Plan Update’s vision for all of North Cordelia.

The council discussed its vision for North Cordelia at a study session on September 12, 2023, and provided directions regarding the applicant’s request for various industrial uses. At that meeting, the council indicated support for expanding the set of permitted uses for the site to include a range of IBP activities and some manufacturing but not warehouses. They also expressed opposition to trucks at this location. The council then directed staff to return with a Zoning Amendment.

Following council direction, staff reviewed various options for implementing the applicant’s request.

With the applicant’s concurrence, staff concluded that the most straightforward approach was to amend an overlay zone throughout North Cordelia. The “North Cordelia” (NC) Overlay provides a set of special regulations, in addition to underlying zoning regulations, for land in Cordelia north of I80.

The amendment does not change the site’s underlying CO zoning. Instead, it amends the NC Overlay to add, as permitted activities, selected IBP uses for COzoned properties south of Business Center Drive, west of Green Valley Road. This range includes the applicant’s 5253 Business Center Drive property and a matching building next door at 5251 Business Center Drive. The allowed uses include Limited Manufacturing (the City’s “light industrial” use category) and prohibits warehousing as a primary activity. In addition to expanding allowed uses, the amendment provides various restrictions to implement the council’s concerns about truck traffic, including specific restrictions on installing rollup doors and truck docks and restrictions on hours that large trucks can access sites with CO zoning.

Ordinance 202401:

The Planning Commission held a public hearing on December 13, 2023, reviewed the initial overlay proposal amendment (Attachment 2) with a staff recommendation to approve. Various portions of the ordinance were intended to allow light manufacturing activities but adhered to the opposition expressed by council members regarding trucks in September 2023. Specifically, the staff recommendation allowed for rollup doors to be installed to minimize visibility from the street but prohibited the installation of more elaborate truck docks. Truck docks, often depressed below grade, allow trucks to back up to the building and facilitate more accessible and faster loading and unloading. Staff found its recommendation to prohibit these facilities was consistent with the council's direction to exclude, where possible, trucks from accessing the site.

Following the public hearing and deliberations, the Planning Commission made one change to the staff proposal. The Planning Commission recommended the ordinance allow for the installation of up to four truck docks in a location not visible from the street. The Planning Commission’s reasoning for this recommendation, consistent with the applicant’s input at the hearing, was that light manufacturing activities typically include truck operations. Building improvements should facilitate trucks if the intent is to allow light manufacturing at the site. The Planning Commission felt that a small number of truck docks – four – was a reasonable balance between competing desires.

Ordinance 202402:

Staff presented Ordinance 202401 to the council on January 16, 2024; which precluded all truck docks.

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Ordinance 202402:

Staff presented Ordinance 202401 to the council on January 16, 2024; which precluded all truck docks.

The council unanimously approved the first reading of Ordinance 202401 (Attachment 2). Following the meeting, however, staff concluded the agenda report and Ordinance 202401 did not sufficiently describe and include the Planning Commission’s complete recommendation to allow four (4) truck docks. The March 5, 2024, public hearing is intended to fully explain the commission’s recommendation for the four (4) truck docks and present it to the council as detailed in Ordinance 202402 (Attachment 1). The staff recommends the council adopt this ordinance.

Options to approve zoning changes:

The council meeting on March 5, 2024, will consider either a second reading and adoption of Ordinance 202401 or introduce proposed Ordinance 202402 (Attachment 1).

1. Council members may follow the staff’s new recommendation to adopt Ordinance 202402 with the Planning Commission’s recommendation to allow up to four truck docks on a building. To do this, they will need to take action to counter their approval of the first reading of Ordinance 202401 that prohibits truck docks outright.

To follow this recommendation, a motion will need to be made to take two separate actions: 1) Deny the second reading and adoption of Ordinance 202401 (Attachment 2), and 2) Approve the first reading and introduction of the Ordinance 202402 (Attachment 1).

2.Council members may approve the second reading and adoption of Ordinance 202401 originally considered at the January 16th meeting prohibiting truck docks outright.

To take this action, a motion will need to be made to take two separate actions: 1) Deny the first reading of the Ordinance 202402 (Attachment 1), and 2) Approve the second reading and adoption of Ordinance 202401 (Attachment 2).

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The public hearing notices were published in the Daily Republic newspaper on January 5, 2024, and February 23, 2024.

At their meeting on December 13, 2024, the Planning Commission supported the proposed list of additional uses, restrictions on hours for truck operations, and most design standards. On a 52 vote, the Planning Commission approved Resolution PC202314 recommending these items, with one change to the staff recommendation. The change would allow up to four truck docks.

ALTERNATIVE ACTION
In addition to the options described earlier to approve zoning changes for the site, the council could consider other choices. These include 1) denying all proposed ordinances, making no changes to site zoning, or 2) modifying any of the proposed regulations.

The applicant seeks to allow the more intense “medium manufacturing” activity to the list of allowed uses, with no design and regulations, and indicates that he would like to install as many as six truck docks in his building. The Planning Commission and staff do not support these changes. The staff is concerned about ensuring compatibility of manufacturing uses with housing across Business Center Drive. Staff also opposes removing design standards, in order to ensure that, if the buildings are torn down or modified, the site will retain the more detailed office and retail character along this stretch of Packet Page 180 of 202

Agenda Item No: 14.AGENDA REPORTDATE:March 5, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andFirst Reading and Introduction of Ordinance 202402 of the City Council of the City ofFairfield Amending Section 25.28.5 of Chapter 25, Article I of the Municipal Code, AlsoKnown as the Zoning Ordinance, to Permit Selected Industrial Business Park Uses forOffice Commercial – North Cordelia Zoned Properties South of Business Center Driveand Establish Certain Design and Operating StandardsOr;Second Reading and Adoption of Ordinance 202401 of the City Council of the City ofFairfield Amending Section 25.28.5 of Chapter 25, Article I of the Municipal Code, AlsoKnown as the Zoning Ordinance, to Permit Selected Industrial Business Park Uses forOffice Commercial – North Cordelia Zoned Properties South of Business Center Driveand Establish Certain Design and Operating StandardsRECOMMENDED ACTIONHold public hearing; waive full reading, read by title only, and introduce an ordinance for first reading.orProvide a second reading and adopt Ordinance 202401.STATEMENT OF ISSUEOn behalf of Eastbourne Investments LTD, applicant Jose McNeill requests an amendment to theZoning Ordinance’s Section 25.28.5: North Cordelia (NC) Overlay District. The proposed actionexpands the list of permitted uses for properties south of Business Center Drive with OfficeCommercial zoning. Based on previous input from the City Council and Planning Commission, theordinance establishes limits on large truck operations and limits building improvements that wouldserve them. The March 5, 2024, public hearing follows up on a previous hearing on January 16, 2024. Itis intended to describe the Planning Commission’s recommendation on the item more fully and to allowthe council to consider an ordinance that implements the Planning Commission’s recommendation.DISCUSSIONBackground:In October 2022, the project applicant submitted a request to expand permitted uses for a vacant officebuilding at 5253 Business Center Drive adjacent to Costco. The site is currently zoned “OfficeCommercial” (CO), which allows a range of office and commercial uses. The applicant requests toallow industrial uses typical for the “Industrial Business Park” (IBP) zone. The council held a publichearing on the item on March 21, 2023. The council continued the item without action to consider therequest at the discussion of the General Plan Update’s vision for all of North Cordelia.The council discussed its vision for North Cordelia at a study session on September 12, 2023, andprovided directions regarding the applicant’s request for various industrial uses. At that meeting, thecouncil indicated support for expanding the set of permitted uses for the site to include a range of IBPactivities and some manufacturing but not warehouses. They also expressed opposition to trucks at thislocation. The council then directed staff to return with a Zoning Amendment.Following council direction, staff reviewed various options for implementing the applicant’s request.With the applicant’s concurrence, staff concluded that the most straightforward approach was to amendan overlay zone throughout North Cordelia. The “North Cordelia” (NC) Overlay provides a set of specialregulations, in addition to underlying zoning regulations, for land in Cordelia north of I80.The amendment does not change the site’s underlying CO zoning. Instead, it amends the NC Overlay toadd, as permitted activities, selected IBP uses for COzoned properties south of Business CenterDrive, west of Green Valley Road. This range includes the applicant’s 5253 Business Center Driveproperty and a matching building next door at 5251 Business Center Drive. The allowed uses includeLimited Manufacturing (the City’s “light industrial” use category) and prohibits warehousing as a primaryactivity. In addition to expanding allowed uses, the amendment provides various restrictions toimplement the council’s concerns about truck traffic, including specific restrictions on installing rollupdoors and truck docks and restrictions on hours that large trucks can access sites with CO zoning.Ordinance 202401:The Planning Commission held a public hearing on December 13, 2023, reviewed the initial overlayproposal amendment (Attachment 2) with a staff recommendation to approve. Various portions of theordinance were intended to allow light manufacturing activities but adhered to the opposition expressedby council members regarding trucks in September 2023. Specifically, the staff recommendationallowed for rollup doors to be installed to minimize visibility from the street but prohibited the installationof more elaborate truck docks. Truck docks, often depressed below grade, allow trucks to back up tothe building and facilitate more accessible and faster loading and unloading. Staff found itsrecommendation to prohibit these facilities was consistent with the council's direction to exclude, wherepossible, trucks from accessing the site.Following the public hearing and deliberations, the Planning Commission made one change to the staffproposal. The Planning Commission recommended the ordinance allow for the installation of up to fourtruck docks in a location not visible from the street. The Planning Commission’s reasoning for thisrecommendation, consistent with the applicant’s input at the hearing, was that light manufacturingactivities typically include truck operations. Building improvements should facilitate trucks if the intent isto allow light manufacturing at the site. The Planning Commission felt that a small number of truck docks– four – was a reasonable balance between competing desires.Ordinance 202402:Staff presented Ordinance 202401 to the council on January 16, 2024; which precluded all truck docks.The council unanimously approved the first reading of Ordinance 202401 (Attachment 2). Following themeeting, however, staff concluded the agenda report and Ordinance 202401 did not sufficientlydescribe and include the Planning Commission’s complete recommendation to allow four (4) truckdocks. The March 5, 2024, public hearing is intended to fully explain the commission’s recommendationfor the four (4) truck docks and present it to the council as detailed in Ordinance 202402 (Attachment1). The staff recommends the council adopt this ordinance.Options to approve zoning changes:The council meeting on March 5, 2024, will consider either a second reading and adoption ofOrdinance 202401 or introduce proposed Ordinance 202402 (Attachment 1).1. Council members may follow the staff’s new recommendation to adopt Ordinance 202402 with thePlanning Commission’s recommendation to allow up to four truck docks on a building. To do this, theywill need to take action to counter their approval of the first reading of Ordinance 202401 that prohibitstruck docks outright.To follow this recommendation, a motion will need to be made to take two separate actions: 1) Deny thesecond reading and adoption of Ordinance 202401 (Attachment 2), and 2) Approve the first readingand introduction of the Ordinance 202402 (Attachment 1).2.Council members may approve the second reading and adoption of Ordinance 202401 originallyconsidered at the January 16th meeting prohibiting truck docks outright.To take this action, a motion will need to be made to take two separate actions: 1) Deny the firstreading of the Ordinance 202402 (Attachment 1), and 2) Approve the second reading and adoption ofOrdinance 202401 (Attachment 2).FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe public hearing notices were published in the Daily Republic newspaper on January 5, 2024, andFebruary 23, 2024.At their meeting on December 13, 2024, the Planning Commission supported the proposed list ofadditional uses, restrictions on hours for truck operations, and most design standards. On a 52 vote,the Planning Commission approved Resolution PC202314 recommending these items, with onechange to the staff recommendation. The change would allow up to four truck docks.ALTERNATIVE ACTIONIn addition to the options described earlier to approve zoning changes for the site, the council couldconsider other choices. These include 1) denying all proposed ordinances, making no changes to sitezoning, or 2) modifying any of the proposed regulations.The applicant seeks to allow the more intense “medium manufacturing” activity to the list of alloweduses, with no design and regulations, and indicates that he would like to install as many as six truckdocks in his building. The Planning Commission and staff do not support these changes. The staff isconcerned about ensuring compatibility of manufacturing uses with housing across Business Center Drive. Staff also opposes removing design standards, in order to ensure that, if the buildings are torn down or modified, the site will retain the more detailed office and retail character along this stretch of Business Center Drive. Finally, the staff concurs with the Planning Commission’s recommendation of four docks as a sufficient balance between the need for trucks to support industrial activities and the council’s concern about introducing additional trucks west of Green Valley Road.

STAFF CONTACT
David Feinstein, Planning Division Manager
(707) 4287448
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Attachment 1: Proposed Ordinance
Attachment 2: Ordinance 202401
Attachment 3: Comparison of Alternatives
Attachment 4: Planning Commission Resolution PC202314, Staff Report from December 13, 2023 Meeting
REVIEWERS:

Reviewer Action Date
Zellers, David Approved 2/22/2024 1:10 PM
Dombrowski, Delaney Approved 2/22/2024 1:14 PM
Dombrowski, Delaney Approved 2/22/2024 1:15 PM
Packet Page 181 of 202

CITY OF FAIRFIELD

ORDINANCE NO. 2024-02

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING SECTION 25.28.5 OF CHAPTER 25, ARTICLE I OF THE MUNICIPAL CODE, ALSO KNOWN AS THE ZONING ORDINANCE, TO PERMIT SELECTED INDUSTRIAL BUSINESS PARK USES FOR OFFICE COMMERCIAL – NORTH

CORDELIA ZONED PROPERTIES SOUTH OF BUSINESS CENTER DRIVE AND ESTABLISH CERTAIN

DESIGN AND OPERATING STANDARDS

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

SECTION 1. Statement of Intent

A. The City has adopted a Zoning Ordinance to address development, consistent with the Fairfield General Plan and city policy.

B. On December 13, 2023, the Planning Commission was presented with the revisions to the Zoning Ordinance as contained herein and, after holding a duly noticed public hearing, voted to recommend that the City Council approve the proposed insertion.

C. The City has held a duly noticed public hearing on the proposed revisions to the Zoning Ordinance in accordance with the rules and regulations regarding such.

SECTION 2. Chapter 25, Article I, Section 25.28 Overlay Zoning Districts is hereby amended as follows:

25.28.5 North Cordelia (NC) Overlay District
A. Purpose and intent. The initial purpose and intent of the North Cordelia Overlay District (NC) is to implement the Green Valley Settlement Agreement (GVSA). In 2024, the NC Overlay District was revised to expand the set of allowable uses and establish certain design standards for Office Commercial (CO) zoned properties south of Business Center Drive.

B. Applicability and expiration. The NC Overlay District is applied to all properties within the City located north of Interstate 80 and west of Suisun Valley Road in Cordelia, as identified on the Zoning Map.

Packet Page 182 of 202Attachment 1 Page 1 of 4

ORD. NO. 2024-02

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Fairfield City CouncilMarch 5, 2024

Fairfield City Council
March 5, 2024