Agenda, first session — Fairfield City Council, August 20, 2024 (part 2 of 4)

PASSED AND ADOPTED this 20th day of August 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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Docusign Envelope ID: 1 A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E

CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR WATER FACILITIES
THIS AGREEMENT is made at Fairfield, California, as of _, 2024, by and between the City of Fairfield, a municipal corporation ("CITY") and Cagwin & Dorward, LLC ("CONTRACTOR"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to the CITY the services described in Exhibit "A." CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit "A." 2) PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." CONTRACTOR's proposal is incorporated for reference in Exhibit "B-1."
3) FACILITIES AND EQUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services· pursuant to this Agreement.
4) GENERAL PROVISIONS. The general provisions set forth in the City of Fairfield Standard Specifications and Details, latest edition and Exhibit "C" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control.
6) BUSINESS LICENSE. The CONTRACTOR 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 CONTRACTOR. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at www.fairfield.ca.gov/biz 7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect from September 1, 2024, through December 31, 2025. This Agreement may be extended for up to two (2) additional terms of up to twenty- four (24) months each term with negotiated terms and conditions including a negotiated I
Rev. 01/26/2024
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Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E co m p e n satio n ad ju stm en t no t to exceed the Ju ne San Fran cisco-O akland-H ayw ard Co nsum er Price In d e x fo r U rb an W ag e Ea rn ers and Cle ric al W o rkers (no t seaso nally adjusted fo r all ite m s) up o n m utual w ritten A greem e nt of both parties. 9) W h e re ap p licab le, ve h icle s w ith a G V W R greater than 8,50 0 lbs. and light-du ty package de live ry ve hicl es o perate d in Califo rn ia m ay be subject to the Califo rn ia A ir Resources Bo ard A dv an ce d C lean Fle e ts reg ulatio n s. Such vehicl es m ay the refo re be subject to req u irem ents to red u ce em issio n s of air po llutants. Fo r m o re info rm atio n, please visit the CA RB A dvan ced C le an Fle e ts w eb page at https://ww2.arb.ca.qov/our-work/proqrams/advanced-clean- f/eets
10 ) A M EN D M EN T S TO SC O PE O F W O R K. N o tw ithstand ing the abo ve, at the ap p ro val of the Pu b lic W o rks D ire cto r or de sign e e , CIT Y and CO N T R A C TO R m ay m utually agree in w riting to m o d ify th e Sco p e of W o rk set fo rth in Exh ibit "A " in orde r to ad d ress the changing landscaping service ne e d s of C IT Y; ho w eve r, su ch m o dificatio n shall no t increase the no t-to -exceed am o unt of th e A G R EEM EN T set fo rth in Exhibit "B ."

EX EC U T ED as of the da y fi rst abo ve-stated.

City of Fairfi eld, a m un ici pal corpo ratio n
By: _
D avid G assaw ay, City M anager
Cagw in & D o rw ard, LLC
1e oss, Controller
2 Rev. 01/26/2024
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Docusign Envelope ID: 1A7F2758-F2B8-40OF-AC7F-9B0F37F60E3E EXHIBIT "A"

SCOPE OF SERVICE

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES
CITY desires to contract for landscape maintenance services at the following:

North Bay Regional Water Treatment Plant; Waterman Water Treatment Plant; Eastridge Reservoir; Southbrook Pump Stations 1 & 2; Rancho Solano Pump Station; Goldridge Pump Station

2. DESCRIPTION OF SERVICES
The following is a brief description of the improvements to be maintained:

1. North Bay Regional Water Treatment Plant, 5110 Water Works Lane.

Contract includes the interior fenced site and roadside along Water Works Lane.

2. Waterman Water Treatment Plant, 2900 Vista Grande.

Contract includes the interior fenced site and entrance off of Vista Grande.

3. Eastridge Reservoir, Located along Bayridge Drive and Bridleridge Drive Contract includes the entire reservoir site, pump station and maintenance along all facility roadways.

4. Southbrook Pump Station #1, Gold Hill Road.

Contract includes landscape maintenance around the building, access drive and along the roads.

5. Southbrook Pump Station #2, Stockbridge Drive.

Contract includes landscape maintenance around the building, along the pathway, access drive and roadside.

6. Rancho Solano Pump Station, along Oakland Hills Drive.

Contract includes landscape maintenance around the building and along the roadside.

7. Gold ridge Pump Station, Peabody Road
Contract includes landscape maintenance around the building outside the fence. 3 Rev.01/26/2024
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Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E A. Lawn Care and Hard Fescue Care
CONTRACTOR shall maintain all lawn and Hard Fescue areas on the sites covered by this agreement in a healthy, growing condition by performing the following operations and other work incidental hereto.

I. Aeration
a. Lawn and Hard Fescue (no-mow Fescue) areas shall be aerated once each year. b. Aeration shall be done more frequently if necessary to maintain good water penetration.
c. All sprinkler heads, quick couplers and other hard to see features within the lawn shall be flagged prior to aeration.
d. A coring tine aerator (plugger) shall be used.
e. Multiple passes shall be made with the aerating device to ensure that holes are no more than six (6) inches apart.
f. Tines shall penetrate at least 2 ½ inches deep. Plug removal is not necessary.

II. Mowing
a. CONTRACTOR shall maintain turf with a consistent green appearance and healthy growing condition reasonably free of weeds.
b. Lawns shall be mowed once every week, unless otherwise specified, to maintain a neat, trim appearance.
c. CONTRATOR will remove all litter, branches and debris from each lawn area prior to mowing.
d. Turf height shall be maintained at 3-inches during the summer and 2 ½ inches during the winter.
e. Mowing directions shall be periodically alternated.
f. "Scalping" of turf will not be permitted.
g. Tufts of grass in corners or other areas that cannot be reached by a mower shall be mowed with a monofilament line trimmer.
h. CONTRACTOR may choose to use mulching blades on mowers; however, all excessive mowed clippings (as determined by the CITY) shall be removed from the job site on the same day.
i. Mowing schedules shall be coordinated with the CITY. j. Any damage to the turf caused by a mower shall be the responsibility of the CONTRACTOR to make the repairs to the satisfaction of the CITY.

Ill. Edging
a. Lawn edging will be performed with every other mowing. b. Edging of Hard Fescue (no-mow Fescue) will be performed as needed to keep a neat, trim appearance.
c. Lawn edging against paved areas, around valve boxes and around other utility structures shall be kept neatly edged.
d. Edges against fences and walls within our designated landscape areas shall be sprayed, maintaining a 4-inch vegetation-free band.
e. V-ditches bordering turf areas shall be edged.

IV. Blowing and Raking
a. All hardscapes surfaces shall be blown free of clippings after every mowing and 4 Rev.01/26/2024
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Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E edging.
b. Surfaces shall be blown free of leaf litter and other debris on an as-needed basis. c. All planter beds shall be blown or raked clear of all leaf litter: leaf litter shall be removed from the site on service days on an as-needed basis.

V. Tree Wells
a. Tree wells in lawn areas shall be maintained reasonably free of turf and weeds at all times.

VI. Pest Control in Lawn Areas and Hard Fescue (no-mow Fescue) Areas a. Lawn areas shall be kept reasonable free of weeds.
b. CONTRACTOR shall exercise extreme care in the use of herbicides and insecticides to avoid harm to non-target plants, as well as non-target insects, such as bees.

VII. Irrigation
a. Over-watering or under-watering, for whatever reason, must be corrected immediately upon notification.
b. Some landscape area irrigation systems operate under CITY's central irrigation (computerized) system; contact the CITY for programming requests in those areas. c. Watering times shall begin after 9 pm and be completed before 6 am, wherever possible.
d. Irrigation controllers shall use repeat cycling where possible to allow water to soak in and prevent runoff or ponding.

VIII. Fertilization Applications
a. Turf will be fertilized one time per year at a minimum. b. Fertilizer selection must be approved by CITY.

IX. Hard Fesue (no-mow) Sead Head Removal
a. CONTRACTOR shall remove the seed heads from Hard Fesue (no-mow fescue) as needed.
b. Seed heads will be removed form the site after cutting.

B. Tree Care
CONTRACTOR shall be responsible for all tree maintenance up to 15 feet.

I. Pruning
a. Trees shall be pruned to maintain a neat, trim appearance and provide clearances listed below.
b. CONTRACTOR shall ensure that only professionally qualified personnel using approved methods and techniques perform pruning.
c. International Society of Arboriculture (ISA) pruning standards shall be used. d. Excessive pruning or stubbing back shall not be permitted. e. All pruning cuts shall maintain the branch bark ridge and shall be cleanly cut with no tearing of the bark. No flush cuts shall be permitted.
f. When directed by the CITY, CONTRACTOR shall prune trees away from neighboring residential and commercial properties.
g. Lower branches overhanging walkways or paths shall be raised to a height of eight (8) feet or as directed by the CITY.
h. Lower branches overhanging streets or driveways shall be raised to a height of 5 Rev.01/26/2024
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Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E fifteen (12) feet or as directed by the CITY.
i. Suckers, watersprouts and other undesirable growth shall be removed.

II. Staking and Guying
a. CONTRACTOR shall maintain stakes and guys and inspect two times (2X) per year and adjust as needed.
b. CONTRACTOR shall remove stakes that are no longer needed by the trees with sufficient trunk caliper, upon approval from the CITY.

C. Shrub and Ground Cover Care
I. Shrub Pruning
a. Shrubs shall be pruned to maintain a next, trim appearance. CONTRACTOR may be required to prune more frequently if shrub growth encroaches on walkways, streets or signs or encumbers visibility.
b. Shrubs, when sheared, shall be tapered back to form a natural appearance; vertical edges shall not be allowed.
c. Shrubs and ground cover will be pruned to prevent encroachment on walkways, paths, curbs, paved areas and fence lines. Shrubs and ground cover shall be maintained inside the edges of curbs or planter bed borders. d. Shrubs and ground cover shall be pruned to remove all dead or damaged growth.

II. Ground Cover Pruning
a. Ground Cover shall be edged as needed for a neat, trim appearance. CONTRACTOR may be required to prune more frequently if ground cover growth encroaches on walkways or streets.
b. Ground cover, such as ivy will not be allowed to grow/spread onto trees, walls, fences, buildings and other amenities.

Ill. Fertilization of Shrub Beds and Ground Cover Areas a. CONTRACTOR shall apply a slow-release complete fertilizer at a rate of b. two (2) pounds per 1,000 square feet per year. Fertilizer type will be approved by the CITY.

IV. Pest Control in Shrub Beds and Ground Cover Areas
a. Planter beds and ground cover areas shall be kept reasonably free of weeds. b. CONTRACTOR must provide prior notification of planned pesticide applications in order to receive credit for the work.
c. Snails and slugs shall be controlled with the use of approved metaldehyde snail bait.

D. Irrigation System
I. General
a. Throughout the term of this agreement the Contractor shall provide labor, equipment and materials for the repair of irrigation system components including sprinkler heads, emitters and risers (above T). See Irrigation Start Up Addendum B. b. Before beginning these maintenance program operations under the provisions of this agreement, CONTRACTOR shall inspect all installed irrigation systems on the site(s) covered by this agreement and shall report damage or malfunction of any system to the CITY.
6 Rev.01/26/2024
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Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E c. It is CITY's objective to actively pursue water conservation within the maintenance program. CONTRACTOR should expect the administration of the irrigation specifications to be closely monitored. The irrigation system shall be adjusted as necessary to prevent overspray onto paved areas and runoff down the gutters.

Multiple repeat cycles shall be utilized as needed to provide best irrigation efficiency. d. CITY may, at its option, perform repairs in-house.

Saturdays, Sundays, afternoons and early evening are the high public use times.

Watering will typically not be allowed Fridays at 7:00 a.m. though Sundays at 9:00 p.m. There may be exceptions that occur from changing weather conditions or to accommodate a special event schedule. Irrigation schedules shall be coordinated with the CITY.
c. Drip irrigation systems may be operated during the day. d. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences and other property that may be damaged by water.
e. CONTRACTOR will perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 15th. This date may be delayed by the CITY due to weather.

Ill. Irrigation Repairs
a. CONTRACTOR will have a qualified employee visually check each irrigation controller and activate all stations on every controller each month. Full irrigation checks shall be two times (2X) per year.

E. Fertilizer Standards
I. General
a. CITY staff will be the final authority for type and quantity of fertilizer to be applied. b. A balanced slow-release fertilizer with micro-nutrients will be the minimum requirement
c. CONTRACTOR must provide prior notification of planned fertilizer applications in order to receive credit for the application.

F. Pest Management
I. Laws and Regulations
a. CONTRACTOR shall comply with all Federal, State and local laws and regulations governing the use of chemicals for the control of weeds, diseases and pests, including obtaining all the required permits and licenses for the possession and use of pesticides.
b. CONTRACTOR shall register with the Solano County Department of Agriculture and shall obtain a Solano County Operator Identification Number for each year of the contract. CONTRACTOR will furnish the CITY with a copy of each year's Solano County registration documents with the Operator Identification Number. c. Written recommendations from a licensed Pest Control Advisor will be required for all pesticide applications. A copy of these recommendations shall be made available 7 Rev.01/26/2024
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Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E to the CITY for approval prior to any work.
d. CONTRACTOR shall permit pesticide applications to be done only by qualified, trained personnel under the supervision of a State licensed pest control operator or certified applicator using recognized and approved materials and methods. e. Employee pesticide training shall comply with the training regulations established by the California Department of Pesticide Regulation.
f. Use of aquatic pesticides, where applicable, shall comply with NPDES and California Department of Fish and Game regulations and must be approved in advance by the CITY.

II. General
a. All pesticides must be approved in advance by the CITY. b. CONTRACTOR will notify the CITY prior to all scheduled pesticide applications and will not receive credit for required applications if such notification has not been provided.

Ill. Integrated Pest Management
a. CONTRACTOR shall be provided with a copy of the City of Fairfield Integrated Pest Management (1PM) Policy and shall adhere to the practices contained within the Policy.
b. Extremely toxic materials, such as Category I pesticides shall not be used.

G. General Maintenance and Cleanup
I. General
a. CONTRACTOR shall collect all mowed grass, clippings, trimmings, cuttings, rubbish and debris at each site covered by this agreement and shall remove the same promptly from each site and dispose of same in a lawful manner at CONTRACTOR's expense.
b. All areas shall be kept free of leaves, pine needles, litter, including broken glass or other such debris. All broken glass shall be immediately removed when discovered. c. CONTRACTOR shall keep all cracks and seams in sidewalks, curbs, street gutters and other paved areas free of weeds.
d. CONTRACTOR shall keep sidewalks and paved areas swept and cleaned of any dirt or soil that might be washed from adjacent slopes or planted areas. e. Worksites shall be left orderly and neat upon completion of work for that particular work day.
f. Parks are subject to scheduled group activities. When notified of such planned activities CONTRACTOR shall arrange his site visits to create the least impact on the group activity. Planned group activities may require CONTRACTOR to occasionally make changes to mowing and irrigation schedules and arrange for additional trash pickup.

Ill. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass and prunings. 8 Rev. 01/26/2024
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Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E H. Miscellaneous Facilities
General - the items listed below are considered routine maintenance and therefore will not be considered extra work.

I. Drainage System Areas
a. All surface drainage systems on the properties for purposes of rain water or irrigation water collection, whether surface swales, trench drains, V-ditches, catch basins and gutters shall be maintained in a clean condition free of debris, cattails and similar marsh plants, erosion waste, weeds or any blockage.
b. Gutters and curb way aprons that border the park entrance shall be kept clean of weeds and gardening debris.
c. CONTRACTOR shall prevent any material created as a result of his activities from entering the storm drain system. The storm drain system includes, but is d. not limited to, the gutter, the roadway, V-ditches, catch basins, creeks, and any underground storm water conduit. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work. e. All concrete-lined V-ditches within the contract area shall be kept clean and clear at all times.
f. CONTRACTOR will be responsible for weed control at the North Bay Water Treatment Plant in all gravel areas including solar fields, cattails in ditches, and three feet of shoulder on each side of roadways within the plant. Gravel areas shall be weed free at all times.

II. Erosion Control
a. CONTRACTOR shall not be responsible for structural maintenance or repair or replacement of swales and drain lines except for such structural maintenance, repair or replacement resulting from damage caused by the Contractor or his agents. b. Erosion resulting from major storm damage that requires major slope reconstruction and/or installation of additional drainage facilities shall be the responsibility of others.

Ill. Sidewalks and Driveways
a. Debris and silt shall be removed on service days from sidewalks, gutters, and driveways.

IV. Parking Lots
a. CONTRACTOR will blow off the parking lots at least once per week. CONTRACTOR will not allow debris to accumulate in the corners of the parking lot. b. CONTRACTOR will ensure that the surface drains in the parking lots are kept clear. 9 Rev.01/26/2024
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Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E

ADDENDUM A
JD_ Cagwin&
Sia Dorward
U NOSC ..... PE ra ITRAr Tn p-=: • EST·• 1955
Landscape Maintenance:

1. Above T irrigation work excluding; valves, irrigation controllers, valve components, lateral line, and main lines.

2. Replacement of turf, trees, plants, and shrubs is excluded unless it has been determined that the plant expired due to vendor neglect.

3. Weed abatement at each site is included as described in the customers' original scope of work.

4. Cagwin & Dorward to remove suckers along, the entrance road at the Waterman Treatment Plant unless otherwise directed or if suckers have been fenced off and designated to remain.

5. Mature trees at the Waterman Treatment Plant will not he serviced by Cagwin & Dorward under this contract. Tree care services for mature trees can be provided as extra work. Younger trees under 15' in the area near the lagoon and reservoir to be serviced as needed lncludlnq keeping tree rings string trimmed 3' in diameter.

6. Cagwin & Dorward lo monitor lree slakes on an ongoing basis and provide up to 1·5 tree stakes per year in contract. Any additional tree stakes will be proposed on an extra work on an as- needed basis.

7. Seed heads on the no-mow fescue at the Bay Regional Water Treatment plant to be removed as needed.

8. Four-time, seasonal color added to the pots at Bay Regional Water Treatment Plant is included in the contract.

9. Full irrigation checks from the controller, including all valves, wiH be performed twice per year.

The account Manager will visually inspect irrigation as a routine part of the service .DnJ!. monthly basis.

10. Double grind arbor mulch replacement is available as an extra service including product and labor at $119 00 per cubic yard.

11. Walk--on mulch replacement is available as an extra service induding product and labor at $140 00 per cubic yarcll.
10 Rev.01/26/2024
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Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E

ADDENDUM B
■Cagwin&
~ Dorward
Above 'T' Irrigation Repairs:

Caqwln & Dorward can include above T irrigation repairs in its monthly maintenance fee under the following conditions:
• Contractor will perform an initial operational evaluation of the irrigation system as part of its monthly contract services Evaluation is limited to performance~ .and does not include in-depth troubleshooting.
• Repairs and upgrades necessary to bring a substandard system up to the level to be maintained throughout the contract term must be performed prior to inclusion of repairs under lhe monthly mainlenance fee. Such work will be performed upon customer approval as extra work, under a separate agreement.
• Minor repairs are limited to providing the labor to adjust, clean, or replace broken nozzles, heads, and risers, down to (but not inclu:cling) lateral line ~- The intent is to perform incidental repairs; upgrades or replacement of inefficient or worn out systems is extra work performed upon customer approval, under a separate agreement.
• Vandalism, accidental darnaqe (unless by Contractor), and acts of God are not covered, and repairs will be performed upon customer approval as extra work, under a separate aoreernent.
• Adjustment to irrigation systems to reduce spray onto structures or hardscape surfaces will be completed to the extent allowed by the operational capacity of existing systems. All overhead spray systems are subject to influence by wind and design limitations.
11 Rev. 01/26/2024
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Docusign Envelope ID: 1A7F2758-F288-40DF-AC7F-9B0F37F60E3E

3. MAINTENANCE SCHEDULE
Scheduled application months are subject to change due to weather and other considerations.

LAWN AREAS FREQUENCY
Leaf, litter, and trash removal Weekly
Irrigation System checks Monthly
Irrigation Repairs - minor (T-up) As Needed
Mow Weekly
Edge Bi-weekly
Spot Weed Control As Needed
Aeration Once yearly
Weed Control As Needed
Fertilization lX/year
Hard Fescue (no-mow Fescue) seed head As Needed
removal

SHRUBS AND TREES FREQUENCY
Leaf, litter and trash removal Weekly
Weed control As Needed
Shrub Pruning As Needed
Irrigation System checks Monthly
Irrigation repairs - minor (T-up) As Needed
Shrub Fertilizer Onetime (lX) per Year
Pest Control - trees to 15 feet Inspected two times (2X) per Year Tree Pruninq As Needed
Staking/Removal Inspected two times (2X) per year and adjusted or removed as needed

GROUND COVER & VINES FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Weed Control As Needed
Irrigation system checks Monthly
Irrigation repairs - minor (T-up) As Needed
Fertilize One time (lX) per Year
Pest control As Needed
Prune & Edge As Needed

PAVED AREAS FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Weed Control As Needed

SITE CONSIDERATIONS FREQUENCY
Site Inspections with CITY At least once per month
Clean V-Ditches/Drain Inlets To be kept clean
12 Rev.01/26/2024
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Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E

4. AREA MAPS INDEX
North Bay Regional Water Treatment Plant AM-2
Waterman Water Treatment AM-3
Eastridge Reservoir and Pump Station AM-4
Southbrook Pump Station 1 and 2 AM-5
Rancho Solano Pump Station AM-6
Goldridge Pump Station AM-7
13 Rev. 01/26/2024
Packet Page 171 of 634Attachment 2 Page 13 of 31

Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E North Bay Regional Water Treatment Plant
511 O Water Works Lane
AM-2
14 Rev.01/26/2024
Packet Page 172 of 634Attachment 2 Page 14 of 31

Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E W a te rm an Water Treatment Plant
2900 Vista Grande
AM-3
15 Rev.01/26/2024
Packet Page 173 of 634Attachment 2 Page 15 of 31

Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E Eastridge Reservoir and Pump Station
Corner of Bayridge Drive and Bridleridge Drive
AM-4
16 Rev.01/26/2024
Packet Page 174 of 634Attachment 2 Page 16 of 31

Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E Southbrook Pump Station 1
Along Gold Hill Road
Southbrook Pump Station 2
Stockbridge Drive
AM-5
17 Rev.01/26/2024
Packet Page 175 of 634Attachment 2 Page 17 of 31

Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E Rancho Solano Pump Station
Oakland Hills Drive
AM-6
18 Rev. 01/26/2024
Packet Page 176 of 634Attachment 2 Page 18 of 31

Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E Goldridge Pump Station
Peabody Road
AM-7
19 Rev.01/26/2024
Packet Page 177 of 634Attachment 2 Page 19 of 31

Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E EXHIBIT "B"

PAYMENT
1} The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $138,128.00 for the initial 16-month term, which is in effect September 1,2024 through December 31, 2025.
2} Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice.

Final invoice to be submitted on completion of scope of work set forth in Exhibit "A". 3) Any additional meetings or work required beyond that set forth in Exhibit "A" shall be mutually agreed to by the CITY and CONTRACTOR, and shall be billed on a time and materials basis to the City of Fairfield.
20 Rev. 01/26/2024
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Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E EXHIBIT "B-1"

WATER FACILITIES PARK BID SHEET
Item Item of Work Unit Quantity Unit Total Price
No Price

1. North Bay Regional Water Month 16 $3,595.00 $57,520.00 Treatment Plant

2. Waterman Water Month 16 $1,848.00 $29,568.00
Treatment Plant

3. Eastridge Reservoir Month 16 $1,718.00 $27,488.00

4. Southbrook Pump Station 1 Month 16 $576.00 $9,216.00

5. Southbrook Pump Station 2 Month 16 $364.00 $5,824.00

6. Rancho Solano Pump Month 16 $266.00 $4,256.00
Station

7. Goldridge Pump Station Month 16 $266.00 $4,256.00
TOTAL BID: $138,128.00
2 1
Rev.01/26/2024
Packet Page 179 of 634Attachment 2 Page 21 of 31

Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E EXHIBIT "C"

GENERAL PROVISIONS
1) INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent Contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that CONTRACTOR has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONTRACTOR to practice CONTRACTOR's profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3) TIME. CONTRACTOR shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement. CONTRACTOR shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONTRACTOR NOT AN AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6) PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7) STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All products which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. CITY shall be the sole judge as to whether the product of the CONTRACTOR is satisfactory.
22 Rev.01/26/2024
Packet Page 180 of 634Attachment 2 Page 22 of 31

Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONTRACTOR. CONTRACTOR is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONTRACTOR shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
9) PRODUCTS OF CONSULTING. All products of the CONTRACTOR created under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS. CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officers, agents, employees and volunteers from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONTRACTOR or any person directly or indirectly employed by or acting as agent for CONTRACTOR in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY, its officers, agents, employees or volunteers.

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

Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONTRACTOR from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated.
12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County. The CITY encourages an active affirmative action program on the part of its contractors, consultants and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.

Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONTRACTOR possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.
14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONTRACTOR in the amount of $600 (six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONTRACTOR is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONTRACTOR is doing business as other than a sole proprietorship, CONTRACTOR shall provide CONTRACTOR's federal tax identification number. 15) LABOR AND WAGE CODE GUIDELINES. Attention is directed to Section 1777.5 of the Labor Code as it applies to Apprenticeship Standards.

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

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

Attention is directed to the Federal Minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rates. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rates, which most closely approximates the duties of the employees in question.
24 Rev.01/26/2024
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Docusign Envelope ID: 1A7F2758-F288-40DF-AC7F-9B0F37F60E3E 16) CONTRACT BONDS (required for projects above $25k). The Contractor shall furnish two good and sufficient bonds in compliance with applicable federal and state laws. One of the bonds in the amount of one hundred percent (100%) of the contract price shall guarantee the faithful performance of the contract by the Contractor; and, in addition, by its terms, the faithful performance bond shall remain in full force and effect for a period of one (1) year from and after the completion and acceptance of said work to guarantee the repair and/or replacement of faulty workmanship and defective material. The other bond shall be a payment (labor and material) bond in the amount of one hundred percent (100%) of the contract price. Each respective bond shall be in the form set forth in the Articles of Agreement Section.

Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

The City Engineer before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds. 25 Rev.01/26/2024
Packet Page 183 of 634Attachment 2 Page 25 of 31

Docusign Envelope ID: 1A7F2758-F288-40DF-AC7F-9B0F37F60E3E EXHIBIT "D"

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

D Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$ _ D MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D Builder's Risk/ Course of Construction Insurance in the minimum amount of$ _ 3) INSURANCE PROVISIONS
a) 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:
26 Rev. 01/26/2024
Packet Page 184 of 634Attachment 2 Page 26 of 31

Docusign Envelope ID: 1A7F2758-F2B8-40DF-AC7F-9B0F37F60E3E i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT'S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT'S policy limits of coverage.

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

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

All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANTto verify existence of sub- contractor's insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
27 Rev.01/26/2024
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D o cuS ig n·
Certificate Of Completion
Envelope Id: 1A7F2758F2B840DFAC7F9B0F37F60E3E
Subject: Complete with Docusign: City of Fairfield-Cagwin&Dorward - Water Facilities_2024.pdf Source Envelope:

Document Pages: 32
Certificate Pages: 4
AutoNav: Enabled
Status: Completed
Signatures: 1
Initials: 0
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Envelope Originator:

Valerie Standfill
1000 Webster Street
Community Development - Building Services
Fairfield, CA 94533
[email protected]
IP Address: 64.162.152.2
Record Tracking
Status: Original
7/22/2024 9 57:28 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Holder: Valerie Standfill
[email protected]
Pool: StateLocal
Pool: City of Fairfield
Location: DocuSign
Location: DocuSign
Signer Events
Delanie Boss
[email protected]
Security Level: Email, Account Authentication
(None)
Timestamp
Sent: 7/22/2024 10:02:51 AM
Viewed: 7/24/202410:13:36 AM
Signed: 8/1/202412:13:17 PM
Signature Adoption: Pre-selected Style
Using IP Address: 135.180.31.98
Electronic Record and Signature Disclosure:

Accepted: 7/25/2024 4:17:53 PM
ID: 7a329d2c-38c3-4828-a82b-d2b01 c1 e462b
In Person Signer Events
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Completed
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Status
Hashed/Encrypted
Security Checked
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Timestamp
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7/22/2024 10:02:51 AM
8/1/2024 10:08:25 AM
7/24/2024 10:13:36 AM
8/1/2024 12:13:17 PM
8/1/2024 12:13:17 PM
Timestamps
Electronic Record and Signature Disclosure
Packet Page 186 of 634Attachment 2 Page 28 of 31

Electronic Record and Signature Disclosure created on: 2/3/2021 9:06:07 AM Parties agreed to: Delanie Boss

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
Fro m tim e to tim e, C ity of Fairfi eld (w e, us or C om pany) m ay be required by law to pro vide to you certain w ritten notices or discl osures. D escribed below are the term s and conditions fo r pro v id in g to you su ch notices and disclosures electro nically thro ugh the D ocuSign system .

P lease read the info rm ation below carefu lly and thoro ughly, and if you can access this in fo rm ation el ectro nically to your satisfa ction and agree to this E lectro nic R ecord and Signatu re D iscl osu re (E R SD ), please confi rm your agreem ent by selecting the check-box next to 'I agree to use electro n ic records and signatures' befo re clicking 'C O N T IN U E ' w ithin the D ocuSign sy stem .

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If you decide to receive notices and discl osures fr om us electro nically, you m ay at any tim e ch ange you r m in d and tell us that thereafter you w ant to receive required notices and discl osures on ly in pap er fo rm at. H ow you m ust info rm us of your decision to receive fu tu re notices and discl o sur e in pap er fo rm at and w ithdra w your consent to receive notices and discl osures electro nicall y is described bel ow .

Consequences of changing your mind
If you elect to receiv e required notices and discl osures only in paper fo rm at, it w ill slow the sp eed at w h ich w e can com ple te cert ain steps in tra nsactions w ith you and delivering serv ices to you because w e w ill n eed fi rst to send the required notices or discl osures to you in paper fo rm at, and th en w ait un til w e receive back fr om you your ackn ow ledgm ent of your receipt of such paper notices or discl o sur es. Furt her, you w ill no longer be able to use the D ocuSign system to receiv e requ ired notices and consents electro nically fr om us or to sign electro nically docum ents fr om us.

All notices and disclosures will be sent to you electronically Packet Page 187 of 634Attachment 2 Page 29 of 31

U n le s s y o u te ll u s o t h e rw is e in a c c o r d a n c e w ith th e p ro c e d ur e s d e s c r ib e d h e r e in , w e w ill p ro v id e e l e c t ro n ic a ll y to y o u thr o u g h th e D o c u S ig n s y s t e m a ll r e q u ir e d n o t ic e s , d is cl o s u r e s , a u t h o r iz a t io n s , a c kn o w le d g e m e n t s , a n d o t h e r d o c u m e n ts th a t a r e r e q u ir e d to b e p ro v id e d o r m a d e a v a i la b le to y o u d u r in g th e c o u r s e o f o u r r e la tio n s h ip w it h y o u . T o r e d u c e th e c h a n c e o f y o u in a d v e rt e n tl y n o t r e c e iv i n g a n y n o t ic e o r d is cl o s u r e , w e p r e fe r to p ro v id e a ll o f th e r e q u ir e d n o t i c e s a n d d i s cl o s u r e s to y o u b y th e s a m e m e t h o d a n d to th e s a m e a d d r e s s th a t y o u h a v e g iv e n u s . T h u s , y o u c a n r e c e i v e a ll th e d i s cl o s u r e s a n d n o t ic e s e le c tro n ic a ll y o r in p a p e r fo rm a t thr o u g h th e p a p e r m a i l d e li v e r y s y s t e m . If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

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Packet Page 188 of 634Attachment 2 Page 30 of 31

i. d e cl in e to s ig n a d o c u m e n t fr o m w ith in y o u r sig n in g se s s io n , a n d o n th e su b s e q u e n t p a g e , s e le c t th e c h e c k -b o x in d ic a tin g y o u w is h to w ith d ra w y o ur c o n s e n t, o r y o u m a y ; ii. s e n d u s a n e m a il to jb e rt a n y @ fa ir fi e ld .c a .g o v a n d in th e b o d y o f su c h re q u e s t y o u m u s t sta te y o u r e m a il, fu ll n a m e , m a ilin g a d d r e s s , a n d te le p h o n e n u m b e r. W e d o n o t n e e d a n y o th e r in fo rm a tio n fr o m y o u to w ith d ra w c o n s e n t.. T h e c o n se q u e n c e s o f y o u r w ith d ra w in g c o n s e n t fo r on lin e d o c u m e n ts w ill b e th a t tra n s a c tio n s m a y ta k e a lo n g e r tim e to p ro c e s s ..

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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to 'I agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system.

By selecting the check-box next to 'I agree to use electronic records and signatures', you confirm that:
• You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
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Packet Page 189 of 634Attachment 2 Page 31 of 31

Agenda Item No: 13.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024204 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with K&K JL Services, Inc. for Landscape Maintenance Services at Fairfield Transportation Center, Red Top Road, and Oliver Road Park and Ride Lots RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approval of the proposed resolution will authorize the city manager to execute a contractor services agreement with K&K JL Services, Inc. (K&K JL) in the amount of $84,960 for landscape maintenance services for the Fairfield Transportation Center, Red Top Road, and Oliver Road Park and Ride Lots.

DISCUSSION
The previous agreement with Dominguez Landscaping Services (Dominguez) for landscape maintenance services for the Fairfield Transportation Center, Red Top Road, and Oliver Road Park and Ride Lots expired in December 2023, after Dominguez unexpectedly moved their operations out of Solano County. Since then, maintenance has been provided by K&K JL on a monthtomonth basis under a service contract while the Public Works Operations Division solicited bids and negotiated contracts.

Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenance services may be let on the basis of demonstrated competence and professional qualifications. K&K JL offers landscaping construction services, specializing in high end construction.

The approval of the attached resolution will authorize the city manager to execute a contractor services agreement with K&K JL in the amount of $84,960 for landscape maintenance services for the Fairfield Transportation Center, Red Top Road, and Oliver Road Park and Ride Lots. The initial term of the agreement is from September 1, 2024, through December 31, 2025, with an option to extend for up to four additional terms of up to 24 months each term.

FINANCIAL IMPACT
Packet Page 190 of 634

Agenda Item No: 13.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024204 of the City Council of the City of Fairfield Approving a ContractorServices Agreement with K&K JL Services, Inc. for Landscape Maintenance Servicesat Fairfield Transportation Center, Red Top Road, and Oliver Road Park and Ride LotsRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApproval of the proposed resolution will authorize the city manager to execute a contractor servicesagreement with K&K JL Services, Inc. (K&K JL) in the amount of $84,960 for landscape maintenanceservices for the Fairfield Transportation Center, Red Top Road, and Oliver Road Park and Ride Lots.DISCUSSIONThe previous agreement with Dominguez Landscaping Services (Dominguez) for landscapemaintenance services for the Fairfield Transportation Center, Red Top Road, and Oliver Road Park andRide Lots expired in December 2023, after Dominguez unexpectedly moved their operations out ofSolano County. Since then, maintenance has been provided by K&K JL on a monthtomonth basisunder a service contract while the Public Works Operations Division solicited bids and negotiatedcontracts.Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenanceservices may be let on the basis of demonstrated competence and professional qualifications. K&K JLoffers landscaping construction services, specializing in high end construction. The approval of the attached resolution will authorize the city manager to execute a contractor servicesagreement with K&K JL in the amount of $84,960 for landscape maintenance services for the FairfieldTransportation Center, Red Top Road, and Oliver Road Park and Ride Lots. The initial term of theagreement is from September 1, 2024, through December 31, 2025, with an option to extend for up tofour additional terms of up to 24 months each term.

FINANCIAL IMPACT
Total authorization for the contractor services agreement for the Fairfield Transportation Center, Red Top Road, and Oliver Road Park and Ride Lots is $84,960 for an initial term September 1, 2024, through December 31, 2025, which will be paid from the General Fund (Organization Code 10160306).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the proposed resolution, and K&K JL may agree to provide landscape maintenance services under the existing open service contract on a monthtomonth basis.

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

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 8/6/2024 7:28 PM
Beavers, Esther Approved 8/6/2024 8:29 PM
Beavers, Esther Approved 8/6/2024 8:30 PM
Packet Page 191 of 634

CITY OF FAIRFIELD

RESOLUTION NO. 2024-204

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A CONTRACTOR SERVICES AGREEMENT WITH K&K JL SERVICES, INC. FOR LANDSCAPE MAINTENANCE SERVICES

AT FAIRFIELD TRANSPORTATION CENTER, RED TOP ROAD, AND OLIVER ROAD PARK AND RIDE LOTS

WHEREAS, landscaping services at Fairfield Transportation Center, Red Top Road, and Oliver Road Park and Ride Lots are funded by the General Fund; and

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

WHEREAS, the City wishes to enter into a contractor services agreement with K&K JL Services, Inc. for landscape maintenance services at Fairfield Transportation Center, Red Top Road, and Oliver Road Park and Ride Lots.

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

Section 1. The city manager or designee is hereby authorized and directed to execute the contractor services agreement (Agreement) between the City of Fairfield and K&K JL Services, Inc. for landscape maintenance services at the Fairfield Transportation Center, Red Top Road, and Oliver Road Park and Ride Lots for a total of $84,960 for an initial 16-month term beginning September 1, 2024, and ending December 31, 2025.

Section 2. The city manager or designee is hereby authorized to extend the Agreement for up to four additional terms of up to 24 months each term, including a negotiated scope of work and compensation adjustment not-to-exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written agreement of both parties.

Packet Page 192 of 634Attachment 1 Page 1 of 2

RES. NO. 2024-204

Page 2 ends

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 193 of 634Attachment 1 Page 2 of 2

Docusign Envelope ID: 785C026C-4O71-4AA4-A48B-21 EC2A06612E

CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR FAIRFIELD TRANSPORTATION CENTER, RED TOP

ROAD, AND OLIVER ROAD PARK AND RIDE LOTS
THIS AGREEMENT is made at Fairfield, California, as of ~ 2024, by and between the City of Fairfield, a municipal corporation ("CITY") and K&K JL Services, Inc. ("CONTRACTOR"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to the CITY the services described in Exhibit "A." CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit "A." 2) PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." CONTRACTOR's proposal is incorporated for reference in Exhibit "B-1."
3) FACILITIES AND EQUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4) GENERAL PROVISIONS. The general provisions set forth in the City of Fairfield Standard Specifications and Details, latest edition and Exhibit "C" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control.
6) BUSINESS LICENSE. The CONTRACTOR 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 CONTRACTOR. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at www.fairfield.ca.gov/biz 7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect from September 1, 2024, through December 31, Rev.01/26/2024
Packet Page 194 of 634Attachment 2 Page 1 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E 2025. This Agreement may be extended for up to four (4) additional terms of up to twenty- four (24) months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties.
9) 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://wwl.arb.ca.gov/our-work/programs/advanced-clean- fleets
10) AMENDMENTS TO SCOPE OF WORK. Notwithstanding the above, at the approval of the Public Works Director or designee, CITY and CONTRACTOR may mutually agree in writing to modify the Scope of Work set forth in Exhibit "A" in order to address the changing landscaping service needs of CITY; however, such modification shall not increase the not-to-exceed amount of the AGREEMENT set forth in Exhibit "B."
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By: _
David, Gassaway, City Manager
K&K JL Services, Inc.

Krisha! Sharma, Vice-President
2 Rev.01/26/2024
Packet Page 195 of 634Attachment 2 Page 2 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E EXHIBIT "A"

SCOPE OF SERVICE

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES
Fairfield Transportation Center 6 site acres Located at 2000 Cadenasso Drive Oliver Road Park and Ride Lot 2 site acres Located on Oliver Road Red Top Road Park and Ride Lot 3.5 site acres Located on Red Top Road Note: The acreage shown above is an estimate. It is suggested that CONTRACTOR conduct his own field surveys for acreage.

2. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED
CONTRACTOR will be responsible for minor irrigation repairs, plant material, trees, high weed mowing of open space and any other requirements of these specifications.

3. DESCRIPTION OF SERVICES
A. Lawn and Hard Fescue Care
CONTRACTOR shall maintain all lawn and Hard Fescue areas on the sites covered by this agreement in a healthy, growing condition by performing the following operations and other work incidental hereto:

I. Mowing
a. CONTRACTOR shall maintain turf with a consistent green appearance and healthy growing condition free of weeds.
b. Lawns shall be mowed once every week or more often if necessary, unless otherwise specified, to maintain a neat, trim appearance. c. CONTRACTOR will remove all litter, branches and debris from each lawn area prior to mowing.
d. Turf height shall be maintained at 3-inches during the summer and 2 ½ inches during the winter.
e. Mowing directions shall be periodically alternated.
f. "Scalping" of turf will not be permitted.
g. Tufts of grass in corners or other areas that cannot be reached by a mower shall be mowed with a monofilament line trimmer.
h. CONTRACTOR may choose to use mulching blades on mowers; however, all excessive mowed clippings (as determined by CITY) shall be removed from the job site on the same day.
3 Rev. 01/26/2024
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Docusign Envelope ID: 7B5C026C-4O71-4AA4-A48B-21 EC2A06612E i. Mowing schedules shall be coordinated with CITY.
j. Any damage to the turf caused by a mower shall be the responsibility of CONTRACTOR to make the repairs to the satisfaction of the CITY.

II. Edging
a. Lawn edging will be performed with every mowing.
b. Edging of Hard Fescue (no-mow Fescue) will be performed weekly. c. Lawn edging against paved areas, around valve boxes and around other utility structures shall be kept neatly edged.
d. Edges against fences and walls shall be sprayed, maintaining a 4-inch vegetation-free band.
e. V-ditches bordering turf areas shall be edged.

Ill. Blowing and Raking
a. All hardscapes surfaces shall be blown free of clippings after every mowing and edging.
b. Surfaces shall be blown free of leaf litter and other debris on an as- needed basis.
c. All planter beds shall be blown or raked clear of all leaf litter; leaf litter shall be removed from the site.
d. Vacuuming or sweeping may be employed instead of blowing.

IV. Tree Wells
a. Tree wells in lawn areas shall be maintained free of turf and weeds at all times.

V. Pest Control in Lawn Areas and Hard Fescue (no-mow Fescue) Areas a. Lawn areas shall be kept free of weeds.
b. CONTRACTOR must provide prior notification of planned pesticide applications.

VI. Irrigation
a. Over-watering or under-watering, for whatever reason, must be corrected immediately upon notification.
b. Watering times shall begin after 9 pm and be completed before 6 am, wherever possible.
c. Irrigation controllers shall use repeat cycling where possible to allow water to soak in and prevent runoff or ponding.

VII. Hard Fescue (no-mow Fescue) Seed Head Removal
a. CONTRACTOR shall remove the seed heads from Hard Fescue (no-mow fescue) (lX) per.
b. Seed heads will be removed from the site after cutting.

B. T re e Ca re
CONTRACTOR shall be responsible for tree maintenance up to 12 feet. 4 Rev.01/26/2024
Packet Page 197 of 634Attachment 2 Page 4 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E I. Pruning
a. Trees shall be pruned weekly.
b. CONTRACTOR shall ensure that only professionally qualified personnel using approved methods and techniques perform pruning.
c. International Society of Arboriculture (ISA) pruning standards shall be used. d. Excessive pruning or stubbing back shall not be permitted. e. All pruning cuts shall maintain the branch bark ridge and shall be cleanly cut with no tearing of the bark. No flush cuts shall be permitted. f. Trees shall be thinned out and shaped when necessary to prevent wind damage. Pruning shall maintain the tree's natural appearance. g. When directed by the CITY CONTRCTOR shall prune trees away from neighboring residential and commercial properties.
h. Trees shall be pruned and shaped to avoid future problems of spread or wind damage.
i. Lower branches overhanging walkways or paths shall be raised to a height of seven (7) feet or as directed by the CITY.
j. Lower branches overhanging streets or driveways shall be raised to a height of twelve (12) feet or as directed by the CITY.
k. Suckers, watersprouts and other undesirable growth shall be removed.

I. Dead and damaged branches shall be removed
m. Pruning to remove a hazard shall be done immediately.

C. Shrub and Gound Coverage
I. Shrub Pruning
a. Shrubs shall be pruned weekly. CONTRACTOR may be required to prune more frequently if shrub growth encroaches on walkways, streets or signs or encumbers visibility.
b. Shrubs, when sheared, shall be tapered back to form a natural appearance; vertical edges shall not be allowed.
c. Shrubs and ground cover will be pruned to prevent encroachment on walkways, paths, curbs, paved areas and fence lines. Shrubs and ground cover shall be maintained inside the edges of curbs or planter bed borders. d. Shrubs and ground cover shall be pruned to remove all dead or damaged growth.

Ill. Pest Control in Shrub Beds and Ground Cover Areas
a. Planter beds and ground cover areas shall be kept free of weeds. b. CONTRACTOR must provide prior notification of planned pesticide 5 Rev. 01/26/2024
Packet Page 198 of 634Attachment 2 Page 5 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E applications.

D . Irrig atio n Sy stem
I. General
a. Throughout the term of this agreement CONTRACTOR shall provide labor, equipment and materials for the minor repair of irrigation system components including; sprinkler heads; emitters; and dripline cracks or tears.

Repair or replacement of all malfunctioning irrigation system components shall be considered part of this contract at no additional cost to CITY. b. It is CITY's objective to actively pursue water conservation within the maintenance program. CONTRACTOR should expect the administration of the irrigation specifications to be closely monitored. The irrigation system shall be adjusted as necessary to prevent overspray onto paved areas and runoff down the gutters. Multiple repeat cycles shall be utilized as needed to provide best irrigation efficiency.
c. CITY may, at its option, perform repairs in-house.

II. Irrigation Scheduling and Adjustments
a. Programming of controllers shall be performed by CONTRACTOR to maintain healthy growing plant material.
b. CITY prefers watering time to be between 9:00 PM and 6:00 a.m., whenever possible. Saturdays, Sundays, afternoons and early evening are the high public use times. Watering will typically not be allowed Fridays at 7:00 a.m. though Sundays at 9:00 p.m. There may be exceptions that occur c. from changing weather conditions or to accommodate a special event schedule. Irrigation schedules shall be coordinated with the CITY. d. Drip irrigation systems may be operated during the day. e. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences and other property that may be damaged by water.
f. CONTRACTOR will perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 15th.

Ill. Water Requirements
a. CONTRACTOR shall have full responsibility to ensure watering requirements are met within each landscape area. CONTRACTOR's forces shall be capable of performing repairs, installations and modifications of existing irrigation systems to adequately irrigate all landscaped areas on a full time basis. b. CONTRACTOR shall ensure that sprinkler heads are in good operational order and nozzles are replaced when worn or inadequate coverage occurs. Any minor changes such as riser extensions (vertically or horizontally), sprinkler head exchanges and filter replacements will be considered as included in the c. contract price and therefore no additional compensation will be allowed. 6 Rev.01/26/2024
Packet Page 199 of 634Attachment 2 Page 6 of 29

Docusign Envelope ID: 7B5C026C-4O71-4AA4-A48B-21 EC2A06612E IV. Irrigation Repairs
a. CONTRACTOR will have a qualified employee check each irrigation controller and activate all stations on every controller each week. Minor repairs and adjustments shall be made at that time.
b. CONTRACTOR must replace all broken irrigation system components with items of the same brand and model. CITY must approve all substitutions.

E. PEST MANAGEMENT
I. Laws and Regulations
a. CONTRACTOR shall comply with all Federal, State and local laws and regulations governing the use of chemicals for the control of weeds, diseases and pests, including obtaining all the required permits and licenses for the possession and use of pesticides.
b. CONTRACTOR shall register with the Solano County Department of Agriculture and shall obtain a Solano County Operator Identification Number for each year of the contract. CONTRACTOR will furnish the CITY with a copy of each year's Solano County registration documents with the Operator Identification Number.
c. Written recommendations from a licensed Pest Control Advisor will be required for all pesticide applications. A copy of these recommendations shall be made available to the FM for approval prior to any work. d. CONTRACTOR shall permit pesticide applications to be done only by qualified, trained personnel under the supervision of a State licensed pest control operator or certified applicator using recognized and approved materials and methods.
e. Employee pesticide training shall comply with the training regulations established by the California Department of Pesticide Regulation. f. Use of aquatic pesticides, where applicable, shall comply with NPDES and California Department of Fish and Wildlife regulations and must be approved in advance by the CITY.

II. General
a. All pesticides must be approved in advance by the CITY. b. CONTRACTOR will notify CITY prior to all scheduled pesticide applications. c. Pesticide applications which fail to produce the desired results will be repeated at the CONTRACTOR's own expense.

F. General Maintenance and Cleanup
I. General
7 Rev. 01/26/2024
Packet Page 200 of 634Attachment 2 Page 7 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E a. CONTRACTOR shall Collect all mowed grass, clippings, trimmings, cuttings, rubbish and debris at each site covered by this agreement and shall remove the same promptly from each site and dispose of same in a lawful manner at the Contractor's expense.
b. All areas shall be kept free of leaves, litter, including broken glass or other such debris. Litter shall be picked up weekly. All broken glass shall be immediately removed when discovered.
c. CONTRACTOR shall keep all cracks and seams in sidewalks, curbs, street gutters and other paved areas free of weeds.
d. CONTRACTOR shall keep sidewalks and paved areas swept and cleaned of any dirt or soil that might be washed from adjacent slopes or planted areas. e. Work sites shall be left orderly and neat upon completion of work for that particular work day.

Ill. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass and prunings.

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

V. Abandoned Shopping Carts and Other Debris
a. Shopping carts that have been abandoned on site shall be removed within 48- hours after discovery or notification.

VI. Transportation Center
a. CONTRACTOR is responsible for for weed abatement outside the perimeter fence between the Eastbound 1-80 off-ramp, West Texas Street and the property fence line.
b. CONTRACTOR is not responsible for maintenance inside the covered parking garage with the exception of the planter in the North West corner of the ground floor and the irrigation controller.

G. M iscellaneous Facilities
General - the items listed below are considered routine maintenance and therefore will not be considered extra work
I. Drainage System Areas
8 Rev.01/26/2024
Packet Page 201 of 634Attachment 2 Page 8 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E a. All drainage systems on the properties for purposes of rain water or irrigation water collection, whether surface swales, trench drains, V-ditches, catch basins or gutters shall be maintained in a clean condition free of debris, erosion waste, weeds or any blockage.
b. Gutters and curb way aprons that border the parking lot entrance shall be kept clean of weeds and gardening debris.
c. Natural creeks and streams are not included in this contract. d. CONTRACTOR shall prevent any material created as a result of his activities from entering the storm drain system. The storm drain system includes, but is not limited to, the gutter, the roadway, V-ditches, catch basins, creeks, and any underground storm water conduit. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work.
e. When a drainage system is blocked by debris from off the site or by erosion waste from offsite major storm damage, correction will be made by others after prompt notification by CONTRACTOR or will be considered extra- cost work as approved by CITY.

II. Erosion Control
a. CONTRACTOR shall not be responsible for structural maintenance or repair or replacement of swales and drain lines except for such structural maintenance, repair or replacement resulting from damage caused by CONTRACTOR or his agents.
b. Erosion resulting from major storm damage that requires major slope reconstruction and/or installation of additional drainage facilities shall be the responsibility of others.

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

IV. Parking Lots
a. CONTRACTOR will blow off the parking lots at least once per week. The Contractor will not allow debris to accumulate in the corners of the parking lot.
b. CONTRACTOR will ensure that the surface drains in the parking lots are kept clear.
9 Rev.01/26/2024
Packet Page 202 of 634Attachment 2 Page 9 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E 4 . M A IN TE N A N C E SCH ED U LE
Scheduled application months are subject to change due to weather and other considerations Contractor is to provide an annual and weekly schedule. Weekly schedule shall be submitted to FM three days in advance of the week of work to be performed.

LA W N A REA S FREQ U EN CY
Leaf, Litter and Trash Removal Weekly
Irrigation System checks Weekly
Irrigation Repairs - minor As needed
Mow Weekly
Edge Weekly
Spot Weed Control Weekly
Weed Control: broad leaf and grassy Weekly
weeds Pre and Post emergent
Hard Fescue (no-mow Fescue) seed head Once Yearly (lX)
removal

SH U R B S A N D T R EES FREQ U EN C Y
Leaf, litter and trash removal Weekly
Weed control As needed
Shrub Pruning Weekly
Irrigation System checks Weekly
Irrigation repairs - minor As needed
Tree Pruning Weekly

G R O U N D CO V ER A N D VIN ES FREQ U EN C Y
Leaf Removal Weekly
Litter and Trash Removal Weekly
Weed Control Weekly
Irrigation system checks Weekly
Irrigation repairs - minor As needed
Prune & Edge Weekly

U N D EV EL O PED A REA S FREQ U EN CY
Leaf, litter and trash removal Weekly
Weed Control As Needed

I PA V ED A REA S I FREQ U EN CY
10 Rev. 01/26/2024
Packet Page 203 of 634Attachment 2 Page 10 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E Leaf Removal Weekly
Litter and Trash Removal Weekly
Weed Control Weekly

SITE CONSIDERTAIONS FREQUENCY
Site Inspections with the CITY At least once per month
Litter Removal (all areas) Weekly
11 Rev.01/26/2024
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Docusign Envelope ID: 7B5C026C-4O71-4AA4-A48B-21 EC2A06612E

5. AREA MAPS INDEX
Fairfield Transportation Center AM-1
Oliver Road Park and Ride Lot AM-2
Red Top Road Park and Ride Lot.. AM-3
12 Rev.01/26/2024
Packet Page 205 of 634Attachment 2 Page 12 of 29

Docusign Envelope ID: 785C026C-4O71-4AA4-A488-21 EC2A06612E D = Maintenance Area
AM -11
13 Rev.01/26/2024
Packet Page 206 of 634Attachment 2 Page 13 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E D = Maintenance Area
A M -2
14 Rev.01/26/2024
Packet Page 207 of 634Attachment 2 Page 14 of 29

Docusign Envelope ID: 785C026C-4O71-4AA4-A48B-21 EC2A06612E D = Maintenance Area
AM-3
15 Rev. 01/26/2024
Packet Page 208 of 634Attachment 2 Page 15 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E EXHIBIT "B"

PAYMENT
1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $84,960.00 for the initial 16-month term, which is in effect September 1, 2024 through December 31, 2025.
2) Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice.

Final invoice to be submitted on completion of scope of work set forth in Exhibit "A". 3) Any additional meetings or work required beyond that set forth in Exhibit "A" shall be mutually agreed to by the CITY and CONTRACTOR, and shall be billed on a time and materials basis to the City of Fairfield.
16 Rev. 01/26/2024
Packet Page 209 of 634Attachment 2 Page 16 of 29

Docusign Envelope ID: 7B5C026C-4O71-4AA4-A4 8B-21 EC2A06612E EXHIBIT "B-1"

FAIRFIELD TRANSPORATION CENTER, RED TOP ROAD, AND OLIVER ROAD BID SHEET Item Item of Work Unit Quantity Unit Price Total Price
No.

1. FTC/PARK AND RIDE LOTS Month 16 $5,310 .00 $84,96 0.00 TOTAL BID: $84,96 0.00
17 Rev.01/26/2024
Packet Page 210 of 634Attachment 2 Page 17 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E EXHIBIT "C"

GENERAL PROVISIONS
1) INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent Contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that CONTRACTOR has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONTRACTOR to practice CONTRACTOR's profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3) TIME. CONTRACTOR shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement. CONTRACTOR shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONTRACTOR NOT AN AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6) PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7) STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All products which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. CITY shall be the sole judge as to whether the product of the CONTRACTOR is satisfactory.
18 Rev.01/26/2024
Packet Page 211 of 634Attachment 2 Page 18 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONTRACTOR. CONTRACTOR is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONTRACTOR shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
9) PRODUCTS OF CONSULTING. All products of the CONTRACTOR created under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS. CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officers, agents, employees and volunteers from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONTRACTOR or any person directly or indirectly employed by or acting as agent for CONTRACTOR in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY, its officers, agents, employees or volunteers.

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

Docusign Envelope ID: 7B5C026C-4O71-4AA4-A48B-21 EC2A06612E conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONTRACTOR possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.
14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONTRACTOR in the amount of $600 {six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department {EDD) reporting requirements:
a) Whether CONTRACTOR is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONTRACTOR is doing business as other than a sole proprietorship, CONTRACTOR shall provide CONTRACTOR's federal tax identification number. 15) LABOR AND WAGE CODE GUIDELINES. 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.

Attention is directed to the Federal Minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rates. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rates, which most closely approximates the duties of the employees in question.
20 Rev.01/26/2024
Packet Page 213 of 634Attachment 2 Page 20 of 29

Docusign Envelope ID: 785C026C-4D71-4AA4-A48B-21 EC2A06612E 16) CONTRACT BONDS (required for projects above $25k). The Contractor shall furnish two good and sufficient bonds in compliance with applicable federal and state laws. One of the bonds in the amount of one hundred percent (100%) of the contract price shall guarantee the faithful performance of the contract by the Contractor; and, in addition, by its terms, the faithful performance bond shall remain in full force and effect for a period of one (1) year from and after the completion and acceptance of said work to guarantee the repair and/or replacement of faulty workmanship and defective material. The other bond shall be a payment (labor and material) bond in the amount of one hundred percent (100%) of the contract price. Each respective bond shall be in the form set forth in the Articles of Agreement Section.

The City Engineer before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds. 21 Rev.01/26/2024
Packet Page 214 of 634Attachment 2 Page 21 of 29

Docusign Envelope ID: 7B5C026C-4D71-4AA4-A48B-21 EC2A06612E EXHIBIT "D"

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

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

D Pollution Liability Insurance in the minimum amount of $1,000,000 per ~ccurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$ _ □ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D Builder's Risk/ Course of Construction Insurance in the minimum amount of$ _ 3) INSURANCE PROVISIONS
a) 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 22 Rev.01/26/2024
Packet Page 215 of 634Attachment 2 Page 22 of 29

Docusign Envelope ID: 785C026C-4O71-4AA4-A48B-21 EC2A06612E expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.
ii) For any claims related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers.

Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT'S insurance and shall not contribute with it.
iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT'S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A:VII, unless otherwise acceptable to the CITY.

Docusign Envelope ID: 785C026C-4O71-4AA4-A48B-21 EC2A06612E received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub-contractor's insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
24 Rev.01/26/2024
Packet Page 217 of 634Attachment 2 Page 24 of 29

Do cuSign-
Certificate Of Completion
Envelope Id: 7B5C026C4D714AA4A48B21 EC2A06612E
Subject: Complete with Docusign: City of Fairfield-K&K JL - FTC-Park and Ride Lots_2024.pdf Source Envelope:

Document Pages: 32
Certificate Pages: 5
Status: Completed
Signatures: 1
Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Envelope Originator:

Valerie Standfill
1000 Webster Street
Community Development - Building Services
Fairfield, CA 94533
[email protected]
IP Address: 64.162.152.2
Record Tracking
Status: Original
7/22/2024 11 :05:44 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Krishal Sharma
[email protected]
VP
K&K JL Services, LLC
Security Level: Email, Account Authentication
(None)
Holder: Valerie Standfill
[email protected]
Pool: StateLocal
Pool: City of Fairfield
Signature Timestamp
Sent: 7/22/2024 11 :08:20 AM
Viewed: 7/22/2024 11 :09:06 AM
Signed: 7/25/2024 8:39:12 PM
Location: DocuSign
Location: DocuSign
Signature Adoption: Pre-selected Style
Using IP Address: 98.33.120.10
Electronic Record and Signature Disclosure:

Accepted: 7/22/2024 11 :05:48 AM
ID: 78304908-3d39-4051-9349-9acf160e 7fbf
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Hementh Sharma
[email protected]
President
K&K JL Services, Inc
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Hementh Sharma
[email protected]
President
K&K JL Services, Inc
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Signature
Status
Status
Status
Status
Status
COPIED
COPIED
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 7/22/2024 11 :08:20 AM
Sent: 7/25/2024 2:54:40 PM
Packet Page 218 of 634Attachment 2 Page 25 of 29

Carbon Copy Events Status
Not Offered via DocuSign
Witness Events Signature
Notary Events Signature
Envelope Summary Events Status
Envelope Sent Hashed/Encrypted
Envelope Updated Security Checked
Envelope Updated Security Checked
Envelope Updated Security Checked
Certified Delivered Security Checked
Signing Complete Security Checked
Completed Security Checked
Payment Events Status
Timestamp
Tlmestamp
Tlmestamp
Timestamps
7/22/2024 11 :08:20 AM
7/25/2024 2:54:40 PM
7/25/2024 2:54:40 PM
7/25/2024 2:54:40 PM
7/22/2024 11 :09:06 AM
7/25/2024 8:39:12 PM
7/25/2024 8:39:12 PM
Timestamps
Electronic Record and Signature Disclosure
Packet Page 219 of 634Attachment 2 Page 26 of 29

Electronic Record and Signature Disclosure created on: 2/3/2021 9:06:07 AM Parties agreed to: Krisha! Sharma

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fairfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to 'I agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Packet Page 220 of 634Attachment 2 Page 27 of 29

U n le s s y o u te ll u s o th e rw is e in a c c o r d a n c e w ith th e p ro c e d u re s d e s c rib e d h e re in , w e w ill p ro v id e e le c tro n ic a ll y to y o u thr o u g h th e D o c u S ig n sy ste m a ll re q u ire d n o tic e s , d is cl o s ur e s , a u th o r iz a tio n s , a c kn o w le d g e m e n ts , a n d o th e r d o c u m e n ts th a t a re re q u ire d to b e p ro v id e d o r m a d e a v a ila b le to y o u d u r in g th e c o u r se o f o u r re la tio n sh ip w ith y o u . T o re d u c e th e c h a n c e o f y o u in a d v e r te n tly n o t re c e iv in g a n y n o tic e o r d is cl o s u re , w e p re fe r to p ro v id e a ll o f th e req u ire d n o tic e s a n d d is cl o s ur e s to y o u b y th e sa m e m e th o d a n d to th e sa m e a d d re s s th a t y o u h a v e g iv e n u s . T h u s , y o u c a n re c e iv e a ll th e d is c lo su r e s a n d n o tic e s e le c tro n ic a ll y o r in p a p e r fo rm a t thr o u g h th e p a p e r m a il d e li v e r y sy s te m . If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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Packet Page 221 of 634Attachment 2 Page 28 of 29

i. d e c li n e to sig n a d o c u m e n t fr o m w ith in y o u r sig n in g se s s io n , a n d o n th e su b s e q u e n t p a g e , s e le c t th e c h e c k -b o x in d ic a tin g y o u w is h to w ith d ra w y o u r c o n se n t, o r y o u m a y ; ii. s e n d u s a n e m a il to jb e r ta n y @ fa ir fi e ld .c a .g o v a n d in th e b o d y o f su c h re q u e s t y o u m u s t sta te y o u r e m a il, fu ll n a m e , m a ili n g a d d r e s s , a n d te le p h o n e n u m b e r. W e d o n o t n e e d a n y o th e r in fo rm a tio n fr o m y o u to w ith d ra w c o n s e n t.. T h e c o n se q u e n c e s o f y o ur w ith d ra w in g c o n se n t fo r o n li n e d o c u m e n ts w ill b e th a t tra n s a c tio n s m a y ta k e a lo n g e r tim e to p ro c e s s ..

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Packet Page 222 of 634Attachment 2 Page 29 of 29

Agenda Item No: 14.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024205 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with K&K JL Services, Inc. for Landscape Maintenance Services at the FairfieldVacaville Train Station
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approval of the proposed resolution will authorize the city manager to execute a contractor services agreement with K&K JL Services, Inc. (K&K JL) in the amount of $62,227 for landscape maintenance services at the FairfieldVacaville Train Station.

DISCUSSION
The previous agreement with Dominguez Landscaping Services (Dominguez) for landscape maintenance services at the FairfieldVacaville Train Station expired in December 2023, after Dominguez unexpectedly moved their operations out of Solano County. Since then, maintenance has been provided by K&K JL on a monthtomonth basis under a service contract while the Public Works Operations Division solicited bids and negotiated contracts.

The approval of the proposed resolution will authorize the city manager to execute a contractor services agreement with K&K JL in the amount of $62,227 for landscape maintenance services at Various Roadsides. The initial term of the agreement is from September 1, 2024, through December 31, 2025, with an option to extend for up to four additional terms of up to 24 months each term.

FINANCIAL IMPACT
Total authorization for the contract services agreement for the FairfieldVacaville Train Station is $62,227 for an initial term September 1, 2024, through December 31, 2025, which will be paid from the Packet Page 223 of 634

Agenda Item No: 14.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024205 of the City Council of the City of Fairfield Approving a ContractorServices Agreement with K&K JL Services, Inc. for Landscape Maintenance Servicesat the FairfieldVacaville Train StationRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApproval of the proposed resolution will authorize the city manager to execute a contractor servicesagreement with K&K JL Services, Inc. (K&K JL) in the amount of $62,227 for landscape maintenanceservices at the FairfieldVacaville Train Station.DISCUSSIONThe previous agreement with Dominguez Landscaping Services (Dominguez) for landscapemaintenance services at the FairfieldVacaville Train Station expired in December 2023, afterDominguez unexpectedly moved their operations out of Solano County. Since then, maintenance hasbeen provided by K&K JL on a monthtomonth basis under a service contract while the Public WorksOperations Division solicited bids and negotiated contracts.Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenanceservices may be let on the basis of demonstrated competence and professional qualifications. K&K JLoffers landscaping construction services, specializing in high end construction. The approval of the proposed resolution will authorize the city manager to execute a contractor servicesagreement with K&K JL in the amount of $62,227 for landscape maintenance services at VariousRoadsides. The initial term of the agreement is from September 1, 2024, through December 31, 2025,with an option to extend for up to four additional terms of up to 24 months each term.FINANCIAL IMPACT Total authorization for the contract services agreement for the FairfieldVacaville Train Station is $62,227 for an initial term September 1, 2024, through December 31, 2025, which will be paid from the General Fund (Organization Code 10160306).

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

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 8/6/2024 7:20 PM
Beavers, Esther Approved 8/6/2024 8:28 PM
Beavers, Esther Approved 8/6/2024 8:29 PM
Packet Page 224 of 634

CITY OF FAIRFIELD

RESOLUTION NO. 2024-205

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING A CONTRACTOR SERVICES AGREEMENT WITH K&K JL SERVICES, INC. FOR LANDSCAPE MAINTENANCE SERVICES

AT THE FAIRFIELD-VACAVILLE TRAIN STATION

WHEREAS, landscaping services at the Fairfield-Vacaville Train Station are funded with assessments levied under the General Fund; and

WHEREAS, the City wishes to enter into a contractor services agreement with K&K JL Services, Inc. for landscape maintenance services at the Fairfield-Vacaville Train Station.

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

Section 1. The city manager or designee is hereby authorized and directed to execute the contractor services agreement (Agreement) between the City of Fairfield and K&K JL Services, Inc. for landscape maintenance services at the Fairfield-Vacaville Train Station for a total of $62,227 for an initial 16-month term beginning September 1, 2024, and ending December 31, 2025.

Packet Page 225 of 634Attachment 1 Page 1 of 2

RES. NO. 2024-205

Page 2 ends

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 226 of 634Attachment 1 Page 2 of 2

Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B72 89

CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR THE FAIRFIELD-VACAVILLE TRAIN STATION THIS AGREEMENT is made at Fairfield, California, as of ~ 2024, by and between the City of Fairfield, a municipal corporation ("CITY") and K&K JL Services, Inc. ("CONTRACTOR"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to the CITY the services described in Exhibit "A." CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit "A." 2) PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." CONTRACTOR's proposal is incorporated for reference in Exhibit "B-1."
3) FACILITIES AND EQUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4) GENERAL PROVISIONS. The general provisions set forth in the City of Fairfield Standard Specifications and Details, latest edition and Exhibit "C" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control.
6) BUSINESS LICENSE. The CONTRACTOR shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 108 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 CONTRACTOR. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at www.fairfield.ca.gov/biz 7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect from September 1, 2024, through December 31, 2025. This Agreement may be extended for up to four (4) additional terms of up to twenty- Rev.01/25/2024
Packet Page 227 of 634Attachment 2 Page 1 of 28

Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B72 89 fo u r (2 4 ) m o n th s each te rm w ith ne g o tiate d te rm s and co n d itio n s incl u d in g a neg o tiated co m p e n satio n ad ju stm e n t no t to exce e d th e Ju ne San Fra ncisco-O akla n d -H ayw ard Co nsu m er Price In d e x fo r U rb an W ag e Ea rn e rs an d C le rical W o rke rs (n o t se ason a lly adjuste d fo r all ite m s) up o n m u tu al w ritt e n A g re e m e nt of bo th parties. 9) W h e re ap p licab le , ve h icl e s w ith a G V W R gre ate r than 8,500 lbs. and lig h t-d uty package de live ry veh icl e s op e rate d in C alifo rn ia m ay be subje ct to th e Califo rn ia A ir Re so urces Bo ard A d van ce d C le an Fle e ts re g u latio n s. Su ch ve h icl es m ay th e re fo re be su bje ct to re qu ire m e n ts to re d u ce em issio n s of air po llu tan ts. Fo r m o re in fo rm atio n , please visit th e CA R B A dvan ced C le an Fle ets w e b p ag e at https://wwl.arb.ca.qov/our-work/proqrams/advanced-clean- fleets
10 ) A M EN D M EN T S T O SC O PE O F W O R K. N o tw ith stand ing the abo ve, at the ap pro va l of th e Pu b lic W o rks D ire cto r o r de sig n e e , C IT Y an d C O N T R A C TO R m a y m utu a lly ag re e in w ritin g to m o d ify th e Sco p e of W o rk set fo rth in Exh ib it "A " in o rder to add re ss th e cha ngin g la ndscap ing se rvice ne e d s of CI T Y; ho w e ve r, su ch m o d ifi catio n sh a ll no t increase th e no t-to-e xce e d am o u n t of th e A G R EEM EN T set fo rth in Exh ib it "B ."

EX EC U T ED as of the day first ab o ve-stated .

C ity of Fairfi e ld, a m u nici pal corp oration
By: _
D avid, G assaw ay, C ity M a n ag e r
K&K JL Servic e s, In c.

Krish a l Sh a rm a, V ic e-Pre side n t
2 Rev. 01/26/2024
Packet Page 228 of 634Attachment 2 Page 2 of 28

Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B72 89 EXHIBIT "A"

SCOPE OF SERVICE

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES
Fairfield-Vacaville Train Station 8.1 site acres Located at 4921 Vanden Road The acreage shown above is an estimate. It is suggested that CONTRACTOR conduct independent field surveys for acreage.

2. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED
CONTRACTOR will be responsible for irrigation checks and minor repairs, plant material, trees, hardscapes, garbage pickup, water quality basins and swales, weed abatement throughout the site as well as the south portal and any open grounds for future parking and any other requirements of these specifications.

3. DESCRIPTION OF SERVICES
A. Hard Fescue Care
CONTRACTOR shall maintain all Hard Fescue areas on the site(s) covered by this agreement in a healthy, growing condition by performing the following operations and other work incidental hereto:

I. Trimming
a. CONTRACTOR shall maintain hard fescue with a consistent green appearance and healthy growing condition free of weeds.
b. Hard fescue shall be trimmed weekly to maintain a neat, trim appearance. c. CONTRACTOR will remove all litter, branches, and debris from each fescue area.
d. "Scalping" of fescue will not be permitted.
e. Tufts of grass in corners or other areas that cannot be reached by a mower shall be mowed with a monofilament line trimmer.

II. Edging
a. Edging of Hard Fescue (no-mow Fescue) will be performed weekly, as needed, to maintain a neat, trim appearance.
b. Fescue edging against paved areas, around valve boxes and around other utility structures shall be kept neatly edged.
c. Edges against fences and walls shall be sprayed, maintaining a 4-inch vegetation-free band.
d. V-ditches bordering turf areas shall be edged.
3 Rev. 01/26/2024
Packet Page 229 of 634Attachment 2 Page 3 of 28

Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B7289 Ill. Blowing and Raking
a. All hardscapes surfaces shall be blown free of clippings after every mowing and edging.
b. Surfaces shall be blown free of leaf litter and other debris on an as- needed basis.
c. All planter beds shall be blown or raked clear of all leaf litter; leaf litter shall be removed from the site.
d. Vacuuming or sweeping may be employed instead of blowing.

IV. Tree Wells
a. Tree wells in lawn areas shall be maintained free of turf and weeds at all times.

V. Pest Control and Hard Fescue (no-mow Fescue) Areas
a. Area shall be kept free of weeds.
b. CONTRACTOR must provide prior notification of planned pesticide applications.
c. Pre-Emergent Post-Emergent Weed Control
(i) Pre-emergent and post-emergent herbicide selection must be approved in advance by CITY.
(ii) CONTRACTOR may use a tank mix of two or more herbicides to achieve the desired spectrum of control.

VI. Hard Fescue (no-mow Fescue) Seed Head Removal
a. CONTRACTOR shall remove the seed heads from Hard Fescue (no-mow fescue) (lX) per.
b. Seed heads will be removed from the site after cutting.

B. T ree C a re
CONTRACTOR shall be responsible for tree maintenance.

I. Pruning
a. CONTRACTOR shall ensure that only professionally qualified personnel using approved methods and techniques perform pruning.
b. International Society of Arboriculture (ISA) pruning standards shall be used. c. Excessive pruning or stubbing back shall not be permitted. d. All pruning cuts shall maintain the branch bark ridge and shall be cleanly cut with no tearing of the bark. No flush cuts shall be permitted. e. When directed by the FM CONTRACTOR shall prune trees away from neighboring residential and commercial properties.
f. Lower branches overhanging walkways or paths shall be raised to a height of seven (7) feet or as directed by the FM.
g. Lower branches overhanging streets or driveways shall be raised to a height of twelve (12) feet or as directed by the FM.
h. Suckers, watersprouts and other undesirable growth shall be removed. 4 Rev.01/26/2024
Packet Page 230 of 634Attachment 2 Page 4 of 28

Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B7289 i. Dead and damaged branches shall be removed.
j. Pruning to remove a hazard shall be done immediately.

C. Sh ru b an d G o u n d Co v e rag e
I. Shrub Pruning
a. Shrubs shall be pruned weekly. CONTRACTOR may be required to prune more frequently if shrub growth encroaches on walkways, streets or signs or encumbers visibility.
b. Shrubs, when sheared, shall be tapered back to form a natural appearance; vertical edges shall not be allowed.
c. Shrubs and ground cover will be pruned to prevent encroachment on walkways, paths, curbs, paved areas and fence lines. Shrubs and ground cover shall be maintained inside the edges of curbs or planter bed borders. d. Shrubs and ground cover shall be pruned to remove all dead or damaged growth.

II. Ground Cover Pruning
a. Ground Cover shall be pruned and edged weekly. CONTRACTOR may be required to prune more frequently if ground cover growth encroaches on walkways or streets.
b. Ground cover, such as ivy will not be allowed to grow/spread onto trees, walls, fences, buildings, and other amenities.
c. Pest Control in Shrub Beds and Ground Cover Areas
d. Planter beds and ground cover areas shall be kept free of weeds. e. CONTRACTOR must provide prior notification of planned pesticide applications.

D. Irrig atio n System
I. General
a. Throughout the term of this agreement CONTRACTOR shall provide labor, equipment and materials for the minor repair of irrigation system components including; sprinkler heads; emitters; and dripline cracks or tears.

Repair or replacement of all malfunctioning irrigation system components shall be considered part of this contract at no additional cost to CITY. b. It is city's objective to actively pursue water conservation within the maintenance program. CONTRACTOR should expect the administration of the irrigation specifications to be closely monitored. The irrigation system shall be adjusted as necessary to prevent overspray onto paved areas and runoff down the gutters. Multiple repeat cycles shall be utilized as needed to provide best irrigation efficiency.
c. CITY may, at its option, perform repairs in-house.

II. Irrigation Scheduling and Adjustments
a. Programming of controllers shall be performed by CONTRACTOR to maintain healthy growing plant material.
5 Rev. 01/26/2024
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Docusign Envelope ID: 56257456-06C3-4817-9826-C55A30487289 b. Drip irrigation systems may be operated during the day. c. All sprinklers shall be adjusted properly to avoid spraying water on parked cars, roadways, walkways, buildings, signs, fences and other property that may be damaged by water.
d. CONTRACTOR will perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 15th.

Ill. Water Requirements
a. CONTRACTOR shall have full responsibility to ensure watering be capable of performing repairs, installations and modifications of existing irrigation systems to adequately irrigate all landscaped areas on a full time basis. b. CONTRACTOR shall ensure that sprinkler heads are in good operational order and nozzles are replaced when worn or inadequate coverage occurs. Any minor changes such as riser extensions (vertically or horizontally), sprinkler head exchanges and filter replacements will be considered as included in the contract price and therefore no additional compensation will be allowed.

IV. Irrigation Repairs
Cc a. CONTRACTOR will have a qualified employee check each irrigation controller and activate all stations on every controller each week. b. CONTRACTOR must replace all broken irrigation system components with items of the same brand and model. CITY must approve all substitutions.

V. Controllers
a. Controller cabinets shall be maintained clear of debris, nests, snails and insects.

E. PEST M A N A G E M E N T
I. Laws and Regulations
a. CONTRACTOR shall comply with all Federal, State and local laws and regulations governing the use of chemicals for the control of weeds, diseases and pests, including obtaining all the required permits and licenses for the possession and use of pesticides.
b. CONTRACTOR shall register with the Solano County Department of Agriculture and shall obtain a Solano County Operator Identification Number for each year of the contract. CONTRACTOR will furnish the CITY with a copy of each year's Solano County registration documents with the Operator Identification Number.
c. Written recommendations from a licensed Pest Control Advisor will be required for all pesticide applications. A copy of these recommendations shall be made available to the FM for approval prior to any work. d. CONTRACTOR shall permit pesticide applications to be done only by qualified, trained personnel under the supervision of a State licensed pest control operator or certified applicator using recognized and approved materials and 6 Rev.01/26/2024
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Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B72 89 methods.
e. Employee pesticide training shall comply with the training regulations established by the California Department of Pesticide Regulation. f. Use of aquatic pesticides, where applicable, shall comply with NPDES and California Department of Fish and Wildlife regulations and must be approved in advance by the FM.

II. General
a. All pesticides must be approved in advance by the FM. b. CONTRACTOR will notify CITY prior to all scheduled pesticide applications. c. Pesticide applications which fail to produce the desired results will be repeated at the CONTRACTOR's own expense.

F. General Maintenance and Cleanup
I. General
a. CONTRACTOR shall collect all mowed grass, clippings, trimmings, cuttings, rubbish and debris at each site covered by this agreement and shall remove the same promptly from each site and dispose of same in a lawful manner at CONTRACTOR's expense.
b. All areas shall be kept free of leaves, litter, including broken glass or other such debris. All broken glass shall be immediately removed when discovered. c. CONTRACTOR shall keep all cracks and seams in sidewalks, curbs, street gutters and other paved areas free of weeds.
d. CONTRACTOR shall keep sidewalks and paved areas swept and cleaned of any dirt or soil that might be washed from adjacent slopes or planted areas. e. Work sites shall be left orderly and neat upon completion of work for that particular work day.

II. Trash Containers
a. No clippings, trimmings, brush or debris resulting from CONTRACTOR's performance under this agreement shall be deposited in the trash cans placed by CITY at various locations in the areas covered by this agreement. b. CONTRACTOR shall clean and maintain trash receptacles at all times. This shall include removing any excess trash build up under the liner and washing and cleaning of each trash can. The trash receptacles shall be kept free of stains and pervasive odors. Trash a receptacles shall be emptied weekly.

Ill. Fence Lines
7 Rev.01/26/2024
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Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B7289 a. Fence lines shall be kept free of trash, weeds, grass and prunings.

V. Abandoned Shopping Carts and Other Debris
a. Shopping carts that have been abandoned on site shall be removed within 48- hours after discovery or notification.

VI. Train Station Site
a. CONTRACTOR is responsible for all maintenance and weed abatement around the north and south side of the handrails, the water quality basin as well as the utility building.

G. High Weed Mowing
a. All high-weed mowing will be performed three times {3X) per year during the months of April, June and September. High weed mowing shall include south portal, future parking areas and any non-landscape areas with the train station site.

H. Miscellaneous Facilities
General - the items listed below are considered routine maintenance and therefore will not be considered extra work
I. Drainage System Areas
a. All drainage systems on the properties for purposes of rain water or irrigation water collection, whether surface swales, trench drains, V-ditches, catch basins or gutters shall be maintained in a clean condition free of debris, erosion waste, weeds or any blockage.
b. Gutters and curb way aprons that border the parking lot entrance shall be kept clean of weeds and gardening debris.
c. Natural creeks and streams are not included in this contract. d. CONTRACTOR shall prevent any material created as a result of his activities from entering the storm drain system. The storm drain system includes, but is not limited to, the gutter, the roadway, V-ditches, catch basins, creeks, and any underground storm water conduit. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work.
e. All concrete-lined ditches within the landscape areas shall be kept clean and clear at all times.
f. When a drainage system is blocked by debris from off the site or by erosion 8 Rev.01/26/2024
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Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B72 89 waste from offsite major storm damage, correction will be made by others after prompt notification by CONTRACTOR or will be considered extra- cost work as approved by CITY.
g. All water quality basin and drainage swales shall be trimmed and maintained free from weeds and noxious weeds. The site is to be clean and trimmed in a good appearance. All pipes entering and exiting must be cleared of any vegetations and debris at all times.

II. Erosion Control
a. CONTRACTOR shall not be responsible for structural maintenance or repair or replacement of swales and drain lines except for such structural maintenance, repair or replacement resulting from damage caused by CONTRACTOR or his agents.
b. Erosion resulting from major storm damage that requires major slope reconstruction and/or installation of additional drainage facilities shall be the responsibility of others.

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

IV. Parking Lots
a. CONTRACTOR will blow off the parking lots at least once per week.

CONTRACTOR will not allow debris to accumulate in the corners of the parking lot.
b. CONTRACTOR will ensure that the surface drains in the parking lots are kept clear.

V. Entry Signs
a. CONTRACTOR shall maintain any plant material in, around or at the base of the sign. CONTRACTOR is to notify CITY of any problem with landscape lighting with 24 hours.

VI. Water Quality Basin
a. CONTRACTOR shall be responsible for the maintenance of the water quality basin.
9 Rev.01/26/2024
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Docusign Envelope ID: 56257 456-06C3-4817-9826-C55A30487289

4. MAINTENANCE SCHEDULE
Scheduled application months are subject to change due to weather and other considerations CONTRACTOR is to provide an annual and weekly schedule. Weekly schedule shall be submitted to FM three days in advance of the week of work to be performed.

FESCUE AREAS FREgUENCY
Leaf and Trash Removal Weekly
Irrigation System checks Weekly
Irrigation Repairs - minor As Needed
Fescue trimming Weekly
Edge Weekly
Spot Weed Control Weekly
Weed Control: broad leaf and grassy Weekly
weeds Pre and Post emergent
Hard Fescue (no-mow Fescue) seed head Once Yearly (lX)
removal
SHURBS AND TREES FREgUENCY
Leaf and trash removal Weekly
Weed control As needed
Shrub Pruning Weekly
Irrigation System checks (complete) Weekly
Irrigation repairs - minor As Needed
Tree Pruning Weekly
GROUND COVER AND VINES FREgUENCY
Leaf and Trash Removal Weekly
Weed Control Weekly
Irrigation system checks Weekly
Irrigation repairs - minor As Needed
Prune & Edge Weekly
UNDEVELOPED AREAS FREgUENCY
Leaf and trash removal Weekly
Weed Control As Needed
PAVED AREAS FREgUENCY
Leaf and Trash Removal Weekly
10 Rev.01/26/2024
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Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B7289 I Weed Control I Weekly
SITE CONSIDERTAIONS FREgUENCY
Site Inspections with the CITY At least once per month
Litter Removal (all areas, including north Weekly
and south handrails) and garbage
collection
Water Quality Basin and bio swales Weekly
11 Rev.01/26/2024
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Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304872 89

5. AREA MAPS INDEX
Fairfield-Vacaville Train Station AM-1
12 Rev: 01/26/2024
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Docusign Envelope ID: 56257 456-06C3-4817-9826-C55A30487289 Fairfield-Vacaville Train Station
AM-1
13 Rev.01/26/2024
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Docusign Envelope ID: 56257 456-06C3-4817-9826-C55A304B7289 EXHIBIT "B"

PAYMENT
1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $62,227.00 for the initial 16-month term, which is in effect September 1,2024 through December 31, 2025.
2) Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice.

Final invoice to be submitted on completion of scope of work set forth in Exhibit "A". 3) Any additional meetings or work required beyond that set forth in Exhibit "A" shall be mutually agreed to by the CITY and CONTRACTOR, and shall be billed on a time and materials basis to the City of Fairfield.
14 Rev.01/26/2024
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Oocusign Envelope ID: 56257456-06C3-4817-9826-C55A304B7289 EXHIBIT "B-1"

FAIRFIELD-VACAVILLE TRAIN STATION BID SHEET
Item Item of Work Unit Quantity Unit Price Total Price
No.
l. TRAIN STATION Month 16 $3,890.00 $62,227.00
TOTAL BID: $62,227.00
15 Rev.01/26/2024
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Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B72 89 EXHIBIT "C"

GENERAL PROVISIONS
1) INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent Contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that CONTRACTOR has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONTRACTOR to practice CONTRACTOR's profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3) TIME. CONTRACTOR shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement. CONTRACTOR shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONTRACTOR NOT AN AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6) PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7) STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All products which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. CITY shall be the sole judge as to whether the product of the CONTRACTOR is satisfactory.
16 Rev.01/26/2024
Packet Page 242 of 634Attachment 2 Page 16 of 28

Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B7289 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONTRACTOR. CONTRACTOR is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONTRACTOR shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
9) PRODUCTS OF CONSULTING. All products of the CONTRACTOR created under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS. CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officers, agents, employees and volunteers from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONTRACTOR or any person directly or indirectly employed by or acting as agent for CONTRACTOR in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY, its officers, agents, employees or volunteers.

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

Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B72 89 conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONTRACTOR possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.
14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONTRACTOR in the amount of $600 (six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONTRACTOR is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONTRACTOR is doing business as other than a sole proprietorship, CONTRACTOR shall provide CONTRACTOR's federal tax identification number. 15) LABOR AND WAGE CODE GUIDELINES. 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.

Attention is directed to the Federal Minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rates. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rates, which most closely approximates the duties of the employees in question.
18 Rev. 01/26/2024
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Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B7289 16) CONTRACT BONDS (required for projects above $25k). The Contractor shall furnish two good and sufficient bonds in compliance with applicable federal and state laws. One of the bonds in the amount of one hundred percent (100%) of the contract price shall guarantee the faithful performance of the contract by the Contractor; and, in addition, by its terms, the faithful performance bond shall remain in full force and effect for a period of one (1) year from and after the completion and acceptance of said work to guarantee the repair and/or replacement of faulty workmanship and defective material. The other bond shall be a payment (labor and material) bond in the amount of one hundred percent (100%) of the contract price. Each respective bond shall be in the form set forth in the Articles of Agreement Section.

The City Engineer before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds. 19 Rev.01/26/2024
Packet Page 245 of 634Attachment 2 Page 19 of 28

Docusign Envelope ID: 56257 456-06C3-4817-9826-C55A304B7289 EXHIBIT "D"

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

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

D Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$ _ □ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D Builder's Risk/ Course of Construction Insurance in the minimum amount of$ _ 3) INSURANCE PROVISIONS
a) 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 20 Rev.01/26/2024
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Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B72 89 expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.
ii) For any claims related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers.

Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT'S insurance and shall not contribute with it.
iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty {30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT'S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A:VII, unless otherwise acceptable to the CITY.

VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 1185, subject to CITY approval; and submitted electronically through the Exigis insurance system to:
[email protected]. All insurance certificates and endorsements are to be 21 Rev.01/26/2024
Packet Page 247 of 634Attachment 2 Page 21 of 28

Docusign Envelope ID: 56257456-06C3-4817-9826-C55A304B7289 received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub-contractor's insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
22 Rev. 01/26/2024
Packet Page 248 of 634Attachment 2 Page 22 of 28

D o c u S ig n-
Certificate Of Completion
Envelope Id: 5625745606C348179826C55A304B7289
Subject: Complete with Docusign: City of Fairfteld-K&K JL - Train Station_2024.pdf Source Envelope:

Document Pages: 30
Certificate Pages: 5
Status: Completed
Signatures: 1
Initials: O
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Envelope Originator:

Valerie Standfill
1000 Webster Street
Community Development - Building Services
Fairfield, CA 94533
[email protected]
IP Address: 64.162.152.2
Record Tracking
Status: Original
7/22/2024 11 :08:39 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Krisha! Sharma
[email protected]
VP
K&K JL Services, LLC
Security Level: Email, Account Authentication
(None)
Holder: Valerie Standfill
[email protected] .gov
Pool: StateLocal
Pool: City of Fairfield
Location: DocuSign
Location: DocuSign
Signature
l,DocuSlgned by:
~;~ .. ~~tt
Timestamp
Sent: 7/22/2024 11 :11 :08 AM
Viewed: 7/25/2024 8:40:11 PM
Signed: 7/25/2024 8:40:36 PM
Signature Adoption: Pre-selected Style
Using IP Address: 98.33.120.10
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Hementh Sharma
[email protected]
President
K&K JL Services, Inc
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Signature
Status
Status
Status
Status
Status
COPIED
COPIED
Times tamp
Times tamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 7/22/2024 11: 11 :08 AM
Sent: 7/25/2024 2:53:13 PM
Packet Page 249 of 634Attachment 2 Page 23 of 28

Carbon Copy Events Status
Not Offered via DocuSign
Witness Events Signature
Notary Events Signature
Envelope Summary Events Status
Envelope Sent Hashed/Encrypted
Envelope Updated Security Checked
Envelope Updated Security Checked
Envelope Updated Security Checked
Certified Delivered Security Checked
Signing Complete Security Checked
Completed Security Checked
Payment Events Status
Electronic Record and Signature Disclosure
Timestamp
Timestamp
Timestamp
Timestamps
7/22/2024 11 :11 08 AM
7/25/2024 2:53:12 PM
7/25/2024 2:53:12 PM
7/25/2024 2:53:12 PM
7/25/2024 8:40:11 PM
7/25/2024 8:40:36 PM
7/25/2024 8:40:36 PM
Timestamps
Packet Page 250 of 634Attachment 2 Page 24 of 28

Electronic Record and Signature Disclosure created on: 2/3/2021 9:06:07 AM Parties agreed to: Krishal Sharma

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fairfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to 'I agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Packet Page 251 of 634Attachment 2 Page 25 of 28

U n le s s y o u te ll u s o th e r w is e in a c c o r d a n c e w ith th e p ro c e d ur e s d e s c r ib e d h e r e in , w e w ill p ro v id e e le c tro n ic a ll y to y o u th ro u g h th e D o c u S ig n s y s te m a ll re q u ir e d n o tic e s , d is cl o s u r e s , a u th o r iz a t io n s , a c kn o w le d g e m e n ts , a n d o th e r d o c u m e n ts th a t a r e re q u ir e d to b e p ro v id e d o r m a d e a v a ila b le to y o u d ur in g th e c o u r s e o f o u r r e la tio n s h ip w ith y o u . T o re d u c e th e c h a n c e o f y o u in a d v e r te n tly n o t r e c e iv in g a n y n o tic e o r d is cl o s ur e , w e p r e fe r to p ro v id e a ll o f th e r e q u ir e d n o t ic e s a n d d is cl o s u r e s to y o u b y th e s a m e m e th o d a n d to th e s a m e a d d r e s s th a t y o u h a v e g iv e n u s . T h u s , y o u c a n r e c e iv e a ll th e d is cl o s u r e s a n d n o tic e s el e c tro n ic a ll y o r in p a p e r fo r m a t thr o u g h th e p a p e r m a il d e li v e r y s y s te m . If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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Packet Page 252 of 634Attachment 2 Page 26 of 28

i. d e cl in e to sig n a d o c u m e n t fr o m w ith in y o ur sig n in g se ss io n , an d o n th e su b se q u e n t p a g e , se le c t th e c h e c k -b o x in d ic a tin g y o u w is h to w ith d ra w y o u r co n se n t, o r y o u m a y ; ii. se n d u s a n e m a il to jb e rta n y @ fa irfi e ld .c a .g o v a n d in th e b o d y o f su c h req u e st y o u m u st state y o u r e m a il, fu ll n a m e , m a ili n g ad d res s , an d te le p h o n e n u m b e r. W e d o n o t n ee d an y o th er in fo rm a tio n fr o m y o u to w ith d ra w c o n s e n t.. T h e c o n s e q u e n c e s o f y o u r w ith d ra w in g co n se n t fo r o n lin e d o c u m e n ts w ill b e th a t tra n s a c tio n s m a y ta k e a lo n g e r tim e to p ro c e ss ..

Packet Page 253 of 634Attachment 2 Page 27 of 28

Packet Page 254 of 634Attachment 2 Page 28 of 28

Agenda Item No: 15.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024206 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with True North Landscapes, LLC for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District No. 5 – Smith Ranch (Rancho Solano)
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approval of the proposed resolution will authorize the city manager to execute a contractor services agreement with True North Landscapes, LLC (True North) in the amount of $755,957.32 for landscape maintenance services in the Landscaping and Lighting Maintenance District No. 5 – Smith Ranch (Rancho Solano) (LLMD No. 5).

DISCUSSION
The previous agreement with Dominguez Landscaping Services (Dominguez) for landscape maintenance services for LLMD No. 5 expired in December 2023, after Dominguez unexpectedly moved their operations out of Solano County. Since then, maintenance has been provided by True North on a monthtomonth basis under a service contract while the Public Works Operations Division solicited bids and negotiated contracts.

Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenance services may be let on the basis of demonstrated competence and professional qualifications. True North has been in business since 2022 with Commercial Landscaping. Services include installation, water management, maintenance, tree care, organics and environmental restoration.

The approval of the proposed resolution will authorize the city manager to execute a contractor services agreement with True North in the amount of $755,957.32 for landscape maintenance services for LLMD No. 5. The initial term of the agreement is from September 1, 2024, through December 31, 2025, with an option to extend for up to four additional terms of up to 24 months each term.

Packet Page 255 of 634

Agenda Item No: 15.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024206 of the City Council of the City of Fairfield Approving a ContractorServices Agreement with True North Landscapes, LLC for Landscape MaintenanceServices in the Landscaping and Lighting Maintenance District No. 5 – Smith Ranch(Rancho Solano)RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApproval of the proposed resolution will authorize the city manager to execute a contractor servicesagreement with True North Landscapes, LLC (True North) in the amount of $755,957.32 for landscapemaintenance services in the Landscaping and Lighting Maintenance District No. 5 – Smith Ranch(Rancho Solano) (LLMD No. 5).DISCUSSIONThe previous agreement with Dominguez Landscaping Services (Dominguez) for landscapemaintenance services for LLMD No. 5 expired in December 2023, after Dominguez unexpectedlymoved their operations out of Solano County. Since then, maintenance has been provided by TrueNorth on a monthtomonth basis under a service contract while the Public Works Operations Divisionsolicited bids and negotiated contracts.Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenanceservices may be let on the basis of demonstrated competence and professional qualifications. TrueNorth has been in business since 2022 with Commercial Landscaping. Services include installation,water management, maintenance, tree care, organics and environmental restoration.The approval of the proposed resolution will authorize the city manager to execute a contractor servicesagreement with True North in the amount of $755,957.32 for landscape maintenance services for LLMDNo. 5. The initial term of the agreement is from September 1, 2024, through December 31, 2025, with an option to extend for up to four additional terms of up to 24 months each term.

FINANCIAL IMPACT
Total authorization of the contractor services agreement for LLMD No. 5 is $755,957.32 for an initial 16 month term, which will be paid from the Smith Ranch Maintenance District Fund (Organization Code 17160107).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the attached resolution, and True North may agree to provide landscape maintenance services under an existing open service contract on a monthtomonth basis.

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

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 8/7/2024 1:29 PM
Beavers, Esther Approved 8/7/2024 1:31 PM
Beavers, Esther Approved 8/8/2024 11:03 AM
Packet Page 256 of 634

CITY OF FAIRFIELD

RESOLUTION NO. 2024-206

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

SERVICES AGREEMENT WITH TRUE NORTH LANDSCAPES, LLC FOR LANDSCAPE MAINTENANCE SERVICES IN THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 5 - SMITH

RANCH (RANCHO SOLANO)

WHEREAS, landscaping services in Landscape and Lighting Maintenance District No. 5 Smith Ranch (Rancho Solano) (LLMD No. 5) area have been funded with assessments levied under the landscaping and lighting districts (LLMD) since 1987; and

WHEREAS, LLMD No. 5 did not generate sufficient revenue to adequately fund the required services due to the increased cost of services over time; and

WHEREAS, the City conducted a community engagement process and balloting procedure in accordance with Article XIII D of the California Constitution, also known as Proposition 218; and

WHEREAS, the required ballot tabulation was conducted on June 7, 2023, and revealed a majority protest; and

WHEREAS, the City made scope of work modifications based on LLMD No. 5’s available funding; and

WHEREAS, the City wishes to enter into a contractor services agreement with True North Landscapes, LLC. for landscape maintenance services in LLMD No. 5.

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

Section 1. The city manager or designee is hereby authorized and directed to execute the contractor services agreement (Agreement) between the City of Fairfield and True North Landscapes, LLC for landscape maintenance services at LLMD No. 5 for a total of $755,957.32 for an initial 16-month term beginning September 1, 2024, and ending December 31, 2025.

RES. NO. 2024-206

Page 2 ends

compensation adjustment not-to-exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written agreement of both parties.

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 258 of 634Attachment 1 Page 2 of 2

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BD9AA 1 AE

CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 5 - SMITH RANCH (RANCHO SOLANO)
THIS AGREEMENT is made at Fairfield, California, as of _, 2024, by and between the City of Fairfield, a municipal corporation ("CITY") and True North Landscapes, LLC ("CONTRACTOR"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to the CITY the services described in Exhibit "A." CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit "A." 2) PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." CONTRACTOR's proposal is incorporated for reference in Exhibit "B-1."
3) FACILITIES AND EQUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4) GENERAL PROVISIONS. The general provisions set forth in the City of Fairfield Standard Specifications and Details, latest edition and Exhibit "C" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control.
6) BUSINESS LICENSE. The CONTRACTOR shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter l0B 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 CONTRACTOR. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at www.fairfield.ca.gov/biz 7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect from September 1, 2024, through December 31, Rev.01/26/2024
Packet Page 259 of 634Attachment 2 Page 1 of 32

Do cu sign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA1 AE 2025. This Agreement may be extended for up to four (4) additional terms of up to twenty- four (24) months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties.
9) 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.qov/our-work/proqrams/advanced-clean- fleets
10 ) AMENDMENTS TO SCOPE OF WORK. Notwithstanding the above, at the approval of the Public Works Director or designee, CITY and CONTRACTOR may mutually agree in writing to modify the Scope of Work set forth in Exhibit "A" in order to address the changing landscaping service needs of CITY; however, such modification shall not increase the not-to-exceed amount of the AGREEMENT set forth in Exhibit "B."
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By: _
David, Gassaway, City Manager
True North Landscapes, LLC (}Signed by:

By: J~~F~~~z~
David Huppe, President/CEO
2 Rev.01/26/2024
Packet Page 260 of 634Attachment 2 Page 2 of 32

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA 1 AE EXHIBIT "A"

SCOPE OF SERVICE

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES
Services for the Landscaping and Lighting Maintenance District No. 5 - Smith Ranch (Rancho Solano) includes median landscaping on Mankas Corner Road just east of Rancho Solano Parkway, median and shoulder landscaping on Rancho Solano Parkway, and in-tract landscaping behind subdivision gates (as shown on included maps). Refer to the Area Index Maps.

CONTRACTOR should conduct an independent field survey for exact measurement.

2. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED
CONTRACTOR will be responsible for plant material, trees, high weed mowing of open space and any other requirements of these specifications.

3. DESCRIPTION OF SERVICES
A. Lawn and Hard Fescue Care
I. Mowing
a. CONTRACTOR shall maintain turf with a consistent green appearance and healthy, growing condition reasonably free of weeds.
b. Lawns shall be mowed once every week/every other week in winter, unless otherwise specified, to maintain a neat, trim appearance. c. CONTRACTOR will remove all litter, branches and debris from each lawn area prior to mowing.
d. Turf height shall be maintained at 3-inches during the summer and 2 ½ inches during the winter.
e. Mowing directions shall be periodically alternated.
f. "Scalping" of turf will not be permitted.
g. Tufts of grass in corners or other areas that cannot be reached by a mower shall be mowed with a monofilament line trimmer.
h. CONTRACTOR may choose to use mulching blades on mowers; however, all excessive mowed clippings shall be removed from the job site on the same day.
i. Mowing schedules shall be coordinated with the CITY. j. Any damage to the turf caused by a mower shall be the responsibility of CONTRACTOR to make the repairs to the satisfaction of the CITY. 3 Rev. 01/26/2024
Packet Page 261 of 634Attachment 2 Page 3 of 32

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA1 AE II. Edging
a. Lawn edging will be performed with each mowing.
b. Edging of Hard Fescue (no-mow Fescue) will be performed four times (4X) per year.
c. Lawn edging against paved areas, around valve boxes and around other utility structures shall be kept neatly edged.
d. Edges against fences and walls shall be sprayed, maintaining a 4-inch vegetation-free band.
e. V-ditches bordering turf areas shall be edged.

Ill. Blowing and Raking
a. All hardscapes surfaces shall be blown free of clippings after every mowing and edging.
b. Surfaces shall be blown free of leaf litter and other debris on an as-needed basis.
c. All planter beds shall be blown or raked clear of all leaf litter; leaf litter shall be removed from the site.
d. Vacuuming or sweeping may be employed instead of blowing.

IV. Tree Wells
a. Tree wells in lawn areas shall be maintained free of turf and weeds at all times.

V. Pest Control in Lawn Areas and Hard Fescue (no-mow Fescue) Areas a. Lawn areas shall be kept free of weeds.
b. Pre-Emergent Weed Control
(i) CONTRACTOR will apply a pre-emergent herbicide two times (2X) per year during Spring and Fall (subject to change due to weather) to control broad leaf and grassy weeds.
c. Post-Emergent Weed Control
(i) Turf diseases, weed and insect infestations must be identified and controlled in a timely manner. Reapplication of control methods will be required to correct or control failed treatments.
(ii) The Contractor shall exercise extreme care in the use of herbicides and insecticides to avoid harm to non-target plants, as well as non-target insects, such as bees.

VI. Hard Fescue (no-mow Fescue) Seed Head Removal
a. CONTRACTOR shall remove the seed heads from Hard Fescue (no-mow fescue) during the month of June.
b. CONTRACTOR shall repeat the work if seed heads are missed. c. Seed heads w ill be rem oved from the site after cutting. 4 Rev.01/26/2024
Packet Page 262 of 634Attachment 2 Page 4 of 32

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BD9AA 1 AE B. T re e Ca re
CONTRACTOR shall be responsible for all tree maintenance up to 8 feet.

I. Pruning
a. Trees shall be pruned two times (2X) per year during the months of March and December
b. CONTRACTOR shall ensure that only professionally qualified personnel using approved methods and techniques perform pruning.
c. International Society of Arboriculture (ISA) pruning standards shall be used. d. Excessive pruning or stubbing back shall not be permitted. e. All pruning cuts shall maintain the branch bark ridge and shall be cleanly cut with no tearing of the bark. No flush cuts shall be permitted. f. Lower branches overhanging walkways or paths shall be raised to a height of eight (8) feet or as directed by the CITY.
g. Suckers, watersprouts and other undesirable growth shall be removed.

II. Pest Control
a. CONTRACTOR shall be responsible for all pest control on trees. b. Insect infestations shall be treated, as directed by CITY with an approved insecticide.
c. Mistletoe shall be controlled by pruning or spraying.

C. Sh ru b an d G o u n d Co ve rag e
I. Shrub Pruning
a. Shrubs shall be pruned at least four times (4X) per year, subject to change due to weather. CONTRACTOR may be required to prune more frequently if shrub growth encroaches on walkways, streets or signs or encumbers visibility. b. Shrubs, when sheared, shall be tapered back to form a natural appearance; vertical edges shall not be allowed.
c. Shrubs and ground cover will be pruned to prevent encroachment on walkways, paths, curbs, paved areas and fence lines. Shrubs and ground cover shall be maintained inside the edges of curbs or planter bed borders. d. Shrubs and ground cover shall be pruned to remove all dead or damaged growth.

II. Ground Cover Pruning
a. Ground Cover shall be pruned and edged four times (4X) per year, subject to change due to weather. CONTRACTOR may be required to prune more frequently if ground cover growth encroaches on walkways or streets. b. Hypericum ground cover shall be mowed once per year. c. Ground cover, such as ivy will not be allowed to grow/spread onto trees, walls, fences, buildings and other amenities.

Ill. Pest Control in Shrub Beds and Ground Cover Areas
a. Planter beds and ground cover areas shall be kept free of weeds. 5 Rev. 01/26/2024
Packet Page 263 of 634Attachment 2 Page 5 of 32

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA 1 AE b. CONTRACTOR must provide prior notification of planned pesticide applications in order to receive credit for the work.
c. Pre-emergent Weed Control
(i) CONTRACTOR will apply pre-emergent herbicide two times (2X) per year during Spring and Fall in planter beds and ground cover areas. d. Snails and slugs shall be controlled with the use of approved metaldehyde snail bait.

D. Pest Management
I. Laws and Regulations
a. CONTRACTOR shall comply with all Federal, State and local laws and regulations governing the use of chemicals for the control of weeds, diseases and pests, including obtaining all the required permits and licenses for the possession and use of pesticides.
b. CONTRACTOR shall register with the Solano County Department of Agriculture and shall obtain a Solano County Operator Identification Number for each year of the contract. CONTRACTOR will furnish the CITY with a copy of each year's Solano County registration documents with the Operator Identification Number.
c. Written recommendations from a licensed Pest Control Advisor will be required for all pesticide applications. A copy of these recommendations shall be made available to CITY for approval prior to any work. d. CONTRACTOR shall permit pesticide applications to be done only by qualified, trained personnel under the supervision of a State licensed pest control operator or certified applicator using recognized and approved materials and methods.
e. Employee pesticide training shall comply with the training regulations established by the California Department of Pesticide Regulation. f. Use of aquatic pesticides, where applicable, shall comply with NPDES and California Department of Fish and Wildlife regulations and must be approved in advance by the CITY.

II. General
a. All pesticides must be approved in advance by.
b. CONTRACTOR will notify CITY prior to all scheduled pesticide applications and will not receive credit for required applications if such notification has not been provided.

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA 1 AE E. General Maintenance and Cleanup
I. General
a. CONTRACTOR shall collect all mowed grass, clippings, trimmings, cuttings, rubbish and debris at each site covered by this agreement and shall remove the same promptly from each site and dispose of same in a lawful manner at CONTRACTOR's expense.
b. All areas shall be kept free of leaves, litter, including broken glass or other such debris. All broken glass shall be immediately removed when discovered. c. CONTRACTOR shall service Rancho Solano Parkway entrance and all subdivision entrance areas before Friday of each week. Service shall include weed removal, litter pick up and dead heading of roses and various plants as needed.
d. CONTRACTOR shall keep all cracks and seams in sidewalks, curbs, street gutters and other paved areas free of weeds.
e. CONTRACTOR shall keep sidewalks and paved areas swept and cleaned of any dirt or soil that might be washed from adjacent slopes or planted areas. f. Work sites shall be left orderly and neat upon completion of work for that particular work day.

II. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass and prunings. b. CONTRACTOR is responsible to maintain a thirty (30) foot weed abatement along the interface between the golf course and residential homes.

F. High Weed Mowing
a. All high-weed mowing (as shown in area maps) will be performed one time (1X) per year during the month of June.
(i) Weeds shall be mown to a height less than four (4) inches. (ii) Any weeds/grass left standing along fences or structures after mowing must be cut.

G. Miscellaneous Facilities
General - the items listed below are considered routine maintenance and therefore will not be considered extra work
I. Drainage System Areas
a. All drainage systems on the properties for purposes of rainwater or irrigation water collection, whether surface swales, trench drains, V-ditches, catch basins and gutters shall be maintained in a clean condition free of debris, erosion waste, weeds or any blockage.
b. Gutters and curb way aprons shall be kept clean of weeds and gardening debris.
c. Natural creeks and streams are not included in this contract. d. All concrete-lined ditches within the contract areas shall be kept clean and 7 Rev.01/26/2024
Packet Page 265 of 634Attachment 2 Page 7 of 32

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BD9AA 1 AE clear at all times. The V-ditches and the catch basins that these ditches empty into shall be thoroughly inspected and cleaned out weekly between October 15th to April 15th. More frequent cleaning may be required due to heavy rains. Edges should be checked periodically for erosion and damage to concrete structures. Special care will be taken by CONTRACTOR to keep debris out of all basins while V-ditch maintenance is occurring. e. When a drainage system is blocked by debris from off the site or by erosion waste from offsite major storm damage, correction will be made by others after prompt notification by CONTRACTOR or will be considered extra-cost work as approved by the CITY.

II. Erosion Control
a. CONTRACTOR shall not be responsible for structural maintenance or repair or replacement of swales and drain lines except for such structural maintenance, repair or replacement resulting from damage caused by CONTRACTOR or his agents.
b. Erosion resulting from major storm damage that requires major slope reconstruction and/or installation of additional drainage facilities shall be the responsibility of others.

Ill. Sidewalks and Driveways
a. Debris and silt shall be immediately removed from sidewalks, gutters and driveways.
8 Rev.01/26/2024
Packet Page 266 of 634Attachment 2 Page 8 of 32

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BD9AA1 AE

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

LAWN AREAS FREgUENCY
Leaf, Litter and Trash Removal Weekly
Mow lawn areas Weekly/Summer Bi-weekly/Winter
Edge lawn Weekly/Bi-weekly
Edge Hard Fescue Four times (4X) per year
Spot Weed Control Weekly
Weed Control: broad leaf and grassy Two times (2X) per year weeds Pre and Post emergent
Control of Turf Diseases & Insect As Needed
Infestations
Hard Fescue (no-mow Fescue) seed head Once per year
removal
SHRUBS AND TREES FREgUENCY
Leaf, litter and trash removal Weekly
Weed control As needed
Shrub Pruning Four times (4X) per year
Pre-emergent in Shrub beds Two times (2X) per year
Pest/Disease Control As needed
Tree Pruning - Pedestrian Clearance Only Two times (2X) per year GROUND COVER AND VINES FREgUENCY
Litter, Trash and Leaf Removal Weekly
Weed Control Weekly
Pre-emergent Two times (2X) per year
Pest/Disease control As needed
Prune & Edge Four times (4X) per year
Mow Hypericum One Time (lX) per Year (where needed)
PAVED AREAS FREgUENCY
Leaf, Litter, and Trash Removal Weekly - Adjacent to Landscapes Weed Control As Needed
SITE CONSIDERTAIONS FREgUENCY
Site Inspections with CITY At least once per month
9 Rev. 01/26/2024
Packet Page 267 of 634Attachment 2 Page 9 of 32

Docusign Envelope ID: 457F85AB-086E-4488-A513-EC488D9AA 1 AE Clean V-Ditches/Drain Inlets Inspected and cleaned weekly between October 15 and April 15
High Weed Mowing One time (lX)
10 Rev.01/26/2024
Packet Page 268 of 634Attachment 2 Page 10 of 32

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA 1 AE

5. AREA MAPS INDEX
Map 1 AM-1
Map 2 AM-2
Map 3 AM-3
Map 4 AM-4
Map 5 AM-5
Map 6 AM-6
Map 7 AM-7

RANCHO SOLANO HIGH WEED MOW AREAS

1. Mankas Corner Road, north of landscaping, east of Rancho Solano Parkway

2. Whitemarsh Ln.

3. Seabrook Drive

4. Seabrook Ct.

5. Rancho Solano Pkwy: south of Pebble Beach Cir to Andalucia entrance.

6. Andalucia subdivision: Pebble Beach Cir, Pebble Beach Ct, Spyglass Ct.

7. Firestone Ct.

8. Turnberry Ct.

9. Turn berry Dr from Turn berry Ct to Hilton Head Dr

10. Hilton Head Dr from Turn berry Dr to Oakland Hills Dr.

11. Oakland Hills Dr. from Hilton Head Dr to Oakland Hills Ct.

12. Seminole Dr from across Ganton Ct to Wailea Cir.

13. Wailea Cir from Seminole Dr to end of Kapalua Ct.

14. St Andrews Rd from Seminole Cir to south of Balmoral Dr.

15. Cherry Valley Dr from Golf Course to Cherry Valley Circle

16. Pine Valley Ct.

17. Cherry Valley Cir from Cherry Valley Dr to Bear Creek Detention Basin

18. Bear Creek Detention Basin

19. Penn Creek Dr behind houses on Bear Creek Dr

20. Bear Creek Ct.

21. Bear Creek Dr from Bear Creek Ct to St Andrews Rd.

22. St Andrews Rd from La Costa Ct to Kingsmill Cir.

23. Cotswold Hill Dr
Rancho Solano-(Yellow indicates High Weed Mow areas)
11 Rev.01/26/2024
Packet Page 269 of 634Attachment 2 Page 11 of 32

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BD9AA1 AE \ AM-1
12 Rev. 01/26/2024
Packet Page 270 of 634Attachment 2 Page 12 of 32

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA 1 AE AM-2
13 Rev. 01/26/2024
Packet Page 271 of 634Attachment 2 Page 13 of 32

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA 1 AE AM-3
14 Rev.01/26/2024
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Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BD9AA 1 AE AM-4
15 Rev.01/26/2024
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Docusign Envelope ID: 457F85AB-086E-4488-A513-EC488D9AA 1 AE AM-5
16 Rev.01/26/2024
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Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA 1 AE AM-6
17 Rev.01/26/2024
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Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA 1 AE AM-7
18 Rev. 01/26/2024
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Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BD9AA 1AE EXHIBIT "B"

PAYMENT
1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $755,957.32 for the initial 16-month term, which is in effect September 1, 2024 through December 31, 2025.
2) Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice.

Final invoice to be submitted on completion of scope of work set forth in Exhibit "A". 3) Any additional meetings or work required beyond that set forth in Exhibit "A" shall be mutually agreed to by the CITY and CONTRACTOR, and shall be billed on a time and materials basis to the City of Fairfield.
19 Rev.01/26/2024
Packet Page 277 of 634Attachment 2 Page 19 of 32

Do cu sign Envelope ID: 457F85AB-086E-4488-A513-EC488O9AA 1 AE EXHIBIT "B-1"
LLMD No. S - SMITH RANCH (RANCHO SOLANO) BID SHEET

FREQUENCY UNIT ANNUAL ITEM COST COST

LAWN AND HARD FESCUE CARE
Lawn mowing Weekly- 44x (every two weeks $6 6,240 in winter) Lawn edging Every Other Week included
Spot Weed Control Weekly $13 ,955
Weed Control: Broad leaf and Grassy Two Times- Spring and Fall $ 23,599 Control of Turf Diseases, Insect As Needed $ 9,4 76 Infestations Edge Hard Fescue Four Times (4x) $ 7,360
Hard Fescue- Seed Head Removal One Time (lx) $ 8,982

SHRUB AND TREE CARE
Pre- Emergent weed control Two Times- Spring and Fall $ 21,758 Weed Control As Needed $ 73,180
Tree Pruning Two Times (2X)- PED only $ 5,520
Control of Diseases, Insect Infestations As needed $ 26,975 Shrub Pruning Four Times (4X ) $288,541
Leaf, litter, and Trash removal Weekly- Leaf pickup in Fall $ 2,346

GROUND COVER AND VINES
Leaf, litter, and trash removal Weekly lncl/S& T
Weed control Weekly lncl/S& T
Pre-emergent weed control Two Times- Spring and Fall lncl/S& T Control of Diseases, Insect Infestations As needed lncl/S&T Ground cover pruning and edging Four Times (4X ) lncl/S&T Hypericum mowing One Time (lX) $ 6,500

PAVED AREAS
Leaf, litter, and trash removal Weekly- Adjacent to included Landscapes Weed control As needed lncl/S&T

MISCELLANEOUS FACILITIES
High weed mowing One Time (lX) $ 8,336
V-ditch cleaning Weekly- Oct 15- April 15 $ 4,200
TOTAL
BID $5 66,96 8
20 Rev.01/26/2024
Packet Page 278 of 634Attachment 2 Page 20 of 32

Docusign Envelope ID: 457F85AB-086E-4488-A513-EC488D9AA1AE EXHIBIT "C"

GENERAL PROVISIONS
1) INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent Contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that CONTRACTOR has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONTRACTOR to practice CONTRACTOR's profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3) TIME. CONTRACTOR shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement. CONTRACTOR shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONTRACTOR NOT AN AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6) PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7) STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All products which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. CITY shall be the sole judge as to whether the product of the CONTRACTOR is satisfactory.
21 Rev.01/26/2024
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Docusign Envelope ID: 457F85AB-086E-4488-A513-EC488D9AA 1 AE 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONTRACTOR. CONTRACTOR is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONTRACTOR shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
9) PRODUCTS OF CONSULTING. All products of the CONTRACTOR created under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS. CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officers, agents, employees and volunteers from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONTRACTOR or any person directly or indirectly employed by or acting as agent for CONTRACTOR in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY, its officers, agents, employees or volunteers.

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

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA 1AE conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONTRACTOR possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.
14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONTRACTOR in the amount of $600 (six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONTRACTOR is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONTRACTOR is doing business as other than a sole proprietorship, CONTRACTOR shall provide CONTRACTOR's federal tax identification number. 15) LABOR AND WAGE CODE GUIDELINES. 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.

Attention is directed to the Federal Minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rates. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rates, which most closely approximates the duties of the employees in question.
23 Rev. 01/26/2024
Packet Page 281 of 634Attachment 2 Page 23 of 32

D o c u s ig n E n v e lo p e ID : 4 5 7 F 8 5 A B -0 8 6 E -4 4 B 8 -A 5 1 3 -E C 4 8 B D 9 A A 1 A E 16) CONTRACT BONDS (required for projects above $25k). The Contractor shall furnish two good and sufficient bonds in compliance with applicable federal and state laws. One of the bonds in the amount of one hundred percent (100%) of the contract price shall guarantee the faithful performance of the contract by the Contractor; and, in addition, by its terms, the faithful performance bond shall remain in full force and effect for a period of one (1) year from and after the completion and acceptance of said work to guarantee the repair and/or replacement of faulty workmanship and defective material. The other bond shall be a payment (labor and material) bond in the amount of one hundred percent (100%) of the contract price. Each respective bond shall be in the form set forth in the Articles of Agreement Section.

The City Engineer before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds. 24 Rev. 01/26/2024
Packet Page 282 of 634Attachment 2 Page 24 of 32

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA 1 AE EXHIBIT "D"

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

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

D Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$ _ □ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D Builder's Risk/ Course of Construction Insurance in the minimum amount of$ _ 3) INSURANCE PROVISIONS
a) 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 25 Rev. 01/26/2024
Packet Page 283 of 634Attachment 2 Page 25 of 32

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BO9AA1 AE expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.
ii) For any claims related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers.

Best's rating of no less than A:VII, unless otherwise acceptable to the CITY.

Docusign Envelope ID: 457F85AB-086E-44B8-A513-EC48BD9AA 1 AE received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub-contractor's insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
27 Rev. 01/26/2024
Packet Page 285 of 634Attachment 2 Page 27 of 32

D o cuS ign-
Certificate Of Completion
Envelope Id: 457F85AB086E44B8A513EC48BD9AA 1AE Status: Completed Subject: Complete with Docusign: City of Fairfield-True North - LLMD No 5 Smith Ranch (Rancho Solano)_20 ..

Source Envelope:

Document Pages: 35
Certificate Pages: 4
AutoNav: Enabled
Signatures:

Initials: 0
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Envelope Originator:

Valerie Standfill
1000 Webster Street
Community Development - Building Services
Fairfield, CA 94533
[email protected]
IP Address: 64.162.152.2
Record Tracking
Status: Original
7/22/2024 12:07:42 PM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
David Huppe
david .huppe@ truenorthlandscapes.com
Security Level: Email, Account Authentication
(None)
Holder: Valerie Standfill
[email protected]
Pool: StateLocal
Pool: City of Fairfield
Signature
[];z:~r~
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 7/22/202412:10:12 PM
Viewed: 7/23/2024 2:03:08 PM
Signed: 7/26/2024 12:24:44 PM
Signature Adoption: Pre-selected Style
Using IP Address: 50.215.22.5
Electronic Record and Signature Disclosure:

Accepted: 7/26/2024 12:21 :26 PM
ID: 0b652f20-1e1c-43bf-adee-8fecf1592d89
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7/22/202412:10:12 PM
7/23/2024 2:03:08 PM
7/26/2024 12:24:44 PM
7/26/2024 12:24:44 PM
Timestamps
Electronic Record and Signature Disclosure
Packet Page 286 of 634Attachment 2 Page 28 of 32

Electronic Record and Signature Disclosure created on: 2/3/2021 9:06:07 AM Parties agreed to: David Huppe

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fairfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to 'I agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Packet Page 287 of 634Attachment 2 Page 29 of 32

U n le s s y o u te ll u s o th e r w is e in a c c o r d a n c e w ith th e p ro c e d u r e s d e s c r ib e d h e r e in , w e w ill p ro v id e e le c tro n ic a ll y to y o u thro u g h th e D o c u S ig n s y s te m a ll re q u ir e d n o tic e s , d is cl o s u r e s , a u th o r iz a t io n s , a c kn o w le d g e m e n ts , a n d o th e r d o c u m e n ts th a t a r e re q u ir e d to b e p ro v id e d o r m a d e a v a ila b le to y o u d ur in g th e c o u r s e o f o u r r e la tio n s h ip w ith y o u . T o r e d u c e th e c h a n c e o f y o u in a d v e r te n tl y n o t r e c e iv in g a n y n o tic e o r d is cl o s u r e , w e p r e fe r to p ro v id e a ll o f th e re q u ir e d n o t ic e s a n d d is cl o s u r e s to y o u b y th e s a m e m e th o d a n d to th e s a m e a d d r e s s th a t y o u h a v e g iv e n u s . T h u s , y o u c a n r e c e iv e a ll th e d is cl o s u r e s a n d n o tic e s e le c tro n ic a ll y o r in p a p e r fo rm a t thr o u g h th e p a p e r m a il d e liv e r y s y s te m . If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

Packet Page 288 of 634Attachment 2 Page 30 of 32

i. decline to sign a docum ent from within your signing session, and on the subsequent page, select the check-box indicating you w ish to w ithdra w your consent, or you m ay; ii. send us an em ail to jbertany@ fa irfield.ca.gov and in the body of such request you m ust state your em ail, fu ll nam e, m ailing address, and telephone num ber. W e do not need any other info rm ation fr om you to withdra w consent.. The consequences of your w ithdra w ing consent fo r online docum ents will be that tra nsactions m ay take a longer tim e to pro cess ..

Packet Page 289 of 634Attachment 2 Page 31 of 32

Packet Page 290 of 634Attachment 2 Page 32 of 32

Agenda Item No: 16.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024207 of the City Council of the City of Fairfield Approving a Contractor Services Agreement with True North Landscapes, LLC for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District Nos. 10 (Southbrook) and No. 16 (Creekside)
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Approval of the proposed resolution will authorize the city manager to execute a contractor services agreement with True North Landscapes, LLC (True North) for landscape maintenance services for Landscaping and Lighting Maintenance District No. 10 (Southbrook) (LLMD No. 10) in the amount of $516,325.33 and for Lighting Maintenance District No. 16 (Creekside) (LLMD No. 16) in the amount of $25,922.66 for a total contract amount of $542,247.99.

DISCUSSION
The previous agreement with Dominguez Landscaping Services (Dominguez) for landscape maintenance services for LLMD No. 10 and LLMD No. 16 expired in December 2023, after Dominguez unexpectedly moved their operations out of Solano County. Since then, maintenance has been provided by True North on a monthtomonth basis under a service contract while the Public Works Operations Division solicited bids and negotiated contracts.

Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenance services may be let on the basis of demonstrated competence and professional qualifications. True North has been in business since 2022 with Commercial Landscaping. Services include installation, water management, maintenance, tree care, organics and environmental restoration.

The approval of the proposed resolution will authorize the city manager to execute a contractor services agreement with True North in the amount of $542,247.99 for landscape maintenance services in LLMD No. 10 and LLMD No. 16. The initial term of the agreement is from September 1, 2024, through December 31, 2025, with an option to extend for up to four additional terms of up to 24 months each Packet Page 291 of 634

Agenda Item No: 16.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024207 of the City Council of the City of Fairfield Approving a ContractorServices Agreement with True North Landscapes, LLC for Landscape MaintenanceServices in the Landscaping and Lighting Maintenance District Nos. 10 (Southbrook)and No. 16 (Creekside)RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEApproval of the proposed resolution will authorize the city manager to execute a contractor servicesagreement with True North Landscapes, LLC (True North) for landscape maintenance services forLandscaping and Lighting Maintenance District No. 10 (Southbrook) (LLMD No. 10) in the amount of$516,325.33 and for Lighting Maintenance District No. 16 (Creekside) (LLMD No. 16) in the amount of$25,922.66 for a total contract amount of $542,247.99.DISCUSSIONThe previous agreement with Dominguez Landscaping Services (Dominguez) for landscapemaintenance services for LLMD No. 10 and LLMD No. 16 expired in December 2023, after Dominguezunexpectedly moved their operations out of Solano County. Since then, maintenance has been providedby True North on a monthtomonth basis under a service contract while the Public Works OperationsDivision solicited bids and negotiated contracts.Pursuant to Chapter 28.31 of the Fairfield Municipal Code, contracts for landscape maintenanceservices may be let on the basis of demonstrated competence and professional qualifications. TrueNorth has been in business since 2022 with Commercial Landscaping. Services include installation,water management, maintenance, tree care, organics and environmental restoration.The approval of the proposed resolution will authorize the city manager to execute a contractor servicesagreement with True North in the amount of $542,247.99 for landscape maintenance services in LLMD No. 10 and LLMD No. 16. The initial term of the agreement is from September 1, 2024, through December 31, 2025, with an option to extend for up to four additional terms of up to 24 months each term.

FINANCIAL IMPACT
Total authorization for the contractor services agreement for landscape maintenance services for LLMD No. 10 and LLMD No. 16 is $542,247.99 for the initial 16month term from September 1, 2024, through December 31, 2025.

Services for LLMD No. 10 in the amount of $516,325.33 for the initial 16month term will be paid from the Southbrook Maintenance District Fund (Organization Code 17660107) and services for LLMD No. 16 in the amount of $25,922.66 for the initial 16month term will be paid from the Creekside Maintenance District Fund (Organization Code 18460107).

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

Description
Proposed Resolution
Proposed Agreement
REVIEWERS:

Reviewer Action Date
Chaudhary, Savita Approved 8/7/2024 1:29 PM
Beavers, Esther Approved 8/8/2024 11:04 AM
Beavers, Esther Approved 8/8/2024 11:04 AM
Packet Page 292 of 634

CITY OF FAIRFIELD

RESOLUTION NO. 2024-207

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

SERVICES AGREEMENT WITH TRUE NORTH LANDSCAPES, LLC FOR LANDSCAPE MAINTENANCE SERVICES IN THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTS NO. 10 (SOUTHBROOK) AND NO. 16 (CREEKSIDE)

WHEREAS, landscaping services in Landscape and Lighting Maintenance District No. 10 (Southbrook) (LLMD No. 10) area have been funded with assessments levied under the landscaping and lighting districts (LLMD) since 1989, and landscaping services in Landscape and Lighting Maintenance District No. 16 (Creekside) (LLMD No. 16) area have been funded with assessments levied under the landscaping and lighting districts (LLMD) since 2003; and

WHEREAS, the City wishes to enter into a contractor services agreement with True North Landscapes, LLC for landscape maintenance services in LLMD No. 10 and LLMD No. 16.

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

Section 1. The city manager or designee is hereby authorized and directed to execute the contractor services agreement (Agreement) between the City of Fairfield and True North Landscapes, LLC for landscape maintenance services in LLMD No. 10 in the amount of $516,325.33 and LLMD No. 16 in the amount of $25,922.66 for a total authorization of $542,247.99 for an initial 16-month term beginning September 1, 2024, and ending December 31, 2025.

Packet Page 293 of 634Attachment 1 Page 1 of 2

RES. NO. 2024-207

Page 2 ends

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 294 of 634Attachment 1 Page 2 of 2

Docusign Envelope ID: C9BEADFF-A89B-4E3C-8EBD-E9694056FBF6

CONTRACTOR SERVICES AGREEMENT

LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 10 - SOUTHBROOK AND NO. 16 - CREEKSIDE
THIS AGREEMENT is made at Fairfield, California, as of _, 2024, by and between the City of Fairfield, a municipal corporation ("CITY") and True North Landscapes, LLC ("CONTRACTOR"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to the CITY the services described in Exhibit "A." CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit "A." 2) PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." CONTRACTOR's proposal is incorporated for referent in Exhibit "B-1."
3) FACILITIES AND EQUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4) GENERAL PROVISIONS. The general provisions set forth in the City of Fairfield Standard Specifications and Details, latest edition and Exhibit "C" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control.
6) BUSINESS LICENSE. The CONTRACTOR 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 CONTRACTOR. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at www.fairfield.ca.gov/biz 7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect from September 1, 2024, through December 31, Rev.01/26/2024
Packet Page 295 of 634Attachment 2 Page 1 of 32

Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 2025. This Agreement may be extended for up to four (4) additional terms of up to twenty- four (24) months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the June San Francisco-Oakland-Hayward Consumer Price Index for Urban Wage Earners and Clerical Workers (not seasonally adjusted for all items) upon mutual written Agreement of both parties.
9) 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
10) AMENDMENTS TO SCOPE OF WORK. Notwithstanding the above, at the approval of the Public Works Director or designee, CITY and CONTRACTOR may mutually agree in writing to modify the Scope of Work set forth in Exhibit "A" in order to address the changing landscaping service needs of CITY; however, such modification shall not increase the not-to-exceed amount of the AGREEMENT set forth in Exhibit "B."
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By: _
David, Gassaway, City Manager
True North Landscapes, LLC
lnSigned by:

Bll ~~F~l,
David Huppe, President/CEO
2 Rev.01/26/2024
Packet Page 296 of 634Attachment 2 Page 2 of 32

Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 EXHIBIT "A"

SCOPE OF SERVICE

LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS

1. LOCATION OF SERVICES
Services for the Landscaping and Lighting Maintenance District No. 10 - Southbrook includes curbside planters in front of the residential lots and on roadsides, median islands, bike trails, park, sedimentation basins and open spaces. Refer to the Area Index Maps.

Services for the Landscaping and Lighting Maintenance District No. 16 - Creekside includes roadside shoulders and median islands (bordering the Creekside Subdivision) along Red Top Road west of Oakbrook Drive and on the west shoulder of Oakbrook Drive between Red Top Road and Silverado Drive. Refer to the Area Index Maps.

CONTRACTOR should conduct an independent field survey for exact measurement.

2. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED
CONTRACTOR will be responsible for plant material, trees, hardscapes, high weed mowing of open space and any other requirements of these specifications.

3. DESCRIPTION OF SERVICES
A. Lawn and Hard Fescue Care
I. Mowing
a. CONTRACTOR shall maintain turf with a consistent green appearance and healthy, growing condition
free of weeds.
b. Lawns shall be mowed once every week in the summer and bi-weekly in the winter or more often
if necessary, unless otherwise specified, to maintain a neat, trim appearance. c. CONTRACTOR will remove all litter, branches and debris from each lawn area prior to mowing.
d. Turf height shall be maintained at 3-inches during the summer and 2 ½ . inches during the winter.
e. Mowing directions shall be periodically alternated.
f. "Scalping" of turf will not be permitted.
g. Tufts of grass in corners or other areas that cannot be reached by a mower shall be mowed with a monofilament line trimmer.
h. CONTRACTOR may choose to use mulching blades on mowers; however, all 3 Rev. 01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 excessive mowed clippings shall be removed from the job site on the same day.
i. Mowing schedules shall be coordinated with the CITY. j. Any damage to the turf caused by a mower shall be the responsibility of CONTRACTOR to make the repairs to the satisfaction of the CITY.

II. Edging
a. Lawn edging will be performed every other week.
b. Lawn edging along paved areas, around valve boxes, and around other utility structures shall be kept neatly edged.
c. Edges against fences and walls shall be sprayed, maintaining a 4-inch vegetation-free band.
d. V-ditches bordering turf areas shall be edged.

IV. Pest Control in Lawn Areas and Hard Fescue (no-mow Fescue) Areas a. Lawn areas shall be kept free of weeds.
b. Pre-Emergent Weed Control
(i) CONTRACTOR will apply a pre-emergent herbicide two times (2X) per year. c. Post-Emergent Weed Control
(i) CONTRACTOR will spot treat with a post-emergent herbicide and grassy weeds.
d. Turf diseases, weed and insect infestations must be identified and controlled in a timely manner. Reapplication of control methods will be required to correct or control failed treatments.
e. The Contractor shall exercise extreme care in the use of herbicides and insecticides to avoid harm to non-target plants, as well as non-target insects, such as bees.

V. Fertilizer Applications
a. Turf will be fertilized one (1) time per year. Fertilization schedule is subject to change due to weather conditions. Schedule shall be coordinated with the Inspector.
b. Fertilizer selection must be approved by CITY.

B. T re e Ca re
CONTRACTOR shall be responsible for all tree maintenance up to 8 feet. 4 Rev.01/26/2024
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Docusign Envelope ID: C9BEADFF -A89B-4E3C-8E8D-E9694056FBF6 I. Pruning
a. Trees shall be pruned one times (lX) per year subject to change due to weather, etc.
b. CONTRACTOR shall ensure that only professionally qualified personnel using approved methods and techniques perform pruning.
c. International Society of Arboriculture (ISA) pruning standards shall be used. d. All pruning cuts shall maintain the branch bark ridge and shall be cleanly cut with no tearing of the bark. No flush cuts shall be permitted. e. Lower branches overhanging walkways or paths shall be raised to a height of seven (7) feet or as directed by the CITY.
f. Lower branches overhanging streets or driveways shall be raised to a height of eight (8) feet or as directed by the CITY.
g. Suckers, watersprouts and other undesirable growth shall be removed.

C. Shrub and Ground Coverage
I. Shrub Pruning
a. Shrubs shall be pruned at least four times (4X) per year subject to change due to weather. CONTRACTOR may be required to prune more frequently if shrub growth encroaches on walkways, streets or signs or encumbers visibility. b. Shrubs, when sheared, shall be tapered back to form a natural appearance; vertical edges shall not be allowed.
c. Shrubs and ground co ver will be pruned to prevent encroachment on walkways, paths, curbs, paved areas and fence lines. Shrubs and ground co ver shall be maintained inside the edges of curbs or planter bed borders. d. Shrubs and ground co ver shall be pruned to rem ove all dead or damaged growth.
e. Where needed, ground cover shall be mowed once per year.

II. Ground Cover Pruning
a. Ground Cover shall be pruned and edged four times (4X) per year.

CONTRACTOR may be required to prune more frequently if ground cover growth encroaches on walkways or streets.
b. Where needed, ground co ver shall be mowed once per year to encourage healthy growth and allow for irrigation co verage.
c. Ground cover, such as ivy will not be allowed to grow/spread onto trees, walls, fences, buildings and other amenities.

Ill. Fertilization of Shrub Beds and Ground Cover Areas a. Fertilization schedule is subject to change due to weather. Schedule changes shall be coordinated with the CITY.
5 Rev.01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 b. CONTRACTOR must provide prior notification of planned fertilizer applications in order to receive credit for the work.
c. CONTRACTOR shall apply a slow-release complete fertilizer at a rate of six d. (6) pounds per 1,000 square feet. Fertilizer type will be approved by CITY.

IV. Pest Control in Shrub Beds and Ground Cover Areas
a. Planter beds and ground cover areas shall be kept free of weeds. b. CONTRACTOR must provide prior notification of planned pesticide applications in order to receive credit for the work.
c. Pre-emergent Weed Control
d. CONTRACTOR will apply pre-emergent herbicide two times (2X) per year. e. Snails and slugs shall be controlled with the use of approved metaldehyde snail bait.

D. Fertilization Standards
I. General
a. City staff will be the final authority for type and quantity of fertilizer to be applied.
b. A balanced slow-release fertilizer with micro-nutrients will be the minimum requirement
c. CONTRACTOR must provide prior notification of planned fertilizer applications in order to receive credit for the application. d. Plant material which demonstrates leaf burning or other forms of chemical harm will be given 120 days from notice of damage to recover and demonstrate healthy foliage condition. Plants that have not recovered from fertilizer damage after 120 days shall be replaced at CONTRACTOR 's expense. e. Fertilizer applications which fail to produce the desired results will be repeated at the CONTRACTOR 'sown expense.

E. Pest Management
I. Laws and Regulations
a. CONTRACTOR shall comply with all Federal, State and local laws and regulations governing the use of chemicals for the control of weeds, diseases and pests, including obtaining all the required permits and licenses for the possession and use of pesticides.
b. CONTRACTOR shall register with the Solano County Department of Agriculture and shall obtain a Solano County Operator Identification Number for each year of the contract. CONTRACTOR will furnish the CITY with a copy of each year's Solano County registration documents with the Operator Identification Number.
c. Written recommendations from a licensed Pest Control Advisor will be required for all pesticide applications. A copy of these recommendations shall be made available to CITY for approval prior to any work. d. CONTRACTOR shall permit pesticide applications to be done only by qualified, trained personnel under the supervision of a State licensed pest control 6 Rev.01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 operator or certified applicator using recognized and approved materials and methods.
e. Employee pesticide training shall comply with the training regulations established by the California Department of Pesticide Regulation. f. Use of aquatic pesticides, where applicable, shall comply with NPDES and California Department of Fish and Wildlife regulations and must be approved in advance by the CITY.

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

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

G. High Weed Mowing
I. All high-weed mowing (as listed in area descriptions) will be performed one time (1X) per year.
7 Rev.01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 H. M iscellaneous Facilities
General - the items listed below are considered routine maintenance and therefore will not be considered extra work
I. Drainage System Areas
a. All drainage systems on the properties for purposes of rainwater or irrigation water collection, whether surface swales, trench drains, V-ditches, catch basins and gutters shall be maintained in a clean condition free of debris, erosion waste, weeds or any blockage.
b. Gutters and curb way aprons shall be kept clean of weeds and gardening debris.
c. Natural creeks and streams are not included in this contract. d. CONTRACTOR shall prevent any material created as a result of his activities from entering the storm drain system. The storm drain system includes, but is not limited to, the gutter, the roadway, V-ditches, catch basins, creeks, and any underground storm water drain inlet. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work.
e. All concrete-lined ditches within the contract areas shall be kept clean and clear at all times. The V-ditches and the catch basins that these ditches empty into shall be thoroughly inspected and cleaned out weekly between October 15th to April 15th. More frequent cleaning may be required due to heavy rains. Edges should be checked periodically for erosion and damage to concrete structures. Special care will be taken by CONTRACTOR to keep debris out of all basins while V-ditch maintenance is occurring. f. When a drainage system is blocked by debris from off the site or by erosion waste from offsite major storm damage, correction will be made by others after prompt notification by CONTRACTOR or will be considered extra-cost work as approved by the CITY.
g. CONTRACTOR will be responsible for weed control at the Sonata Drive Sedimentation Basin. CONTRACTOR shall be responsible for pre-emergent application of the access road around the basin. The access road shall be weed free at all times. All fence lines bordering along the basin shall be free of weeds.

II. Erosion Control
a. CONTRACTOR shall not be responsible for structural maintenance or repair or replacement of swales and drain lines except for such structural maintenance, repair or replacement resulting from damage caused by CONTRACTOR or his agents.
b. Erosion resulting from major storm damage that requires major slope reconstruction and/or installation of additional drainage facilities shall be the responsibility of others.
8 Rev. 01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 Ill. Sidewalks and Driveways
a. Debris and silt shall be immediately removed from sidewalks, gutters and driveways.
9 Rev.01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8O-E9694056FBF6

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

LAWN AREAS FREQUENCY
Leaf, Litter and Trash Removal Weekly
Mow Weekly/summer Bi-weekly/winter
Edge Every Other Week
Spot Weed Control Weekly
Weed Control: broad leaf and grassy Two times (2X) per year - spring and fall. weeds Pre and Post emergent
Control of Turf Diseases, Insect As Needed
Infestations
Fertilization lX/year in March/April

SHRUBS AND TREES FREQUENCY
Leaf, litter and trash removal Weekly
Weed control As needed
Shrub Pruning Four times (4X) per year
Shrub Fertilizer One time (lX) per year
Pest/Disease Control As needed
Tree Pruning - Pedestrian clearance only Two times (2X)

GROUND COVER AND VINES FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Weed Control Weekly
Pre-emergent Two times (2X) per year
Pest/Disease control As needed
Prune & Edge Four times (4X) per year

UNDEVELOPED AREAS FREQUENCY
Leaf, Litter and trash removal Weekly
High-Weed Mow One Time (lX) per Year

PAVED AREAS FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Weed Control As Needed
10 Rev.01/26/2024
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Oocusign Envelope ID: C9BEADFF-A89B-4E3C-8E8O-E9694056FBF6 SITE CONSIDERATIONS FREgUENCY
Site Inspections with CITY At least once per month
Clean V-Ditches/Drain Inlets Inspected and cleaned weekly between October 15 and April 15
11 Rev.01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6

5. AREA MAPS INDEX
South Cordelia AM-1
South Cordelia AM-2
South Cordelia AM-3
South Cordelia AM-4
South Cordelia AM-5
Creekside AM-6
12 Rev.01/26/2024
Packet Page 306 of 634Attachment 2 Page 12 of 32

Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 South Cordelia - Map 1 O = District Boundaries ■ = High Weed Mow Ar,eas contraet Includes all curbside planters, inch1ding those In front of reside,ntial lots, as well as ·all bike trails included within district boundaries. Contract does not include maintenance of school properties.

AM-1
13 Rev.01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 South Cordelia - Map 2
D = District Boundaries
I = High Weed Mow Areas
contract includes all curbside planters, including these in front of 'residential lots, as well as all bike trails included within district boundaries. Contract does not include maintenance of school properties.

AM-2
14 Rev,01/26/2024
Packet Page 308 of 634Attachment 2 Page 14 of 32

Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 South Co,rdelia - Map 3 O = District Boundarie-s ■ = High WE}ed Mow Areas Contract includes all curbside planters, Including those in front of residential lots, as well as all bike trails included within district boundaries. Contract does not include maintenance, of school properties ..
*Curbside Planters in front of rasldentia] lots on Hummingbird Drive, B ram blew ood D riv e, and Leaning Oak Drive are excluded from the contract.

A M -3
15 Rev. 01/26/2024
Packet Page 309 of 634Attachment 2 Page 15 of 32

Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 South Cordelia - Map 4 O = District :Boundaries ■ - High Weed Mow Areas Contract includes all curbside planters, including those in front of residential lots, a.s we ll! as all bike trails included with in district boundaries. Contract does not include maintenance of school properti es .

AM-4
16 Rev.01/26/2024
Packet Page 310 of 634Attachment 2 Page 16 of 32

Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 South Cordelia - Map 5 D = District .Boundaries ■ = High Weed Mow Areas Contract includes all curbside planters, Including those In front of residential lots, a:s well as aU bike trails Included within district boundartes. Contract does not include maintenance of school properties.

AM-5
17 Rev.01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8O-E9694056FBF6 Creekside O = District Boundaries ■: = High Weed Mow Areas AM-6
18 Rev. 01/26/2024
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Docusign Envelope ID: C9BEADFF-A898-4E3C-8E8D-E9694056FBF6 EXHIBIT "B"

PAYMENT
1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $542,247.99 for the initial 16-month term, which is effective September 1, 2024, through December 31, 2025.
2) Payment shall be made to CONTRACTOR based on monthly progress billings and final invoice.

Final invoice to be submitted on completion of scope of work set forth in Exhibit "A". 3) Any additional meetings or work required beyond that set forth in Exhibit "A" shall be mutually agreed to by the CITY and CONTRACTOR, and shall be billed on a time and materials basis to the City of Fairfield.
19 Rev.01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 EXHIBIT "B-1"
LLMD No. 10 - SOUTHBROOK BID SHEET

ITEM FREQUENCY UNIT ANNUAL

COST COST

LAWN AND HARD FESCUE CARE
Lawn mowing Weekly- 44x (every two weeks $66,928 in winter) Lawn edging Every Other Week included
Spot Weed Control Weekly $8,798
Weed Control: Broadleaf and Grassy Two Times- Spring and Fall $5,598 Control of Turf Diseases, Insect As Needed $ 875 Infestations Fertilize One time (lX) March/April $10,234

SHRUB AND TREE CARE
Pre- Emergent weed control Two Times- Spring and Fall $12,882 Weed Control As Needed $42,982
Tree Pruning Two Times (2X)- PED only $ 2,850
Control of Diseases, Insect Infestations As needed $35,10 6 Shrub Pruning Four Times (4X) $174,909
Leaf, litter, and Trash removal Weekly- $ 3,000
Fertilize One Time (lX) $ 8,216

GROUND COVER AND VINES
Leaf, litter, and trash removal Weekly lncl/S& T
Weed control Weekly lncl/S&T
Pre-emergent weed control Two Times- Spring and Fall lncl/S& T Control of Diseases, Insect Infestations As needed lncl/S& T Ground cover pruning and edging Four Times (4X) lncl/S&T

UNDEVELOPED AREAS
Leaf, litter, and trash removal Weekly-Adjacent to Landscapes included Weed control As needed lncl/S& T

MISCELLANEOUS FACILITIES
High weed mowing One Time (lX) $11 ,266
V-ditch cleaning Weekly- Oct 15- April 15 $ 3,600
Trash Pickup One time (lX) per week included
TOTAL $387,244 BID
20 Rev. 01/26/2024
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Oocusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 LLMD NO. 16 CREEKSIDE BID SHEET

ITEM FREQUENCY UNIT ANNUAL

COST COST

SHRUB AND TREE CARE
Pre- Emergent weed control Two Times- Spring and Fall $ 2,110 Weed Control As Needed $ 2,236
Tree Pruning Two Times (2X)- PED only $ 200
Staking/Re-bracing trees As needed $ 750
Control of Diseases, Insect Infestations As needed $ 2,144 Shrub Pruning Four Times (4X) $ 8,842
Leaf, litter, and Trash removal Weekly- $ 636
Fertilize One Time (lX) $ 1,846

GROUND COVER AND VINES
Leaf, litter, and trash removal Weekly lncl/S&T
Weed control Weekly lncl/S&T
Pre-emergent weed control Two Times- Spring and Fall lncl/S&T Control of Diseases, Insect Infestations As needed lncl/S& T Ground cover pruning and edging Four Times (4X) lncl/S& T

PAVED AREAS
Leaf, litter, and trash removal Weekly- Adjacent to included Landscapes Weed control As needed lncl/S&T

MISCELLANEOUS FACILITIES
High weed mowing One Time (lX) $ 678
TOTAL $ 19,442 BID
21 Rev.01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 EXHIBIT "C"

GENERAL PROVISIONS
1) INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent Contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that CONTRACTOR has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONTRACTOR to practice CONTRACTOR's profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3) TIME. CONTRACTOR shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR's obligations pursuant to this Agreement. CONTRACTOR shall adhere to the Schedule of Activities as described in their Executive Summary.
4) CONTRACTOR NOT AN AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6) PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
7) STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All products which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. CITY shall be the sole judge as to whether the product of the CONTRACTOR is satisfactory.
22 Rev. 01/26/2024
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Oocusign Envelope ID: C9BEADFF-A89B-4E3C-8E8O-E9694056FBF6 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONTRACTOR. CONTRACTOR is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONTRACTOR shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
9) PRODUCTS OF CONSULTING. All products of the CONTRACTOR created under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS. CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officers, agents, employees and volunteers from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONTRACTOR or any person directly or indirectly employed by or acting as agent for CONTRACTOR in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY, its officers, agents, employees or volunteers.

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

Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONTRACTOR possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.
14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONTRACTOR in the amount of $600 (six hundred dollars) or more in any one calendar year, CONTRACTOR shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONTRACTOR is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONTRACTOR is doing business as a sole proprietorship, CONTRACTOR shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONTRACTOR is doing business as other than a sole proprietorship, CONTRACTOR shall provide CONTRACTOR's federal tax identification number. 15) LABOR AND WAGE CODE GUIDELINES. 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.

Attention is directed to the Federal Minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rates. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rates, which most closely approximates the duties of the employees in question.
24 Rev. 01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 16) CONTRACT BONDS (required for projects above $2Sk). The Contractor shall furnish two good and sufficient bonds in compliance with applicable federal and state laws. One of the bonds in the amount of one hundred percent (100%) of the contract price shall guarantee the faithful performance of the contract by the Contractor; and, in addition, by its terms, the faithful performance bond shall remain in full force and effect for a period of one (1) year from and after the completion and acceptance of said work to guarantee the repair and/or replacement of faulty workmanship and defective material. The other bond shall be a payment (labor and material) bond in the amount of one hundred percent (100%) of the contract price. Each respective bond shall be in the form set forth in the Articles of Agreement Section.

The City Engineer before execution of the contract by City may require that Contractor submit the documents enumerated in Code of Civil Procedure section 995.660 to verify the sufficiency of the surety or sureties on the contract bonds. 25 Rev. 01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8EBD-E9694056FBF6 EXHIBIT "D"

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

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

D Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$ _ □ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D Builder's Risk/ Course of Construction Insurance in the minimum amount of$ _ 3) INSURANCE PROVISIONS
a) 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 26 Rev.01/26/2024
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Docusign Envelope ID: C9BEADFF-A89B-4E3C-8E8D-E9694056FBF6 expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.
ii) For any claims related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers.

Best's rating of no less than A:VII, unless otherwise acceptable to the CITY.

Docusign Envelope ID: C9BEADFF-A898-4E3C-8E8O-E9694056FBF6 received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub-contractor's insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
28 Rev. 01/26/2024
Packet Page 322 of 634Attachment 2 Page 28 of 32

D o cu S ig n ·
Certificate Of Completion
Envelope Id: C9BEADFFA8984E3C8E8DE9694056FBF6 Status: Completed Subject: Complete with Docusign: City of Fairfield-True North - LLMD No10 Southbrook - No 16 Creekside_2 ..

Source Envelope:

Document Pages: 36
Certificate Pages: 4
AutoNav: Enabled
Signatures: 1
Initials: O
Envelope Originator:

Valerie Standfill
1000 Webster Street
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Community Development - Building Services
Fairfield, CA 94533
[email protected]
IP Address: 64.162.152.2
Record Tracking
Status: Original
7/22/2024 12:10:28 PM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Holder: Valerie Standfill
[email protected]
Pool: StateLocal
Pool: City of Fairfield
Location: DocuSign
Location: DocuSign
Signer Events
David Huppe
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Timestamp
Sent: 7/22/2024 12:12:51 PM
Viewed: 7/23/2024 2:21 :15 PM
Signed: 7/26/2024 12:16:28 PM
Signature Adoption: Pre-selected Style
Using IP Address: 50.215.22.5
Electronic Record and Signature Disclosure:

Accepted: 7/23/2024 2:21 :15 PM
ID: 72 c83ae 7-1294-4ad9-8900-3d330f25f62c
In Person Signer Events
Editor Delivery Events
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Status
Status
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Timestamp
Timestamp
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Timestamp
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7/22/2024 12:12:51 PM
7/23/2024 2:21:15 PM
7/26/2024 12:16:28 PM
7/26/2024 12:16:28 PM
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Status
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Security Checked
Security Checked
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Completed
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Electronic Record and Signature Disclosure
Packet Page 323 of 634Attachment 2 Page 29 of 32

Electronic Record and Signature Disclosure created on: 2/3/2021 9:06:07 AM Parties agreed to: David Huppe

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fairfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Packet Page 324 of 634Attachment 2 Page 30 of 32

U n l e s s y o u te ll u s o t h e r w i s e in a c c o r d a n c e w ith th e p ro c e d u r e s d e s c r ib e d h e r e in , w e w ill p ro v id e e l e c t ro n i c a ll y to y o u thr o u g h th e D o c u S i g n s y s t e m a ll r e q u ir e d n o t ic e s , d is cl o s u r e s , a u t h o r iz a t io n s , a c kn o w l e d g e m e n t s , a n d o t h e r d o c u m e n ts th a t a r e r e q u ir e d to b e p ro v id e d o r m a d e a v a il a b l e to y o u d u r in g t h e c o u r s e o f o u r r e la tio n s h ip w ith y o u . T o r e d u c e th e c h a n c e o f y o u in a d v e r t e n tl y n o t r e c e i v i n g a n y n o t ic e o r d is cl o s u r e , w e p r e fe r to p ro v id e a ll o f th e r e q u ir e d n o t ic e s a n d d i s cl o s u r e s t o y o u b y th e s a m e m e th o d a n d to th e s a m e a d d r e s s th a t y o u h a v e g iv e n u s . T h u s , y o u c a n r e c e iv e a ll th e d i s cl o s u r e s a n d n o t ic e s e le c tro n ic a ll y o r in p a p e r fo rm a t thr o u g h th e p a p e r m a i l d e li v e r y s y s t e m . If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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Packet Page 325 of 634Attachment 2 Page 31 of 32

i. d e cl in e to s ig n a d o c u m e n t fr o m w ith in y o ur s ig n in g s e s s io n , a n d o n th e su b s e q u e n t p a g e , s e le c t th e c h e c k -b o x in d ic a tin g y o u w is h to w ith d ra w y o u r c o n s e n t, o r y o u m a y ; ii. s e n d u s a n e m a il to jb e r ta n y @ fa ir fi e ld .c a .g o v a n d in th e b o d y o f s u c h re q u e s t y o u m u s t sta te y o u r e m a il, fu ll n a m e , m a ilin g a d d r e s s , a n d te le p h o n e n u m b e r. W e d o n o t n e e d a n y o th e r in fo rm a tio n fr o m y o u to w ith d ra w c o n s e n t.. T h e c o n s e q u e n c e s o f y o u r w ith d ra w in g c o n s e n t fo r o n li n e d o c u m e n ts w ill b e th a t tra n s a c tio n s m a y ta k e a lo n g e r tim e to p ro c e s s ..

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Packet Page 326 of 634Attachment 2 Page 32 of 32

Agenda Item No: 17.

AGENDA REPORT
DATE:August 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolutions 2024208 Through 2024210 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Professional Services Agreements for OnCall Engineering Services Between the City of Fairfield and Ghirardelli Associates, Ponticello Inc., and Rick Engineering
RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
The Public Works Department is responsible for processing private land development projects, and planning, designing and implementing the City’s Capital Improvement Projects. This work requires technical expertise to effectively support project design and construction. Adopting the proposed resolutions will authorize the city manager to execute three oncall agreements and allow the City to advance projects on an asneeded basis.

DISCUSSION
Oncall agreements with multiple engineering firms are needed to obtain competent and experienced personnel in a timely and costeffective manner. The oncall agreements will support the Public Works Engineering Division’s fluctuating workload of diverse projects, often on short notice, and work under the general supervision of the city engineer or designee. These services may also be used to respond to landslides, road failures, and other emergency situations.

The oncall agreements would allow flexibility in project assignment and provide the ability to assign projects to the firms as workload dictates. These agreements are also important to expedite grant funded projects to meet federal and state funding deadlines. The City has successfully utilized oncall agreements for design, project management, plan check services, specialty electrical engineering, and geotechnical peer review services for the Public Works Department in the last five years. Considering projects generally take multiple years to plan, design, and construct, the term of the agreements are proposed to be in effect through December 31, 2027. Staff are requesting the ability to extend the agreement for two additional oneyear terms upon mutual consent of the firms and the city manager.

Packet Page 327 of 634

Request for Qualification Process
Based on the projected number and technical complexity of planned projects in the next five years, staff released a Request for Qualifications (RFQ) on March 4, 2024, for professional engineering services.

The RFQ invited qualified firms to submit statement of qualifications (SOQs) to provide engineering staff augmentation services for capital improvement and development projects. Services are anticipated to include Capital Improvement Project management, design consultant oversight, development plan checking, regulatory permitting, technical memorandum review, map review, development conditions of approval, and agency coordination.

The City received six SOQs in response to the RFQ solicitation. The SOQs were evaluated by a five member panel and interviews with the shortlisted consultants were conducted on July 1015, 2024. The SOQs were ranked by category and the panel reviewed each project to assign the projects to the most qualified firms. State contracting laws require public agencies to select engineering firms based on qualifications. Based on the criteria within the RFQ, the evaluation committee determined that Ghirardelli Associates, Ponticello Inc., and Rick Engineering were the most qualified.

Ghirardelli Associates, Ponticello Inc., and Rick Engineering exhibited relevant experience planning and designing critical infrastructure for municipal agencies throughout California. They are very familiar with the oncall process and have a proven track record of supporting local agencies through the grant administration process.

Project Portfolio
Staff spent a considerable amount of time reviewing the 100+ capital improvement projects planned for the next five years. Potential projects that may be assigned to the consultant firms include Travis Safe Routes to Schools and Transit Trail, Peabody Road Widening (Air Base Parkway to Huntington), Vanden Road Widening and Canon Road Overcrossing, and the Annual Pavement, Sidewalk, and Americans with Disabilities Act (ADA) ramp projects. Without these oncall agreements, there is the potential to lose grant funding and delay other projects.

Over the past several months, developers have approached the city with the request to expedite the processing and approval of their submittals for private masterplanned community, residential, commercial, and industrial developments. Processing submittals often requires multiple plan checks to be performed to comprehensively review all aspects of a project’s proposed onsite and offsite improvements and engineering studies. The proposed agreements will allow the City to select from the three engineering firms available to provide responsive land development services.

FINANCIAL IMPACT
Funding for the land development oncall services to supplement existing staff workload is included in the fiscal year (FY) 20242025 Public Works General Fund operating budget. Funding for developer requested expedited or additional technical services will be reimbursed by the developer.

Funding for the Capital Improvement Projects oncall services would be supported by the specific project budgets established through the approved FY 20232028 Capital Improvement Program document for all fiscal years.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, this request may be delayed so that staff may provide the necessary background information. The council may choose not to approve the proposed contracts, or they may choose to only approve certain contracts and deny others. However, that is not recommended because Packet Page 328 of 634

Agenda Item No: 17.AGENDA REPORTDATE:August 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolutions 2024208 Through 2024210 of the City Council of the City of FairfieldAuthorizing the City Manager to Execute Professional Services Agreements for OnCallEngineering Services Between the City of Fairfield and Ghirardelli Associates,Ponticello Inc., and Rick EngineeringRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThe Public Works Department is responsible for processing private land development projects, andplanning, designing and implementing the City’s Capital Improvement Projects. This work requirestechnical expertise to effectively support project design and construction. Adopting the proposedresolutions will authorize the city manager to execute three oncall agreements and allow the City toadvance projects on an asneeded basis.DISCUSSIONOncall agreements with multiple engineering firms are needed to obtain competent and experiencedpersonnel in a timely and costeffective manner. The oncall agreements will support the Public WorksEngineering Division’s fluctuating workload of diverse projects, often on short notice, and work underthe general supervision of the city engineer or designee. These services may also be used to respondto landslides, road failures, and other emergency situations.The oncall agreements would allow flexibility in project assignment and provide the ability to assignprojects to the firms as workload dictates. These agreements are also important to expedite grantfunded projects to meet federal and state funding deadlines. The City has successfully utilized oncallagreements for design, project management, plan check services, specialty electrical engineering, andgeotechnical peer review services for the Public Works Department in the last five years. Consideringprojects generally take multiple years to plan, design, and construct, the term of the agreements areproposed to be in effect through December 31, 2027. Staff are requesting the ability to extend theagreement for two additional oneyear terms upon mutual consent of the firms and the city manager.Request for Qualification ProcessBased on the projected number and technical complexity of planned projects in the next five years, staffreleased a Request for Qualifications (RFQ) on March 4, 2024, for professional engineering services.The RFQ invited qualified firms to submit statement of qualifications (SOQs) to provide engineeringstaff augmentation services for capital improvement and development projects. Services areanticipated to include Capital Improvement Project management, design consultant oversight,development plan checking, regulatory permitting, technical memorandum review, map review,development conditions of approval, and agency coordination.The City received six SOQs in response to the RFQ solicitation. The SOQs were evaluated by a fivemember panel and interviews with the shortlisted consultants were conducted on July 1015, 2024. TheSOQs were ranked by category and the panel reviewed each project to assign the projects to the mostqualified firms. State contracting laws require public agencies to select engineering firms based onqualifications. Based on the criteria within the RFQ, the evaluation committee determined thatGhirardelli Associates, Ponticello Inc., and Rick Engineering were the most qualified.Ghirardelli Associates, Ponticello Inc., and Rick Engineering exhibited relevant experience planning anddesigning critical infrastructure for municipal agencies throughout California. They are very familiar withthe oncall process and have a proven track record of supporting local agencies through the grantadministration process.Project PortfolioStaff spent a considerable amount of time reviewing the 100+ capital improvement projects planned forthe next five years. Potential projects that may be assigned to the consultant firms include Travis SafeRoutes to Schools and Transit Trail, Peabody Road Widening (Air Base Parkway to Huntington),Vanden Road Widening and Canon Road Overcrossing, and the Annual Pavement, Sidewalk, andAmericans with Disabilities Act (ADA) ramp projects. Without these oncall agreements, there is thepotential to lose grant funding and delay other projects.Over the past several months, developers have approached the city with the request to expedite theprocessing and approval of their submittals for private masterplanned community, residential,commercial, and industrial developments. Processing submittals often requires multiple plan checks tobe performed to comprehensively review all aspects of a project’s proposed onsite and offsiteimprovements and engineering studies. The proposed agreements will allow the City to select from thethree engineering firms available to provide responsive land development services.FINANCIAL IMPACTFunding for the land development oncall services to supplement existing staff workload is included inthe fiscal year (FY) 20242025 Public Works General Fund operating budget. Funding for developerrequested expedited or additional technical services will be reimbursed by the developer. Funding for the Capital Improvement Projects oncall services would be supported by the specificproject budgets established through the approved FY 20232028 Capital Improvement Programdocument for all fiscal years.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the council has any questions, this request may be delayed so that staff may provide the necessary background information. The council may choose not to approve the proposed contracts, or they may choose to only approve certain contracts and deny others. However, that is not recommended because priority work within the Capital Improvement Program will be delayed.

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

Description
Attachment 1: Proposed Resolution Ghirardelli Associates Attachment 2: Proposed Agreement Ghirardelli Associates Attachment 3: Proposed Resolution Ponticello Inc.

Attachment 4: Proposed Agreement Ponticello Inc.

Attachment 5: Proposed Resolution Rick Engineering
Attachment 6: Proposed Agreement Rick Engineering
REVIEWERS:

Reviewer Action Date
Panganiban, Ryan Approved 8/6/2024 3:07 PM
Chaudhary, Savita Approved 8/6/2024 7:20 PM
Beavers, Esther Approved 8/7/2024 10:52 AM
Beavers, Esther Approved 8/7/2024 10:54 AM
Packet Page 329 of 634

CITY OF FAIRFIELD

RESOLUTION NO. 2024-208

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

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL ENGINEERING

SERVICES BETWEEN THE CITY OF FAIRFIELD AND GHIRARDELLI ASSOCIATES

WHEREAS, the City requires the support of engineering firms to provide on -call engineering and technical services; and

WHEREAS, the City conducted a competitive process for a qualifications based selection for engineering firms to provide services for infrastructure projects; and

WHEREAS, Ghirardelli Associates is qualified to provide professional engineering services.

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

Section 1. The city manager or designee is hereby authorized and directed to execute on behalf of the City of Fairfield that certain agreement for engineering and technical services with Ghirardelli Associates for a not-to-exceed amount of $600,000 for a contract term ending December 31, 2027.

Section 2. The city manager or designee is hereby authorized to execute on behalf of the City amendments for two one-year extensions upon mutual agreement of both parties.

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

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Packet Page 330 of 634Attachment 1 Page 1 of 1

PROFESSIONAL SERVICES AGREEMENT
TH IS A G R E E M E N T is m ade at Fairfield, California, as of ~ 20_, by and between the City of Fairfield, a municipal corporation (the "CITY") and Ghirardelli Associates, ("CONSULTANT"), who agree as follows:
1) SER VICES. 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. CONSUL TANT 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) B U S IN E S S LI C E N S E . T he C O N S U LT A N T shall obtain and kee p current a business license for w o rk w ithin the C ity o f Fairf ie ld pu rsuant to C hapter 10 B of the Fairf ie ld C ity C o de, w ith respect to the gro ss rece ipts received p u rsuant to this A greem e nt. N o p a ym e nts shall be made to any SER VICE P R O V ID E R u ntil su ch busine ss lice nse has bee n obtained, an d all fees p aid therefore, by the CO N S U LT A N T . B usine ss license a p p lica tio ns and info rm atio n m ay b e o bta ine d fr o m the C o m m u nity D eve lo p m e nt D e p a rt m e nt, Fairfi e ld C ity H all, 10 0 0 W eb ste r S treet, Fairfi e ld , C A 9 4 533-488 3, (70 7 -4 28 - 7 50 9 ) and on lin e at w w w .f airf ield .ca.go v/biz. 7) EX H IB IT S . A ll exh ib its re ferred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through December 31, 2027. 9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action ag ainst the othe r, the valid ity, interpretation, and performance of this Contract shall be controlled by and co nstrue d u n d e r the law s of C alifornia, excluding California's choice of law rules. Venue for any such actio n rela ting to this A gree m e nt shall b e in the S o lano Co u nty S up e rio r Co u rt . 10 ) W he re ap p licab le, ve h icles w ith a G V W R grea ter than 8 ,5 0 0 lb s. an d ligh t-duty package de live ry veh icl e s ope ra ted in Califo rn ia m ay b e su bject to the Califo rn ia A ir R e so u rces B o ard A dvanced C le an Fleets re g ula tio ns. S uch ve h icl es m ay the re fo re be su bject to req u irem e nts to red u ce e m issio ns of Revised 1/26/2024
Packet Page 331 of 634Attachment 2 Page 1 of 15

air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://wwl.arb.ca.qov/our-work/proqrams/advanced-clean-fleets 11)ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.

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

CITY Contact: Ryan Panganiban
E-mail: [email protected]
Invoices: [email protected]
Address: 1000 Webster Street, Fairfield CA, 94533
Telephone: 707-428-7017
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Stephen Tovmassian
E-mail: [email protected]
Address: 1970 Broadway Ste 1220, Oakland, CA 94612
Telephone: 661-645-1988
Revised 1/26/2024
Packet Page 332 of 634Attachment 2 Page 2 of 15

EX E C U T ED as o f th e d ay fi rst ab o v e -state d .

C ity o f Fa irfi e ld , a m u n ic ip a l co rp o ratio n B y : _
D av id G a ssa w ay , C ity M a n a g e r

CONSULTANT
'Rattdatt orUMet, 7?. t.

By:Randall Bruner, P.E. (Jul 30, 2024 09:32 PDT)
Randall Bruner, President/CEO
3 Revised 1/26/2024
Packet Page 333 of 634Attachment 2 Page 3 of 15

EX H IB IT "A "

SCOPE OF SERVICE
CO N SU LTA N T w ill assig n a Project M an ager (PM ) w hose duti es an d responsib iliti es are to provide pro fessio nal serv ices as describ ed in the sco p e of w o rk. In ad diti on, project su p port staff m ay be assigned as ne ed e d w ith the ap p ro val of the C ity.

C a p ital Im p ro vem e nt Serv ic es
• Preparatio n of R eq ue st fo r Pro po sals (R FPs) & Request fo r Q ualifi cations (R FQ s). • Preparatio n of Pro fessio n al Serv ic es A greem e nt (PSA 's); • Preparatio n of T ask O rde rs;
• Preparatio n of C ity Co u n cil age nd a rep o rt s; • Pro vid e eng inee ring/pro ject m anagem e nt sup p ort as directed by the C ity. • M e et w ith Stakeho ld e rs to discuss the project scop es of w o rk an d im plem entatio n sche d u les; • C o llab o rate an d co o rd in ate the sco ping of cap ital im prove m ent proje cts w ith ap p rop riate C ity staff ;
• M anage m e nt of cap ital im p ro vem e nt proje cts incl uding de sign consultant oversight; , • Review and pro vid e ap p roval reco m m end ations fo r desig n consultants m o nthly invo ices; • C o o rd inate preparatio n of req u ired env iro nm e ntal revie w w ith Plan n ing De p art m ent staff ; • C o llab o rate an d co o rd in ate the sco p ing of co nstruction m anage m ent services, as ne cessary; • C o o rd inate ap pro p riate C ity staff review of desig n consu ltant deliverab les including, but no t lim ited to, pro je ct sche d u les, pro ject co nstructio n estim ates, de sign m e m orandu m s, pro je ct plans, and project specifi catio n s;
• Co o rdinate preparatio n of project co ntract docum ents incl ud ing, but no t lim ited to , N otice to C o ntracto r, In structio ns to Bid d e rs, Pro po sal and A gree m e nt in the C ity of Fairfie ld 's stand ard fo rm at;
• C o o rdinate w ith U tility C o m pan ie s fo r necessary se rvices; • C o o rd inate w ith the Bu ild ing D e p art m e nt, if building pe rm it is ne cessary ; • C o o rdin ate proje ct pu b lic outreach effo rts;
• W o rk w ith C ity staff and design co nsultant to package co m plete bid do cum e nts fo r app roval and bid ad ve rt isem e nt;
• A ssist staff w ith bid ad ve rt ise m e nt, incl ud ing any pre-bid m e etin g; • M o n ito r bid d e r inq u irie s and co o rdinate w ith staff an d de sign consultants fo r responses; • Prep are an d issue A dd e nd a (if req u ired ) prio r to o p ening of bids; • C o o rd in ate ope n ing of bid s fo r each proje ct and revie w bid s to ve rify responsivene ss and respo nsib ility;
4 Revised 1/26/2024
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• P re p a re "B id S u m m a ry " fo r e a c h p ro je c t in th e fo rm a t p ro v id e d b y C ity sta ff ; • Sc h e d u le a n d p re p a re A g e n d a R e p o rt fo r "B id A w a rd " in th e fo rm a t p ro v id e d by C ity sta ff ; • C o o rd in a te p re p a ra tio n a n d e x e c u tio n o f co n tra cto r ag re e m e n ts ; • R e v ie w c o n tra cto r's in s u ra n ce a n d b o n d s fo r co n fo rm a n ce w ith th e C o n tra c t D o cu m e n ts; • Sc h e d u le , c o o rd in a te a n d att e n d P re -co n s tru ctio n m e e tin g s fo r e a c h p ro je ct w ith co n tra cto r, C ity sta ff a n d a p p ro p ria te u tilitie s a n d in te re ste d pa rt ie s ; • M o n ito r p ro je ct b u d g e t th ro u g h o u t d e s ig n a n d co n stru ctio n ; • C o o rd in a te w ith th e c o n s tru ctio n m a n a g e r, In sp e c to r an d d e sig n co n su lta n t o n cl o s e o u t o f o u tsta n d in g fi e ld is s u e s, co m p le tio n o f d o cu m e n tatio n , p ro je c t fi li n g , fi n a l pa y q u a n titie s, w a rra n tie s , m a in te n a n c e m a n u a ls , a n d a s -b u ilts . • C o o rd in a te w ith th e d e s ig n c o n s u lta n t o n fi n a l a cce p ta n ce o f th e im p ro v e m e n ts an d c o m p le tio n o f re co rd d ra w in g s .
• T h e PM w ill c o o rd in a te w ith sta ff o n fi n a l a cce p ta n ce an d a rch iv in g o f p ro je ct re c o rd s. • A s s is ta n c e w ith d e v e lo p m e n t o f C a p ita l Im p ro ve m e n t P ro g ra m , p re li m in a ry p ro je c t co st e s tim a te s a n d c a p ita l b u d g e t;
• O th e r c a p ita l p ro je c t e n g in e e rin g se rv ic e s a s re q u e ste d by th e C ity .

Development Services
Entitlement Review
Services covered under this paragraph are for private development application for a General Plan Amendment, Re-zone, General Development Plan, Specific Plan/Permit, and Vesting Tentative Map.

Before any work is initiated the City will specifically request CONSUL TANT perform tasks that may include the following:

1. Plan review and checking of land divisions.

2. Entitlement Review: tentative maps and other submittals for land divisions for proposed development and make recommendations as to engineering and/or planning matters.

3. Review Specific Plans and, when directed, provide technical assistance in the processing of all documents pertaining to the Specific Plan Areas, as well as the subsequent implementation of the Specific Plans (e.g., Environmental Impact Reports, Development Area Plans, Tentative and Subdivision Maps).

4. Review Drainage, Sewer, and Water Studies.

5. Provide assistance in the processing of annexations.

6. When directed, prepare staff reports and other documentation for development projects being reviewed.

7. Other work, as directed.
5 Revised 1/26/2024
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Project Management

1. Manage land development process between City staff, City consultants, developers, developer consultants, outside agencies, and other stakeholders.

2. Create specific entitlement tasks, maintain a project schedule/timeline, assist in the review of the project conducting regular project meetings, and draft regular written updates on the status of the project.

Plan Checking
CONSULTANT will follow the procedures already established by the City of Fairfield. Improvement plans will be checked for proper dedication and conformance to the City's design standards and local ordinances. Typical tasks are as follows:

1. Review improvement plan submittal with the city and obtain available record data on file at the County, if necessary.

2. Perform a field review of the development site to record existing and unusual or special conditions.

3. Review grading plans for compliance with the City Grading Ordinance applicable to drainage on and off site, slopes, erosion control, lot layout, etc.

4. Review documentation for any dedications, easements or temporary construction easements that would be required to facilitate pass through drainage, access, and other utilities.

5. Review adjacent property, zoning, and use for evaluation of impact of infrastructure utilities affecting those properties.

6. Check lot layout of development site, and area dimensions and property line information.

7. Review the street layout, including offsite improvements, centerline alignments, profiles and elevations, cross sections, pavement sections, design speeds, intersection geometrics, driveway entrances, sidewalks, and traffic control devices.

8. Identify and confirm appropriate location of existing and proposed utilities and easements.

9. Review infrastructure analysis for sizing and alignment of water, sewer, and storm drainage systems corresponding to City design criteria.

10. Review Drainage, Sewer, and Water Studies.

11. When directed, prepare staff reports and other documentation for development projects being reviewed.

Staff Mentoring

1. Provide feedback on the engineering processes, including preparation of templates, tracking tools, checklists and other work products to streamline and standardize the design review process.

2. Mentor current City staff in engineering development services, entitlements, and plan review. 6 Revised 1/26/2024
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General Development Engineering

1. Assist the city with lot line adjustments, certificates of compliance, dedications, vacation, easements, will serve letters, as well as evaluate project compliance with City and any state- adopted engineering and design standards, including subdivision standards.

2. Engineering review and analysis related to the creation and administration of community service districts, assessment districts, and bond issuances for the project areas.

3. Coordinate with city staff and city's infrastructure consultants for any project with a major General Plan amendment, which require updating of various infrastructure master plans. 7 Revised 1/26/2024
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E X H I B IT "B "

P A Y M E N T
1) Fo r an d in co n sid e ratio n of C o nsultant's Serv ices, CITY ag rees to pay CO N SU LT A N T fo r actual fees, co sts an d expe nses fo r all tim e and m ate rials expend ed, but in no event shall total co m pe nsation e xceed the am o u nts specifi e d in each Task/W ork O rde r fo r each Pro je ct. The total autho rized am o unt fo r this Agreem e nt is SIX H U N D R ED TH O U SA N D D O LLA RS ($600,0 00 ) w hich w ill not be e xceed e d w itho ut C ITY autho rizatio n .
2) C O N SU LT A N T shall provide a Sco p e of W o rk and Fee Pro posal o n a project-by- proje ct basis, fo r review by the C ITY. The ne gotiated Sco p e and Fee w ill be the basis fo r a T ask/W ork O rder fo r e ach sp e cifi c pro ject.
3 ) Paym e nt shall be m ade to C O N SU LTA N T on a tim e an d m aterials basis based on the C O N SU LT A N T 'S rates, attache d w ith Exhib it B. Each Ja n u ary 1st of sub seque nt years, the CO N SU LT A N T 'S rates shall no t exceed th e m o st current availab le in crease in the Co n sum e r Price In d ex. T he te rm "C o nsum e r Price In d ex" m eans the average of th e perce nt change in Con sum er Price In d ex fo r U rban W age Earn e rs an d C lerical w orks, as repo rted by the Bu reau of Labor Statistics or successo r agency, fr om the O cto be r preceding the an n u a l contract adju stm ent over the preced ing O cto ber, fo r the San Fran cisco Bay A rea, the W e stern urban Region, an d th e U .S.

C ities in d ices.
4) Extra W o rk pe rfo rm ed by the C O N SU LTA N T fo r any w o rk req uired by the C ITY w hich is not sp ecifi e d as part of Exhib it A , in clud ing but no t lim ited to, any ch anges to CO N SU LTA N T's Serv ices includ ing but no t lim ited to co ntract change orde rs after the aw ard of the co nstructio n contract by the C ity C o u ncil, or testim o ny in Co u rt, shall be co m p e n sated by the use of the tim e and m aterial fee rates of the att ache d Exhib it "B ." No extra w ork w ill be co m p ensated fo r unless req u ired by CI T Y in w riting .
5 ) C O N SU L TA N T shall sub m it invo ices to C ITY , A tte ntion : Ryan Pan gan ib an and CITY shall pay C O N SU LTA N T w ithin 30 days of rece iv ing a pro pe r invoice . C O N SU LTA N T shall notify the CIT Y in w riting w hen the CO N SU LTA N T's in vo ices total billing is w ithin 25% of the total autho rized am o unt 8 Revised 1/26/2024
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H o u r ly R a te s
Nam es, titles, and billable rates of key personnel are pro vided in the table below. All other personnel will be billed at the standard hourly rates show n in the '2024 M unicipal Engineering Services' Rate Sheet.

Key Personnel Rates
Classification 2024 Hourly Rate
Frank Navarro - Senior Principal Engineer
Stephen Tovm assian - Principal Engineer
Dave Nugen - Senior Pro ject M anager
$295
$273
$257
2024 Municipal Engineering Services
Classification 2024 Hourly Rate
Senior Principal Engineer $295
Principal Engineer $273
Senior Pro ject M anager $257
Project M anager $242
Senior Engineer $231
Associate Engineer $205
Assistant Engineer $174
Senior M anagem ent Analyst $184
M anagem ent Analyst $158
Adm inistrative Assistance $95
Engineering Trainee $85

1. Services are billed on a tim e-and-m aterials basis. All hourly rates include overhead costs. Overti m e services pro vided outside of norm al business hours will be billed at l.5x the applicable rate.

2. A ny extensive repro duction or delivery service charges shall be billed at actual.

3. Construction inspection activities are subject to prevailing wage requirem ents.

4. Per prevailing w age requirem ents, a shift differential is fo r any co vered work shift beginning after 2pm

5. Rates valid until 12/31/2024. Annual rate escalation is 5%. 36 Packet Page 339 of 634Attachment 2 Page 9 of 15

ClNQUI NI & PASSARINO, INC.
... BOUNDARY
... RAILROAD
... TOPOGRAPHIC
... INFRASTRUCTURE
... CONSTRUCTION
... HYDROGRAPI-IIC

EXHIBITC

HOURLY FEE SCHEDULE
MARCH I, 2024 TO FEBRUARY 28, 2025

OFFICE AND PROFESSIONAL
Professional Land Surveyor ( 4 HOUR MINIMUM)

TRIALS, TESTIMONY & DEPOSITIONS
Professional Land Surveyor

CONSULTATION, LEGAL RESEARCH & COURT EXHIBITS
Principal Professional Land Surveyor
Professional Land Surveyor
Staff Surveyor
Survey Technician
ChiefHydrographer Surveyor
Assistant Hydrographer
GIS Specialist
Remote Pilot

INCLUDES MISSION PLANNING, MILEAGE & MATERIAL
Administrative Assistance

WORD PROCESSING, CLERICAL AND DELIVERIES

LAND SURVEYING
$510.00 per hour
$300.00 per hour
$300.00 per hour
$200.00 - $230.00 per hour
$165.00 - $220.00 per hour
$150.00 - $185.00 per hour
$260.00 per hour
$ I 95.00 per hour
$160.00 per hour
$230.00 - $300.00 per hour
$120.00 - $180.00 per hour

FIELD CREWS

THE FOLLOWING INCLUDES VEHICLES, EQUIPMENT, MILEAGE & MATERIAL I Person Field Party $220.00 per hour
I Person GPS Party $250.00 per hour
2 Person Field Party $350.00 per hour

FIELD CREW CONSISTS OF PARTY CHIEF & CHAINMAN
3 Person Field Party $480.00 per hour
FIELD CREWS CONSIST OF PARTY CHIEF, 2 CHAINMEN OR CI-IAINMAN & FLAGPERSON.

Outside Contract Work
Overtime Work
Over 8 Hours on Saturday, all day on Sundays or Holiday Night Work (shifts starting after 4 PM or before 5 AM)
Travel Time for 2-Person Crew
(beyond 1 hour of travel outside an 8 hour workday)
GEDO Scan Equipment
UAS Equipment
Multibeam Survey Vessel Equipment
Singlebeam Survey Vessel Equipment

SUPPLEMENT AL ITEMS
Cost plus 15%
I .2 x base rate

1.4 x base crew rate
10% additional over base rates
$152.00 per hour
$1,000.00 per day
$750.00 per day
$1,500 per day
$1,000 per day
Schedule 2024/2025
1360 No. Dutton Ave., Suite 150 Santa Rosa, CA 9540 I Phone (707) 542-6268 Fax (707) 542-2106 37 Packet Page 340 of 634Attachment 2 Page 10 of 15

EX H IB IT "C"

G EN ER A L PR O V ISIO N S
1) IN DEPEND ENT CONSULTAN T. At all tim es during the term of this Agreem ent, CONSULTANT shall be an independent contractor and shall not be an em ployee of CITY. CITY shall have the right to control CO NSULTAN T only insofa r as the results of CONSU LTAN T's serv ices rendered pursuant to this A greem ent; how ever, CITY shall not have the right to contro l the means by w hich CO NSULTANT accom plishes serv ices rendered pursuant to this Agreem ent. 2) LIC ENSES; PERM ITS; ETC. CO NSULTANT represents and warrants to CITY that CONSULTANT has all licenses, perm its, qualifications, and appro vals of w hatsoever nature w hich are legally required fo r CO N SULTAN T to practice CON SULTAN T's profession. CON SULTAN T represents and warrants to CITY that CO N SULTAN T shall, at its sole cost and expense, keep in eff ect at all tim es during the term of this A greem ent, any licenses, perm its, and approvals w hich are legally required fo r CO NSULTANT to practice his profession.
3) TIM E. CON SULTANT shall devote such serv ices pursuant to this Agreem ent as may be reasonably necessary fo r satisfa ctory perfo rm ance of CO NSULTAN T's obligations pursuant to this A greem ent. CO N SULTANT shall adhere to the Schedule of Activities as described in their Executive Sum m ary.
4) CO NSULTANT NO T AN AG ENT. Except as CITY may specify in w riting, CONSULTANT shall have no authority, express or im plied, to act on behalf of CITY in any capacity w hatsoever as an agent.

CO N SU LTAN T shall have no authority, express or im plied, pursuant to this Agreem ent, to bind CITY to any obligation w hatsoever.
5) ASSIGNM EN T PROHIBITED . No party to this Agreem ent may assign any right or obligation pursuant to this Agreem ent. Any attem pted or purport ed assignm ent of any right or obligation pursuant to this Agreem ent shall be void and of no effect.
6) PERSO NN EL. CON SULTAN T shall assign only com petent personnel to perform serv ices pursuant to this Agreem ent. In the event that CITY, in its sole discretion, at any tim e during the term of this A greem ent, desires the rem oval of any person or persons assigned by CONSULTANT to perfo rm services pursuant to this Agreem ent, CO NSULTANT shall rem ove any such person im m ediately upon receiving notice from CITY of the desire of CITY fo r the rem ova I of such person or persons. 7) STANDARD O F PERFO RM ANC E. CONSU LTANT shall perfo rm all services required pursuant to this Agreem ent. Serv ices shall be perfo rm ed in the m anner and according to the standards observed by a co m petent practitioner of the pro fession in w hich CON SU LTANT is engaged in the geographical area in w hich CO NSULTANT practices his profession. All pro ducts which CO NSULTAN T delivers to CITY pursuant to this Agreem ent shall be prepared in a w orkm anlike manner, and confo rm to the standards of quality norm ally observ ed by a person practicing in CONSULTAN T's profession. CITY shall be the sole judge as to w hether the product of the CONSUL TAN T is satisfa ctory. 8) CANC ELLATIO N O F AG REEM ENT. This Agreem ent may be canceled at any tim e by the CITY at its discretion upon w ritt en notification to CONSU LTANT. CONSULTANT is entitled to receive full paym ent fo r all serv ices perfo rm ed and all costs incurred up to and including the date of receipt of w ritten notice 9 Revised 1/26/2024
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to cea se w o rk on the pro ject. CO N SU LTA N T shall be entitled to no further co m p e nsatio n fo r w ork p e rfo rm e d aft er the date of receipt of w ritt e n notice to cease w ork. A ll com p leted an d inco m plete p ro d u cts up to the date of receip t of w ritten no tice to cease w ork shall beco m e the prope rt y of C ITY. 9) PR O D U C TS O F CO N SU LTIN G . A ll pro d ucts of the C O N SU LTA N T provid e d und e r this A greem e nt shall be the pro p ert y of the C ITY .
10 ) IN D EM N IFY A N D H O LD H A R M LESS.
a) If A G R EEM EN T is an ag reem e nt fo r de sign pro fessional services subje ct to C alifo rn ia Civil C o de § 27 8 2 .8 (a) an d CO N SU LTA N T is a design pro fessional, as defi ne d in Califo rn ia Civil Code § 27 82 .8 (c)(2 ), to the fullest exte nt perm itt ed by law , CO N SU L TA N T shall indem n ify, defend and ho ld harm less C IT Y an d its elected offi cials, off icers, agents, em p loyees and designated volu ntee rs (co llectively "C IT Y ln d e m n itees") fr om and against any an d all cl aim s, lo sses, liabilities, da m ages, co sts an d expenses, incl ud ing att o rn ey's fees and co sts, to the exte nt they arise out of, pe rtain to, or relate to the neg ligence, reckle ssn e ss, or w illful m isco n d uct of the CO N SU LTA N T . C O N SU LTA N T's duty to defend shall co n sist of reim b u rse m e nt of defense co sts incurred by C ITY in direct pro p ortion to the C O N SU LTA N T'S pro port ionate pe rcentage of fa u lt. C O N SU LTA N T's perce ntage of fa ult shall be de term ine d, as app licab le, by a co urt of law , ju ry o r arbitrato r. In the event any lo ss, liab ility o r dam age is incu rred by w ay of sett le m ent or reso lutio n w itho ut a co u rt , ju ry or arb itrato r having m ad e a dete rm ination of the C O N SU LTA N T's p ercenta g e of fa u lt, the partie s agree to m ed iation w ith a third party ne utral to determ ine the C O N SU L T A N T's pro po rt io nate perce ntage of fa u lt fo r pu rpose s of dete rm ining the am ount of ind e m nity and d efense co st reim b ursem e nt ow ed to th e C ITY. b) If A G R EEM EN T is no t an ag reem e nt fo r de sign professio nal serv ices su bje ct to Califo rn ia C ivil Co d e § 27 8 2.8 (a) or C O N SU LTA N T is no t a de sig n pro fessional as defi ne d in C alifo rn ia Civil Code § 27 8 2.8 (c)(2 ), to the fullest exte nt allow e d by law , C O N SU LTA N T shall in d em n ify , defe nd , and ho ld harm le ss the C IT Y lnd e m nitee s fr o m all cl aim s, su its, or actions of eve ry nam e, kind and de scription, b ro ug ht fo rt h o n acco u nt of inju ries to o r de ath of an y person or dam age to pro p erty arising fr om or co n ne cte d w ith the w illful m isco nd uct, neglige nt acts, errors or om issions, ultra-hazardo us activities, activitie s giving rise to strict liab ility, o r defe cts in de sign by C O N SU LTA N T o r any pe rso n directly or ind irectly em p lo yed by or acting as ag e nt fo r C O N SU LTA N T in the pe rfo rm ance of this A gree m ent, incl ud ing the co ncurrent or su ccessive passive neg ligence of the C ITY ln d e m n itees.

It is und e rsto o d that the duty of C O N SU LTA N T to indem n ify an d ho ld harm le ss incl ud es the duty to d e fe nd as set fo rth in Sectio n 277 8 of the Califo rn ia C ivil Co de.

Acceptance of insurance cert ifi cates and endorsem e nts req u ired under this Agreem ent do es not relieve C O N SU LT A N T fr o m liab ility under this indem n ifi catio n and ho ld harm less cl ause . This ind em nification and ho ld harm less cl au se shall ap p ly w hethe r or not such insurance policies are determ ined to be ap p licable to any such dam ages or cl aim s fo r dam ages.

CO N SU LTA N T'S respo nsib ility fo r such defense and inde m n ity shall surv ive term ination or co m p letio n oft his ag reem ent fo r the full perio d of tim e allo w ed by law . 11 ) PR O H IB IT ED IN T ER ESTS. N o em p lo yee of the C IT Y shall have any direct finan cial interest in this ag ree m e nt. T his ag reem e nt shall be vo id ab le at the option of the CI T Y if this pro visio n is violated. 10 Revised 1/26/2024
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12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to w ork on city projects. Local resident is defined as a person who resides in Solano County.

The CITY encourages an active affi rm ative action pro gram on the part of its contractors, consultants, and developers. W hen local pro jects require, subcontractors, contractors, consultants and developers will solicit proposals fr om qualified local firm s where possible.

A s a w ay of responding to the provisions of the Davis-Bacon A ct and this program, contractor, consultants, and developers w ill be asked, to pro vide no m ore fr equently than m onthly, a report w hich lists the em ployee's nam e, job class, hours w orked, salary paid, city of residence, and ethnic origin. 13 ) CO N SU LTA NT NO T A PU B LI C O FFICI A L. CO N SU LTA NT is not a "public official" fo r purposes of Govern m ent Code§§ 872 00 et seq. CO N SULTA N T conducts research and arrives at his or her concl usions, advice, recom m endation, or counsel independent of the contro l and direction of the CITY or any CITY offi cial, other than norm al contract m onitoring. In addition, CO N SULTA N T possesses no authority w ith respect to any CITY decision beyond these concl usions, advice, recom m endation, or counsel. 14) EM P LO Y M EN T DEV ELO PM EN T DEPA RTM EN T REPO RTIN G REQ U IREM EN TS. W hen the CITY executes an agreem ent fo r or m akes paym ent to CO N SU LTA N T in the am ount of $600 (six hundred dollars) or m ore in any one calendar year, CO N SU LTA N T shall provide the fo llow ing info rm ation to CITY to com ply w ith Em ploym ent Developm ent Depart m ent (ED D ) report ing requirem ents:
a) W hether CO N SU L TA N T is doing business as a sole proprietorship, part nership, lim ited liability partnership, corporation, lim ited liability corporation, non-profit corporation or other fo rm of organization.
b) If CO N SU LTA N T is doing business as a sole pro prietorship, CO N SULTA NT shall provide the full nam e, address and social security num ber of the sole proprietor. c) If CO NSU LTA N T is doing business as other than a sole pro prietorship, CO N SU LTA NT shall provide CO NSULTA N T'S federal tax identification num ber. 11 Revised 1/26/2024
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EXHIBIT "D"

IN S U R ANCE REQUIREMENTS
C O N S U LTA N T shall p ro cure and m ain ta in 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 hereu nd e r 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 lim it shall b e tw ice the re q u ired occu rrence lim it. b) A uto m o b ile Li ab ility 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) W o rkers' C o m p e nsatio n in sura n ce as required by the State of California and Employers' Li ab ility insu rance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) IN D U S T R Y S P E C IF IC C O V ER A G E S
If checked b elow , the fo llo w ing insura nce is also require d .

GJ P ro fessio nal Li ab ility In su ran ce / E rro rs and O m issio ns Li ab ility in the m inim u m am o u nt of $1,000,00 0 p e r occu rren ce.

D P o ll utio n Li ab ility Insurance in the m inim u ~ am o u nt of $1,0 00 ,0 00 pe r occurrence D G arag e K ee p ers Insura n ce in the m in im um am o u nt of $1,0 00 ,0 00 p er occu rrence D Fid e lity / C rim e / D isho ne sty B o nd in the m in im u m am o u nt o f $ _ □ M C S -90 E nd o rsem e nt to B u siness A uto m o b ile insura n ce fo r tra n spo rt atio n of hazardo us m aterials a n d p o ll utants
D B u il d e r's R isk / C o u rse of Co n structio n In surance in the m in im u m am o unt of$ _ 3) IN S U R A N C E P R O V IS IO N S
a) D ED U CT IB LE S A N D S E L F -IN S U R ED RE T E N T IO N S . A ny d e d u ctib les or se lf-insu red rete ntio ns m ust be d e cl ared to and ap pro ved by the C IT Y . A t the optio n of the C ITY , e ithe r the insurer shall red uce or e lim in ate such ded u ctib le s or se lf-in sured re tentio ns as resp ects the C IT Y , its o ff icers, off icials, e m p lo yees and vo lu ntee rs; or the C O N S U LT A N T shall p ro cure a b o nd guarantee ing pa y m e nt of lo sses an d rela ted investig a tio n s, cl a im ad m in istratio n a n d d efen se exp enses. 12 Revised 1/26/2024
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b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY , its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY , its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY , its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT'S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY , its officers, officials, employees or volunteers.
iv) The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT'S policy limits of coverage.

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

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

All insurance certificates and endorsements are to be received and approved by the CITY befo re work co mmences. At the request of the CITY , CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTR ACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANTt o verify existence of sub- contractor's insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
13 Revised 1/26/2024
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CITY OF FAIRFIELD

RESOLUTION NO. 2024-209

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

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL ENGINEERING SERVICES BETWEEN THE CITY OF FAIRFIELD AND PONTICELLO INC.

WHEREAS, the City requires the support of engineering firms to provide on -call engineering and technical services; and

WHEREAS, the City conducted a competitive process for a qualifications-based selection of engineering firms to provide services for infrastructure projects; and

WHEREAS, Ponticello Inc. is qualified to provide professional engineering services.

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

Section 1. The city manager or designee is hereby authorized and directed to execute on behalf of the City of Fairfield that certain agreement for engineering and technical services with Ponticello Inc. for a not-to-exceed amount of $600,000 for a contract term ending December 31, 2027.

Section 2. The city manager or designee is hereby authorized to execute on behalf of the City amendments for two one-year extensions upon mutual agreement of both parties.

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

PASSED AND ADOPTED this 20th day of August 2024, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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1 Revised 1/26/2024

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and Ponticello 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) and online at www.fairfield.ca.gov/biz .
7)EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8)TERM. This agreement shall be in effect through December 31, 2027. 9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10)Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of Packet Page 347 of 634Attachment 4 Page 1 of 14

2 Revised 1/26/2024
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:

CONSULTANT Contact: Alan L. Mitchell
E-mail: [email protected]
Address: 528 College Street, Woodland, CA 95695 Telephone: 530-681-0553
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3 Revised 1/26/2024
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By: __________________________________
David Gassaway, City Manager

CONSULTANT
By: ___________________________________
Alan Mitchell, President
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4 Revised 1/26/2024
EXHIBIT “A”

SCOPE OF SERVICE

CONSULTANT will assign a Project Manager (PM) whose duties and responsibilities are to provide professional services as described in the scope of work. In addition, project support staff may be assigned as needed with the approval of the City.

Capital Improvement Services
• Preparation of Request for Proposals (RFPs) & Request for Qualifications (RFQs). • Preparation of Professional Services Agreement (PSA’s); • Preparation of Task Orders;
• Preparation of City Council agenda reports;
• Provide engineering/project management support as directed by the City. • Meet with Stakeholders to discuss the project scopes of work and implementation schedules; • Collaborate and coordinate the scoping of capital improvement projects with appropriate City staff;
• Management of capital improvement projects including design consultant oversight; • Review and provide approval recommendations for design consultants monthly invoices; • Coordinate preparation of required environmental review with Planning Department staff; • Collaborate and coordinate the scoping of construction management services, as necessary; • Coordinate appropriate City staff review of design consultant deliverables including, but not limited to, project schedules, project construction estimates, design memorandums, project plans, and project specifications;
• Coordinate preparation of project contract documents including, but not limited to, Notice to Contractor, Instructions to Bidders, Proposal and Agreement in the City of Fairfield's standard format;
• Coordinate with Utility Companies for necessary services; • Coordinate with the Building Department, if building permit is necessary; • Coordinate project public outreach efforts;
• Work with City staff and design consultant to package complete bid documents for approval and bid advertisement;
• Assist staff with bid advertisement, including any pre-bid meeting; • Monitor bidder inquiries and coordinate with staff and design consultants for responses; • Prepare and issue Addenda (if required) prior to opening of bids; • Coordinate opening of bids for each project and review bids to verify responsiveness and responsibility;
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5 Revised 1/26/2024
• Prepare "Bid Summary" for each project in the format provided by City staff; • Schedule and prepare Agenda Report for "Bid Award" in the format provided by City staff; • Coordinate preparation and execution of contractor agreements; • Review contractor's insurance and bonds for conformance with the Contract Documents; • Schedule, coordinate and attend Pre-construction meetings for each project with contractor, City staff and appropriate utilities and interested parties; • Monitor project budget throughout design and construction; • Coordinate with the construction manager, Inspector and design consultant on closeout of outstanding field issues, completion of documentation, project filing, final pay quantities, warranties, maintenance manuals, and as-builts.
• Coordinate with the design consultant on final acceptance of the improvements and completion of record drawings.
• The PM will coordinate with staff on final acceptance and archiving of project records. • Assistance with development of Capital Improvement Program, preliminary project cost estimates and capital budget;
• Other capital project engineering services as requested by the City.

Before any work is initiated the City will specifically request CONSULTANT perform tasks that may include the following:

1. Plan review and checking of land divisions.

2. Entitlement Review: tentative maps and other submittals for land divisions for proposed development and make recommendations as to engineering and/or planning matters.

4. Review Drainage, Sewer, and Water Studies.

5. Provide assistance in the processing of annexations.

6. When directed, prepare staff reports and other documentation for development projects being reviewed.

7. Other work, as directed.

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Project Management

1. Manage land development process between City staff, City consultants, developers, developer consultants, outside agencies, and other stakeholders.

Plan Checking
CONSULTANT will follow the procedures already established by the City of Fairfield. Improvement plans will be checked for proper dedication and conformance to the City’s design standards and local ordinances. Typical tasks are as follows: