1 Rev. 01/26/2024
CONTRACTOR SERVICES AGREEMENT
LANDSCAPE MAINTENANCE SERVICES FOR COMMUNITY PARKS – ALLAN WITT PARK, LAUREL
CREEK PARK, AND CIVIC CENTER
THIS AGREEMENT is made at Fairfield, California, as of ____________, 2025, by and between the City of Fairfield, a municipal corporation (“CITY") and New Image Landscaping Company ("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 referen ce 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 January 1, 2025 , through December 31, 202 5.
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This Agreement may be extended for up to two (2) additional terms of up to twenty-four (24) months each term with negotiated terms and conditions including a negotiated compensation adjustment not to exceed the 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
New Image Landscaping Company
By:
Jeffrey Suzuki, General Manager
Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B
3 Rev. 01/26/2024
EXHIBIT “A”
SCOPE OF SERVICE
LANDSCAPE MAINTENANCE TECHNICAL PROVISIONS
1. LOCATION OF SERVICES
Allan Witt Park 46.5 acres Located on West Texas Street at 5th Street Civic Center 10.0 acres Located on Civic Center Drive
Laurel Creek Park 30.5 acres Located on Cement Hill Road at Peppertree Drive
Refer to the Area Index Maps. CONTRACTOR should conduct an independent field survey for exact measurement.
Allan Witt and Laurel Creek Parks
CONTRACTOR will be responsible for all irrigation systems beyond the water meter, plant material, trees, hardscapes, entry signs, high weed mowing of open space and any other requirements of these specifications.
Civic Center
CONTRACTOR will be responsible for only lawn care as outlined in these specifications.
2. DESCRIPTION OF SERVICES
A. Lawn Care – All Locations
CONTRACTOR shall maintain all lawn 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.
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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 at Allan Witt and Laurel Creek parks shall be coordinated with the CITY. Civic Center shall be mowed on Fridays.
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. Lawn 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.
III. 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.
IV. Tree Wells
a. Tree wells in lawn areas shall be maintained reasonably free of turf and weeds at all times.
V. Irrigation - Allan Witt and Laurel Creek Parks
a. Over-watering or under -watering, for whatever reason, must be corrected immediately upon notification.
b. Laurel Creek Park irrigation system operates 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.
B. Shrub and Ground Cover – Allan Witt and Laurel Creek Parks I. Shrub Pruning
a. Shrubs shall be pruned at least two times (2X) per year during the months of April and October, subject to change due to weather.
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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.
e. Where needed, ground cover shall be mowed once per year in March to encourage healthy growth and allow for irrigation coverage.
II. Ground Cover Pruning
a. Ground Cover shall be pruned and edged two times (2X) per year during the months of April and October, in Laurel Creek Park. May and November in Allan Witt Park.
b. Where needed, ground cover shall be mowed once per year in March to encourage healthy growth and allow for irrigation coverage. c. Ground cover, such as ivy will not be allowed to grow/spread onto trees, walls, fences, buildings and other amenities.
III. 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. IRRIGATION SYSTEM - Allan Witt and Laurel Creek Parks I. General
a. Throughout the term of this agreement CONTRACTOR shall provide labor, equipment and materials for the repair or replacement of irrigation system components including; leaking lateral lines; sprinkler heads; valves; quick couplers; and irrigation controllers.
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.
c. It is the 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. All controller stations shall be labeled in an easy to read manner inside each controller box. Labeling shall include a description of the areas covered by each station.
e. Flushing of systems and cleaning or replacement of all filters within the irrigation system is routine maintenance and will not be considered extra Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B 6 Rev. 01/26/2024
work. CONTRACTOR shall flush the end of drip lines monthly to remove all dirt buildup.
f. CONTRACTOR shall maintain all valve boxes and lids in good condition. This includes removal of any plant growth inside the boxes and removing any excessive dirt or debris from the inside of the box. Standing water in the valve boxes shall not be allowed to remain permanently.
g. 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. Each month CONTRACTOR will provide the CITY with a complete written schedule of watering for all controllers. 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 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. In the event that CITY crews have to adjust irrigation scheduling due to improper irrigation scheduling or maintenance, CONTRACTOR shall be billed for CITY crew time.
f. CONTRACTOR will perform a complete system check of all controllers and valves, including coverage testing and sprinkler adjustments no later than April 151h. This date may be delayed by the CITY due to weather.
III. 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, filters are cleaned regularly and nozzles are replaced when worn or inadequate coverage occurs. Any minor changes such as riser extensions (vertically or horizontally), sprinkler h ead exchanges and filter replacements will be considered as included in the contract price and therefore no additional compensation will be allowed.
c. All electrically operated valves shall close completely at the conclusion of the station watering program. Weeping valves shall be immediately repaired. d. Valve boxes shall be kept clean of rocks, soil, debris and silt to a depth of 2" below the bottom of the valve. All valve box lids shall be in place and locking bolts secured at all times.
IV. Irrigation Repairs
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a. CONTRACTOR will have a qualified employee check each irrigation controller and activate all stations on every controller each week. Repairs and adjustments shall be made at that time.
b. Any repair that necessitates removal of a valve body shall include the installation of pea gravel to a depth of four (4) inches below the valve and a union between the main line and the valve.
c. All irrigation system repairs, including vandalism shall be completed within 24 hours of knowledge of the problem. If repairs cannot be accomplished within the designated time period, CONTRACTOR shall notify the CITY immediately of the condition and supply estimated time of when the repairs will be made. d. CONTRACTOR must replace all broken irrigation system components with items of the same brand and model. CITY must approve all substitutions. e. All valves shall be kept in such condition that they are able to be manually operated by the bleeder valve.
V. Controller repairs
a. Repairs to irrigation controllers shall be CONTRACTOR ‘s responsibility.
Controllers that are beyond repair will be replaced at CONTRACTOR's expense.
b. Automatic controllers and electrical conductors shall be kept operational year round. Controllers will be inspected periodically by CITY to ensure that each system's programming is operational.
c. Controller cabinets shall be maintained clear of debris, nests, snails and insects.
VI. Irrigation System Vandalism
a. The cost of parts and labor to replace stolen or vandalized portions of the irrigation system are considered as a part of the contract unless the cost of the incident exceeds $500 before mark -up and such incident has been reported to the Fairfield Police Department and the CITY. b. In the event that such vandalism costs exceed $500 before mark -up CONTRACTOR shall be responsible for the first $500 in materials and shall provide the labor to install at no additional cost. CITY will be responsible only for that portion of the materials cost that exceeds $500 before markup.
D. PEST MANAGEMENT- All Locations
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 Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B 8 Rev. 01/26/2024
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 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.
c. Pesticide applications which fail to produce the desired results will be repeated at the CONTRACTOR's own expense.
III. 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.
E. GENERAL MAINTENANCE AND CLEANUP - Allan Witt and Laurel Creek Parks 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.
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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 change s to mowing and irrigation schedules and arrange for additional trash pickup.
II. Trash Containers
a. Trash containers will be emptied on Mondays, Wednesdays and Fridays before 3:30 p.m.
b. 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.
III. Fence Lines
a. Fence lines shall be kept free of trash, weeds, grass and pruning's.
IV. Dust Control
a. CONTRACTOR shall control airborne dust at all times. Dust control shall conform to section 1O, "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.
F. HIGH WEED MOWING -Allan Witt and Laurel Creek Parks
I. All high -weed mowing (as listed in area descriptions) will be performed three times (3X) per year during the months of April, June and September.
G. MISCELLANEOUS FACILITIES - Allan Witt and Laurel Creek Parks General - the items listed below are considered routine maintenance and therefore will not be considered extra work.
I. Playgrounds
a. Safety
(i) Playground safety is a key component of park maintenance. CONTRACTOR will remove all debris, paying particular attention to glass, needles and hidden items in the play areas. All other concerns and problems will be reported to CITY immediately.
b. Play and Exercise Equipment Repair
(i) CONTRACTOR will not be responsible for the repair of play equipment or fitness station exercise equipment, but should immediately report any damaged equipment to the CITY.
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II. Drinking Fountains
a. CONTRACTOR will not be responsible for the repair and replacement of drinking fountains but should immediately report any damaged drinking fountains to the CITY.
III. Barbeques
a. CONTRACTOR will be responsible for cleaning all park barbeques every Friday between April 1 and October 15. Special events may occasionally require more frequent cleanings.
b. Barbeque cleaning will consist of the following steps. c. Clean grill surface and surrounding areas with FOOD SAFE degreaser d. Food residue and other debris will be removed from cooking surface and surrounding area by scrubbing with a wire brush.
e. Clean Sinks with cleanser, wipe down to remove residue, hose sink area off. f. Spent coals or other debris to be removed to a safe location. In no case will hot coals be deposited into trash receptacles.
g. Ashes will be manually removed from barbeque pits. In no case will ashes be removed by use of a blower.
IV. Drainage System Areas – Laurel Creek Park only
a. All drainage systems on the properties for purposes of rainwater 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 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 not limited to. the gutter, the roadway, V-ditches, catch basins, creeks, and any underground storm wa ter conduit. Proper storm water pollution prevention techniques and procedures shall be used during all phases of the maintenance work.
d. All concrete-lined ditches within the landscape areas shall be kept clean and clear at all times. The catch basins that these ditches empty into shall be thoroughly cleaned out once per month by the 15th of the month between October 15 to April 15. More frequent cleaning may be required due to heavy rains. Edges should be checked periodically for erosion and damage to concrete structures. Special care will be taken by CONTRACTOR to keep debris out of all basins while V-ditch maintenance is occurring. e. 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.
Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B 11 Rev. 01/26/2024
V. 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.
VI. Sidewalks and Driveways
a. Debris and silt shall be immediately removed from sidewalks, gutters and driveways.
VII. Skate Park
a. CONTRACTOR will inspect the Skate area one time (1X) per week. During such visits CONTRACTOR will remove litter and notify CITY of any debris in bowls.
VIII. Horseshoe Pits
a. Horseshoe pits shall be maintained in a weed-free condition.
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3. MAINTENANCE SCHEDULE
All schedules are subject to change at the pleasure of CITY or due to weather and other considerations.
MOWING and EDGING are the only services performed at CIVIC CENTER.
LAWN AREAS FREQUENCY
Irrigation System checks One time (1X) per month
Irrigation Repairs Within 24-hours (working days)
Mow Weekly
Edge Weekly
SHRUBS AND TREES FREQUENCY
Leaf, litter, and trash removal Weekly
Weed control As needed
Shrub Pruning Two times (2X) per year during the months of April and October, subject to change due to
weather.
Irrigation System checks One time (1X) per month
Irrigation repairs Within 24-hours (working days)
Pre-emergent-planter beds and tree wells Two times (2X) per year during the months of February and November.
GROUND COVER & VINES FREQUENCY
Leaf, Litter, and Trash Removal Weekly
Weed Control Weekly
Irrigation system checks One time (1X) per month
Irrigation repairs Within 24-hours (working days)
Pre-emergent Two times (2X) per year during the months of February and November
Prune & Edge Two times (2X) per year during the months of May and November, subject to change due to
weather.
Mow One Time (1X) per Year (where needed) in
March
UNDEVELOPED AREAS FREQUENCY
Leaf, litter, and trash removal Weekly
Weed Control As Needed
Pre-emergent-gravel (unpaved) areas Twice Yearly during February and November High-Weed Mow (describe areas in
contract)
Three Times per Year: April, June, September
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PAVED AREAS FREQUENCY
Leaf, Litter, and Trash Removal Weekly (leaf removal September – November) Weed Control Twice Monthly
SITE CONSIDERATIONS FREQUENCY
Site Inspections with CITY At least once per month
Trash Cans Emptied Three Times (3X) / Week: Mon, Wed, Fri.
Horseshoe Pits Keep sand pits weed free
Clean V-Ditches/Orain Inlets Inspected and cleaned weekly between October 15 and April 15
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4. AREA MAPS INDEX
Allan Witt Park .............................................................................................................. AM–1 Civic Center Park .......................................................................................................... AM–2 Laurel Creek Park ......................................................................................................... AM–3
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Allan Witt Park
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Civic Center Park
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Laurel Creek Park
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EXHIBIT “B”
PAYMENT
1) The total contract price for services rendered by CONTRACTOR under this Agreement shall not exceed $288,165.00 for the initial 1 2-month term, which is effective January 1 , 2025, 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.
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EXHIBIT “B-1”
COMMUNITY PARKS – ALLAN WITT PARK BID SHEET
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COMMUNITY PARKS – CIVIC CENTER BID SHEET
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COMMUNITY PARKS – LAUREL CREEK PARK BID SHEET
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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 me ans 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.
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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 arisi ng 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.
As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin.
13) CONTRACTOR NOT A PUBLIC OFFICIAL. CONTRACTOR is not a "public official" for purposes of Government Code §§ 87200 et seq. CONTRACTOR conducts research and arrives at his or her Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B 24 Rev. 01/26/2024
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 Departm ent (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.
Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B 25 Rev. 01/26/2024
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 t o 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.
Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B 26 Rev. 01/26/2024
EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $ 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 separa tely to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $2,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.
2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.
Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.
3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF- INSURED RETENTIONS . Any deductibles or self- insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B 27 Rev. 01/26/2024
expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.
ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers.
Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it.
iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to:
[email protected]. All insurance certificates and endorsements are to be Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B 28 Rev. 01/26/2024
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.
Docusign Envelope ID: DF9DA209-612F-41EA-8EE2-DE2997BD615B Certificate Of Completion
Envelope Id: DF9DA209-612F-41EA-8EE2-DE2997BD615B
Status: Completed
Subject: Complete with Docusign: New Image - Community Parks Source Envelope:
Document Pages: 28
Signatures: 1
Envelope Originator:
Certificate Pages: 5
Initials: 0
Valerie Standfill
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1000 Webster Street
Community Development - Building Services
Fairfield, CA 94533
[email protected]
IP Address: 64.162.152.2
Record Tracking
Status: Original
11/21/2024 6:17:54 AM
Holder: Valerie Standfill
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Fairfield
Location: DocuSign
Signer Events
Signature
Timestamp
Jeffrey Suzuki
[email protected]
General Manager
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.32.119.242
Sent: 11/21/2024 6:20:35 AM
Viewed: 11/22/2024 5:09:40 PM
Signed: 11/25/2024 7:42:27 AM
Electronic Record and Signature Disclosure:
Accepted: 11/25/2024 7:41:16 AM
ID: 8fde1f56-ab96-4f07-aa47-3437a5c07165
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Gary Sponsler
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/21/2024 6:20:36 AM
Electronic Record and Signature Disclosure:
Accepted: 7/22/2024 9:26:51 AM
ID: 48ffc4a1-1113-4cb1-8110-6c9dd682b53d
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11/21/2024 6:20:36 AM
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11/22/2024 5:09:40 PM
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11/25/2024 7:42:27 AM
Completed
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11/25/2024 7:42:27 AM
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Electronic Record and Signature Disclosure
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 Electronic Record and Signature Disclosure created on: 2/3/2021 9:06:07 AM Parties agreed to: Jeffrey Suzuki, Gary Sponsler
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. 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.
How to contact City of Fairfield:
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:
To contact us by email send messages to: [email protected]
To advise City of Fairfield of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Fairfield
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Fairfield
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
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
Until or unless you notify City of Fairfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Fairfield during the course of your relationship with City of Fairfield.