1 Revised September 2024
Amendment 1
To Professional Services Agreement
Between
City of Fairfield
and the
West Yost Associates
This Amendment No. 1, made by and entered into as of the _______ day of________________, 2025, by and between the CITY of FAIRFIELD, a municipal corporation (hereinafter “CITY”), AND West Yost Associates (hereinafter “WEST YOST”), for the purpose of reviewing the Professional Services Agreement (hereinafter “AGREEMENT”) dated December 8, 2022 between the parties. This Amendment does not take effect until signed by both parties.
The revisions to the AGREEMENT are limited to those specific below. All other provisions of the AGREEMENT remain in effect as set forth in Exhibit “A”.
The AGREEMENT is amended as follows:
1. Item 1 of Exhibit “B” – Payment of the AGREEMENT is amended as follows:
“The total contract price for services rendered by CONSULTANT under this Agreement shall be for a not-to-exceed amount of one million, ten thousand, one hundred sixty-three dollars ($1,010,163).”
Except as specifically set forth herein, all terms and conditions of the AGREEMENT between the CITY and WEST YOST, dated December 8, 2022, shall remain in full force and effect.
In Witness whereof, the parties through their authorized representatives, have affixed their signature.
CITY OF FAIRFIELD
a municipal corporation (CITY)
By
David Gassaway, City Manager
West Yost Associates
By
Elizabeth Drayer, Vice President
DocuSign Envelope ID: B63DO41 F- 7BA7- 4B8E- A02A- 54610F5CAE4D
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ' 2022, by and between the City of Fairfield, a municipal corporation ( the " CITY") and West Yost Associates (" CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANTshall provide to the CITYthe services described in Exhibit " A," which consists of the proposal submitted by CONSULTANT. CONSULTANTshallprovidesaidservicesat the time, place, andin the mannerspecifiedin Exhibit " A."
2) PAYMENT. CITYshall payCONSULTANTfor servicesrendered pursuantto this Agreementat 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 CONSULTANTfor 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 inconsistencybetween saidgeneral provisionsand any other terms or conditions of this Agreement, the provisions set forth in Exhibit " C" shall control.
S) INSURANCEREQUIREMENTS. The insurance requirements set forth in Exhibit " D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit " D" shall control. 6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
7) TERM. This agreement shall be in effect through April 30, 2024; or until the scope of work is completed.
8) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action againstthe other, the validity, interpretation, and performanceof this Contractshallbecontrolled by and construed under the laws of California, excluding California' s choice of law rules. Venue for any such action relatingto this Agreementshall be in the SolanoCountySuperiorCourt. 9) ENTIREAGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, representsthe entire and integratedagreement between CITYand CONSULTANT.
This Agreement supersedesall prior oral or written negotiations, representationsor 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. 10) 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. 11) 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 CITYusing the following contact information:
DocuSign Envelope ID: B63DO41 F- 7BA74ME- A02A- 54610F5CAE4D CITY Contact: Michael Hether
E- mail: mhether@fairfield. ca.gov
Address: 1000 Webster Street, Fairfield, CA, 94533
Telephone: 707- 428- 7493
Notices must be given to CONSULTANTat the following:
CONSULTANT Contact: Amy Kwong, PE
E- mail: akwong@westyost. com
Address: 6800 Koll Center Parkway, Suite 150, Pleasanton, CA, 94566 Telephone: 925- 461- 6788
EXECUTEDas of the day first above -stated.
City of Fairfield, a m c'pal corpor ion
By: ( f
r
CONSULTANT
DocuSfgned by:
1: 1/ 1 i
By:
nn
Charles Duncan
President & CEO
Revised 6/ 1/2022
DocuSign Envelope ID: B63DO41F- 76A74HE- A02A- 54610F5CAE4D
EXHIBITA
CITY OF FAIRFIELD WATER UTILITY MASTER PLAN AND RATES STUDY Scope of Work ( Revised 11/ 9/ 2022)
West Yost's proposedscopeof work is basedon our understandingthat the Cityneedsa comprehensive near -term (10-year) andlong-term (2045) CapitalImprovementProgram (CIP) to informacostof service ratestudythat will guidethe Cityin implementingwaterrateincreasesbeginninginJanuary2024. The comprehensive CIPshould draw from evaluations of the existing and future water system, a review of the regulatory environment, as well as condition assessmentsof the water treatment plants, storage reservoirs, pipelines, and pump stations. SinceWest Yostis currently preparingthe City's pump station asset management plan update, which contains a condition assessment component, recommendations developed in the plan can be seamlessly pulled into the WMP for inclusion in the rate study.
Task 1. Project Management
The objective of this task will be to keep the project on schedule and budget, understanding that the scheduleis driven bythe City'sdesireto adopt a newwater rate schedulebeginningJanuary2024.
Task 1.1. Kickoff Meeting
West Yost will coordinate and attend a Kickoff Meeting with City staff and West Yost's Project Manager, ProjectEngineer, andother keystaff. WestYostwill prepareand submit an agendain advanceof the meeting, and noteswill be providedto the Citywithin oneweek after the meeting. WestYostwill also develop and present a data request list for any data needed to complete the project.
Task 1.2. Biweekly Progress Meetings
West Yostwill coordinateand attend biweekly ProgressMeetingswith keyCity staff. TheProject Managerand ProjectEngineerwill attend the biweeklymeetings, with other keystaff attending, as necessary, to discusstheissuesidentifiedfor the respectivemeeting. Meetingswill covercriticalpath items, schedule, budget, and any other issuesrequiring attention, and review interim results, as needed.
Budgeting assumes 30 meetings.
Task 1.3. Monthly Budget Status Reports
West Yost will submit monthly budget status reports with the monthly invoicing that provide a summary of the project'sprogressfor themostrecentcalendarmonth. Uponcompletionof theproject, Technical Memorandum ( TM) 1 will be prepared to include all monthly progress and budget status reports submitted with the monthly invoices over the duration of the project.
Task 1.4. Attend City Council Meetings
West Yostwill attend two City Councilmeetingsto updatethe Councilon the Water Master Plan (WMP) and water rate study progress. The West Yost team will prepare and present two PowerPoint presentationsthatsummarizethedraftWMPandthewaterratestudythat CityCouncilwill be considering for adoption.
Task 1 Assumptions
Budgeting assumes 15-month project duration.
KickoffMeeting is assumedto bea one -hour Microsoft Teamsmeeting attended by key City staff.
DocuSign Envelope ID: B63D041F- 7BA7- 4B8E- A02A- 54610F5CAE4D All meetings are assumed to be virtual and held via Microsoft Teams, unless otherwise noted.
Presentations to City Council are assumedto be in person.
Task 1 Deliverable( s)
Meeting agendas and minutes
Biweekly progress reports
Monthly budget status reports and invoices
City Council presentation materials
TM 1— Monthly Progress and Budget Status Reports ( electronic copy) PowerPoint presentation of draft WMP Report
PowerPoint presentation of Water Rate Study
Task 2. Review of Land Use and Previous Master Planning Documents The objective of this task will be to collect, review, and catalog the data, land use, and previous master planningdocumentsto be usedinthe WMP. WestYostalsorecognizesthe City'sneedto document historicalwater demanddata, includingevaluatingmaximumdaydemandandpeakhourdemandpeaking factors, to establish baseline demand assumptions and refine future water demand projections. These efforts were not explicitly defined in the City's RFPand are proposed under Tasks2.3 and 2.4.
Task 2.1. Review of Background Information
West Yostwill collectand review relevantdata providedby the Cityor obtained under previouswork performed for the City, includingthe Train StationSpecificPlan, the Heartof FairfieldSpecificPlan, land use maps, previous development area water master plans, the City's 2020 Urban Water Management Plan ( UWMP), as -built drawings ( upon request), SCADA data, and historical demand and production data.
Task 2.2. Prepare Existing System Chapter
West Yostwill preparea draft ExistingSystemchapterprovidinga discussionof the documentsreviewed and an overview of the potable water systems and facilities, including service area boundary, pressure zones, water treatment plants, storage facilities, pump stations, pressure and regulating stations, transmission and distribution pipelines, and interconnections with neighboring water agencies.
Task 2. 3. Refine Water Demand Projection
WestYostwill meet with the City's PlanningDivisionto discussthe GeneralPlanUpdateand proposed new development or re -development in the City's water service area that would occur by 2045.
Emphasis will be to identify areas that will undergo development that will change either the demand or the fire flow requirementsand where older pipelineswill needto be upgraded. Growth areaswill also needto be identified spatiallyfor the hydraulicevaluation. New development or re -developmentwill be classifiedin the near -term (10-year) or long-term (2045) planningperiodsbasedon input from the Planning Division.
West Yost will refine future water demand projections using updated land use data revised during the General Plan Update. Land use -based unit water demand factors prepared for the 2020 UWMP will be used in conjunction with the updated land usesto project the near -term and long-term future water demandprojections. WestYostwill alsoprojectfuture water demandsusinga population -basedmethod.
Thepopulation -basedmethod will projectfuture water demandsusingthe City's projectedpopulationand WEST YOST Cityof FairfieldWater Utility Master Planand RatesStudy — Scopeof Work 2 DocuSign Envelope ID: B63DO41F-7l3A7-4B8E- A02A- 54610F5CAE4D anappropriategallonspercapitaperday (gpcd) factor. Demandprojectionswillbecomparedto the projecteddemandsadoptedin the 2020UWMP.
WestYostwill prepareadraftWaterDemandchaptersummarizingresultsofthelanduseanddemand analysisto documentthe methodologyand resultsfor the City'sfuture water demandprojections.
Task 2.4. Update Water Demand Peaking Factors
WestYostwill analyzehistoricalwater production datato develop updatedsystem -wide maximum day andpeak -hourpeakingfactors. WestYostwill alsocompareproductionandconsumptiondatato developan appropriate non -revenuewater factor for usein future water demandprojections.
Task 2 Assumption( s)
Citywill coordinateandschedulemeetingwith PlanningDivisionto beheldviaMicrosoftTeams.
Citywill providethemostcurrentlanduseplansfromthe updatedGeneralPlan (GISfiles).
Citywill selecta preferred future land usealternativeas part of the GeneralPlanUpdate prior to West Yost' s meeting with the Planning Division.
Unit water demand factors developed for the 2020 UWMP can be used for this WMP.
Unit water demand factors were prepared on a system -wide basis.
Water demandprojectionswill be developedfor the near -term (10-year) andlong-term (2045) planning horizons.
West Yost will use the population projections in the 2020 UWMP.
Citywill provideasingle, consolidatedsetof commentsonthedraftchapterswithinfour (4) weeks of receiving the draft copies.
Task 2 Deliverable( s)
Data Collection List, updated and distributed with the Biweekly Progress Meetings Draft Chapter 2 — Existing System ( electronic copy)
Draft Chapter 3 — Water Demand ( electronic copy)
Task 3. Water Regulatory and Policy Review
Theobjective of this taskisto evaluatecurrent and upcomingregulationsand policyand recommend updatesto the City'sfacilities or municipalcodeto complywith the regulatoryenvironment. In addition, althoughnot specificallyidentified in the RFP, this taskwill alsoestablishconsistentplanningcriteria to be used in the WMP.
Task 3. 1. Conduct Water Regulatory Review
WestYostwill reviewcurrentdrinkingwater regulationspublishedby USEPAinthe FederalRegisterthat havebeenadoptedbythe Stateof Californiaandareincludedinthe CaliforniaCodeof Regulations sectionsfor drinkingwatersystems. WestYostwillalsoprovideguidanceregardingnewandanticipated drinkingwater regulationsbeingdevelopedby the EnvironmentalProtectionAgency (EPA). TheState Water Resources Control Board (SWRCB) Division of Drinking Water ( DDW) has primacy for monitoring andimplementing/enforcingdrinkingwaterregulationsandhasimplementedminoradditionsof someof the EPA regulations and also uses the California Cryptosporidium Action Plan, which includes some water treatment performanceobjectivesthat are not includedinthe Federalregulations.
The State Water Resources Control Board issued General Order NO. CAG140001 in November 2014 that requiresall drinkingwater systemsin Californiathat haveat least 1,000 serviceconnectionsto obtain a WEST YOST Cityof FairfieldWater Utility Master Planand RatesStudy — Scopeof Work 3 DocuSign Envelope ID: B63DO41F-7BA7-4B8E- A02A- 54610F5CAE4D National Pollution Discharge Elimination System (NPDES) Permit for all water released from either a watertreatmentplantor distributionsystemthat canreachareceivingwater. Wewill reviewtheCity's current NPDESGeneral Permit and water discharge reports from the past five years to determine if corrective actions should be implemented.
West Yost will also contact the Bay Area Air Quality Management District ( BAAQMD) to obtain current policiesandinformationregardingwatertreatmentchemicalssuchasozone, hydrogenperoxide, and sodiumhypochloritethat may currently be regulatedby the BAAQMDor that the BAAQMDanticipates maybe regulatedwhen usedto treat municipalwater supplies.
WestYostwill identify water treatment facility improvementsneededto improve, optimize, or comply with both current and anticipated water treatment regulations and treated water quality goals and/ or with other regulatory agencies' requirements.
Task 3.2. Review City's Municipal Code (Chapter 22)
West Yost will review Fairfield Municipal Code (FMC) Chapter 22 for consistency with the following:
Water Shortage Contingency Plan;
Water Conservation Program;
Recently adopted Accessory Dwelling Unit Laws;
PendingregulationsassociatedwiththeState2018WaterConservationLegislation (SB606and AB 1668) to meet Urban Water Use Efficiency Standards and Water Use Objectives; and City policies and City practices.
WestYostwill identify provisionsthat will needto be updatedto authorizeandsupportimplementationof the City'sWater ShortageContingencyPlanadoptedinJune2021andcurrent Water Conservation Program. West Yost will review FMCChapter 22 provisions and recommend revisions that incorporate the six standard water shortage levels consistent with State requirement and to authorize the City' s shortage response actions, including compliance and enforcement.
West Yostwill identify FMCChapter22 provisionsrelevantto accessorydwelling units and connection charges. West Yost will recommend updates for consistency with Government Code Section 65852. 2.
Under this effort, other related sections of the FMC may be reviewed and identified for updates as necessary.
West Yostwill work with the Cityto considerprovisionsfor inclusionin FMCChapter22 to authorize City actions so that it could meet the State' s urban water use efficiency standards and objectives, as directed by the State 2018 Water Conservation Legislation.
Aspart of thiseffort, WestYostwill alsoworkwith keyCitystaffto identifyprovisionsin FMCChapter22that may require updates due to changes in internal policies and procedures.
West Yostwill mark up FMCChapter22 with preliminary recommendationsfor City review and comment. WestYostwill meet with Citystaff to review preliminary recommendationsand obtain input.
Citystaffinputwill beincorporatedinfinalrecommendationsfor updatesto FMCChapter22. Final recommendations will be discussed in Chapter 4, along with supporting explanation for the updates.
Mark ups to Chapter 22 will be included as an appendix to the WMP.
WEST YOST Cityof FairfieldWater Utility Master Planand RatesStudy — Scopeof Work 4 DocuSign Envelope ID: B63DO41F- 76A7- 468E- A02A- 54610F5CAE4D Task 3.3. Prepare Water Regulatory and Policy Review Chapter WestYostwill preparea draft Water Regulatoryand PolicyReviewchapterwhichsummarizescurrent and/ or anticipated regulations and discusses how well -suited the City's facilities are to meet the regulations. Recommendations for updates to Chapter 22 of the City' s municipal code will also be provided in this chapter.
Task 3.4. Develop Water System Evaluation Criteria
WestYostwill reviewwater systemevaluationcriteria presentedin previousplanningdocumentsand will consolidate and recommend updates for review and discussion with the City. The updated criteria will beusedto assessexistingandfuture water systemdeficienciesandevaluaterecommended improvements. WestYostwill alsomeet with the City's Fire Departmentto confirm fire flow requirements based on general land use types for water system planning purposes.
WestYostwill prepareadraftWaterSystemEvaluationCriteriachapterto documenttherecommended planning criteria for the City' s water system evaluations.
Task 3 Assumption( s)
West Yostwill selectpreliminary landuse -basedfire flow requirementsbasedon land use -based requirements selected during previous discussions with the Fire Department.
Previous planning documents to review for water system criteria include the Cordelia Area Water Master Plan (1986), North Cordelia Water Master Plan (1988), Peabody -Walters Master Plan ( 1994), and Serpas Ranch Water System Study ( 1990).
The Citywill provide the most current FMCChapter22 in Microsoft Word.
The Citywill provide anywritten internal policiesrelevant to the implementation of water conservation and demand management actions.
RelevantCitystaff, includinglegalcounselandwater conservationstaff, will review recommended updates to FMC Chapter 22.
Citywill reviewpreliminaryrecommendedupdatesto FMCChapter22andreturnconsolidated comments to West Yost within two weeks of submittal.
Two one - hour meetings are assumed to review updates to FMC Chapter 22: one meeting to discusspotential updatesto FMCChapter22, andone meetingto reviewand comment on preliminary recommended updates.
Cityto provide a single, consolidatedset of commentson the draft chapterswithin four (4) weeks of receiving the draft copies.
Task 3 Deliverable( s)
Mark up of FMCChapter22 identifying recommendedupdates (preliminary andfinal) Draft Chapter 4 — Water and Policy Updates ( electronic copy) Draft Chapter 5 — Water System Evaluation Criteria ( electronic copy) Task 4. Condition Assessment — Water Treatment Plants
Theobjectiveof this task isto prepareassessmentsof the existingconditionsand performance levelsof the Waterman Water Treatment Plant (Waterman WTP) and North Bay Regional Water Treatment Plant NBRWTP), to identify and evaluateoptionsfor the future expansionof thesefacilities, andto developa seriesof near- and long-term improvementsto addressexistingdeficienciesandalign both facilities with the City's longterm plansfor providingtreated water with its servicearea.
WEST YOST Cityof FairfieldWater Utility Master Planand RatesStudy — Scopeof Work 5 DocuSign Envelope ID: B63DO41 F- 7BA7- 4B8E- A02A- 54610F5CAE4D Task 4. 1. WTP Condition Assessments
WestYostwill preparecondition assessmentsof the WatermanWTPand NBRWTP. Condition assessmentsfor eachplant will includesourceandtreated water quality characterizations, identification andassessmentof treatment processchallenges, andon -site visualand non-invasiveassessmentsof the physical condition of treatment plant assets.
Water Quality Characterizations and Performance Assessments Waterqualitycharacterizationswill bebasedonWestYost'sreviewoffiveormoreyearsof sourceand treatedwaterqualitydata. Assessmentsof plantperformancewill bedevelopedbasedonthe resultsof the water quality characterizations, aswell asreviewsof DDWannualinspectionreports. Available waterqualitydatareviewedbyWestYostwill includeallrelevantphysical, chemical, microbial, taste, odor, andseasonallyvariableparameterswhichaffectandcharacterizewatertreatedandproducedby Waterman WTP and NBRWTP.
Aspartoftheon -sitephysicalconditionassessmentsitevisits, WestYostandoursubconsultantswill participateininformationalinterviewswithtreatmentplantoperationsandmaintenancestaff, including instrumenttechnicians, to identify, discussand establishframeworksfor diagnosingandaddressing known treatment challenges.
Condition Assessment and Asset Management Model
The West Yost team will dedicate one full day each to on -site physical condition assessments at Waterman WTP and NBRWTP. The condition assessment team will consist of civil, process - mechanical, structural, and electrical engineers experienced in the design, operation, and control of water treatment facilities.
Critical asset condition and age information collected during the site visits will be used to populate West Yost's Asset Management Model ( WAMM), which is an updated version of the risk model. West Yost will update the WAMM with new LOF and COF criteria to evaluate business risks at each of the treatment facilities.
The output of the WAMM evaluation will be a risk rating for each asset. Individual asset ratings will be groupedintoassetpedestalratingsasappropriateto determinerolledupriskratingsto determineif individualversusfacility improvementsarewarranted.
Task 4. 2. Plant Expansion Alternatives Evaluation
WestYostwill work with the Cityto developand evaluateWatermanWTPand NBRWTPexpansion alternatives. Thecapacityandpotentialtimingof expansionsof thetreatmentplantswill beinformedby the future water demand projectionsdevelopedunderTask2, the relativescaleandtiming of demand growthwithindifferentportionsofthedistributionsystem, andtheCity'soperationalpreferencesfor distributing projected buildout demands between the two plants.
In addition to consideringthe expandedcapacitytargetsfor eachtreatment facility, WestYostwill work with Citystaff to confirm existing (or, asneeded, establishnew) treatment performanceobjectives.
Theseobjectiveswill enablethe team to developtreatment processalternatives, includingpotential modifications and/ or improvements to the existing treatment processes.
Upto threeexpansionalternativeswill bedevelopedfor eachtreatmentfacilityandmayincludea combinationof newandexistingtreatmentprocesses. Foreachalternative, summarydescriptionsand WEST YOST Cityof FairfieldWater Utility Master Planand RatesStudy — Scopeof Work 6 DocuSign Envelope ID: B63D041F- 7BA7-4B8E- A02A- 54610F5CAE4D designcriteria for expanded (and new, asapplicable) treatment processeswill be provided, alongwith a conceptual site plan.
Task 4.3. Hydraulic Capacity Evaluations
WestYostwill develophydraulicprofilesfor WatermanWTPandNBRWTPinorderto assesspotential hydraulicdeficienciesunder both existingandpotential future conditions. Hydraulicprofilesfor future conditionswill beinformedbytheexpansionalternativesdevelopedunderTask4.2. Theresultsof Task
4.3will bepresentedgraphicallyandwill informthedevelopmentof improvementspresentedunder Task 4. 4.
Task4.4. Develop Water Treatment Plant Improvement Recommendations WestYostwill developaseriesof near- andlonger -termimprovementrecommendationsfor Waterman WTPand NBRWTPbasedon the resultsof Tasks4.1 through 4.3. Improvementrecommendationswill be designatedaccordingto their primaryjustification (e.g., condition- or age -related risks, buildout plant capacityand/or processimprovementneeds, andcurrentorfuturehydraulicdeficiencies). Foreach recommendedimprovement project, WestYostwill developbudgetarycapitalcost information in accordancewith cost estimating methodologiesestablishedunderTask7. Recommendedimprovements will beprioritizedandaccordingto needandplacedonaschedulespanningthedurationof theCIP.
The results of Task 4.4 will be captured in TM 2 and TM 3. Relevant detail, tables, figures, and other exhibits developed under Tasks4.1 through 4.3 will be incorporated in or appended to TM 2 or TM 3, as appropriate.
Task 4 Assumption( s)
Citywill providerequestedhistoricalflow andwaterqualitydatafor bothtreatmentfacilitiesin tabular format ( e.g., Microsoft Excel).
Citywill makeavailableelectroniccopiesof recorddrawingsfor alltreatmentfacility improvement projects at Waterman WTP and NBRWTP.
Citywill makeavailableelectroniccopiesof anyrequestedoperationandmaintenancemanuals for pumpingand/or processequipment at WatermanWTPand NBRWTP.
Citywill dedicateadequateoperations, maintenanceandinstrumenttechnicianstaffto accompany West Yost team during on -site condition assessments.
Planning -levelopinionsof probableconstructioncostwill beClass5estimatesperstandard AACE classifications.
Citywill provideasingle, consolidatedsetof commentsonthedraftTMswithinfourweeksof receiving the draft copies.
Task 4 Deliverable( s)
Draft TM 2 — Condition Assessment: Waterman Water Treatment Plant Draft TM 3 — Condition Assessment: North Bay Regional WTP Task 5. Condition Assessment — Water Storage Reservoirs The objective of this task is to conduct condition assessments of the following water storage tanks:
WEST YOST Cityof Fairfield Water Utility Master Planand RatesStudy — Scopeof Work 7 DocuSign Envelope ID: B63DO41 F- 7BA7- 4B8E- A02A- 54610F5CAE4D Eastridge 16 Concrete ( buried)
Gold Ridge 2. 2 Steel (above ground)
Mangels 1. 0 Steel (above ground)
Martin Hill 2. 7 Steel ( aboveground)
Rancho Solano 3 3. 1 Steel (above ground)
Rancho Solano 4 1. 4 Steel ( above ground)
Rolling Hills 3. 1 Steel (above ground)
The condition assessment will include a comprehensive evaluation of the structural integrity, corrosion, fluid piping, accessandsafety, andcontrol systems. A more detailed descriptionof the condition assessments is provided in Task 5.2.
Task 5. 1. Review Background Data
West Yost will obtain and review record/ as-built drawings, manufacturer shop drawings, original geotechnicalreports, inspectionandservicerecords, andother related information. Thisinformation will be provided by the City. Thisreviewwill beconductedprior to field condition assessmentsoutlined in Task 5. 2.
Task 5. 2. Reservoir Condition Assessments
The condition assessments will include site visits to each reservoir site. It is assumed the site visits will takeupto threedaysto complete. TheWestYostteamwill performvisualinspections. It isassumed that the reservoir will need to remain on-line during the site visits; therefore, entry into the reservoirs is not included. Basedon information collectedduringthe site visits and underTask5.1, WestYostand our subconsultants will perform the following:
Structural Evaluation
The West Yost team will perform a structural analysis of each existing water storage reservoir to determine whether the tank meets the current seismic design requirements of the California Building Code ( CBC) and provide rehabilitation recommendations.
For each tank, our team will perform the following specific tasks:
1. Define the seismic input for the current building code.
2. Model the tank information in our tank design spreadsheets. This information is assumed to be availablefrom the City. Requiredinput information includesheight, wall thickness, and materials for each course, as well as for the bottom plate and annular plate dimensions. Our team will also need roof and roof structural framing information.
3. Perform seismic calculations for AWWA D100- 21, AWWA D110- 13 ( R18), ACSE/SEI 7-22, and the CBC 2022.
4. Evaluatetank stability, sloshingwave height, anchorageratio, andother parametersthat define overall ability to withstand seismicloadsin the tank'sas -designedcondition undercurrent code design load conditions.
5. Determine foundation loads due to seismic loads on the unanchored tank under the current code design load conditions.
6. Determine foundation compliance with the current building code.
WEST YOST City of FairfieldWater Utility Master Planand RatesStudy — Scopeof Work 8 DocuSign Envelope ID: B63DO41F- 7BA7- 4B8E- A02A- 54610F5CAE4D
7. Provide comments and/ or recommendations on feasibility of potential rehabilitation measures suchasraisingtank wall heights, reducingfill height, or anchoringthe tank.
8. Evaluategroundsettlement basedon visualobservations. A detailed geotechnicalinvestigation can be conducted if deemed necessary during site visits and discussions with City staff. A geotechnicalinvestigationis not includedin the basescopeandfee.
The anchoringevaluationprovided aboveonly appliesto welded steel reservoirsand relatesto seismic stability of the reservoir.
Corrosion Evaluation
TheWest Yostteam will conductthe following tasksnecessaryto evaluatethe coatingsystemand possiblecorrosionof the reservoirstructure and metal appurtenance.
VisualInspection: Visuallyinspectthe interior andexterior of the steel reservoirsfor overall condition with respect to corrosion deterioration and damage. Coating adhesion will be tested usinganX-Actobladeandbymakinghashmarksatvariouslocations. Loosecoatingswill be peeledbackto inspectthe underlyingsteel andflakingcorrosionproductswill beremovedto determine the extent of metal loss. The extent and degree of coating deterioration and corrosionpitting will be mappedout for eachsteel reservoirfor exterior surfaces.
UltrasonicThicknessSurvey: Perform ultrasonicthicknessmeasurementsat selectedlocations on the shell platesandthe subject steelreservoirs. A model 36DLPlusUltrasonicThickness meter manufacturedby Panametricswill be usedto conductthis testing. Thistesting will establish the overall thickness of each shell ring and the thickness of the floor plates in case this information is not readily available from the fabrication and installation drawings.
Photographic Documentation: We will record our findings via photographic documentation.
Cathodic Protection System Evaluation: Measure structure - to -water potentials if there is an activecathodicprotection systeminstalledinto these reservoirs. We will alsoevaluatethe condition of the anodes, anode wires, reference electrodes, anode junction boxes and hand hole covers and determine the level of protection being afforded to each tank and the effort to upgrade/ replace these systems if deemed necessary.
Fluid Piping ( Mechanical) Evaluation
The West Yost team will conduct a condition assessment of the piping and associated mechanical equipment, including valving and chemical feed systems.
Access and Safety Evaluation
West Yost will conduct the following condition assessments.
HealthandSafetyEvaluation: CaIOHSAprovidessafety requirementsfor reservoirs. WestYost will evaluate the reservoirs to ensure they are in conformance with OHSA/CaIOSHA requirements. If they are not, our team will provide recommendations to bring them into conformance. Typically, this includesladders, hatches, safetytethers, hand railing, safeclimb devices, and ladder security.
Codeand Permitting: WestYostwill providea summaryof potential permits that would be necessaryif improvementsto either of these reservoirsare recommended. DDWhas responsibilityfor water quality of the state'swater supplies, includingmunicipalities, and must approveanyadditionor modificationto a municipality'swatersystem. WestYosthasworked WEST YOST Cityof FairfieldWaterUtilityMasterPlanandRatesStudy — Scopeof Work9 DocuSign Envelope ID: B63DO41F- 7BA7- 4B8E- A02A- 54610F5CAE4D with DDWstaff on severalprojects and havea keenunderstandingof necessaryapprovalsand requirements.
Control Systems Evaluation
The West Yost team will conduct an evaluation of the existing instrumentation and SCADAfor each reservoir.
Task 5. 3. Evaluate Additional Water Storage Needs
West Yostwill evaluatethe existingcapacityof storagereservoirsagainstthe existing, near -term (10- year), and long-term (2045) future demandsprojectedunder Task2. Ourteam will evaluateexisting reservoircapacitybasedontypical areasof influence (e.g., CementHill Reservoirdirectly servesthe northeast side of Pressure Zone 1). Reservoir capacity evaluations, including recommendations to expand or add new storage to address deficiencies, will be conducted under Task 6.
Task 5. 4. Evaluate Condition Assessments and Develop Recommended Improvements Individual reservoir asset information collected during the site visits will be used to populate West Yost's WAMM with new assets and LOF and COF criteria to evaluate business risk at each of the reservoir sites.
Assets will be assessed based on the WAMM. We will utilize the well -structured risk framework prepared in 2015 and updated in 2022 by West Yost.
The output of the WAMM evaluation will be a risk rating for each asset. Individual asset ratings will be grouped into assetpedestalratingsasappropriate to determine rolled up riskratingsto determine if individual versus facility improvements are warranted.
Based on the condition assessment conducted in Task 5.2 and the results of the WAMM evaluation, West Yost will develop a list of deficiencies and recommended improvements.
The results of Task 5.4 will be captured in TM 4. Relevant details, tables, figures, and other exhibits developed under Tasks 5. 1 through 5.3 will be incorporated in, or appended to, TM 4 as appropriate.
Task 5 Assumption( s)
Condition assessments will be performed for up to eight ( 8) reservoirs as listed above.
Tank inspections will not include dive inspections and it is assumed the tanks will not be off line and drained for inspection. Observations of the interior of the tank will be based on previous interior inspections and observations made from roof access hatches.
City will provide previousgeotechnicalreports anddatafor eachtank site.
City will provide any missing as -built drawings and tank manufacturer' s shop drawings.
City will provide cleaning and inspection reports.
Citywill dedicateadequateoperations, maintenanceandinstrument technicianstaff to accompany West Yost team during on -site condition assessments.
Geotechnical investigations are not included.
Planning -levelopinionsof probableconstructioncostwill beClass5estimatesperstandard AACE classifications.
Citywill provideasingle, consolidatedsetof commentsonthedraftTMwithinfourweeksof receiving the draft copies.
WEST YOST Cityof FairfieldWater Utility Master Planand RatesStudy —Scopeof Work 10 DocuSign Envelope ID: B63DO41F- 713A74B6E- A02A- 54610F5CAE4D Task S Deliverable( s)
Draft TM 4 — Condition Assessment: Water Storage Reservoirs Task 6. Capacity and Condition Assessment — Water Distribution System Theobjectiveof this taskwill be to perform a comprehensivecapacityand condition assessmentof the City'sexistingwatertransmissionanddistributionsystemassetsto identifyexistingandnear -term (10- year CIP), aswell aslong-term water systemdeficienciesandassociatedimprovements. Improvements required to maintain or improve the water distribution system will be prioritized and presented in a draft chapter.
Tasks6.1 and 6.2 addressthe capacityand performanceof the existingand future system. Task6.3 addresses the condition of the existing system.
Task 6. 1. Water System Capacity and Performance Evaluation — Existing WestYostwill scalethe existingdemandsin the City'shydraulicmodelto reflect the existingbaseline demand assumptions developed in Task 2.
Toverify the adequacyof existingfacilities, WestYostwill evaluatethe water treatment, storage, and pumpstation capacityusingexistingdemandsandestablishedplanningcriteria. To performthe evaluation, WestYostwill developa spreadsheetto definewater treatment, storage, andpumpstation capacityneededfor eachpressurezoneunderexistingconditions. Onemeetingwith the Cityisscheduled aspartofthistaskto identifyspecificareasof influenceofeachpumpstationandstoragefacility, ifthe Citydesiresthatfacilitycapacityevaluationsaccountfortheregionsofeachpressurezonethatcanbe reasonably served by each facility.
To evaluate the adequacy of the City' s existing distribution system to meet the planning criteria established under Task 3, West Yost will use the City's hydraulic model with updated existing baseline demands. Scenarios will be developed in the model to evaluate maximum day demand plus fire flow and peakhourdemandconditions. Improvementsto mitigatehydraulicperformanceconstraints (e.g., low pressures, fire flow deficiencies) will be developed.
West Yostwill preparea draft chapterto summarizethe findingsand recommendationsfrom the existing water system facility capacity hydraulic performance evaluations.
Task 6.2. Water System Capacity and Performance Evaluation — Future West Yostwill updatethe near -term and long-term demandallocationsin the City's hydraulicmodelto reflect the near -term and future demand projections developed in Task 2. Demand allocations will considerspatialdistribution of demandsaccordingto plannedlandusesand known future developments.
Toverifythe adequacyof existingfacilities, WestYostwill evaluatethe water treatment, storage, and pump station capacityusingnear -term andfuture demandsandestablishedplanningcriteria. To perform the evaluation, West Yost will use the spreadsheet developed under Task 6. 1 to define water treatment, storage, and pumpstation capacityneededfor eachpressurezoneand/or areaof influenceundernear - term and future demand conditions.
To evaluate the adequacy of the City's existing distribution system to meet the planning criteria established under Task 3, West Yost will use the City's hydraulic model updated with identified near - term projects (e.g., replacementof the RedTop PumpStation) and near -term andfuture demands.
WEST YOST Cityof FairfieldWater Utility Master Planand RatesStudy — Scopeof Work 11 DocuSign Envelope ID: B63DO41 F- 7BA7- 468E- A02A- 54610F5CAE4D Scenarios will be developed in the model to evaluate maximum day demand plus fire flow and peak hour demand conditions. Improvements to mitigate hydraulic performance constraints ( e.g., low pressures, fire flow deficiencies) will be developed.
West Yostwill preparea draft chapter to summarizethe findingsand recommendationsfrom the future water system facility capacity hydraulic performance evaluations.
Task 6. 3. Condition Assessment — Water Distribution System Under this task, West Yost will conduct a desktop condition assessment of the water distribution system usingresults providedby Fracta, to developa pipelinerehabilitation and replacementplan.
Task6.3.1 DevelopAssetRegistry, ReviewBackgroundInformation and StaffInterviews West Yostwill reviewavailabledata, includingassetinventoriesfrom the City'sCMMSandGIS, past condition assessmentstudiesor data, and pipelinefailure projectionspreparedby Fracta. TheWest Yost team will meet with Cityengineeringand operationsstaff to discussassetperformanceandtheir knowledge of the water system infrastructure. These sources of information will help verify the size, condition, performance, and performancecriteria of the existingwater systemto support development of the likelihood andconsequenceof failure criteria, identify improvements, andmitigate potential risks to the City. Staff interviewswill also be usedto identify any specificpipe sizesor materialsthe City wants to prioritize for replacement.
Anassetregistryof pipelinesandservicelateralswill bedevelopedbasedonthe City'sGIS, CMMS, andmeter readingsoftware, supplementedbydiscussionswith Citystaff. Assetattributessuchasdiameter, material, age, and other available data will be confirmed and populated in the registry. It is assumedthat service laterals will be assignedthe same installation date astheir connecting pipelines and the City will advise on service lateral material based on diameter.
Task 6. 3. 2 West Yost Asset Management Model ( WAMM) and Condition Assessment WestYostwill configurethe WAMM with City pipelineassetsand LOFand COFcriteria to evaluaterisk for each pipeline segment.
Horizontal assets (transmission mains and distribution pipelines) will be assessed based on the WAMM but will require adaptation of the Fracta assessment to assimilate into the legacy risk protocol. West Yostwill develop awell -structured riskframework for horizontalassetsleveragingLOFandCOFscoring from Fracta which will support the risk model. The West Yost team will work closely with the Fracta project managerto interpret the LOFprojection andCOFdynamicfailure scenariosfor usein the risk model.
The output of the WAMM evaluation will be a risk rating for each pipeline segment based on the Fracta analysis and the assessment of LOFand COF. Individual pipe ratings will be grouped into pipeline segmentsto determine rolled up risk ratingsto determineif isolatedimprovementsor broader pipeline reaches are warranted.
Task 6. 3. 3 Pipeline and Service Laterals Rehabilitation and Replacement Plan Based on the outcome of Task 6.3.2, West Yost will develop a prioritized rehabilitation and replacement planfor pipelinesandservicelaterals. Recommendedimprovementswill bebroadlyidentifiedbasedon the risk analysis, and the value of the improvements will be estimated. The prioritized rehabilitation and replacementplan will be scheduledand budgetedfor over both a near -term (10-year) and long-term WEST YOST Cityof FairfieldWater Utility Master Planand RatesStudy —Scopeof Work 12 DocuSign Envelope ID: B63DO41F- 7BA7-4B8E- A02A- 54610F5CAE4D 2045) planninghorizonandwill beincorporatedintothe DraftConditionAssessmentChapter (Chapter 8) and Draft Capital Improvement Program ( Chapter 9).
Task 6. 4. Prepare Draft Condition Assessment Chapter
WestYostwill prepareadraftchapterto summarizetheconditionassessmentapproach, aswellasthe findings and recommendations from the condition assessments of the water treatment plants performedunderTask4), waterstoragereservoirs (performedunderTaskS), andpipelines. Anoverall prioritizedlistofconditionassessmentrecommendationswillbedeveloped. Recommendationsfrom the pumpstationconditionassessment, currentlybeingperformedbyWestYostunderaseparate contract, will also be incorporated in this chapter.
Task 6 Assumption( s)
TheCity'shydraulicmodelpipelineswill becurrentandcanbeupdatedunderaseparate contract. Theexistinghydraulicmodel pipelinesare current through late-2020.
TheCitywillprovideinformation, suchaspreliminaryplans, pumpcurves, orotherhydraulic information, onanyplannednear -termfacilitiesthatshouldbeincludedinthemodel (e.g., the Red Top Pump Station replacement).
WestYostunderstandsgeneralareasof influenceof eachpumpstationandstoragefacility within the system, particularlythose servingZones1 and 2 (e.g., CementHill Reservoir, Paradise ValleyPumpStation/Reservoir, RollingHillsPumpStation/Reservoir). Therefore, one (1) meeting with the Cityvia MSTeamsisbudgetedfor underthis taskto discussthe most applicable approach to the facility capacity evaluations.
Hydraulicmodelingscenariosidentified underthis task will be performed understatic conditions.
Hydraulicmodelscenarioswill bedevelopedfor the near -term (10-year) andfuture (2045) demand conditions.
Draft Chapter8 will includea summaryof the approach, keyfindings, and recommendations identifiedduringthewatertreatmentplant (Task4), waterstoragereservoir (Task5), pump station ( completed under separate contract), and water distribution system pipeline condition assessments.
Cityto provideasingle, consolidatedsetofcommentsonthedraftTMandchapterswithinfour 4) weeks of receiving the draft copies.
Task 6 Deliverable( s)
Draft TM 5 — Condition Assessment: Water Distribution System Draft Chapter 6 — Existing Water System Analysis
Draft Chapter 7 — Future Water System Analysis
Draft Chapter 8 — Condition Assessments
Task 7. Draft Capital Improvement Program
Theobjectiveof thistaskwill beto developacomprehensiveCapitalImprovementProgram (CIP) road mapfor theCity'swatersystemandsummarizethefindingsandrecommendationsfromthe previous tasks.
WEST YOST Cityof FairfieldWaterUtilityMasterPlanandRatesStudy — ScopeofWork13 DocuSign Envelope ID: 663DO41F- 7BA7- 4B8E- A02A- 54610F5CAE4D Task 7.1. Develop Unit Costs
West Yostwill developplanning -level unit coststhat will beusedto estimatecostsfor the recommended capital improvement projects. Unit costs shall be developed for pipelines, storage facilities, pump stations, water treatment plants, pressureregulatingstations, andother improvements, asappropriate. WestYost will alsoidentifyappropriatecontingencyfactors (softcosts) neededto generatetotalprojectcapitalcosts.
Recentbid tabsandrelevantprojectsfrom other adjacentutilitieswill be reviewedto developunit cost and contingency factor estimates.
West Yostwill preparea draft narrativeto documentthe costestimation methodology. Thenarrative will be included in the appendix of the WMP.
Task 7.2. Develop Prioritized CIP
WestYostwill developplanning -leveltotal projectcostestimatesfor allrecommendedcapital improvement projectsidentified in Tasks4 through 6. Costswill be basedon the current SanFrancisco ENRConstructionCostIndex. West Yostwill developa CIPthat includesprioritized near -term and long- term improvements to address existing deficiencies, renewal and replacement needs, operating reserves, as -neededemergencyrepairs, andplannedimprovementsto meetfuture growth.
West Yostwill preparea draft chapter to documentthe recommendedwater systemCIP.
Task 7 Assumption( s)
City to provide recent bid tabs.
Costestimatingwill be consistentwith the Associationfor Advancementof CostEngineering International ( AACE International) Class S cost estimates West Yostwill developa CIPfor the near -term (10-year) and long-term (2045) planninghorizons.
Citystaffwill provideguidanceonsoftcostassumptions, includingestimatedgeneraladd -on costs for environmental review, right -of way acquisition, design, legal, and construction management.
TheCityrecommendsa near -term (10-year) CIPthat includesa minimumof $40 million in reserves to cover: capital projects for the next 10 years ($40 — $ 50 million); operating reserves to cover short- term cash requirements ($ 5 million); and as -needed emergency repairs ($ 5 million). In addition, the capitalimprovement programshouldmaintainanannualinvestmentin capital improvement expenditures of at least $ 7. 5 million dollars.
Cityto provideasingle, consolidatedsetof commentsonthedraftchapterwithinfour (4) weeks of receiving the draft copies.
Task 7 Deliverable( s)
Cost Estimating Appendix ( electronic copy)
Draft Chapter 9 — Capital Improvement Program ( electronic copy) Task 8. Water Master Plan Report
The objective of this task will be to summarize the findings and recommendations from previous tasks in a single report for the City' s future reference.
Task 8. 1. Prepare CIP Deliverables
WestYostwill preparenear -term (10-year) andlong-termCIPrecommendationsintabularandvisual formatsto guidetheCityin implementingtheprojectsidentifiedandrecommendedunderTask7. Two WEST YOST City of FairfieldWater Utility Master Planand RatesStudy — Scopeof Work 14 DocuSign Envelope ID: B63DO41F-7BA7-4B8E- A02A- 54610F5CAE4D 2) tableswill beprovided, includingatableprovidingtherankingfor allrecommendedsystem improvementscategorizedby risk level, anda table summarizingthe near -term CIPfor projects identified in Tasks4 through 6. Threefigureswill be providedto depict the near -term proposedwater treatmentplantprojects, storageprojects, pumpstationprojects, andpipelineprojects. WestYostwill alsoprovideGISshapefiles) that summarizethenear -termwatersystemimprovementsbyspatial location, estimatedconstruction cost, andCIPproject ID. If requestedbythe City, WestYostcansave the GISshapefiles as new feature classeswithin the City's existing potable water utility GISgeodatabase.
Task 8. 2. Prepare Draft Water Master Plan Report
TodevelopthedraftWMP, WestYostwillmakeanynecessaryupdatestotheindividualdraftchapters preparedinprevioustasksandwillcompilethemintoadraftWMPreport. AnExecutiveSummaryand Introduction chapterwill be developedfor the draft WMP Report. After submittal of the draft WMP Report, West Yost will attend a review meeting with City staff to receive comments.
Task 8. 3. Prepare Final Water Master Plan Report
WestYostwill preparethescreen -checkfinalreport, incorporatingcommentsfromCityreviewof the draft WMP Reportin track changes. OnceCityapprovalis received, West Yostwill producethe final WMP Report, including 5 bound hard copies.
Task 8 Assumption( s)
Reportwill includean ExecutiveSummaryandIntroductionchapter, whichwill be preparedunder this task.
Estimatedconstruction costsprovidedwith the GISshapefileswill be basedon the current San Francisco ENRConstruction Cost Index, as presented in the WMP.
Cityto provideasingle, consolidatedsetof commentsonthedraftreportwithinfour (4) weeks of receiving the draft copies.
Electronic deliverables associated with Task 8 will be submitted on a USBflash drive Task 8 Deliverable( s)
Tablerankingrecommendedsystemimprovements, categorizedbyrisk (MicrosoftExcelformat) Ten (10) yearCIPtablelistingtheassetsidentifiedinTasks4through6 (MicrosoftExcelformat) Figure ( 11" x 17") depictingthe10-yearinfrastructurereplacementplanfor proposedwater treatment plant projects ( electronic copy)
Figure ( 11" x 17") depictingthe 10-year infrastructure replacementplanfor proposedwater storage projects ( electronic copy)
Figure ( 11" x 17") depictingthe 10-year infrastructure replacementplanfor proposedwater distribution projects ( electronic copy)
GISshapefile(s) depictingthe 10-yearinfrastructurereplacementplansandspatiallocationfor proposed water projects ( electronic copy)
Draft WMP Report ( 4 bound, 1 unbound hard copies)
FinalWMP Report (1 fully editableelectroniccopy, 5 bound hard copies) Task 9. Water Cost of Service Rate Study ( Bartle Wells Associates) Theobjective of this task isto developafair and reasonablerate structure over a five-year period that meetstheCity'sminimumrevenuerequirementsassociatedwith operationsandmaintenance, aswell as meeting future CIP needs.
WEST YOST Cityof FairfieldWaterUtility MasterPlanandRatesStudy — ScopeofWork15 DocuSign Envelope ID: B63DO41 F- 713A74NE- A02A- 54610F5CAE4D Task 9.1. Review of Current and Historical Information
WestYostwill reviewtheCity'sbudgetdocuments, financialplans, comprehensiveannualfinancial reports, et al., in order to review keybackgroundand historical information that includesbut is not limited to those identified in Task 3, as well as any bond covenants, contractual ( Solano County Water Agency, SolanoIrrigationDistrict, Cityof Vallejo, CanonStation, PacificFlyway, et al.) andother operational requirements. West Yost will also review historical revenues, operating expenses, debt servicerequirements, reservepolicies (i.e., workingcapitalandrenewalandreplacement), billingand collectionprocedures, approvedratesandcharges, customerinformationandconsumptiondata. West Yostwill prepareandsubmit a data requestlist to the Cityto initiate this task.
Task9.2. Cost of Service Analysis and Rate Design
WestYostwill perform the following analyses (andconsistentwith that proposedin the RFP):
Analysisof ExistingConditions: theanalysisof existingconditionsshallappraisetheadequacyof the City's current water enterprisefinancial position but considerthe infrastructure investments identifiedinthenewlycomposedWMP. Theanalysisshallalsoevaluatethelevelof servicethat the Cityprovidesand anycorrectiveactions, if needed.
Cost of Service Analysis and Rate Design: the analysis shall include the following alternatives:
a. The "Do -Nothing" Option: ananalysisthat examinesoperating resultsover the next ten yearsif theCityelectednotto raiserates, whichshallincludetheextentto which projectedrevenuesmeetprojectedoperatingandcapitalneedsincludingbond covenants, debt service, reserve levels, et al. (the " do nothing" option). This option is intended to review the adequacy of existing rates to meet cost of service over the next ten yearsand shallincorporatethosecapital improvementsidentified in the WMP.
Additionally, this alternativeshallconsiderreducedwater salesdueto conservationand the potential for protracted growth in residentialdevelopment. b. The " More of the Same" Option: an analysis that examines operating results over the next ten years if the Citywereto considerreplicatingthe previousapprovedrate increase. The analysis will include the extent to which projected revenues meet projectedoperating andcapitalneedsincludingbond covenants, debt service, reserve levels, et al. Thisoption shallalsoincludeany correctiverecommendations (if needed) as well as those capital improvements identified in the WMP. Additionally, this alternative will consider reduced water sales due to conservation and the potential for protracted growth in residentialdevelopment.
c. Other Alternatives: an analysis of alternative rate structures, such as a Water Budget Based Rates rate structure and/ or connection fees for new development. Prior to performing this analysis, WestYostwill work with the Cityto establisha reasonable number of alternatives to consider based on intended outcomes.
3. Sensitivity Analysis: for eachrate scenario, sensitivityof the projected resultsfor eachoption we will consideredin its ability to meet operational needsand capital improvementsoutlined in the WMP. Thesensitivityanalysiswill includeconsiderationof any potential cutsto serviceaffecting service levels, reliability, water quality, and/ or consumer confidence.
Task 9. 3. Cost of Service Rate Study Report
WestYostwillprepareaCostofServiceRateStudyReportbasedontheCity'sproposedoutlinewith eachsectionprovidingasummaryofthefindingsandrecommendationsfromanalysesperformedunder Task 9. 2.
WEST YOST Cityof Fairfield Water Utility Master Planand RatesStudy — Scopeof Work 16 DocuSign Envelope ID: 863DO41 F- 7BA7- 4B8E- A02A- 54610F5CAE4D
1. Executive Summary
2. Analysis of Existing Conditions
3. Cost of Service Analysis and Rate Design
4. Sensitivity Analysis
S. CustomerPerspective (i.e., preparationoftypicalbillcomparisonsfor therecommendedoption andrate structure for eachof the City's customerclassesascomparedto the typical bill for the current rate schedules as a baseline.)
The West Yost team will assist the City with preparing for and completing the Proposition 218 process.
TheWestYostteam will attend up to two meetingswith the City's ExecutiveManagementTeam, two meetings with the City Council, and two public workshops.
Task 9 Assumption( s)
TheCitywill providehistoricalandcurrentdocumentationinelectronicformat.
TheCitywill approveupto threealternativeratescenariosfor furtherevaluationandinclusion in the Study Report.
TheCityshallreviewandrespondwithcommentsonthe DraftStudyReportwithinfourweeks of receiving the draft study.
TheCitywill thenhostameetingto discussallcommentsuponcompletionofthe City'sreview.
Task 9 Deliverable( s)
Draft Water Costof ServiceRateStudyReport (four bound andone unboundcopy) FinalWater Costof ServiceRateStudyReport (five bound copiesandoneelectronicfile in Microsoft Word)
Task 10. Hydraulic Model Update - Optional
Thelast hydraulicmodel calibrationandverification of water systemoperationswas performed in 2017, priorto thecompletionof theCrosstownPipeline. WestYostcanperformanupdateand/or recalibrationof operationsto the hydraulicmodel, if requestedby the City. Scopeitems canbe developedinconsultationwiththeCity. Examplesof possiblemodelupdatescopeitemsareincluded below.
Prepareupdated diurnal demandpatternsfor the City'ssixmain pressurezonesto better reflect recentwaterusepatternswith conservation. Existingdiurnaldemandpatternsinthe hydraulic model are basedon 2013maximumday demand, 2014minimum daydemand, and 2017 summer ( model calibration) day demand.
Recalibratesystemoperationsusinga 24-hour extendedperiod simulation (EPS) scenariofor a more recent summerdaydemandcondition. Recalibrationefforts could include:
o Prepare a hydrant pressure recorder ( HPR) placement memorandum. o Place HPRsto collect supplemental pressure data.
o Verifythatthemodelresultsgenerallymimicthefillingandemptyingof selected reservoirs, the on/off cycledof selectedpump stations, andthe pressuresat selected areasthroughouttheCity'sserviceareagenerallysimulatetheobservedtrendsduringa 24-hour period.
Validate systemoperationsagainstthe recalibratedmodel resultsusinghistoricalSCADAdata for recent (2020through 2022) demandconditions. Examplesof desireddemandconditions to verify for future modelinganalysescould include:
o Maximum Day Demand
WEST YOST Cityof FairfieldWaterUtilityMasterPlanandRatesStudy — ScopeofWork17 DocuSignEnvelopeID: B63DO41F-7BA7-4B8E-A02A-54610F5CAE4D o Minimum Day Demand
o Average Day Demand
Duetoscheduleconstraints, thehydraulicmodelupdatewillbeperformeduponcompletionoftheWMP.
A proposedfeewill bedevelopedonlyaftertheCityrequestsadditionalmodelcalibrationto be performed.
Task 10 Assumption( s)
Aroutinehydraulicmodelupdatewill beperformedunderWestYost'scurrentGISand modelingon -callcontractwiththeCityandwillincludeareallocationofexistingmodel demands, theadditionof pipelineprojectscompletedsince2020, andtheadditionor abandonment of any facilities since 2020.
Additionalassumptionsandaproposedfeewillbeprovidedifoptionalscopeitemsareselected under this task.
Task 10 Deliverable( s)
To be developed in consultation with the City.
WEST YOST CityofFairfieldWaterUtilityMasterPlanandRatesStudy — ScopeofWork18 2024
BEEMEMEMINE
01 NO m
DocuSign Envelope ID: B63D041 F-76A7- 468E- A02A- 54610F5CAE4D EXHIBIT " B"
PAYMENT
1) ThetotalcontractpriceforservicesrenderedbyCONSULTANTunderthisAgreementshallbe for a not to exceed amount of one million dollars ($ 1, 000, 000). 2) Payment shall be made to CONSULTANTon atime and materials basis, and CONSULTANTshall submitmonthlyinvoicesto the PublicWorksDepartment, Attention: MichaelHether, for thesame. 3) Anyadditionalmeetingsor workrequiredbeyondthat setforth in Exhibit "A" shallbe mutuallyagreedto inwritingbythe CITYandCONSULTANT, andshallbebilledon a time andmaterials basis to the Public Works Department, Attention: Michael Hether.
Revised 6/ 1/2022
DocuSign Envelope ID: B63D041 F- 7BA7- 4B8E- A02A- 54610F5CAE4D EXHIBIT " C"
GENERAL PROVISIONS
1) INDEPENDENTCONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANTonly insofar as the results of CONSULTANT's servicesrendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT hasall licenses, permits, qualifications, andapprovalsof whatsoevernature which arelegallyrequired for CONSULTANTto practiceCONSULTANT's profession. CONSULTANTrepresentsandwarrantsto CITYthat CONSULTANTshall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvalswhich are legallyrequired for CONSULTANTto practice his profession.
3) TIME. CONSULTANTshall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary in a manner consistent with the Standard of Performance. 4) CONSULTANTNOTAN AGENT. Except as CITYmay specify in writing, CONSULTANTshall have no authority, express or implied, to act on behalf of CITYin any capacity whatsoever as an agent.
CONSULTANTshall haveno authority, expressor implied, pursuantto this Agreement, to bind CITYto any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuantto thisAgreement. Anyattemptedor purportedassignmentof anyrightorobligationpursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANTshall assign only competent personnel to perform services pursuantto thisAgreement. Intheeventthat CITY, initssolediscretion, at anytimeduringthe termof this Agreement, desiresthe removal of any person or personsassignedby CONSULTANTto perform servicespursuant to this Agreement, CONSULTANTshall remove any such person immediately upon receivingnotice from CITYof the desireof CITYfor the removalof suchpersonor persons. 7) STANDARDOF PERFORMANCE. CONSULTANTshall perform all services required pursuant to this Agreement. Servicesshallbe performed in the mannerand accordingto the standardsobservedby acompetentpractitionerof the professionin whichCONSULTANTisengagedinthegeographicalareain whichCONSULTANTpracticeshisprofession. All productswhich CONSULTANTdeliversto CITYpursuant to thisAgreementshallbepreparedin aworkmanlikemanner, andconformto thestandardsof quality normallyobservedbyapersonpracticingin CONSULTANT'sprofession. CITYshallbethesolejudgeasto whether the product of the CONSULTANTis satisfactory.
8) CANCELLATIONOFAGREEMENT. This Agreement may be canceled at any time by the CITYat its discretion upon written notification to CONSULTANT. CONSULTANTis entitled to receive full payment for allservicesperformedandallcostsincurredupto andincludingthe dateof receiptof written notice to cease work on the project. CONSULTANTshall be entitled to no further compensation for work Revised 6/ 1/ 2022
DocuSign Envelope ID: B63D041F- 7BA7- 4B8E- A02A- 54610F5CAE4D performed after the date of receipt of written notice to ceasework. All completed and incomplete productsupto thedateof receiptof writtennoticeto ceaseworkshallbecomethepropertyof CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENTis an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANTis a design professional, as defined in California Civil Code 2782. 8( c)( 2), to the fullest extent permitted by law, CONSULTANTshall indemnify, defend and hold harmless CITYand its elected officials, officers, agents, employees and designated volunteers ( collectively CITY Indemnitees") from andagainstany andall claims, losses, liabilities, damages, costsand expenses, includingattorney'sfeesandcosts, to the extent they ariseout of, pertain to, or relateto the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT's duty to defend shall consist of reimbursement of defense costs incurred by CITYin direct proportion to the CONSULTANT's proportionate percentageof fault. CONSULTANT's percentageof fault shallbedetermined, asapplicable, byacourtof law, jury or arbitrator. In the eventanyloss, liabilityor damageis incurredby way of settlementor resolution without a court, jury or arbitrator having made a determination of the CONSULTANT's percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT's proportionate percentageof fault for purposesof determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENTis not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANTis not a design professional as defined in California Civil Code 2782. 8( c)( 2), to the fullest extent allowed by law, CONSULTANTshall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damageto property arisingfrom or connected with the willful misconduct, negligent acts, errors or omissions, ultra -hazardous activities, activitiesgivingriseto strict liability, or defectsin designby CONSULTANTor any persondirectlyor indirectlyemployedby or actingas agentfor CONSULTANTin the performanceof this Agreement, includingthe concurrentor successivepassivenegligenceof the CITYIndemnitees.
It is understood that the duty of CONSULTANTto indemnify and hold harmless includes the duty to defend asset forth in Section2778of the CaliforniaCivilCode.
Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANTfrom liability under this indemnification and hold harmless clause. This indemnification and hold harmlessclauseshallapplywhether or not suchinsurancepoliciesare determinedto beapplicable to any such damages or claims for damages.
CONSULTANT'S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITEDINTERESTS. No employee of the CITYshall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITYif this provision is violated. 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residentsto work on city projects. Localresident is defined as a personwho residesin SolanoCounty.
Revised 6/ 1/2022
DocuSign Envelope ID: B63DO41 F- 7BA7- 4B8E- A02A- 54610F5CAE4D TheCITYencouragesan activeaffirmative action programon the part of its contractors, consultants, and developers. Whenlocalprojectsrequire, subcontractors, contractors, consultantsanddeveloperswill solicit proposals from qualified local firms where possible.
As a way of respondingto the provisionsof the Davis -BaconAct and this program, contractor, consultants, and developerswill be asked, to provide no more frequently than monthly, a report which liststhe employee's name, job class, hoursworked, salarypaid, city of residence, andethnic origin. 13) CONSULTANTNOTA PUBLICOFFICIAL. CONSULTANTis not a "publicofficial" for purposesof Government Code §§ 87200et seq. CONSULTANTconductsresearchandarrivesat hisor herconclusions, advice, recommendation, or counsel independent of the control and direction of the CITYor any CITY official, otherthannormalcontractmonitoring. In addition, CONSULTANTpossessesnoauthoritywith respectto anyCITYdecisionbeyondtheseconclusions, advice, recommendation, orcounsel. 14) EMPLOYMENTDEVELOPMENTDEPARTMENTREPORTINGREQUIREMENTS. When the CITY executesanagreementfor or makespaymentto CONSULTANTinthe amount of $600 (sixhundreddollars) or more in anyone calendaryear, CONSULTANTshallprovidethe following information to CITYto comply with Employment Development Department ( EDD) reporting requirements:
a) Whether CONSULTANTis doing businessas a sole proprietorship, partnership, limited liabilitypartnership, corporation, limitedliabilitycorporation, non-profitcorporationor otherformof organization.
b) If CONSULTANTisdoing businessasa soleproprietorship, CONSULTANTshallprovidethe full name, address and social security number of the sole proprietor. c) If CONSULTANTisdoingbusinessasotherthanasoleproprietorship, CONSULTANTshall provide CONSULTANT'Sfederal tax identification number.
Revised 6/ l/ 2022
DocuSign Envelope ID: B63DO41F-7BA7-4B8E- A02A- 54610F5CAE4D EXHIBIT " D"
INSURANCE REQUIREMENTS
CONSULTANTshallprocureandmaintainforthedurationofthecontractinsuranceagainstclaimsfor injuries topersonsordamagesto propertywhichmayarisefromorinconnectionwiththeperformanceofthework hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) CommercialGeneralLiabilitycoverage (occurrenceFormCG00 01 or equivalent) with minimumlimitsof $1,000,000peroccurrencefor bodilyinjury, personalinjury, productsandcompleted operations, andpropertydamage. IfCommercialGeneralLiabilityorotherformwithageneralaggregate limit isused, eitherthegeneralaggregatelimitshallapplyseparatelytothisproject/locationorthegeneral aggregate limit shall be twice the required occurrence limit. b) Automobile Liability coverage (FormCA00 01 or equivalentwith Code1— any auto) with minimum limits of $1,000,000 per accidentfor 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 employee per accident for bodily injury or disease.
2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.
ElProfessionalLiabilityInsurance / ErrorsandOmissionsLiabilityintheminimumamountof $1,000,000 per claim and aggregate.
Pollution LiabilityInsurancein the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $ 1,000, 000 per occurrence Fidelity / Crime / DishonestyBondinthe minimumamountof $ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
aBuilder'sRisk / CourseofConstructionInsuranceintheminimumamountof $ 3) INSURANCE PROVISIONS
a) DEDUCTIBLESANDSELF -INSUREDRETENTIONS. Any deductiblesor self -insuredretentions must bedeclaredto andapprovedbythe CITY. At the optionof the CITY, eitherthe insurershallreduceor eliminate such deductibles or self -insured retentions as respects the CITY, its officers, officials, employees andvolunteers; or the CONSULTANTshallprocurea bondguaranteeingpaymentof lossesandrelated investigations, claim administration and defense expenses.
Revised 6/ 1/ 2022
DocuSign Envelope ID: B63D041F- 76A7- 488E- A02A- 54610F5CAE4D b) Thegeneralandautomobileliabilitypolicies (andif applicable, pollutionliability, garagekeepers liabilityandbuilder's riskpolicies) areto contain, or beendorsedto contain, thefollowingprovisions:
The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liabilityarisingout of work or operationsperformedby or on behalfof the CONSULTANT; productsand completedoperationsof the CONSULTANT; premisesowned, occupiedor usedbytheCONSULTANT; andautomobilesowned, leased, hiredor borrowedby the CONSULTANT. Thecoverageshallcontainno speciallimitationson the scopeof protection afforded to the CITY, its officers, officials, employees or volunteers. ii) Foranyclaimsrelatedto this project, theCONSULTANT'Sinsurancecoverageshallbeprimary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self -insuredmaintainedbythe CITY, itsofficers, officials, employeesor volunteersshallbeexcess of the CONSULTANT' S insurance and shall not contribute with it. iii) Anyfailureto complywithreportingorotherprovisionsofthepoliciesincludingbreachesof warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) TheCONSULTANT'Sinsuranceshallapplyseparatelyto eachinsuredagainstwhomclaimismade or suit is brought, except with respect to the limits of the insurer' s liability. v) Eachinsurancepolicyrequiredby this clauseshallbe endorsedto statethat coverageshallnot becanceledbythecarrier, exceptafterthirty (30) days' priorwrittennoticebymail, hasbeen given to the CITY.
vi) Thepolicylimitsof coverageshallbemadeavailableto the full limitsof the policy. Theminimum 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 isgreater. c) ACCEPTABILITYOFINSURER. Insurance isto be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the CITY.
VERIFICATIONOFCOVERAGE. CONSULTANTshall furnish the CITYwith original endorsements effecting coveragerequiredbythisExhibitD. Theendorsementsareto besignedby a personauthorizedbythat insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 1185, subject to CITYapproval; andsubmitted electronicallythrough the Exigisinsurancesystemto: [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, CONSULTANTshallprovide complete, copies of all required insurance policies, includingendorsementseffectingthe coveragerequiredbythesespecifications. d) SUB - CONTRACTORS. CONSULTANTshall require all subcontractors to procure and maintain insurancepoliciessubjecttotherequirementsofExhibitD. FailureofCONSULTANTtoverifyexistenceofsub- contractor's insuranceshallnot relieveCONSULTANTfrom anyclaim arisingfrom sub -contractorswork on behalf of CONSULTANT.
Revised 6/ 1/ 2022
DocuSign
Certificate Of Completion
EnvelopeId: B63DO41F7BA74B8EA02A54610F5CAE4D
Status: Completed
Subject: CompletewithDocuSign: ProfessionalServicesandNone -DisclosureAgreements (CityofFairfield) Source Envelope:
Document Pages: 31 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Lydia Park
AutoNav: Enabled
1000 Webster Street
CommunityDevelopment - BuildingServicesEnvelopeld Stamping: Enabled Time Zone: (UTC-08:00) PacificTime (US & Canada)
Fairfield, CA 94533
1park@fairfield. ca. gov
IP Address: 64. 162. 152. 2
Record Tracking
Status: Original Holder: Lydia Park Location: DocuSign
11 /15/ 2022 4: 32: 06 PM ( park@fairfield. ca.gov
SecurityApplianceStatus: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Fairfield Location: DocuSign Timestamp
Sent: 11/ 15/ 2022 4: 38: 50 PM
Viewed: 11/ 17/ 2022 9: 16: 41 AM
Signed: 11/ 17/ 2022 9: 18: 11 AM
Charles Duncan
cduncan@westyost. com E(!F89EA07A8CD6419.
President & CEO
SecurityLevel: Email, AccountAuthentication Signature Adoption: Pre -selected Style None)
Using IP Address: 50.228.242.114
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 11/ 17/ 2022 9: 16: 41 AM
ID: eb42e330- 2aae- 4e41- a552- e5b791a173c7
In Person Signer Events Signature
Editor Delivery Events Status
Agent Delivery Events Status
Intermediary Delivery Events
Certified Delivery Events Status
o , Wy Events
Amy Kwong
COPIEDakwong@westyost. com
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nigel Browne
7C70 =P1Dnbrowne@fairfield. ca. gov
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Timestamp
Timestamp s
Timestamp
Timestamp .
Timestamp -
Timestamp
Sent: 11 /15/2022 4:38:50 PM
Viewed: 11/ 15/ 2022 5: 30: 49 PM
Sent: 11/17/2022 9:18:13 AM
Viewed: 11/17/2022 9:19:45 AM
Witness Events Signature Timestamp „___
oury Events Signature
TO
veylope, SummaryEvents
Envelope Sent
Certified Delivered
Signing Complete
Completed
Stelae
Hashed/ Encrypted
Security Checked
Security Checked
Security Checked
11/ 15/ 2022 4: 38: 50 PM
11/ 17/ 2022 9: 16: 41 AM
11/ 17/ 2022 9: 18: 11 AM
11/ 17/ 2022 9: 18: 13 AM
i. declineto signa documentfrom within your signingsession, andon thesubsequentpage, selectthecheck -box indicatingyou wish to withdraw yourconsent, or youmay; iisendus anemailto [email protected]. govandin thebodyof suchrequestyou muststateyour email, full name, mailingaddress, and telephonenumber. We do notneedanyotherinformation from you to withdrawconsent.. The consequencesof yourwithdrawingconsent for online documentswill be thattransactionsmay take a longertime to process.. Required hardware and softwareThe
minimumsystem requirementsfor usingthe DocuSignsystem may changeover time. The current systemrequirementsare foundhere: https:Hsupportdocusigncom/ guides/ signeride- siQning- s ystem- requirements. Acknowledgingyour
access and consentto receiveandsign documentselectronicallyTo confirm to us thatyoucanaccessthisinformationelectronically, which will be similarto other electronic noticesand disclosuresthatwe willprovideto you, pleaseconfirmthat you havereadthis ERSD, and (i) thatyouareableto printonpaperor electronicallysavethis ERSDfor your future referenceand access; or (ii) thatyouareableto emailthisERSDto an emailaddresswhereyou will be ableto printonpaperorsaveit for yourfuturereferenceand access. Further, if you consentto receivingnoticesand disclosuresexclusivelyin electronicformatas describedherein, then select the check -boxnext to ` I agreetouse electronicrecordsand signatures' beforeclicking ` CONTINUE' within the DocuSignsystem. By selecting
thecheck -boxnext to `I agreetouse electronicrecordsand signatures', youconfirm that: You can
accessandread thisElectronicRecordand SignatureDisclosure; and You can printon paperthisElectronicRecordand SignatureDisclosure, or save orsendthisElectronic Recordand Disclosureto a locationwhereyou can printit, for futurereferenceand access; and Until or
unlessyounotify Cityof Fairfieldasdescribedabove, you consentto receiveexclusivelythrough electronic means all notices, disclosures, authorizations, acknowledgements, and other documentsthat are requiredto be providedor made availableto you byCityof Fairfieldduringthe courseof your relationshipwithCity of Fairfield.
ElectronicRecordand SignatureDisclosurecreatedon: 2/3/20219:06:07AM Parties agreed to: Charles Duncan
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
Fromtimetotime, Cityof Fairfield (we, usorCompany) mayberequiredbylawtoprovideto youcertainwrittennoticesordisclosures. Describedbelowarethetermsandconditionsfor providingtoyousuchnoticesanddisclosureselectronicallythroughtheDocuSignsystem.
Pleasereadtheinformationbelow carefullyandthoroughly, andif you canaccessthis informationelectronicallytoyoursatisfactionandagreetothisElectronicRecordandSignature Disclosure (ERSD), pleaseconfirmyouragreementbyselectingthecheck -boxnextto `I agreeto useelectronicrecordsandsignatures' beforeclicking `CONTINUE' withintheDocuSign system.
Getting paper copies
At anytime, youmayrequestfromusapapercopyof anyrecordprovidedormadeavailable electronicallytoyoubyus. Youwillhavetheabilitytodownloadandprintdocumentswesend toyouthroughtheDocuSignsystemduringandimmediatelyafterthesigningsessionand, if you electtocreateaDocuSignaccount, youmayaccessthedocumentsfor alimitedperiodof time usually30days) aftersuchdocumentsarefirstsenttoyou. Aftersuchtime, if youwishforusto sendyoupapercopiesofanysuchdocumentsfromourofficetoyou, youwillbechargeda
0.00per -pagefee. Youmayrequestdeliveryofsuchpapercopiesfromusbyfollowingthe proceduredescribedbelow.
Withdrawing your consent
If youdecidetoreceivenoticesanddisclosuresfromuselectronically, youmayatanytime changeyourmindandtellusthatthereafteryouwanttoreceiverequirednoticesanddisclosures onlyinpaperformat. Howyoumustinformusofyourdecisiontoreceivefuturenoticesand disclosureinpaperformatandwithdrawyourconsenttoreceivenoticesanddisclosures electronicallyis describedbelow.
Consequences of changing your mind
If youelecttoreceiverequirednoticesanddisclosuresonlyinpaperformat, it will slowthe speedat which we cancompletecertainstepsin transactionswith you anddelivering servicesto youbecausewewillneedfirsttosendtherequirednoticesordisclosurestoyouinpaperformat, andthenwaituntilwereceivebackfromyouyouracknowledgmentof yourreceiptof such papernoticesordisclosures. Further, youwill nolongerbeabletousetheDocuSignsystemto receiverequirednoticesandconsentselectronicallyfromusorto signelectronicallydocuments from us.
All notices and disclosures will be sent to you electronically Unlessyoutellusotherwiseinaccordancewiththeproceduresdescribedherein, wewillprovide electronicallytoyouthroughtheDocuSignsystemallrequirednotices, disclosures, authorizations, acknowledgements, andotherdocumentsthatarerequiredtobeprovidedor made availabletoyouduringthecourseofourrelationshipwithyou. Toreducethechanceofyou inadvertentlynotreceivinganynoticeordisclosure, weprefertoprovidealloftherequired noticesanddisclosurestoyoubythesamemethodandtothesameaddressthatyouhavegiven us. Thus, youcanreceiveallthedisclosuresandnoticeselectronicallyorinpaperformatthrough thepapermaildeliverysystem. Ifyoudonotagreewiththisprocess, pleaseletusknowas describedbelow. Pleasealsoseetheparagraphimmediatelyabovethatdescribesthe consequencesof yourelectingnotto receivedeliveryof thenoticesanddisclosures electronically from us.
How to contact City of Fairfield:
Youmaycontactusto letusknowof yourchangesasto howwemaycontactyouelectronically, torequestpapercopiesofcertaininformationfromus, andtowithdrawyourpriorconsentto receive notices and disclosures electronically as follows:
Tocontactusby emailsendmessagesto: [email protected] To adviseCity of Fairfield of your new email address
Toletusknowofachangeinyouremailaddresswhereweshouldsendnoticesanddisclosures electronicallytoyou, [email protected] thebodyofsuchrequestyoumuststate: yourpreviousemailaddress, yournewemail address. Wedonotrequireanyotherinformationfromyouto changeyouremailaddress.
IfyoucreatedaDocuSignaccount, youmayupdateitwithyournewemailaddressthroughyour account preferences.
To request paper copiesfrom City of Fairfield
Torequestdeliveryfromusofpapercopiesofthenoticesanddisclosurespreviouslyprovided byustoyouelectronically, [email protected] bodyofsuchrequestyoumuststateyouremailaddress, fullname, mailingaddress, and telephonenumber. We will bill you for any feesatthattime, if any.
To withdraw your consentwith City of Fairfield
Toinformusthatyounolongerwishtoreceivefuturenoticesanddisclosuresinelectronic format you may:
DocuSign Envelope ID: B63DO41 F- 7BA7- 4B8E- A02A- 54610F5CAE4D Regardingthe City of Fairfield's SensitiveProprietaryInfrastructureInformation This Non - Disclosure Agreement (" Agreement"), is entered into this dayof Q)XzM 022 (" Effective Date"), by and between the City of Fairfield, (" City"), a municipal corporation of the State of California, and West Yost Associates, (" Recipient"). For purposesof this Agreement, City and Recipient may be referred tojointly in this Agreementas "Parties" Recipient'sname, address, andstateof incorporation (if applicable), are as follows ( please print):
West Yost Associates, 2020 Research Park Drive, Suite 100, Davis, California, 95618, WHEREAS, the City, acting through the Information Technology Department, will disclose certain Confidential Information to Recipientbasedon work with the City, relating to the City' s network configuration and infrastructure; and
WHEREAS, Recipient must have access to such information in order to configure hardware, software, application or network services; and
WHEREAS, in order to release Confidential Information to Recipient, the City requires Recipient to enter into this Agreement through its authorized representative and return it to the City as a pre -condition of receivingmaterialsthatcontainConfidential Information; NOW THEREFORE, in consideration of the above recitals and the mutual promises of the partieshereincontained, it is agreedby andbetweenthe partiesasfollows:
1. " Confidential Information" as used in this Agreement shall include, but is not limited to, any andall technicalandnon -technical information, data, documents, records, andmaterialsprovided by or on behalf of the City to the Recipient, including without limitation patent, tradesecret, proprietary, and systemssecurity -relatedinformation andinformation relatedto the current, futureandproposedservicesof the City, in any form or medium including written, electronic, or oral. Confidential Information also includes other information that is marked or otherwiseidentified as confidential or proprietary, or that would otherwise appearto a reasonableperson to be confidential or proprietary in the context and circumstances in which the information is known or used. Confidential Information also includes any information orderedconfidentialpursuantto anylocal, state, or Federallaw, or orderedconfidentialby any Court of competent jurisdiction. Confidential Information shall not include public records subject to disclosure under the California Public Records Act, Government code section 6250 et seq.
2. The Recipient agrees that it will not make use of, disseminate, or in any way disclose the City' s Confidential Information to any person, firm or business, exceptas necessaryfor the Recipientto work with the City Information and Technology Department, and any purpose the City has authorized or hereafterauthorizesin writing. TheRecipientagreesthat it shalldiscloseConfidential Information only to those directors, officers, employees, agents, affiliates, advisors, representatives, or consultants who need to know such information for purposesof fulfilling Recipient's obligations to the City, and who have previously agreed, either asa condition to employmentor serviceto be boundby terms andconditionsof this Agreement.
3. The Recipient agreesto hold all Confidential Information of the City in the strictest confidence and treat it with the same degree of care as it accords to its own Confidential Information, and
DocuSign Envelope ID: B63DO41 F-7BA7- 4B8E- A02A- 54610F5CAE4D the Recipient represents and warrants that it exercises reasonable care to protect its own Confidential Information. Recipient shall not share or disclose any Confidential Information to any third party or cause suchConfidentialInformation to becomeaccessibleto the public without written consentfrom the I.T.
Director of the City.
4. This Agreement shall not apply to any of the following information: ( a) Information that wasin the public domainatthetime it wascommunicatedto theRecipientby theCity; (b) Information that enteredthe public domainsubsequentto thetime it wascommunicatedto the Recipientthroughno fault of the Recipient; (c) Information that was in the Recipient's possessionfree of any obligation of confidence at thetime it wascommunicatedto theRecipientby theCity (asshownby the Recipient'sfiles andrecords as of the time of disclosure); ( d) Information that was rightfully communicated to the Recipient by a third party freeof anyobligation of confidencesubsequentto thetime that it wascommunicatedto the Recipient bytheCity; (e) Informationthatwasdevelopedbyemployeesoragentsof theRecipientindependentlyof and without referenceto any information communicatedto the Recipientby the City; or (f) Information provided to Recipientin responseto a valid order by a court or other governmentalbody, was otherwise requiredbylaw, orwasnecessaryto establishtherightsof eitherpartyunderthisAgreement (providedthat the Recipienthas provided the City with a reasonableopportunity to seekprotective legal treatmentfor such Confidential Information). In any administrative or judicial proceeding where the City seeks enforcementof this Agreement, the Recipientshall bearthe burdenof proving any partsof this paragraph apply asa defenseto the disclosureof ConfidentialInformation.
5. All Confidential Information furnished to the Recipient by the City shall remain the propertyof theCity andshallbereturnedpromptlyuponrequest, togetherwith anycopiesthereof, or destroyed with the consent of the City.
6. The Recipient shall not assign or transfer any rights or obligations under this Agreement without the prior written consentof theCity.
7. Recipient's obligations underthis Agreementshall survive the termination of any other contractual agreement between the parties.
8. This Agreement shall be governed in all respectsby the laws of the United Statesof America andby the laws of the Stateof California. The solejurisdiction andvenuefor any disputearising underthis Agreementshall bethe SolanoCounty SuperiorCourt of California or the United StatedDistrict Court, EasternDistrict of California, andeachparty to this Agreementherebysubmitsto suchjurisdiction and venue.
9. This Agreementmay only be changedby mutual agreementof authorizedrepresentatives of the parties in writing.
10. The Recipient acknowledges and agreesthat irreparable injury may result to the City if the Recipientbreachestheprovisionsof this Agreementandthatdamagesmaybeaninadequateremedyin respectof suchbreach. The Recipientagreesin advancethat, in the eventof suchbreach, the City shall be entitledto thegrantingof injunctivereliefin theCity'sfavor, in additionto suchotherremedies, damages andrelief asmay beavailableunderapplicablelaw.
11. This Agreementshall not be construedin any mannerto be an obligation to enter into further contractor to reimbursethe costof any effort expendedby Recipient.
12. This agreementconstitutesthe entire agreementof the partieswith respectto the subject matterhereof. In the eventof a disputeor a claim by aparty to enforceits rights underthis Agreement, the non -prevailing party shall be entitled to reasonablelegal fees. This Agreementand all of the provisions hereofshall be binding uponand inure to the benefit of the partiesheretoandtheir respectivesuccessors, transferees and assignees.
DocuSign Envelope ID: B63D041F- 7BA7- 4B8E- A02A- 54610F5CAE4D
13. If any part of this Agreement is determined to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
14. The Parties may sign this Agreement in counterpart, and each individually signed Agreement when combined shall constitute one Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
RrE by, CITY OF FAI D
Charles Duncan'
Name: Name: David Gassaway
Title:
President & CEO
Title: Interim City Manager
11/ 17/ 2022 ' 0 a- 7' Date: Date: ,
DocuSign
Certificate Of Completion
Envelope Id: B63D041 F7BA74B8EA02A54610F5CAE4D Status: Completed Subject: Complete with DocuSign: Professional Services and None - Disclosure Agreements ( City of Fairfield) Source Envelope:
Document Pages: 31 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Lydia Park
AutoNav: Enabled 1000 Webster Street
Envelopeld Stamping: Enabled Community Development - Building Services Time Zone: ( UTC- 08: 00) Pacific Time ( US & Canada) Fairfield, CA 94533 1park@fairfield. ca. gov
IP Address: 64. 162. 152. 2
Record Tracking`; ,
Status: Original Holder: Lydia Park Location: DocuSign
11/ 15/ 2022 4: 32: 06 PM ( park@fairfield. ca. gov
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Fairfield Location: DocuSign Signer Events
Charles Duncan
cduncan@westyost. com
President & CEO
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Accepted: 11/ 17/ 2022 9: 16: 41 AM
ID: eb42e330- 2aae- 4e41- a552- e5b791a173c7
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Signature
Ioo
s, y ea ny.
04vd" D
Signature Adoption: Pre - selected Style
Using IP Address: 50. 228. 242. 114
Signed using mobile
Signature
Status
Status,.........
Timestamp
Sent: 11/ 15/ 2022 4: 38: 50 PM
Viewed: 11/ 17/ 2022 9: 16: 41 AM
Signed: 11/ 17/ 2022 9: 18: 11 AM
Timestamp
Timestamp
Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events us
Amy Kwong
akwong@westyost. com COPIED
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nigel Browne
COPIEDnbrowne@fairfield. ca. gov
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Timestamp
Sent: 11/ 15/ 2022 4: 38: 50 PM
Viewed: 11/ 15/ 2022 5: 30: 49 PM
Sent: 11/ 17/ 2022 9: 18: 13 AM
Viewed: 11/ 17/ 2022 9: 19: 45 AM
Witness Events Signature Timestamp
Notary Events Signature
Envelope Summary Events Status
Envelope Sent Hashed/ Encrypted
Certified Delivered Security Checked
Signing Complete Security Checked
Completed Security Checked
Payment Events Status
Electronic Record and Signature Disclosure
Timestamp
Timestamps
11/ 15/ 2022 4. 38: 50 PM
11/ 17/ 2022 9: 16: 41 AM
11/ 17/ 2022 9: 18: 11 AM
11 / 17/ 2022 9: 18: 13 AM
Timestamps
i. decline to sign a document from within your signing session, and on the subsequentpage, select the check -box indicating you wish to withdraw your consent, or you may; ii. sendus an email to jbertany@fairfield. ca.gov and in the body of such request you must state your email, full name, mailing address, andtelephonenumber. We donot needanyother information from you to withdraw consent.. The consequencesof 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: httys:// support.docusign.com/guides/sig er- ugide- signing- system- requirements.
Acknowledging your accessand consent to receive and sign documents electronically To confirm to us thatyou canaccessthis informationelectronically, 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 whereyou will be ableto print on paperor saveit for your futurereferenceandaccess. Further, if you consentto receivingnoticesanddisclosuresexclusivelyin electronicformat asdescribed herein, then select the check -box next to ` I agree to use electronic records and signatures' before clicking ` CONTINUE' within the DocuSign system.
By selectingthecheck -box nextto `I agreeto useelectronicrecordsandsignatures', you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You canprint onpaperthis ElectronicRecordand SignatureDisclosure, or saveor send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unlessyou notify City of Fairfield asdescribedabove, you consentto receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made availableto youby City of Fairfield duringthecourseof your relationshipwith City of Fairfield.
Electronic Record and Signature Disclosure created on: 2/ 3/ 2021 9: 06: 07 AM Parties agreed to: Charles Duncan
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 certainwritten noticesor disclosures. Describedbelow arethetermsandconditionsfor providing to you such notices and disclosures electronically through the DocuSign system.
Pleaseread the information below carefully and thoroughly, and if you can accessthis information electronicallyto your satisfactionandagreeto this ElectronicRecordandSignature Disclosure (ERSD), pleaseconfirm your agreementby selectingthecheck -box next to `I agreeto 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 electronicallyto you by us. You will havetheability to downloadandprint documentswe send to you throughtheDocuSignsystemduring andimmediatelyafterthesigningsessionand, if you electto createa DocuSignaccount, youmay accessthedocumentsfor a limited periodof time usually30days) after suchdocumentsarefast sentto you. After suchtime, if you wish for usto sendyou papercopiesof anysuchdocumentsfrom our office to you, you will bechargeda
0.00per -pagefee. You may requestdelivery of suchpapercopiesfrom us by following the procedure described below.
Withdrawing your consent
If you decideto receivenoticesanddisclosuresfrom us electronically, you may at anytime changeyour mind andtell us thatthereafteryou wantto receiverequirednoticesanddisclosures only in paperformat. How you mustinform usof your decisionto receivefuture noticesand disclosurein paperformat andwithdraw your consentto receivenoticesanddisclosures 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 speedat which we can complete certain stepsin transactions with you and delivering services to youbecausewe will needfirst to sendtherequirednoticesor disclosuresto you in paperformat, and then wait until we receive back from you your acknowledgment of your receipt of such papernoticesor disclosures. Further, you will no longerbeableto usetheDocuSignsystemto 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 Unless you tell us otherwise in accordancewith 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 sameaddress 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 agreewith this process, please let us know as described below. Pleasealso seethe paragraph immediately above that describes the consequencesof 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 messagesto: jbertany@fairfield. ca.gov To advise City of Fairfield of your new email address
To let us know of a change in your email addresswhere we should send notices and disclosures electronically to you, you must send an email messageto us at jbertany@fairfield. ca.gov 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 addressthrough 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 jbertany@fairfield. ca.gov and in the body of suchrequestyou muststateyour 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: