Agenda, first session — Fairfield City Council, March 21, 2023 (part 3 of 4)

47. A backflow preventor is required on the fire line. An above grade double check detector check valve is required on lines which serve building fire sprinklers.

Specify the manufacturer, size and location of the fire line backflow preventor.

Sewer System:

48. In accordance with the City of Fairfield Standard Specifications, developer shall only be allowed one public sewer service connection for the proposed project.

Developer shall install one sewer cleanout at the back-of-sidewalk, along the public sewer service lateral.

49. Proposed sewer services, within the public right-of-way, shall be constructed per current City Standard Details and Specifications.

50. Show the size and location of existing and proposed sewer laterals and cleanouts on the site plan. Show the size and location of sewer mains and the proposed points of connection for sewer laterals.

51. Developer shall connect proposed sewer utilities to existing public infrastructure per current City Standards and Specifications. Service laterals for industrial or commercial developments shall be minimum six (6) inches. Service laterals eight 8) inches or larger shall require connection to existing public infrastructure via a City Standard sewer manhole, per City Standard Detail SS2, and may require connection to on-site private infrastructure via a manhole, in-lieu of a cleanout.

52. Existing services that are to remain unused shall be abandoned per City requirements.

Storm Drain System:

53. Developer shall connect proposed storm drainage utilities to existing public infrastructure per current City Standards and Specifications. Direct connections to public infrastructure shall not be allowed and connections shall only be at existing or proposed storm drain structures.

54. Storm drainage for the 15-year storm shall be collected on-site and conveyed through storm drains to the public storm drain system. Show the size and location of existing and proposed storm drains and catch basins on the site plan. Show the size and location of public storm drain lines and the proposed points of connection for the on-site storm drain system.

55. Grading and drainage shall be designed so that surplus drainage ( above and beyond that of the 15-year storm) not collected in site catch basins, is directed overland so as not to jeopardize existing or proposed buildings with flooding.

Packet Page 640 of765Attachment6Page35 of 108 Packet Page 217 of 482Attachment 7 Page 35 of 56

Edison RV Storage – 490 Edison Court
July 14, 2021

Page 12 of 13 ends

Parking Lot:

56. Drive aisles shall be a minimum of 24 feet wide.

57. Separate vehicle turnaround exhibits, using the appropriate design vehicle, shall be submitted as part of the Development Review showing adequate maneuverability of service truck, garbage truck and emergency vehicle ingress from the public right-of- way and on-site circulation. Vehicle circulation conflicts shall be evaluated. Exhibits shall demonstrate:
adequate garbage truck access and turnaround maneuverability to proposed trash enclosures
service truck accessibility to delivery areas and vehicle staging areas shall be identified on the exhibit
fire engine accessibility to proposed fire hydrants and building entrances Separate exhibits shall be prepared for each vehicle demonstrating the layout of internal streets allows adequate maneuverability.

58. The pavement section for the proposed parking lot shall be designed by a Geotechnical Engineer. The Public Works Department requires a minimum of 2 inches of asphalt concrete on 6 inches of aggregate base for light traffic areas. A minimum of 3.5 inches of asphalt concrete on 8 inches of aggregate base is required in areas where truck traffic is anticipated.

59. Parking lot construction shall be certified by design consultants. The project Geotechnical Engineer shall certify that "as-built" pavement sections and site compaction comply with the project Geotechnical Report and Site Plans.

60. The developer shall furnish a parking lot lighting, signing and striping plan.

Landscaping:

61. The project architect and engineer shall coordinate design closely with the project landscape designer. Specifically, they shall consult the landscape designer to evaluate and address issues related to:

Fencing/wall layout and details
Locations and sizes for irrigation services
Locations, depths and sizes for irrigation and control wire sleeves at driveways crossings
Sight distance constraints for fencing and landscaping
Depth of cover and tree setbacks over water, sewer and storm drain lines in landscape areas

62. Landscaping and irrigation plans shall be designed to comply with the City's Water Efficient Landscaping Ordinance. Use of turf and other water intensive landscaping shall be minimized.

Right-of-Ways and Easements:

63. All property lines and easements shall be shown on the site plan.

Packet Page 641 of765Attachment6Page36 of 108 Packet Page 218 of 482Attachment 7 Page 36 of 56

Edison RV Storage – 490 Edison Court
July 14, 2021

Page 13 of 13 ends

Miscellaneous:

64. All public improvements shall be designed and constructed to current City of Fairfield standards.

65. Existing public facilities damaged during the course of construction shall be repaired by the developer, at his sole expense, to the satisfaction of the City Engineer.

66. Prior to beginning construction of public improvements, the developer or his contractor shall obtain an encroachment permit from the City. The developer or his contractor shall furnish the necessary insurance, bonds and pay all fees associated with the encroachment permit. A field investigation fee shall be charged if any work within the right-of-way is performed either without or prior to securing an encroachment permit.

Packet Page 642 of765Attachment6Page37 of 108 Packet Page 219 of 482Attachment 7 Page 37 of 56

MEMORANDUM

FAIRFIELD FIRE DEPARTMENT
DATE: May 12, 2021
TO: Anna Noel, Community Development Department
FROM: Bryan Just, Fire Department
SUBJECT: MD2021-011, 490 Edison Court, FD, DART Comment A. Provide a fire department access plan.

B. Provide a description of operation to show the cross access intent with 475 Lopes Road. Formal cross access agreement onland deeds is required. Include theutility easement identifying the fire water service for 475 Lopes.

GENERAL NOTES for Reference:

Note: Fire pumps, stationary water supply, underground fire service, overhead fire sprinkler systems, fire alarm systems and gates crossing fire access are required to have separate plans and permits. All hood suppression, special monitoring system, clean agent, high pile storage, or the like shall be submitted for separate permit. The licensed contractor responsible for the design and installation is required to submit plans directly to the fire department and make arrangements for all permits, inspections and tests.

1. Illuminated premises identification (building address) is required per 2019 CFC 505, and City of Fairfield Ordinance. Address and/or suite identification shall also be placed on the front and rear doors to individual suites. Multiple buildings in a complex with the same address shall identify the buildings separately with building signage visible from the main property entrance.

Packet Page 643 of765Attachment6Page38 of 108 Packet Page 220 of 482Attachment 7 Page 38 of 56

2 2. Fire Control Rooms are required in all commercial buildings with fire sprinklers per City of Fairfield Ordinance. A Fire control room containing the fire sprinkler riser and the fire alarm control panel shall be provided. Access to the fire control room shall be from the exterior and identified with signage. The fire control room shall be a minimum of 5’x7’. Where a fire pump house is provided, the pump house shall be the fire control room. Fire control rooms, pump house and electrical rooms must be identified by signage.

3. Emergency Access Knox Box required at the fire control room, near front entrance and/or other areas as determined by the Fire Department. See Fire Prevention Standard #87-7.

4. Approved 20 foot wide, fire access roads must be provided within 150 feet from all portions of the building. Where the building is greater than 30 feet in height, Fire Access shall be designed and maintained including widths of 26 feet for Aerial Apparatus (Ladder Truck). Access to rescue windows, balconies and the building roof shall be considered as part of mature landscape design. Access shall be per 2019 CFC 503, 504, and Appendix D and Fairfield Fire Prevention Standard 87-27.

Provide fire department access plans showing compliance.

5. Signage identifying fire lanes is required on curbing adjacent to the buildings, fire hydrants, and fire sprinkler equipment as needed to provide clear access. See Fire Prevention Standard #92-40.

6. Gates and fencing on commercial properties shall be in compliance with the 2019 CBC, City of Fairfield ordinances and Fire Prevention Standard 95-44. All gates on commercial properties crossing fire access lanes shall be power operated and provided with Click-2-Enter and Knox key switches for emergency operations. Gates shall be placed in such a way to allow fire department apparatus to fully exit the roadway before/while operating the gates.

7. The number of fire hydrants to be determined by fire flow requirements per CFC Appendix B and C. If additional hydrants are necessary, they must be installed per Fire Prevention Standard #87-4. Additional hydrant(s) may be required to support the fire sprinkler system. Two city water connections are required when three on site hydrants are required. City hydrants shall be identified and used to meet the hydrant counts when possible.

8. Automatic sprinkler systems will be required for the proposed new buildings as specified in Section 903.2 of the California Fire Code and the City of Fairfield Ordinance 2016-24 and Fairfield Fire Prevention Standard 87-28. All commercial buildings greater than 5,000 square feet, and all new residential buildings shall install fire sprinkler systems. Installations shall comply with the National Fire Code Standards 13, 13D and 24 as applicable. Plans shall be submitted to the Fire Department directly for review and approval prior to issuance of any permits and Packet Page 644 of765Attachment6Page39 of 108 Packet Page 221 of 482Attachment 7 Page 39 of 56

3 performance of any inspections or tests. Fire flow report from the fire department is required for hydraulic calculation.

9. All fire alarm systems shall be provided in compliance with 2019 CFC, 2019 NFPA 72 Fairfield City Ordinance and Fairfield Fire Prevention Standard 17-3. All fire alarm systems shall be supervised by an approved UL central station service. Monitoring systems shall conform to NFC Standards 70, NFPA 72 and the California Fire Code.

The subcontractor responsible for the installation is required to submit plans directly to the fire department and make arrangements for all permits, inspections and tests.

10. Provide Emergency Responder Radio Coverage per 2019 CFC section 510.

11. Provide one 2A-10-BC dry chemical fire extinguisher for every 3,000 square feet of floor area with a maximum travel distance not to exceed 75 feet.

12. Exterior storage is not permitted within 10 feet of a commercial building or 10 feet of the property line. Use of a commercial property for outdoor storage shall request a use permit from the city planning department.

13. Identify the use or storage of hazardous, toxic, flammable or corrosive materials on site that may require special construction or protection systems. Annual fire permits are applied to businesses containing materials or performing operations identified as having an increased hazard. Permits conform to 2019 CFC, City of Fairfield Ordinances, and Fairfield Fire Prevention Standards.

14. Comments made during the D.A.R.T and planning review process are preliminary in nature. Detailed comments may be made during the building permit and fire permit process.

END]
Packet Page 645 of765Attachment6Page40 of 108 Packet Page 222 of 482Attachment 7 Page 40 of 56

Yocha Dehe WintunNation
PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org Treatment Protocol for Handling Human Remains and Cultural Items Affiliated with the Yocha Dehe Wintun Nation
The purpose of this Protocol is to formalize procedures for the treatment of Native American human remains, grave goods, ceremonial items, and items of cultural patrimony, in the event that any are found in conjunction with development, including archaeological studies, excavation, geotechnical investigations, grading, and any ground disturbing activity. This Protocol also formalizes procedures for Tribal monitoring during archaeological studies, grading, and ground-disturbing activities.

I. Cultural Affiliation
The Yocha Dehe Wintun Nation (“Tribe”) traditionally occupied lands in Yolo, Solano, Lake, Colusa and Napa Counties. The Tribe has designated its Cultural Resources Committee Committee”) to act on the Tribe's behalf with respect to the provisions of this Protocol. Any human remains which are found in conjunction with Projects on lands culturally-affiliated with the Tribe shall be treated in accordance with Section III of this Protocol. Any other cultural resources shall be treated in accordance with Section IV of this Protocol.

II. Inadvertent Discovery of Native American Human Remains Whenever Native American human remains are found during the course of a Project, the determination of Most Likely Descendant (“MLD”) under California Public Resources Code Section 5097.98 will be made by the Native American Heritage Commission (“NAHC”) upon notification to the NAHC of the discovery of said remains at a Project site. If the location of the site and the history and prehistory of the area is culturally-affiliated with the Tribe, the NAHC contacts the Tribe; a Tribal member will be designated by the Tribe to consult with the landowner and/or project proponents.

Should the NAHC determine that a member of an Indian tribe other than Yocha Dehe Wintun Nation is the MLD, and the Tribe is in agreement with this determination, the terms of this Protocol relating to the treatment of such Native American human remains shall not be applicable; however, that situation is very unlikely.

III. Treatment of Native American Remains
In the event that Native American human remains are found during development of a Project and the Tribe or a member of the Tribe is determined to be MLD pursuant to Section II of this Protocol, the following provisions shall apply. The Medical Examiner shall immediately be notified, ground disturbing activities in that location shall cease and the Tribe shall be allowed, pursuant to California Public Resources Code Section 5097.98(a), to (1) inspect the site Packet Page 646 of765Attachment6Page41 of 108 Packet Page 223 of 482Attachment 7 Page 41 of 56

Yocha Dehe WintunNation
PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org of the discovery and (2) make determinations as to how the human remains and grave goods should be treated and disposed of with appropriate dignity.

The Tribe shall complete its inspection and make its MLD recommendation within forty- eight (48) hours of getting access to the site. The Tribe shall have the final determination as to the disposition and treatment of human remains and grave goods. Said determination may include avoidance of the human remains, reburial on-site, or reburial on tribal or other lands that will not be disturbed in the future.

The Tribe may wish to rebury said human remains and grave goods or ceremonial and cultural items on or near the site of their discovery, in an area which will not be subject to future disturbances over a prolonged period of time. Reburial of human remains shall be accomplished in compliance with the California Public Resources Code Sections 5097.98(a) and (b).

The term "human remains" encompasses more than human bones because the Tribe’s traditions call for the burial of associated cultural items with the deceased (funerary objects), and/or the ceremonial burning of Native American human remains, funerary objects, grave goods and animals. Ashes, soils and other remnants of these burning ceremonies, as well as associated funerary objects and unassociated funerary objects buried with or found near the Native American remains are to be treated in the same manner as bones or bone fragments that remain intact.

IV. Non-Disclosure of Location of Reburials
Unless otherwise required by law, the site of any reburial of Native American human remains shall not be disclosed and will not be governed by public disclosure requirements of the California Public Records Act, Cal. Govt. Code § 6250 et seq. The Medical Examiner shall withhold public disclosure of information related to such reburial pursuant to the specific exemption set forth in California Government Code Section 6254(r). The Tribe will require that the location for reburial is recorded with the California Historic Resources Inventory System CHRIS”) on a form that is acceptable to the CHRIS center. The Tribe may also suggest that the landowner enter into an agreement regarding the confidentiality of site information that will run with title on the property.

V. Treatment of Cultural Resources
Treatment of all cultural items, including ceremonial items and archeological items will reflect the religious beliefs, customs, and practices of the Tribe. All cultural items, including ceremonial items and archeological items, which may be found at a Project site should be turned over to the Tribe for appropriate treatment, unless otherwise ordered by a court or agency of competent jurisdiction. The Project Proponent should waive any and all claims to ownership of Packet Page 647 of765Attachment6Page42 of 108 Packet Page 224 of 482Attachment 7 Page 42 of 56

Yocha Dehe WintunNation
PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org Tribal ceremonial and cultural items, including archeological items, which may be found on a Project site in favor of the Tribe. If any intermediary, (for example, an archaeologist retained by the Project Proponent) is necessary, said entity or individual shall not possess those items for longer than is reasonably necessary, as determined solely by the Tribe.

VI. Inadvertent Discoveries
If additional significant sites or sites not identified as significant in a Project environmental review process, but later determined to be significant, are located within a Project impact area, such sites will be subjected to further archeological and cultural significance evaluation by the Project Proponent, the Lead Agency, and the Tribe to determine if additional mitigation measures are necessary to treat sites in a culturally appropriate manner consistent with CEQA requirements for mitigation of impacts to cultural resources. If there are human remains present that have been identified as Native American, all work will cease for a period of up to 30 days in accordance with Federal Law.

VIII. Work Statement for Tribal Monitors
The description of work for Tribal monitors of the grading and ground disturbing operations at the development site is attached hereto as Addendum I and incorporated herein by reference.

Packet Page 648 of765Attachment6Page43 of 108 Packet Page 225 of 482Attachment 7 Page 43 of 56

Yocha Dehe WintunNation
PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org

ADDENDUM I
Yocha Dehe Wintun Nation
Tribal Monitors
Description of Work and Treatment Protocol
I. Preferred Treatment
The preferred protocol upon the discovery of Native American human remains is to (1) secure the area, (2) cover any exposed human remains or other cultural items, and (3) avoid further disturbances in the area.

II. Comportment
All parties to the action are strongly advised to treat the remains with appropriate dignity, as provided in Public Resource Code Section 5097.98. We further recommend that all parties to the action treat tribal representatives and the event itself with appropriate respect. For example, jokes and antics pertaining to the remains or other inappropriate behavior are ill advised.

III. Excavation Methods
If, after the Yocha Dehe Tribal representative has been granted access to the site and it is determined that avoidance is not feasible, an examination of the human remains will be conducted to confirm they are human and to determine the position, posture, and orientation of the remains. At this point, we recommend the following procedures:

A) Tools. All excavation in the vicinity of the human remains will be conducted using fine hand tools and fine brushes to sweep loose dirt free from the exposure.

B) Extent of Exposure. In order to determine the nature and extent of the grave and its contents, controlled excavation should extend to a full buffer zone around the perimeter of the remains.

C) Perimeter Balk. To initiate the exposure, a perimeter balk (especially, a shallow trench) should be excavated, representing a reasonable buffer a minimum of 10 cm around the maximum extent of the known skeletal remains, with attention to counter- intuitive discoveries or unanticipated finds relating to this or other remains. The dirt from the perimeter balk should be bucketed, distinctly labeled, and screened for cultural materials.

D) Exposure Methods. Excavation should then proceed inward from the walls of the balk as well as downward from the surface of the exposure. Loose dirt should be scooped out and brushed off into a dustpan or other collective device. Considerable care should be Packet Page 649 of765Attachment6Page44 of 108 Packet Page 226 of 482Attachment 7 Page 44 of 56

Yocha Dehe WintunNation
PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org given to ensure that human remains are not further impacted by the process of excavation.

E) Provenience. Buckets, collection bags, notes, and tags should be fully labeled per provenience, and a distinction should be made between samples collected from: (1) Perimeter Balk (described above), (2) Exposure (dirt removed in exposing the exterior/burial plan and associations, and (3) Matrix (dirt from the interstices between bones or associations). Thus, each burial may have three bags, “Burial 1 Perimeter Balk,” Burial 1 Exposure Balk,” “Burial 1 Matrix.”
Please note the provisions below with respect to handling and conveyance of records and samples.

F) Records. The following records should be compiled in the field: (1) a detailed scale drawing of the burial, including the provenience of and full for all human remains, associated artifacts, and the configuration of all associated phenomena such as burial pits, evidence for preinterment grave pit burning, soil variability, and intrusive disturbance, (2) complete a formal burial record using the consultants proprietary form or other standard form providing information on site #, unit or other proveniences, level depth, depth and location of the burial from a fixed datum, workers, date(s), artifact list, skeletal inventory, and other pertinent observations, (3) crew chief and worker field notes that may supplement or supercede information contained in the burial recording form, and (4) photographs, including either or standard photography or high-quality (400-500 DPI or 10 MP recommended) digital imaging.

G) Stipulations for Acquisition and Use of Imagery. Photographs and images may be used only for showing location or configuration of questionable formation or for the position of the skeleton. They are not to be duplicated for publication unless a written release is obtained from the Tribe.

H) Association. Association between the remains and other cultural materials should be determined in the field in consultation with an authorized Tribal representative, and may be amended per laboratory findings. Records of provenience and sample labels should be adequate to determine association or degree of likelihood of association of human remains and other cultural materials.

I) Samples. For each burial, all Perimeter Balk soil is to be 1/8”-screened. All Exposure soil is to be 1/8”-screened, and a minimum of one 5-gallon bucket of excavated but unscreened Exposure soil is to be collected, placed in a plastic garbage bag in the bucket. All Matrix soil is to be carefully excavated, screened as appropriate, and then collected in plastic bags placed in 5-gallon buckets.

Packet Page 650 of765Attachment6Page45 of 108 Packet Page 227 of 482Attachment 7 Page 45 of 56

Yocha Dehe WintunNation
PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org J) Human remains are not to be cleaned in the field.

K) Blessings. Prior to any physical action related to human remains, a designated tribal representative will conduct prayers and blessings over the remains. The archaeological consultant will be responsible for insuring that individuals and tools involved in the action are available for traditional blessings and prayers, as necessary.

IV. Lab Procedures
No laboratory studies are permitted without consultation with the tribe. Lab methods are determined on a project-specific basis in consultation with Yocha Dehe Wintun Nation representatives. The following procedures are recommended:

A) Responsibility. The primary archaeological consultant will be responsible for insuring that all lab procedures follow stipulations made by the Tribe.

B) Blessings. Prior to any laboratory activities related to the remains, a designated tribal representative will conduct prayers and blessings over the remains. The archaeological consultant will be responsible for insuring that individuals and tools involved in the action are available for traditional blessings and prayers, as necessary.

C) Physical Proximity of Associations. To the extent possible, all remains, associations, samples, and original records are to be kept together throughout the laboratory process. In particular, Matrix dirt is to be kept in buckets and will accompany the remains to the lab.

The primary archaeological consultant will be responsible for copying all field records and images, and insuring that the original notes and records accompany the remains throughout the process.

E) Additional Lab Finds. Laboratory study should be done making every effort to identify unanticipated finds or materials missed in the field, such as objects encased in dirt or human remains misidentified as faunal remains in the field. In the event of discovery of additional remains, materials, and other associations the tribal representatives are to be contacted immediately.

V. Re-internment without Further Disturbance
No laboratory studies are permitted on human remains and funerary objects. The preferred treatment preference for exhumed Native American human remains is reburial in an area not subject to further disturbance. Any objects associated with remains will be reinterred with the remains.

Packet Page 651 of765Attachment6Page46 of 108 Packet Page 228 of 482Attachment 7 Page 46 of 56

Yocha Dehe WintunNation
PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org VI. Curation of Recovered Materials
Should all, or a sample, of any archaeological materials collected during the data recovery activities – with the exception of Human Remains – need to be curated, an inventory and location information of the curation facility shall be given to tribe for our records.

Packet Page 652 of765Attachment6Page47 of 108 Packet Page 229 of 482Attachment 7 Page 47 of 56

EXHIBIT B

CITY HALL, CIVIC CENTER
1000 WEBSTER ST
FAIRFIELD, CA 94533

USE PERMIT
2021-002
STORAGEPRO OF FAIRFIELD, LLC is hereby granted a Use Permit (UP2021-002) to allow the establishment of Recreational Vehicle Storage in the Limited Industrial (IL) Zoning District on the property at 490 Edison Court, Fairfield (APN: 0180-130-110) under the provisions of Section

25.40.6 of the Zoning Ordinance.

The following findings meet the requirements of Section 25.40.6 of the Zoning Ordinance for the grant of Use Permit:

1. The location, size, design, operating characteristics, and intensity of the proposed use are compatible with the existingand anticipated future land uses in the vicinity. The proposed vehicle storage is appropriate for the IL zoning designation and will operate in tandem with the adjacent mini-storage facility.

2. The proposed use is consistent with the General Plan and Zoning Ordinance, and any applicable Areawide or Specific Plan. The use is consistent with the applicable General Plan and Zoning designations and all applicable General Plan policies.

3. Any potentially significant negative impacts on environmental quality and natural resources have been properly mitigated. For this reason, the proposed Conditional Use Permit complies with the California Environmental Quality Act (CEQA). The proposed project has been determined to be categorically exempt under CEQA Guidelines Section 15332. In-fill development projects, pursuant to Section 21083, Public Resources Code.

4. Adequate facilities, such as roads, utilities, and City services are provided to serve the user, or will be provided as conditions of approval for the Use Permit. All infrastructure and utilities exist for available connection in Edison Court.

5. The proposed use willnot create either animbalance or anoverabundance of similar uses in the vicinity. The proposed use will not create an overabundance of similar recreational vehicle storage uses in the vicinity.

6. The proposal will not constitute anuisance or be detrimental to the health, safety, morals, peace, or the general welfare of the surrounding neighborhood and the City. The conditions and limitations on the use identified in the Conditions of the Use Permit will ensure that the use does not bear an adverse effect on the surrounding neighborhood.

The proposed use will not create a nuisance or negatively impact the surrounding area.

Operational and property maintenance conditions have been incorporated into the Use Permit to ensure the project will not bear adverse impacts.

Packet Page 653 of765Attachment6Page48 of 108 Packet Page 230 of 482Attachment 7 Page 48 of 56

This grant is made pursuant to the application of STORAGEPRO OF FAIRFIELD, LLC on file in the Department of Community Development, and is subject to compliance with the following conditions:

1. Operation of the Recreational Vehicle Storage shall be substantially in accord with the petition for Use Permit and plans titled, “Edison RV Boat Storage,” as prepared by Stark Design Architecture dated "Received, August 11, 2021" except as modified by conditions stated herein; and

2. The site shall be diligently maintained. Any loose trash or debris shall be removed from the site daily; and

3. Recreational vehicle parking shall only be for storage purposes. Vehicle sales or maintenance of any kind shall not be permitted; and

4. Recreational vehicles stored on site shall be in an operable condition; and

5. Recreational vehicles may not release hazardous materials onto the site; and

6. Compliance with the IL (Limited Industrial) zoning provisions that are applicable to this site; and

7. Compliance with the conditions of the Public Works Department as contained in the attached Memorandum dated June 29, 2022; and

8. Compliance with the conditions of the Fire Department as contained in the attached Memorandum dated May 12, 2021; and

9. Operation of the use shall be in compliance with all State and City Codes; and

10. The Use permit shall be obtained and shall be continually exercised in such a manner that the following conditions are fully complied with:
a. The Use Permit was obtained without fraud or misrepresentation; and b. The Use Permit has been exercised by the person(s) granted the Use Permit or his representative, successors, or assignees, in compliance with the conditions of approval, and in accordance with any statute, ordinance, law, or regulation not excused by the Permit; and
Packet Page 654 of765Attachment6Page49 of 108 Packet Page 231 of 482Attachment 7 Page 49 of 56

c. The Use Permit is being or has been exercised in a manner which is not to be detrimental to the public health, safety, and general welfare or so as not to constitute a nuisance.

11. STORAGEPRO OF FAIRFIELD, LLC, and property owner(s), and their successors in interest, shall indemnify, defend and hold harmless the City, its officials, officers, agents, and employees (collectively " Indemnitees") from and against any and all claims, actions, lawsuits, damages, losses, and liabilities arising or resulting fromthe granting of this permit by the City, the performance of the use authorized by this permit or the exercise of the rights granted by this permit. This indemnification obligation shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the Indemnitees in connection with any such claims, actions, or lawsuits, any expert fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such claim, action or lawsuit. The City shall promptly notify STORAGEPRO OF FAIRFIELD, LLC and property owners of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. In the event such legal action is filed, the City shall estimate its expenses for litigation. STORAGEPRO OF FAIRFIELD, LLC, or property owners shall deposit such amount with the City or enter into an agreement with the City to pay such expenses as they become due.

STORAGEPRO OF FAIRFIELD, LLC and property owners shall reimburse the City and each of the Indemnitees for any and all legal expenses and costs incurred by it in enforcing the indemnity herein provided.

Approved by the action of the City of Fairfield on the 1st day of August, 2022 (the effective date of permit).

The Use Permit is automatically revoked and terminated unless used within twenty-four (24) months from the date of approval.

DAVID FEINSTEIN
Planning Division Manager
c: Chief Building Official, Building Safety Division
County Assessor
Packet Page 655 of765Attachment6Page50 of 108 Packet Page 232 of 482Attachment 7 Page 50 of 56

Packet Page 233 of 482Attachment 7 Page 51 of 56

Packet Page 234 of 482Attachment 7 Page 52 of 56

EXHIBIT E
Packet Page 658 of765Attachment6Page53 of 108 Packet Page 235 of 482Attachment 7 Page 53 of 56

Packet Page 236 of 482Attachment 7 Page 54 of 56

Legend
Agriculture
AI Intensive
AE Extensive
Open Space
OSR Recreation
OSC Conservation
Residential
RVL Very Low Density
RL Low Density
RLM Low-Medium Density
RLM-C Low-Medium Density
Cap)
RM Medium Density
RM-C Medium Density (Cap)
RH High Density
RVH Very High Density
Commercial
CN Neighborhood
CC Community/CBD
CS Service
CHR Highway & Regional
CO Office
Industrial
IL Limited
IG General
IBP Business & Industrial
Park
Other
PF Public Facilities
MU Mixed Use
Phasing/
Special Study Area
Suisun Marsh
Protection Boundary
Urban Limit Line
Boundary between
Phasing Areas D & E
Scale: N.T.S.

General Plan Land Use Exhibit
City of Fairfield
Community Development Department NORTH
SITE

ATTACHMENT A
Packet Page 708 of765Attachment6Page103of108Packet Page 237 of 482Attachment 7 Page 55 of 56

OSC
I 680LOPES RDRAMSEY

RDFERMI D

R FULTON DR W

CORDELIAR
D
DI
T
T
M
E
R R D

PASCAL CT CORDELIA R D

BRIDGEPO
R
T
A
V
EDISON
CTI
680IL
IL
IL
IBP
PF
CS IL)
OSC
IL)
CR
CO
LEGEND
Zone
Designations
AG
CC
CD
CDC
CM
CN
CO
CR
CS
CT
IBP
IG
IL
ITP
OSC
PF
REC
RVL
RL
RLM
RM
RH
RVH
None Overlays
NC PD
P1 H Agriculture
Community Commercial
Downtown Commercial
Downtown Commercial
Core Mixed
Commercial Neighborhood
Commercial Office
Commercial Regional Commercial
Service Commercial
Thoroughfare Commercial
Industrial Business Park
General Industrial Limited
Industrial Industrial
Technology
Park Open Space Conservation
Public Facilities Recreation
Very Low Density Residential
Low Density Residential
Low-Medium Density
Residential Medium Density Residential
High Density Residential Very High Density
Residential Not in
City / No Pre-
Zoning North Cordelia
Overlay Proposed
Development Overlay
Downtown
Parking
OverlayHillsideOverlayProjectSite
Parcels Zoning ZONING EXHIBITEdison RV Storage Appeal(MD2021- 011)(UP2021-
002)(ER2021-009)(APP2022-001)ATTACHMENT B Packet Page 709 Packet Page 238 of 482Attachment 7 Page 56 of 56

Packet Page 239 of 482Attachment 8 Page 1 of 8

Packet Page 240 of 482Attachment 8 Page 2 of 8

Packet Page 241 of 482Attachment 8 Page 3 of 8

Packet Page 242 of 482Attachment 8 Page 4 of 8

Packet Page 243 of 482Attachment 8 Page 5 of 8

Packet Page 244 of 482Attachment 8 Page 6 of 8

Packet Page 245 of 482Attachment 8 Page 7 of 8

Packet Page 246 of 482Attachment 8 Page 8 of 8

Packet Page 662 of765Attachment6Page57 of 108 Packet Page 247 of 482Attachment 9 Page 1 of 37

Packet Page 663 of765Attachment6Page58 of 108 Packet Page 248 of 482Attachment 9 Page 2 of 37

Packet Page 664 of765Attachment6Page59 of 108 Packet Page 249 of 482Attachment 9 Page 3 of 37

Packet Page 665 of765Attachment6Page60 of 108 Packet Page 250 of 482Attachment 9 Page 4 of 37

Packet Page 666 of765Attachment6Page61 of 108 Packet Page 251 of 482Attachment 9 Page 5 of 37

Packet Page 667 of765Attachment6Page62 of 108 Packet Page 252 of 482Attachment 9 Page 6 of 37

Packet Page 668 of765Attachment6Page63 of 108 Packet Page 253 of 482Attachment 9 Page 7 of 37

Packet Page 669 of765Attachment6Page64 of 108 Packet Page 254 of 482Attachment 9 Page 8 of 37

Packet Page 670 of765Attachment6Page65 of 108 Packet Page 255 of 482Attachment 9 Page 9 of 37

Packet Page 671 of765Attachment6Page66 of 108 Packet Page 256 of 482Attachment 9 Page 10 of 37

Packet Page 672 of765Attachment6Page67 of 108 Packet Page 257 of 482Attachment 9 Page 11 of 37

Packet Page 673 of765Attachment6Page68 of 108 Packet Page 258 of 482Attachment 9 Page 12 of 37

Packet Page 674 of765Attachment6Page69 of 108 Packet Page 259 of 482Attachment 9 Page 13 of 37

Packet Page 675 of765Attachment6Page70 of 108 Packet Page 260 of 482Attachment 9 Page 14 of 37

Packet Page 676 of765Attachment6Page71 of 108 Packet Page 261 of 482Attachment 9 Page 15 of 37

Packet Page 677 of765Attachment6Page72 of 108 Packet Page 262 of 482Attachment 9 Page 16 of 37

Packet Page 678 of765Attachment6Page73 of 108 Packet Page 263 of 482Attachment 9 Page 17 of 37

Packet Page 679 of765Attachment6Page74 of 108 Packet Page 264 of 482Attachment 9 Page 18 of 37

Packet Page 680 of765Attachment6Page75 of 108 Packet Page 265 of 482Attachment 9 Page 19 of 37

Packet Page 681 of765Attachment6Page76 of 108 Packet Page 266 of 482Attachment 9 Page 20 of 37

Packet Page 682 of765Attachment6Page77 of 108 Packet Page 267 of 482Attachment 9 Page 21 of 37

Packet Page 683 of765Attachment6Page78 of 108 Packet Page 268 of 482Attachment 9 Page 22 of 37

Packet Page 684 of765Attachment6Page79 of 108 Packet Page 269 of 482Attachment 9 Page 23 of 37

Packet Page 685 of765Attachment6Page80 of 108 Packet Page 270 of 482Attachment 9 Page 24 of 37

Packet Page 686 of765Attachment6Page81 of 108 Packet Page 271 of 482Attachment 9 Page 25 of 37

Packet Page 687 of765Attachment6Page82 of 108 Packet Page 272 of 482Attachment 9 Page 26 of 37

Packet Page 688 of765Attachment6Page83 of 108 Packet Page 273 of 482Attachment 9 Page 27 of 37

Packet Page 689 of765Attachment6Page84 of 108 Packet Page 274 of 482Attachment 9 Page 28 of 37

Packet Page 690 of765Attachment6Page85 of 108 Packet Page 275 of 482Attachment 9 Page 29 of 37

Packet Page 691 of765Attachment6Page86 of 108 Packet Page 276 of 482Attachment 9 Page 30 of 37

Packet Page 692 of765Attachment6Page87 of 108 Packet Page 277 of 482Attachment 9 Page 31 of 37

Packet Page 693 of765Attachment6Page88 of 108 Packet Page 278 of 482Attachment 9 Page 32 of 37

Packet Page 694 of765Attachment6Page89 of 108 Packet Page 279 of 482Attachment 9 Page 33 of 37

Packet Page 695 of765Attachment6Page90 of 108 Packet Page 280 of 482Attachment 9 Page 34 of 37

Packet Page 696 of765Attachment6Page91 of 108 Packet Page 281 of 482Attachment 9 Page 35 of 37

Packet Page 697 of765Attachment6Page92 of 108 Packet Page 282 of 482Attachment 9 Page 36 of 37

Packet Page 698 of765Attachment6Page93 of 108 Packet Page 283 of 482Attachment 9 Page 37 of 37

Packet Page 284 of 482Attachment 10 Page 1 of 1

EXHIBIT D
Packet Page 604 of765Attachment5Page1 of 2 Packet Page 285 of 482Attachment 11 Page 1 of 2

Packet Page 286 of 482Attachment 11 Page 2 of 2

Packet Page 660 of765Attachment6Page55 of 108 Packet Page 287 of 482Attachment 12 Page 1 of 2

Packet Page 661 of765Attachment6Page56 of 108 Packet Page 288 of 482Attachment 12 Page 2 of 2

Agenda Item No: 7.

AGENDA REPORT
DATE:March 21, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202348 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Updated Professional Services Agreements Between the City of Fairfield and the Following Plan Review and Inspection Consulting Firms: Bureau Veritas North America, CSG Consultants, Interwest, Shums Coda, 4 Leaf, and TRB + Associates
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Challenges in finding qualified staffing, maintaining consistent plan review turnaround times, and needing to be flexible with increases in work demand and staffing fluctuations will be difficult to maintain without increases in existing contracts to renew annually.

DISCUSSION
The Building Safety Division (Division) has a heavy workload and has found difficulties in hiring qualified plan review and inspection staff. This has forced a large percentage of plan reviews and some inspections to be performed by consultants.

Early last year, the division anticipated potential workload and staffing shortages. As a result, they put forth resolution 202211 for authorization to increase some of the contracts to $250,000 over a fiveyear term for
asneeded plan review and inspection services.

Currently, the Division has four vacant funded positions and is in the process of recruiting for plan check engineer, permit tech, and inspector positions. The current climate and job market have made it challenging to find qualified staff. As a result, the Division has had to utilize some of the consulting firms more than anticipated to maintain services.

The prolonged need for consultant services is approaching contract maximums for a couple of firms. In a proactive effort to ensure the division maintains the flexibility to cover staffing gaps, new contracts are being proposed. The new contracts will be the same amounts ($250,000) however, it is proposed that Packet Page 289 of 482

This has become necessary, as like the Division, consulting firms are challenged with finding and hiring qualified staffing. As a result, some firms do not have needed resources when the Division has a need.

This results in the higher usage of firms that do have resources and the need to have contracts renewed annually.

FINANCIAL IMPACT
Each contract shall automatically renew every year from the date of signing by the city manager and will expire after five years at the end of the fifth year’s term in 2028. Each contract will not exceed $250,000 annually, without an amendment and City Council approval. The total combined expenditures or services from all consultants shall not result in an amount that would exceed the Division’s annual budget for contract services without prior authorization for necessary budget adjustments.

With current vacant positions, it is anticipated that plan review services could reach approximately $200,000 to $250,000 per year (Fund 101,Organization Code 45400, Project Code 7005). These expenditures are fully recovered by plan review fees collected from the applicant. Inspection services could reach $300,000 per year. These expenses for inspection services are offset by collected inspection fees and vacant position salary savings. (Fund 101, Organization Code 45200, Project Code 8911).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to adopt the resolution thereby limiting contract expenditures to $250,000 total per contract per year until 2026 which would result in drastically reduced services.

STAFF CONTACT
Jeff Thomas, Chief Building Official
(707) 4287442
[email protected]
COORDINATED WITH
City Attorney's Office& Risk Management
ATTACHMENTS:

Description
Proposed Resolution
Exhibit A: Bureau Veritas North America
Exhibit B: CSG Consultants
Exhibit C: Interwest
Exhibit D: Shums Coda
Exhibit E: 4 Leaf
Exhibit F: TRB + Associates
REVIEWERS:

Reviewer Action Date
Packet Page 290 of 482

Agenda Item No: 7.AGENDA REPORTDATE:March 21, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202348 of the City Council of the City of Fairfield Authorizing the CityManager to Execute Updated Professional Services Agreements Between the City ofFairfield and the Following Plan Review and Inspection Consulting Firms: BureauVeritas North America, CSG Consultants, Interwest, Shums Coda, 4 Leaf, and TRB +AssociatesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEChallenges in finding qualified staffing, maintaining consistent plan review turnaround times, andneeding to be flexible with increases in work demand and staffing fluctuations will be difficult to maintainwithout increases in existing contracts to renew annually.DISCUSSIONThe Building Safety Division (Division) has a heavy workload and has found difficulties in hiringqualified plan review and inspection staff. This has forced a large percentage of plan reviews and someinspections to be performed by consultants. Early last year, the division anticipated potential workload and staffing shortages. As a result, they putforth resolution 202211 for authorization to increase some of the contracts to $250,000 over a fiveyearterm forasneeded plan review and inspection services. Currently, the Division has four vacant funded positions and is in the process of recruiting for plan checkengineer, permit tech, and inspector positions. The current climate and job market have made itchallenging to find qualified staff. As a result, the Division has had to utilize some of the consulting firmsmore than anticipated to maintain services.The prolonged need for consultant services is approaching contract maximums for a couple of firms. Ina proactive effort to ensure the division maintains the flexibility to cover staffing gaps, new contracts arebeing proposed. The new contracts will be the same amounts ($250,000) however, it is proposed thatthey renew annually. This has become necessary, as like the Division, consulting firms are challenged with finding and hiringqualified staffing. As a result, some firms do not have needed resources when the Division has a need.This results in the higher usage of firms that do have resources and the need to have contracts renewedannually.FINANCIAL IMPACTEach contract shall automatically renew every year from the date of signing by the city manager and willexpire after five years at the end of the fifth year’s term in 2028. Each contract will not exceed $250,000annually, without an amendment and City Council approval. The total combined expenditures orservices from all consultants shall not result in an amount that would exceed the Division’s annualbudget for contract services without prior authorization for necessary budget adjustments.With current vacant positions, it is anticipated that plan review services could reach approximately$200,000 to $250,000 per year (Fund 101,Organization Code 45400, Project Code 7005). Theseexpenditures are fully recovered by plan review fees collected from the applicant. Inspection servicescould reach $300,000 per year. These expenses for inspection services are offset by collectedinspection fees and vacant position salary savings. (Fund 101, Organization Code 45200, ProjectCode 8911).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to adopt the resolution thereby limiting contract expenditures to $250,000total per contract per year until 2026 which would result in drastically reduced services.STAFF CONTACTJeff Thomas, Chief Building Official(707) 428[email protected] COORDINATED WITHCity Attorney's Office& Risk ManagementATTACHMENTS:DescriptionProposed ResolutionExhibit A: Bureau Veritas North AmericaExhibit B: CSG ConsultantsExhibit C: InterwestExhibit D: Shums CodaExhibit E: 4 LeafExhibit F: TRB + Associates REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 3/9/2023 9:36 AM
Packet Page 291 of 482

CITY OF FAIRFIELD

RESOLUTION NO. 2023-48

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

MANAGER TO EXECUTE UPDATED PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF FAIRFIELD AND THE FOLLOWING PLAN REVIEW AND INSPECTION CONSULTING FIRMS:

BUREAU VERITAS NORTH AMERICA, CSG CONSULTANTS, INTERWEST, SHUMS CODA, 4 LEAF, AND TRB + ASSOCIATES

WHEREAS, in February 2021, the Building Safety Division (Division) put forth a Request for Qualifications (RFQ) to procure firms for as-needed plan review and or inspection services; and

WHEREAS, during the months of July and August 2021 , six firms were awarded five-year as-needed service contracts for up to $100,000; and

WHEREAS, staffing shortages have caused the need to utilize consultant services at a much higher rate than anticipated; and

WHEREAS, In January 2022, some of the consultant service contracts were updated to allow new contract amounts not to exceed $250,000 over five years; and

WHEREAS, the Division and the private consulting industry have continued to experience staffing shortages and resource availability. As a result of available resources and the Division’s needs, some consultants have been utilized more heavily and are approaching the $250,000 not-to- exceed amount; and

WHEREAS, to ensure there is no interruption in services during the process of hiring permanent staffing, the Division is seeking to execute new annual contracts with Bureau Ver itas North America, CSG Consultants, Interwest, Shums Coda, 4 Leaf, and TRB + Associates, in the amount not to exceed $250,000 per contract per year; and

WHEREAS, these contracts will automatically renew annually from the date of signing by the city manager, with a new annual contract amount not to exceed $250,000 per year, for the next five years, expiring at the end of the term in 2028, unless otherwise canceled as outlined in the contracts; and

WHEREAS, these as-needed services are cost-recovered through permit fees for plan review and inspection services. The allowed annual contract expenditures will be limited to the amount approved in the Division’s budget in each of the following budget years.

Packet Page 292 of 482Attachment 1 Page 1 of 2

RES. NO. 2023-48

Page 2 ends

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

Section 1. The city manager is hereby authorized and directed to execute , on behalf of the City of Fairfield, Consultant Service Agreements with the above-named firms, in substantially the form of the Consultant Services Agreements attached hereto as Exhibits A, B, C, D, E, and F, as approved by the city attorney.

Section 2. The city manager or designee is hereby authorized to do all things necessary to implement the contracts mentioned above.

PASSED AND ADOPTED this 21st day of March, 2023, by the following vote:

AYES: MEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 293 of 482Attachment 1 Page 2 of 2

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

CONSULTANT SERVICES AGREEMENT

AGREEMENT FOR PLAN REVIEW AND INSPECTION SERVICES
THIS AGREEMENT is made at Fairfield, California, as of ________________, 2023, by and between the City of Fairfield, a municipal corporation (the “CITY") and Bureau Veritas N.A. ("CONSULTANT"), WHEREAS the CITY desires to retain plan review and field inspection services on an as needed basis, and
WHEREAS CONSULTANT is willing to provide such services and represents that it is knowledgeable and duly qualified to do so,
NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, the parties hereby agree as follows:
1)SCOPE OF WORK. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A.” CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.” 2)PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B”. Hourly rate services shall be paid per the hourly rate schedule in Exhibit “E.” The consultant may submit new hourly rate schedules annually with increases based on the April to April Consumer Price Index (CPI), new rates effective every July first. 3)FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4)GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement.

In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5)INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6)EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
7)TERM. This agreement shall be in effect on the date of signing, for an automatically renewing one- year term for five years, ending on the expiration of the fifth one-year term in 2028. 8) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court.

Packet Page 294 of 482Attachment 2 Page 1 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services 9)ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.
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 CITY using the following contact information:

CITY Contact: Jeff Thomas
E-mail:[email protected]
Address:1000 Webster Street, Second Floor, Fairfield, CA, 94533 Telephone:(707)428-7442
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Craig Baptista
E-mail:[email protected]
Address:180 Promenade Circle, Suite 150, Sacramento, CA 95834 Telephone:(916) 514-4516
Attachments
Exhibit “A” – Scope of Work
Exhibit “B” - Payment
Exhibit “C” – General Provisions
Exhibit “D” – Insurance Requirements
Exhibit “E” – Consultant Hourly Rate Schedule
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By: _________________________________ _
David Gassaway, City Manager Date

CONSULTANT
By: ________________________________ ___
Craig Baptista, Vice President, Facilities Date
2/24/2023
Packet Page 295 of 482Attachment 2 Page 2 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services EXHIBIT “A”

SCOPE OF SERVICE
A.SCOPE OF WORK – GENERAL

1.Services shall be performed under the direction of the Building Safety Division of the City of Fairfield on an as-needed basis for verification and/or correction to plans and specifications submitted by various applicants. These services will generally include but may not be limited to, review of civil site improvement plans and associated engineering data, and/or Building Standards Code compliance review of building architectural/structural drawings and associated supporting data, consultation services, and/or field inspection. These services may be performed based on a specific request from the project applicant for a specific project or may be performed at the request of the City for either specific or general plan check functions, consultation, or field inspection.

2.Funding of consultant plan check services requested by the City shall be the responsibility of the City.

The fees for all plan checking services shall be paid as outlined in Exhibit “B” of the contract.

3.Turnaround times for plan checks shall be as established by the City and shall be as follows:
a.Residential Plan Review – All initial plan reviews for residential projects shall be completed within 14 calendar days of notice for services. All rechecks shall be completed within 7 calendar days of notice of resubmittal.
b.Commercial plan review – All initial plan reviews for new buildings and other large commercial projects shall be completed within 21 calendar days of notice for services. All rechecks of large commercial projects shall be completed within 10 calendar days of notice of resubmittal. All initial plan reviews for small commercial projects and tenant improvements shall be completed within 14 calendar days of notice for services. All rechecks shall be completed within 7 calendar days of notice of resubmittal.
c.The city will indicate the project type and expected turn-around time on the transmittal sheet.

Where available, the City will provide access to digital drawing via email or other digital means, accompanying the transmittal sheet. If the applicant submitted paper copies, the consultant will be responsible for picking up the plan sets in person or via carrier, within 24 hours of request for service.
d.The consultant shall immediately notify the City if they are unable to meet the deadlines noted on the transmittal sheet and why. Alternative timelines (quicker or longer) may be reviewed and mutually agreed upon, in writing, on a case-by-case basis.

4.Plan checking services shall be performed in accordance with but not limited to, any or all the following, as may be relevant to the task or project:
•California Building Standards Code, City Ordinances, Design Standards, Policies, General Specifications of the City of Fairfield, and any conditions of approval relevant to the structure.
•Standard Civil Engineering and Land Surveying principles and practices.

5.Plan check methods and format shall be consistent with those methods established and used by City staff. Upon the completion of each plan check, the consultant shall provide, at minimum:
•One set of marked up prints/plans.
•Written list of comments, both hard copy and electronic file in MS Word format (electronic only ok when the submittal is only digital). Written comments shall be numbered to coordinate to the specific plan sheet and/or supporting documents in question. •A minimum of two (2) final approves sets shall be delivered to the City. The plans shall be stamped reviewed for code compliance, approved for construction, and initialed by the responsible reviewer (initial on front page only ok). All pages of the plan set shall be Packet Page 296 of 482Attachment 2 Page 3 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services stamped and include the City’s permit number. Associated documents shall only need the stamp and permit number on the cover pages. For digital plan reviews, only one (1) stamped set is needed.

6.It is anticipated that projects for the Building Safety Division will typically require two to three plan reviews. If additional plan checks are required beyond 4, due to circumstances outside the control of the Consultant, the additional services shall be documented and may billed at the Consultant’s pre- approved hourly billing rate as listed in Exhibit “E.” These additional services shall only be performed upon prior approval by the City. If additional plan checks are required because of Consultant’s lack of clear correction requirements or unthorough plan reviews, no additional plan reviews will be paid.

7.The Consultant shall pick up plans for review at the City office within 24 hours of notification by the City, or the consultant may arrange for courier services at the consultant’s expense. Digital transmission of plans and documents from the applicant to the Consultant would be acceptable subject to prior approval of the City such that City incurs no additional cost or time obligation.

8.Upon completion of the plan check assignment, the Consultant shall provide a written recommendation for approval of the plans, which shall be addressed to the Chief Building Official, or their designated representatives. Approved plans for Building Permit plan review shall be delivered to the Building Safety Counter for permit processing.

9.The maximum turnaround time for plan checks shall be as noted above and will be specified at the time the work is assigned to the consultant. The consultant shall complete the work within the specified time, unless prior written approval is obtained from the Chief Building Official, or their designee(s).

Requests for extensions of the turnaround time shall be submitted in writing no later than within five (5) working days of receipt of plans and is subject to approval by the Chief Building Official.

10.Plan checks for projects within the City shall only be conducted upon pre-approval by the City.

11.The Consultant’s Lead Representative (the California Registered Civil Engineer in responsible charge and/or the California Licensed Architect in responsible charge) shall be available in person for consultation and scheduled appointments regarding assigned projects, as needed. Appointments shall be held during normal City working hours in the City office unless an alternative location is approved by the City. Any costs associated with the Lead Engineer and/or subordinates to attend meetings shall be entirely borne by the Consultant; no additional billings for meeting attendance shall be allowed or paid.

B.RECORDS
The Consultant shall maintain the following records for each project:

1.A written copy of all plan check corrections required, name of owner, name of plan preparer, City project number, project name, date the plan check was requested, and date the plan check was completed. These records shall include both hard copy and an electronic file (MS Word format).

2.Letter of recommendation of plan approval, signed, stamped, and dated by the Lead Representative at the completion of the full plan review service.

3.A written record of payment requests submitted to the City and a record of payments received.

4.A record of the hours expended in the checking process for each plan. This record shall provide hourly details by discipline (i.e., journey engineer, lead engineer, etc.).

Packet Page 297 of 482Attachment 2 Page 4 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services EXHIBIT “B”

PAYMENT
PAYMENT FOR SERVICES.
(a)PLAN REVIEW. The CITY agrees to pay, and CONSULTANT agrees to accept as payment for services rendered under this Agreement a sum amounting to EIGHTY PERCENT (80%) of the plan review fee paid by the APPLICANT to the CITY for processing of the Project PLAN REVIEWS for projects that are complete prior to requiring a third review and meeting the turn-around times as noted in the scope of work.

The CITY agrees to pay, and CONSULTANT agrees to accept as payment for services rendered under this Agreement a sum amounting to SEVENTY PERCENT (70%) of the fee paid by the APPLICANT to the CITY for processing of the Project for plan reviews that are required to have three or more reviews and meeting the turn-around times as noted in the scope of work. The CITY agrees to pay, and CONSULTANT agrees to accept as payment for services rendered under this Agreement a sum amounting to FIFTY PERCENT (50%) of the plan review fee paid by the APPLICANT to the CITY for processing of the Project PLAN REVIEWS for projects that are NOT completed within the turn-around times as noted in the scope of work.

Said amounts shall constitute the sole and full compensation for the services under this AGREEMENT; provided, however, in the event the Project requires five or more plan reviews or the APPLICANT requests that the Project be reviewed on an expedited basis or requests that the CITY provide additional services with regard to the Project, CONSULTANT shall be entitled to additional payment either on an hourly or lump sum basis as approved by the Chief Building Official to compensate CONSULTANT for overtime and other verifiable additional expenses incurred specifically to accommodate any such request by the APPLICANT. Any approved deferred submittals would be billed hourly and are subject to the timelines noted in the scope of work. Any plan reviews assigned or approved on an hourly basis shall include a note on each plan review transmittal sheet the number of hours worked for each plan review cycle. The final approval letter shall note the total number of hours worked for the hourly review. Failure to include hours worked will result in forfeiture of payment.
(b)BUILDING CODE CONSULTATION. Building Code consultation will be provided on an hourly rate referenced in Fee Schedule (Exhibit “E”) of this document. (c)FIELD INSPECTIONS. (1) The CITY agrees to pay, and CONSULTANT agrees to accept as payment for services rendered under this AGREEMENT a sum amounting to SEVENTY PERCENT (70%) of the fee paid by the APPLICANT to the CITY for building inspection of a designated project. Said amount shall constitute the sole and full compensation for the building inspection services for said designated project under this AGREEMENT, except where the applicant requests additional services, phased inspections, and or numerous re-inspections for the same inspection type.
(2) On field inspections performed for the CITY on an as needed basis or under the provisions as extra help at times of high activity, where the CITY needs inspections performed on an intermittent or temporary continuous basis, the fee paid the CONSULTANT shall be hourly as noted on the CONSULTANT’S hourly rate schedule. (d) CONSULTATION FEE FORFEITURE. CONSULTANT shall forfeit the increment of Plan Review Fee or Field Inspection Fee, payable by the CITY as described above for any failure to complete or provide Plan Review or Field Inspection Services within the time schedule and requirements described in Exhibit “A”, Scope of Work.
(e) LIMITATION OF FUNDS. CONSULTANT agrees and understands that payment to CONSULTANT under subsection (a) and (c)(1), above, shall be made by CITY solely from monies received by the CITY from the APPLICANT, and that payment by the APPLICANT to CITY of the required fees, including any fees Packet Page 298 of 482Attachment 2 Page 5 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services required for reviewing the Project on an expedited basis, is a condition precedent to payment by the CITY to CONSULTANT hereunder. Failure of the APPLICANT to pay the CITY the monies necessary for the CITY to pay CONSUTANT shall entitle CONSULTANT, at CONSULTANT’S discretion, to suspend work on the Project.

PAYMENT SCHEDULE.

Consultant shall bill the CITY monthly for services rendered. Payments shall be made to CONSULTANT monthly in arrears. Payments shall be made on or before the 25th day of the month following the acceptance of work but no sooner than after the second plan review, subject to the restrictions set forth in Section (d), above.

CONTRACT AMOUNT.

This contract shall not exceed $250,000 annually without City Councill approval. In the event the City needs the Consultant’s services in excess of $250,000, an addendum will be necessary and must be approved by City Council prior to such additional services.

Packet Page 299 of 482Attachment 2 Page 6 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services EXHIBIT “C”

GENERAL PROVISIONS
1)INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement.
2)LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession. 3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement.

CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary. 4)CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5)ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6)PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7)STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8)CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9)PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement Packet Page 300 of 482Attachment 2 Page 7 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services shall be the property of the CITY.
10)INDEMNIFY AND HOLD HARMLESS.
a)If AGREEMENT is an agreement for design professional services subject to California Civil Code §2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY. b)If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code §2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

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

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

CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11)PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. 12)LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County. The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers.

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

Packet Page 301 of 482Attachment 2 Page 8 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services 13)CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14)EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a)Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization. b)If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address, and social security number of the sole proprietor. c)If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.

Packet Page 302 of 482Attachment 2 Page 9 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services EXHIBIT “D”

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

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

Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________. 3)INSURANCE PROVISIONS
a)DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b)The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:

X
Packet Page 303 of 482Attachment 2 Page 10 of 12

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

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

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

At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d)SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

Packet Page 304 of 482Attachment 2 Page 11 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services EXHIBIT “E”

CONSULTANT HOURLY RATE SCHEDULE

HOURLY RATES
Personnel Classification/Title: Hourly Rate:

Structural Engineer / Fire Protection Engineer $135
Building Plan Review Engineer $125
ICC Certified Building Plans Examiner $110
Civil Engineer $155
CASp Plan Review / CASp Inspections $125 / $150
Fire Plans Examiner $115
Building Inspector $90-$110
Permit Technician $60-$70
Clerical Support $50-$60
• Reimbursement for daily job miles will be charged at the current IRS per mile rate. • Overtime will be 1.25 times the fees shown above. No overtime will be charged without approval from the City.
• Rates are valid for the first contract year and will be reviewed annually. Adjustments may be made to accommodate for fluctuations in inflation and the cost of living. Any modifications will be approved by the City prior to going into effect. • Rates and cost estimates shown above exclude per diem, prevailing wage and union rates.

Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs.
• Field Inspections of Designated Projects – Pricing to be provided / quoted on a per project basis.

Packet Page 305 of 482Attachment 2 Page 12 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

CONSULTANT SERVICES AGREEMENT

WHEREAS CONSULTANT is willing to provide such services and represents that it is knowledgeable and duly qualified to do so,

NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, the parties hereby agree as follows:

1) SCOPE OF WORK. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A.” CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.” 2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B”. Hourly rate services shall be paid per the hourly rate schedule in Exhibit “E.” The consultant may submit new hourly rate schedules annually with increases based on the April to April Consumer Price Index (CPI), new rates effective every July first. 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement.

In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
7) TERM. This agreement shall be in effect on the date of signing, for an automatically renewing one- year term for five years, ending on the expiration of the fifth one-year term in 2028. 8) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court.

Packet Page 306 of 482Attachment 3 Page 1 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

9) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.
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 CITY using the following contact information:

CITY Contact: Jeff Thomas
E-mail: [email protected]
Address: 1000 Webster Street, Second Floor, Fairfield, CA, 94533 Telephone: (707) 428-7442
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Michael Loomis
E-mail: [email protected]
Address: 550 Pilgrim Drive, Foster City, CA 94404
Telephone: (650) 522-2518
Attachments
Exhibit “A” – Scope of Work
Exhibit “B” - Payment
Exhibit “C” – General Provisions
Exhibit “D” – Insurance Requirements
Exhibit “E” – Consultant Hourly Rate Schedule

EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By: _________________________________ _
David Gassaway, City Manager Date

CONSULTANT

By: ________________________________ ___
Cyrus Kianpour, President Date

Packet Page 307 of 482Attachment 3 Page 2 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

EXHIBIT “A”

SCOPE OF SERVICE

A. SCOPE OF WORK – GENERAL

1. Services shall be performed under the direction of the Building Safety Division of the City of Fairfield on an as-needed basis for verification and/or correction to plans and specifications submitted by various applicants. These services will generally include but may not be limited to, review of civil site improvement plans and associated engineering data, and/or Building Standards Code compliance review of building architectural/structural drawings and associated supporting data, consultation services, and/or field inspection. These services may be performed based on a specific request from the project applicant for a specific project or may be performed at the request of the City for either specific or general plan check functions, consultation, or field inspection.

2. Funding of consultant plan check services requested by the City shall be the responsibility of the City.

The fees for all plan checking services shall be paid as outlined in Exhibit “B” of the contract.

3. Turnaround times for plan checks shall be as established by the City and shall be as follows:
a. Residential Plan Review – All initial plan reviews for residential projects shall be completed within 14 calendar days of notice for services. All rechecks shall be completed within 7 calendar days of notice of resubmittal.
b. Commercial plan review – All initial plan reviews for new buildings and other large commercial projects shall be completed within 21 calendar days of notice for services. All rechecks of large commercial projects shall be completed within 10 calendar days of notice of resubmittal. All initial plan reviews for small commercial projects and tenant improvements shall be completed within 14 calendar days of notice for services. All rechecks shall be completed within 7 calendar days of notice of resubmittal.
c. The city will indicate the project type and expected turn-around time on the transmittal sheet.

Where available, the City will provide access to digital drawing via email or other digital means, accompanying the transmittal sheet. If the applicant submitted paper copies, the consultant will be responsible for picking up the plan sets in person or via carrier, within 24 hours of request for service.
d. The consultant shall immediately notify the City if they are unable to meet the deadlines noted on the transmittal sheet and why. Alternative timelines (quicker or longer) may be reviewed and mutually agreed upon, in writing, on a case-by-case basis.

4. Plan checking services shall be performed in accordance with but not limited to, any or all the following, as may be relevant to the task or project:
• California Building Standards Code, City Ordinances, Design Standards, Policies, General Specifications of the City of Fairfield, and any conditions of approval relevant to the structure.
• Standard Civil Engineering and Land Surveying principles and practices.

5. Plan check methods and format shall be consistent with those methods established and used by City staff. Upon the completion of each plan check, the consultant shall provide, at minimum:
• One set of marked up prints/plans.
• Written list of comments, both hard copy and electronic file in MS Word format (electronic only ok when the submittal is only digital). Written comments shall be numbered to coordinate to the specific plan sheet and/or supporting documents in question. • A minimum of two (2) final approves sets shall be delivered to the City. The plans shall be stamped reviewed for code compliance, approved for construction, and initialed by the responsible reviewer (initial on front page only ok). All pages of the plan set shall be Packet Page 308 of 482Attachment 3 Page 3 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

stamped and include the City’s permit number. Associated documents shall only need the stamp and permit number on the cover pages. For digital plan reviews, only one (1) stamped set is needed.

6. It is anticipated that projects for the Building Safety Division will typically require two to three plan reviews. If additional plan checks are required beyond 4, due to circumstances outside the control of the Consultant, the additional services shall be documented and may billed at the Consultant’s pre- approved hourly billing rate as listed in Exhibit “E.” These additional services shall only be performed upon prior approval by the City. If additional plan checks are required because of Consultant’s lack of clear correction requirements or unthorough plan reviews, no additional plan reviews will be paid.

7. The Consultant shall pick up plans for review at the City office within 24 hours of notification by the City, or the consultant may arrange for courier services at the consultant’s expense. Digital transmission of plans and documents from the applicant to the Consultant would be acceptable subject to prior approval of the City such that City incurs no additional cost or time obligation.

8. Upon completion of the plan check assignment, the Consultant shall provide a written recommendation for approval of the plans, which shall be addressed to the Chief Building Official, or their designated representatives. Approved plans for Building Permit plan review shall be delivered to the Building Safety Counter for permit processing.

9. The maximum turnaround time for plan checks shall be as noted above and will be specified at the time the work is assigned to the consultant. The consultant shall complete the work within the specified time, unless prior written approval is obtained from the Chief Building Official, or their designee(s).

Requests for extensions of the turnaround time shall be submitted in writing no later than within five (5) working days of receipt of plans and is subject to approval by the Chief Building Official.

10. Plan checks for projects within the City shall only be conducted upon pre-approval by the City.

11. The Consultant’s Lead Representative (the California Registered Civil Engineer in responsible charge and/or the California Licensed Architect in responsible charge) shall be available in person for consultation and scheduled appointments regarding assigned projects, as needed. Appointments shall be held during normal City working hours in the City office unless an alternative location is approved by the City. Any costs associated with the Lead Engineer and/or subordinates to attend meetings shall be entirely borne by the Consultant; no additional billings for meeting attendance shall be allowed or paid.

B. RECORDS
The Consultant shall maintain the following records for each project:

1. A written copy of all plan check corrections required, name of owner, name of plan preparer, City project number, project name, date the plan check was requested, and date the plan check was completed. These records shall include both hard copy and an electronic file (MS Word format).

2. Letter of recommendation of plan approval, signed, stamped, and dated by the Lead Representative at the completion of the full plan review service.

3. A written record of payment requests submitted to the City and a record of payments received.

4. A record of the hours expended in the checking process for each plan. This record shall provide hourly details by discipline (i.e., journey engineer, lead engineer, etc.).

Packet Page 309 of 482Attachment 3 Page 4 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

EXHIBIT “B”

PAYMENT

PAYMENT FOR SERVICES.

(a) PLAN REVIEW. The CITY agrees to pay, and CONSULTANT agrees to accept as payment for services rendered under this Agreement a sum amounting to EIGHTY PERCENT (80%) of the plan review fee paid by the APPLICANT to the CITY for processing of the Project PLAN REVIEWS for projects that are complete prior to requiring a third review and meeting the turn-around times as noted in the scope of work.

(b) BUILDING CODE CONSULTATION. Building Code consultation will be provided on an hourly rate referenced in Fee Schedule (Exhibit “E”) of this document.

(c) FIELD INSPECTIONS. (1) The CITY agrees to pay, and CONSULTANT agrees to accept as payment for services rendered under this AGREEMENT a sum amounting to SEVENTY PERCENT (70%) of the fee paid by the APPLICANT to the CITY for building inspection of a designated project. Said amount shall constitute the sole and full compensation for the building inspection services for said designated project under this AGREEMENT, except where the applicant requests additional services, phased inspections, and or numerous re-inspections for the same inspection type.
(2) On field inspections performed for the CITY on an as needed basis or under the provisions as extra help at times of high activity, where the CITY needs inspections performed on an intermittent or temporary continuous basis, the fee paid the CONSULTANT shall be hourly as noted on the CONSULTANT’S hourly rate schedule.

(d) CONSULTATION FEE FORFEITURE. CONSULTANT shall forfeit the increment of Plan Review Fee or Field Inspection Fee, payable by the CITY as described above for any failure to complete or provide Plan Review or Field Inspection Services within the time schedule and requirements described in Exhibit “A”, Scope of Work.

(e) LIMITATION OF FUNDS. CONSULTANT agrees and understands that payment to CONSULTANT under subsection (a) and (c)(1), above, shall be made by CITY solely from monies received by the CITY from the APPLICANT, and that payment by the APPLICANT to CITY of the required fees, including any fees Packet Page 310 of 482Attachment 3 Page 5 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

required for reviewing the Project on an expedited basis, is a condition precedent to payment by the CITY to CONSULTANT hereunder. Failure of the APPLICANT to pay the CITY the monies necessary for the CITY to pay CONSUTANT shall entitle CONSULTANT, at CONSULTANT’S discretion, to suspend work on the Project.

PAYMENT SCHEDULE.

CONTRACT AMOUNT.

Packet Page 311 of 482Attachment 3 Page 6 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

EXHIBIT “C”

GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement.
2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession. 3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement.

CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary. 4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement Packet Page 312 of 482Attachment 3 Page 7 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY. b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

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

CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County. The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers.

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

Packet Page 313 of 482Attachment 3 Page 8 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization. b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address, and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.

Packet Page 314 of 482Attachment 3 Page 9 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

EXHIBIT “D”

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

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

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

Packet Page 315 of 482Attachment 3 Page 10 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

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

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

At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

Packet Page 316 of 482Attachment 3 Page 11 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

EXHIBIT “E”

CONSULTANT HOURLY RATE SCHEDULE

REVIEW TYPE / ROLE ALL INCLUSIVE FEE / HOURLY RATE
Building Plan Review $125
CASp Consultation / Inspection $135
Combination Building Inspector (for work unrelated to an inspection project)
$115
Certified Permit Technician $85
Overtime 1.5 x Hourly Rate
Holidays & Weekends 2x Hourly Rate
All hourly rates reflect costs including salaries, benefits, workers’ compensation insurance, local travel, and miscellaneous office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. On each anniversary of the contract start date, CSG will increase hourly rates based on change in CPI for the applicable region. CSG will mail an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice.

Packet Page 317 of 482Attachment 3 Page 12 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

CONSULTANT SERVICES AGREEMENT

WHEREAS CONSULTANT is willing to provide such services and represents that it is knowledgeable and duly qualified to do so,

NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, the parties hereby agree as follows:

In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
7) TERM. This agreement shall be in effect on the date of signing, for an automatically renewing one- year term for five years, ending on the expiration of the fifth one-year term in 2028. 8) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court.

Packet Page 318 of 482Attachment 4 Page 1 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

CITY Contact: Jeff Thomas
E-mail: [email protected]
Address: 1000 Webster Street, Second Floor, Fairfield, CA, 94533 Telephone: (707) 428-7442
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Paul Meschino
E-mail: [email protected]
Address: 3755 Precision Drive, suite 140, Loveland, CO 80538 Telephone: (619) 372-9962
Attachments
Exhibit “A” – Scope of Work
Exhibit “B” - Payment
Exhibit “C” – General Provisions
Exhibit “D” – Insurance Requirements
Exhibit “E” – Consultant Hourly Rate Schedule

EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation

By: _________________________________ _
David Gassaway, City Manager Date

CONSULTANT

By: ________________________________ ___
Paul Meschino – Vice President Date

3/6/2023
Packet Page 319 of 482Attachment 4 Page 2 of 12

Consultant Services Agreement
Building Safety Division Plan Check and Inspection Services

EXHIBIT “A”

SCOPE OF SERVICE

A. SCOPE OF WORK – GENERAL

1. Services shall be performed under the direction of the Building Safety Division of the City of Fairfield on an as-needed basis for verification and/or correction to plans and specifications submitted by various applicants. These services will generally include but may not be limited to, review of civil site improvement plans and associated engineering data, and/or Building Standards Code compliance review of building architectural/structural drawings and associated supporting data, consultation services, and/or field inspection. These services may be performed based on a specific request from the project applicant for a specific project or may be performed at the request of the City for either specific or general plan check functions, consultation, or field inspection.

2. Funding of consultant plan check services requested by the City shall be the responsibility of the City.

The fees for all plan checking services shall be paid as outlined in Exhibit “B” of the contract.

3. Turnaround times for plan checks shall be as established by the City and shall be as follows:
a. Residential Plan Review – All initial plan reviews for residential projects shall be completed within 14 calendar days of notice for services. All rechecks shall be completed within 7 calendar days of notice of resubmittal.
b. Commercial plan review – All initial plan reviews for new buildings and other large commercial projects shall be completed within 21 calendar days of notice for services. All rechecks of large commercial projects shall be completed within 10 calendar days of notice of resubmittal. All initial plan reviews for small commercial projects and tenant improvements shall be completed within 14 calendar days of notice for services. All rechecks shall be completed within 7 calendar days of notice of resubmittal.
c. The city will indicate the project type and expected turn-around time on the transmittal sheet.

Where available, the City will provide access to digital drawing via email or other digital means, accompanying the transmittal sheet. If the applicant submitted paper copies, the consultant will be responsible for picking up the plan sets in person or via carrier, within 24 hours of request for service.
d. The consultant shall immediately notify the City if they are unable to meet the deadlines noted on the transmittal sheet and why. Alternative timelines (quicker or longer) may be reviewed and mutually agreed upon, in writing, on a case-by-case basis.

4. Plan checking services shall be performed in accordance with but not limited to, any or all the following, as may be relevant to the task or project:
• California Building Standards Code, City Ordinances, Design Standards, Policies, General Specifications of the City of Fairfield, and any conditions of approval relevant to the structure.
• Standard Civil Engineering and Land Surveying principles and practices.

5. Plan check methods and format shall be consistent with those methods established and used by City staff. Upon the completion of each plan check, the consultant shall provide, at minimum:
• One set of marked up prints/plans.
• Written list of comments, both hard copy and electronic file in MS Word format (electronic only ok when the submittal is only digital). Written comments shall be numbered to coordinate to the specific plan sheet and/or supporting documents in question. • A minimum of two (2) final approves sets shall be delivered to the City. The plans shall be stamped reviewed for code compliance, approved for construction, and initialed by the responsible reviewer (initial on front page only ok). All pages of the plan set shall be Packet Page 320 of 482Attachment 4 Page 3 of 12