CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL
AMENDED REGULAR MEETING
TUESDAY, FEBRUARY 20, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM
AGENDA
Notice to Public
The City of Fairfield is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, realtime captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (707) 428 7400.
For individuals with hearing or speaking limitations, dial 711 or (800) 7352922 (English). For Spanish, Tagalog or other language, please dial (800) 8553000 and provide the communication assistant with the following City telephone number: (707) 3994010.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via phone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400 Packet Page 1 of 423
CITY OF FAIRFIELDFAIRFIELD CITY COUNCILAMENDED REGULAR MEETINGTUESDAY, FEBRUARY 20, 2024; 6:00 PMHARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:Pursuant to Government Code 84308, City Council Members are disqualified and notable to participate in any agenda item involving contracts (other than competitivelybid, labor, or personal employment contracts), franchises, discretionary land usepermits and other entitlements if the City Council Member received more than $250 incampaign contributions from the applicant or contractor, an agent of the applicant orcontractor, or any financially interested participant who actively supports or opposesthe City's decision on the agenda item since January 1, 2023. Members of the CityCouncil who have received, and applicants, contractors or their agents who havemade, campaign contributions totaling more than $250 to a City Council Membersince January 1, 2023, are required to disclose that fact for the official record of thesubject proceedings. Disclosures must include the amount of the campaigncontribution and identify the recipient City Council Member and may be made either inwriting to the City Clerk before the agenda item or by verbal disclosure duringconsideration.Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, andwebstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via phone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Scott Tonnesen
Councilmember Rick Vaccaro
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
INVOCATION Pastor Alex English, Fairfield Church of Christ PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
CITY CLERK REPORT
PRESENTATIONS
1.Proclamation Declaring National Cancer Prevention Month Presented by Mayor Cat Moy Contact:Karen L. Rees, (707) 4287767
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.
2.Approval of Meeting Minutes from January 2024
Recommended Action
Approve the meeting minutes.
Funding Source
N/A
Contact:Delaney Dombrowski, (707) 4287402
Packet Page 2 of 423
CITY OF FAIRFIELDFAIRFIELD CITY COUNCILAMENDED REGULAR MEETINGTUESDAY, FEBRUARY 20, 2024; 6:00 PMHARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:Pursuant to Government Code 84308, City Council Members are disqualified and notable to participate in any agenda item involving contracts (other than competitivelybid, labor, or personal employment contracts), franchises, discretionary land usepermits and other entitlements if the City Council Member received more than $250 incampaign contributions from the applicant or contractor, an agent of the applicant orcontractor, or any financially interested participant who actively supports or opposesthe City's decision on the agenda item since January 1, 2023. Members of the CityCouncil who have received, and applicants, contractors or their agents who havemade, campaign contributions totaling more than $250 to a City Council Membersince January 1, 2023, are required to disclose that fact for the official record of thesubject proceedings. Disclosures must include the amount of the campaigncontribution and identify the recipient City Council Member and may be made either inwriting to the City Clerk before the agenda item or by verbal disclosure duringconsideration.Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, andwebstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoomat https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or viaphone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Doug CarrCouncilmember Doriss PanduroCouncilmemberScott TonnesenCouncilmember Rick VaccaroCouncilmember K. Patrice Williams Vice Mayor Pam BertaniMayor Catherine "Cat" MoyINVOCATION Pastor Alex English, Fairfield Church of ChristPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring National Cancer Prevention Month Presented by Mayor Cat MoyContact:Karen L. Rees, (707) 4287767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.2.Approval of Meeting Minutes from January 2024Recommended ActionApprove the meeting minutes.Funding Source N/A
Contact:Delaney Dombrowski, (707) 4287402
a
3.Resolution 202424 of the City Council of the City of Fairfield Approving Additional Transfer of Funds from Community Facilities District (CFD) No. 2 to the Solano Land Trust and Authorizing an Update to the Fiscal Year 20232024 Budget
Recommended Action
Adopt resolution.
Funding Source
N/A
Contact:Ashley Doyle, (707) 4287596
a
4.Resolution 202425 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to Globe Engineering Development (GED) for the Community Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap Closure Project and Authorizing an Update to the Fiscal Year 20232024 Budget Recommended Action
Adopt resolution.
Funding Source
$615,687; Various
Contact:Phil Layoso, (707) 4287505
a
5.Resolutions 202426 Through 202433 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Professional Service Agreements for Engineering Design Services for Fiscal Years 2024 and 2025 Capital Improvement Projects Between the City of Fairfield and Bennett Engineering Services (BEN|EN); Callander Associates Landscape Architecture, Inc. (CALA); Carollo Engineers, Inc.; Consor North America, Inc.; DKS Associates; KimleyHorn & Associates, Inc.; Nichols Consulting Engineers, Chtd. (NCE); and Rick Engineering Company Recommended Action
Adopt resolutions.
Funding Source
$4,820,000; Various
Contact:Jason Riley, (707) 4287481
a
6.Resolution 202434 of the City Council of The City of Fairfield Approving a Funding Agreement Between the City of Fairfield and Solano Transportation Authority (STA) for the East Tabor/Tolenas Safe Routes to School Gap Closure Project Recommended Action
Adopt resolution.
Funding Source
N/A
Contact:Phil Layoso, (707) 4287505
a
7.Resolution 202435 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to Mountain Cascade Inc., for the Cadenasso Drive Pavement Reconstruction Project, Federal Aid Project No. STPL 5132055 Recommended Action
Adopt resolution.
Funding Source
$2,222,631; Various
Packet Page 3 of 423
CITY OF FAIRFIELDFAIRFIELD CITY COUNCILAMENDED REGULAR MEETINGTUESDAY, FEBRUARY 20, 2024; 6:00 PMHARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:Pursuant to Government Code 84308, City Council Members are disqualified and notable to participate in any agenda item involving contracts (other than competitivelybid, labor, or personal employment contracts), franchises, discretionary land usepermits and other entitlements if the City Council Member received more than $250 incampaign contributions from the applicant or contractor, an agent of the applicant orcontractor, or any financially interested participant who actively supports or opposesthe City's decision on the agenda item since January 1, 2023. Members of the CityCouncil who have received, and applicants, contractors or their agents who havemade, campaign contributions totaling more than $250 to a City Council Membersince January 1, 2023, are required to disclose that fact for the official record of thesubject proceedings. Disclosures must include the amount of the campaigncontribution and identify the recipient City Council Member and may be made either inwriting to the City Clerk before the agenda item or by verbal disclosure duringconsideration.Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, andwebstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoomat https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or viaphone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Doug CarrCouncilmember Doriss PanduroCouncilmemberScott TonnesenCouncilmember Rick VaccaroCouncilmember K. Patrice Williams Vice Mayor Pam BertaniMayor Catherine "Cat" MoyINVOCATION Pastor Alex English, Fairfield Church of ChristPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring National Cancer Prevention Month Presented by Mayor Cat MoyContact:Karen L. Rees, (707) 4287767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.2.Approval of Meeting Minutes from January 2024Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Delaney Dombrowski, (707) 4287402a3.Resolution 202424 of the City Council of the City of Fairfield Approving Additional Transfer ofFunds from Community Facilities District (CFD) No. 2 to the Solano Land Trust and Authorizingan Update to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding SourceN/AContact:Ashley Doyle, (707) 4287596a4.Resolution 202425 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Globe Engineering Development (GED) for theCommunity Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap ClosureProject and Authorizing an Update to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding Source$615,687; VariousContact:Phil Layoso, (707) 4287505a5.Resolutions 202426 Through 202433 of the City Council of the City of Fairfield Authorizing theCity Manager to Execute Professional Service Agreements for Engineering Design Services forFiscal Years 2024 and 2025 Capital Improvement Projects Between the City of Fairfield andBennett Engineering Services (BEN|EN); Callander Associates Landscape Architecture, Inc.(CALA); Carollo Engineers, Inc.; Consor North America, Inc.; DKS Associates; KimleyHorn &Associates, Inc.; Nichols Consulting Engineers, Chtd. (NCE); and Rick Engineering CompanyRecommended ActionAdopt resolutions.Funding Source$4,820,000; VariousContact:Jason Riley, (707) 4287481a6.Resolution 202434 of the City Council of The City of Fairfield Approving a Funding AgreementBetween the City of Fairfield and Solano Transportation Authority (STA) for the EastTabor/Tolenas Safe Routes to School Gap Closure ProjectRecommended ActionAdopt resolution.Funding SourceN/AContact:Phil Layoso, (707) 4287505a7.Resolution 202435 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Mountain Cascade Inc., for the Cadenasso DrivePavement Reconstruction Project, Federal Aid Project No. STPL 5132055Recommended ActionAdopt resolution.
Funding Source
$2,222,631; Various
Contact:Phil Layoso, (707) 4287505
a
8.Resolution 202436 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase Two Portable Bus Scaffolding Systems for FAST Battery Electric Buses
Recommended Action
Adopt resolution.
Funding Source
$211,420; Public Works Transit Fund
Contact:David Renschler, (707) 4287414
a
9.Resolution 202437 of the City Council of the City of Fairfield Approving a Grant Agreement between the Bay Area Air Quality Management District (BAAQMD) and the City of Fairfield to Receive Carl Moyer Grant Funds for the Municipal Fleet Electrification Project Recommended Action
Adopt resolution.
Funding Source
N/A
Contact:Shaun Vigil, (707) 4343807
a
10.Resolution 202438 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement Between the City of Fairfield and Willdan Energy Solutions for Project Management and Owner's Representative Services for the Transit and Municipal Fleet Electrification Corporation Yard Improvements Recommended Action
Adopt resolution.
Funding Source
$452,100; Various
Contact:Shaun Vigil, (707) 4343807
a
NEW BUSINESS
11.Resolution 202439 of the City Council of the City of Fairfield Adopting the City of Fairfield’s 2024 State and Federal Legislative Platform
Recommended Action
Adopt resolution.
Funding Source
N/A
Contact:Anna Guiles, 7074287399
a
12.Resolution 202440 of the City Council of the City of Fairfield Amending the Departmental Position Control List
Recommended Action
Adopt resolution.
Funding Source
$21,133 ($10,298, Fiscal Year 2024 General Fund; $10,835, Fiscal Year 2025 General Fund) Contact:Farbod Pirouzmand, (707) 4287397
Packet Page 4 of 423
CITY OF FAIRFIELDFAIRFIELD CITY COUNCILAMENDED REGULAR MEETINGTUESDAY, FEBRUARY 20, 2024; 6:00 PMHARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:Pursuant to Government Code 84308, City Council Members are disqualified and notable to participate in any agenda item involving contracts (other than competitivelybid, labor, or personal employment contracts), franchises, discretionary land usepermits and other entitlements if the City Council Member received more than $250 incampaign contributions from the applicant or contractor, an agent of the applicant orcontractor, or any financially interested participant who actively supports or opposesthe City's decision on the agenda item since January 1, 2023. Members of the CityCouncil who have received, and applicants, contractors or their agents who havemade, campaign contributions totaling more than $250 to a City Council Membersince January 1, 2023, are required to disclose that fact for the official record of thesubject proceedings. Disclosures must include the amount of the campaigncontribution and identify the recipient City Council Member and may be made either inwriting to the City Clerk before the agenda item or by verbal disclosure duringconsideration.Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, andwebstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoomat https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or viaphone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Doug CarrCouncilmember Doriss PanduroCouncilmemberScott TonnesenCouncilmember Rick VaccaroCouncilmember K. Patrice Williams Vice Mayor Pam BertaniMayor Catherine "Cat" MoyINVOCATION Pastor Alex English, Fairfield Church of ChristPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring National Cancer Prevention Month Presented by Mayor Cat MoyContact:Karen L. Rees, (707) 4287767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.2.Approval of Meeting Minutes from January 2024Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Delaney Dombrowski, (707) 4287402a3.Resolution 202424 of the City Council of the City of Fairfield Approving Additional Transfer ofFunds from Community Facilities District (CFD) No. 2 to the Solano Land Trust and Authorizingan Update to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding SourceN/AContact:Ashley Doyle, (707) 4287596a4.Resolution 202425 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Globe Engineering Development (GED) for theCommunity Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap ClosureProject and Authorizing an Update to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding Source$615,687; VariousContact:Phil Layoso, (707) 4287505a5.Resolutions 202426 Through 202433 of the City Council of the City of Fairfield Authorizing theCity Manager to Execute Professional Service Agreements for Engineering Design Services forFiscal Years 2024 and 2025 Capital Improvement Projects Between the City of Fairfield andBennett Engineering Services (BEN|EN); Callander Associates Landscape Architecture, Inc.(CALA); Carollo Engineers, Inc.; Consor North America, Inc.; DKS Associates; KimleyHorn &Associates, Inc.; Nichols Consulting Engineers, Chtd. (NCE); and Rick Engineering CompanyRecommended ActionAdopt resolutions.Funding Source$4,820,000; VariousContact:Jason Riley, (707) 4287481a6.Resolution 202434 of the City Council of The City of Fairfield Approving a Funding AgreementBetween the City of Fairfield and Solano Transportation Authority (STA) for the EastTabor/Tolenas Safe Routes to School Gap Closure ProjectRecommended ActionAdopt resolution.Funding SourceN/AContact:Phil Layoso, (707) 4287505a7.Resolution 202435 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Mountain Cascade Inc., for the Cadenasso DrivePavement Reconstruction Project, Federal Aid Project No. STPL 5132055Recommended ActionAdopt resolution.Funding Source$2,222,631; VariousContact:Phil Layoso, (707) 4287505a8.Resolution 202436 of the City Council of the City of Fairfield Suspending Competitive Biddingand Authorizing the City Manager to Purchase Two Portable Bus Scaffolding Systems for FASTBattery Electric BusesRecommended ActionAdopt resolution.Funding Source$211,420; Public Works Transit FundContact:David Renschler, (707) 4287414a9.Resolution 202437 of the City Council of the City of Fairfield Approving a Grant Agreementbetween the Bay Area Air Quality Management District (BAAQMD) and the City of Fairfield toReceive Carl Moyer Grant Funds for the Municipal Fleet Electrification ProjectRecommended ActionAdopt resolution.Funding SourceN/AContact:Shaun Vigil, (707) 4343807a10.Resolution 202438 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Professional Services Agreement Between the City of Fairfield and Willdan EnergySolutions for Project Management and Owner's Representative Services for the Transit andMunicipal Fleet Electrification Corporation Yard ImprovementsRecommended ActionAdopt resolution.Funding Source$452,100; VariousContact:Shaun Vigil, (707) 4343807aNEW BUSINESS11.Resolution 202439 of the City Council of the City of Fairfield Adopting the City of Fairfield’s2024 State and Federal Legislative PlatformRecommended ActionAdopt resolution.Funding SourceN/AContact:Anna Guiles, 7074287399a12.Resolution 202440 of the City Council of the City of Fairfield Amending the DepartmentalPosition Control ListRecommended ActionAdopt resolution.Funding Source $21,133 ($10,298, Fiscal Year 2024 General Fund; $10,835, Fiscal Year 2025 General Fund) Contact:Farbod Pirouzmand, (707) 4287397
a
13.Resolution 202441 of the City Council of the City of Fairfield Adopting the Updated Peafowl Management Plan (2024), Authorizing the City Manager to Enter Into an Agreement with Raptor Events, LLC to Humanely Reduce Peafowl Pride Size, and Authorizing an Update to the Fiscal Year 20232024 Budget
Recommended Action
Receive report, open discussion, provide any additional direction, and adopt resolution.
Funding Source
$48,200; Community Facilities District 20122
Contact:Marisa Cumpian, (707) 4287494
a
PUBLIC HEARINGS
14.Public Hearing; and
Resolution 202442 of the City Council of the City of Fairfield Authorizing the City Manager and the Fire Department to Apply through the Solano Local Agency Formation Commission (LAFCO) for a LongTerm Service Agreement with the Cordelia Fire Protection District Recommended Action
Hold public hearing and adopt resolution.
Funding Source
N/A
Contact:John Sturdee, (707) 4287228
a
15.Public Hearing; and
Resolution 202443 of the City Council of the City of Fairfield Annexing Territory (Midway Meadows) to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 66, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and
Resolution 202444 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 20122 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 66 (Midway Meadows) Recommended Action
Hold public hearing and adopt resolutions.
Funding Source
N/A
Contact:Chris Lewis, (707) 4287089
a
ADJOURN TO TUESDAY, MARCH 5, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Packet Page 5 of 423
CITY OF FAIRFIELDFAIRFIELD CITY COUNCILAMENDED REGULAR MEETINGTUESDAY, FEBRUARY 20, 2024; 6:00 PMHARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:Pursuant to Government Code 84308, City Council Members are disqualified and notable to participate in any agenda item involving contracts (other than competitivelybid, labor, or personal employment contracts), franchises, discretionary land usepermits and other entitlements if the City Council Member received more than $250 incampaign contributions from the applicant or contractor, an agent of the applicant orcontractor, or any financially interested participant who actively supports or opposesthe City's decision on the agenda item since January 1, 2023. Members of the CityCouncil who have received, and applicants, contractors or their agents who havemade, campaign contributions totaling more than $250 to a City Council Membersince January 1, 2023, are required to disclose that fact for the official record of thesubject proceedings. Disclosures must include the amount of the campaigncontribution and identify the recipient City Council Member and may be made either inwriting to the City Clerk before the agenda item or by verbal disclosure duringconsideration.Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, andwebstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoomat https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or viaphone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Doug CarrCouncilmember Doriss PanduroCouncilmemberScott TonnesenCouncilmember Rick VaccaroCouncilmember K. Patrice Williams Vice Mayor Pam BertaniMayor Catherine "Cat" MoyINVOCATION Pastor Alex English, Fairfield Church of ChristPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORTCITY CLERK REPORTPRESENTATIONS1.Proclamation Declaring National Cancer Prevention Month Presented by Mayor Cat MoyContact:Karen L. Rees, (707) 4287767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.2.Approval of Meeting Minutes from January 2024Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Delaney Dombrowski, (707) 4287402a3.Resolution 202424 of the City Council of the City of Fairfield Approving Additional Transfer ofFunds from Community Facilities District (CFD) No. 2 to the Solano Land Trust and Authorizingan Update to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding SourceN/AContact:Ashley Doyle, (707) 4287596a4.Resolution 202425 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Globe Engineering Development (GED) for theCommunity Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap ClosureProject and Authorizing an Update to the Fiscal Year 20232024 BudgetRecommended ActionAdopt resolution.Funding Source$615,687; VariousContact:Phil Layoso, (707) 4287505a5.Resolutions 202426 Through 202433 of the City Council of the City of Fairfield Authorizing theCity Manager to Execute Professional Service Agreements for Engineering Design Services forFiscal Years 2024 and 2025 Capital Improvement Projects Between the City of Fairfield andBennett Engineering Services (BEN|EN); Callander Associates Landscape Architecture, Inc.(CALA); Carollo Engineers, Inc.; Consor North America, Inc.; DKS Associates; KimleyHorn &Associates, Inc.; Nichols Consulting Engineers, Chtd. (NCE); and Rick Engineering CompanyRecommended ActionAdopt resolutions.Funding Source$4,820,000; VariousContact:Jason Riley, (707) 4287481a6.Resolution 202434 of the City Council of The City of Fairfield Approving a Funding AgreementBetween the City of Fairfield and Solano Transportation Authority (STA) for the EastTabor/Tolenas Safe Routes to School Gap Closure ProjectRecommended ActionAdopt resolution.Funding SourceN/AContact:Phil Layoso, (707) 4287505a7.Resolution 202435 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Mountain Cascade Inc., for the Cadenasso DrivePavement Reconstruction Project, Federal Aid Project No. STPL 5132055Recommended ActionAdopt resolution.Funding Source$2,222,631; VariousContact:Phil Layoso, (707) 4287505a8.Resolution 202436 of the City Council of the City of Fairfield Suspending Competitive Biddingand Authorizing the City Manager to Purchase Two Portable Bus Scaffolding Systems for FASTBattery Electric BusesRecommended ActionAdopt resolution.Funding Source$211,420; Public Works Transit FundContact:David Renschler, (707) 4287414a9.Resolution 202437 of the City Council of the City of Fairfield Approving a Grant Agreementbetween the Bay Area Air Quality Management District (BAAQMD) and the City of Fairfield toReceive Carl Moyer Grant Funds for the Municipal Fleet Electrification ProjectRecommended ActionAdopt resolution.Funding SourceN/AContact:Shaun Vigil, (707) 4343807a10.Resolution 202438 of the City Council of the City of Fairfield Authorizing the City Manager toExecute a Professional Services Agreement Between the City of Fairfield and Willdan EnergySolutions for Project Management and Owner's Representative Services for the Transit andMunicipal Fleet Electrification Corporation Yard ImprovementsRecommended ActionAdopt resolution.Funding Source$452,100; VariousContact:Shaun Vigil, (707) 4343807aNEW BUSINESS11.Resolution 202439 of the City Council of the City of Fairfield Adopting the City of Fairfield’s2024 State and Federal Legislative PlatformRecommended ActionAdopt resolution.Funding SourceN/AContact:Anna Guiles, 7074287399a12.Resolution 202440 of the City Council of the City of Fairfield Amending the DepartmentalPosition Control ListRecommended ActionAdopt resolution.Funding Source$21,133 ($10,298, Fiscal Year 2024 General Fund; $10,835, Fiscal Year 2025 General Fund)Contact:Farbod Pirouzmand, (707) 4287397a13.Resolution 202441 of the City Council of the City of Fairfield Adopting the Updated PeafowlManagement Plan (2024), Authorizing the City Manager to Enter Into an Agreement with RaptorEvents, LLC to Humanely Reduce Peafowl Pride Size, and Authorizing an Update to the FiscalYear 20232024 BudgetRecommended ActionReceive report, open discussion, provide any additional direction, and adopt resolution.Funding Source$48,200; Community Facilities District 20122Contact:Marisa Cumpian, (707) 4287494aPUBLIC HEARINGS14.Public Hearing; andResolution 202442 of the City Council of the City of Fairfield Authorizing the City Manager andthe Fire Department to Apply through the Solano Local Agency Formation Commission(LAFCO) for a LongTerm Service Agreement with the Cordelia Fire Protection DistrictRecommended ActionHold public hearing and adopt resolution.Funding SourceN/AContact:John Sturdee, (707) 4287228a15.Public Hearing; and Resolution 202443 of the City Council of the City of Fairfield Annexing Territory (MidwayMeadows) to Community Facilities District No. 20122 (Public Safety Services, Open SpaceOperation, and Park Maintenance) as Annexation No. 66, Authorizing the Levy of a Special TaxWithin the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified ElectorsThereof; and Resolution 202444 of the City Council of the City of Fairfield Declaring the Results of a SpecialAnnexation Election in Territory Annexed to Community Facilities District No. 20122 (PublicSafety Services, Open Space Operation, and Park Maintenance), Determining the Validity ofPrior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City ofFairfield Community Facilities District No. 20122 (Public Safety Services, Open SpaceOperation, and Park Maintenance) Annexation No. 66 (Midway Meadows)Recommended ActionHold public hearing and adopt resolutions.Funding SourceN/AContact:Chris Lewis, (707) 4287089aADJOURN TO TUESDAY, MARCH 5, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCILCHAMBER.Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.
PUBLIC NOTIFICATION
I, Delaney Dombrowski, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Wednesday, February 14, 2024.
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Agenda Item No: 2.
AGENDA REPORT
DATE:February 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approval of Meeting Minutes from January 2024
RECOMMENDED ACTION
Approve the meeting minutes.
STATEMENT OF ISSUE
Minutes need approval by the City Council.
DISCUSSION
The City Council Special Meeting Minutes and City Council Minutes for January 2024 have been approved by the city attorney and need council approval.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to modify the minutes which will result in bringing this item back at a future date.
STAFF CONTACT
Delaney Dombrowski, Acting Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's Office
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Agenda Item No: 2.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approval of Meeting Minutes from January 2024RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Special Meeting Minutes and City Council Minutes for January 2024 have beenapproved by the city attorney and need council approval.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to modify the minutes which will result in bringing this item back at a futuredate.STAFF CONTACTDelaney Dombrowski, Acting Deputy City Clerk(707) 428[email protected] COORDINATED WITH
City Attorney's Office
ATTACHMENTS:
Description
Attachment 1: Special Meeting Minutes 11224
Attachment 2: Special Meeting Minutes 11324
Attachment 3: Housing Authority Minutes 11624
Attachment 4: Successor Agency Minutes 11624
Attachment 5: City Council Minutes 11624
REVIEWERS:
Reviewer Action Date
Dombrowski, Delaney Approved 2/5/2024 9:49 AM
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CITY OF FAIRFIELD
SPECIAL MEETING
FAIRFIELD CITY COUNCIL
RETREAT (DAY 1)
FRIDAY, JANUARY 12, 2024; 5:00 PM
POLICE TRAINING FACILITY
1717 REX CLIFT DRIVE, FAIRFIELD, CA 94533
MINUTES
CALL TO ORDER
Mayor Catherine “Cat” Moy called the meeting to order at 5:00 p.m.
ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams, Vice Mayor Pam Bertani, and Mayor Moy.
INVOCATION
Mayor Moy gave an invocation.
PLEDGE OF ALLEGIANCE
Councilmember Carr led the Pledge of Allegiance.
PUBLIC COMMENTS
Jerry (last name not provided), Brett Barner, and Elaine (last name not provided) provided comment on Peafowl in the Rolling Hills neighborhood.
CONSENT CALENDAR
1. Resolution 2024-01 of the City Council of the City of Fairfield Approving Mayor’s Appointments and Recommendations for the Calendar Year 2024.
Councilmember Tonnesen made a motion to approve the consent calendar, seconded by Vice -Mayor Bertani. The motion carried 7-0.
NEW BUSINESS
2. Council Goal Priority Setting.
Consultant Janette Williams moderated a discussion of City Council goal priority discussion. City Staff gave presentations and requested feedback from the City Council. Each individual Department Head took notes on feedback provided by the City Council.
ADJOURNED AT 8:08 P.M. TO SATURDAY, JANUARY 13, 2024, 9:00 P.M., POLICE TRAINING FACILITY.
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___________________________
MAYOR
________________________
CITY CLERK
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CITY OF FAIRFIELD
SPECIAL MEETING
FAIRFIELD CITY COUNCIL
RETREAT (DAY 2)
SATURDAY, JANUARY 13, 2024; 9:00 AM
POLICE TRAINING FACILITY
1717 REX CLIFT DRIVE, FAIRFIELD, CA 94533
MINUTES
CALL TO ORDER
Mayor Catherine “Cat” Moy called the meeting to order at 9:03 a.m.
ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams, Vice Mayor Pam Bertani, and Mayor Moy.
PUBLIC COMMENTS
No member of the public wished to give public comment.
NEW BUSINESS
1. Council Goal Priority Setting.
Consultant Janette Williams moderated a discussion of City Council goal priority discussion. City Staff gave presentations and requested feedback from the City Council. Each individual Department Head took notes on feedback provided by the City Council.
Councilmember Williams left the meeting at 11:04 a.m. and returned at 12:25 p.m.
Mayor Moy left the meeting at 11:45 a.m. and did not return. Vice-Mayor Bertani presided over the meeting.
ADJOURNED AT 1:59 P.M. TO TUESDAY, JANUARY 16, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.
___________________________
MAYOR
________________________
CITY CLERK
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CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL CONCURRENT MEETING
TUESDAY, JANUARY 16, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER,
1000 WEBSTER STREET, FAIRFIELD, CA 94533
OR VIA ZOOM
HOUSING AUTHORITY MINUTES
CALL TO ORDER
Vice Mayor Pam Bertani called the meeting to order at 7:01 p.m.
ROLL CALL
On roll call were Commissioners Doug Carr, Doriss Panduro, Rick Vaccaro, Scott Tonnesen and K.
Patrice Williams; and Vice Chair Pam Bertani. Chair Catherine Moy was absent.
City Clerk Rees read the following statement: The holding of a joint meeting of the City Council and Housing Authority entitles the commissioners to receive additional compensation of $35 for attending this joint meeting.
HOUSING AUTHORITY CONSENT CALENDAR
1. Resolution HA2024-01 of the Fairfield Housing Authority Approving the Transfer of Portions of Land Located on Highway 12 More Commonly Known as Assessor Parcel Numbers 0032-010- 240 and a Portion of Beck Avenue from the City of Fairfield to the State of California and Authorizing the Executive Director to Execute a Quitclaim Deed
Councilmember Tonnesen made a motion to approve Resolution HA2024 -01. Councilmember Carr seconded the motion. The motion carried unanimously (6-0).
Adjourned the Housing Authority meeting at 7:02 p.m.
____________________________
Secretary
____________________________
Chair
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CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL CONCURRENT MEETING
TUESDAY, JANUARY 16, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER,
1000 WEBSTER STREET, FAIRFIELD, CA 94533
OR VIA ZOOM
SUCCESSOR AGENCY MINUTES
CALL TO ORDER
Vice Mayor Pam Bertani called the meeting of the Successor Agency to order at 7:00 p.m.
ROLL CALL
On roll call were Members Doug Carr, Doriss Panduro, Rick Vaccaro, Scott Tonnesen and K.
Patrice Williams; and Vice Chair Pam Bertani. Chair Catherine Moy was absent.
Convened meeting of the Successor Agency at 7:00 p.m.
SUCCESSOR AGENCY CONSENT CALENDAR
1. Resolution SA2024-01 of the Successor Agency to the Fairfield Redevelopment Agency of the City of Fairfield Approving a Facility Use Agreement Between the City of Fairfield, the Successor Agency to the Fairfield Redevelopment Agency, and Solano Garbage Company for the Use of a Successor Agency-Owned Facility
Councilmember Panduro made a motion to approve Resolution SA2024-01. Councilmember Vaccaro seconded the motion. The motion carried unanimously (6-0).
The meeting was adjourned at 7:01 p.m.
____________________________
Secretary
____________________________
Chair
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CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL
CONCURRENT MEETING
TUESDAY, JANUARY 16, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM
MINUTES
CALL TO ORDER
Vice Mayor Pam Bertani called the meeting to order at 6:00 p.m.
ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Rick Vaccaro, Scott Tonnesen and K.
Patrice Williams; and Vice Mayor Pam Bertani. Mayor Catherine Moy was absent.
INVOCATION
Pastor David Cobb of The Love Community gave an invocation.
PLEDGE OF ALLEGIANCE
Councilmember Carr led the Pledge of Allegiance .
COUNCIL REPORTS
Councilmember Carr had nothing to report.
Councilmember Panduro wished everyone a Happy New Year! She reported that a North Texas Street Business Association meeting would be held at the Fairfield-Suisun Chamber of Commerce at 1111 Webster Street on January 17, 2024, at noon and will also be available via Zoom.
Councilmember Vaccaro reported that the City Council Retreat held on January 12 and 13 was very productive. The Council set their goals for the year.
Councilmember Tonnesen wished everyone a Happy New Year! He made a comment about Item 14, Resolution 2024-10.
Councilmember Williams said she was excited about 2024! She agreed that the Council Retreat was productive. She was especially enthusiastic about the transparency portal that the Information Technology Department is releasing this week.
Vice Mayor Bertani acknowledged the 95th birthday of Martin Luther King, Jr. on January 15, 2024. She reported she was honored to attend a celebration of his life at Hilton Garden Inn that was hosted by the National Council for Negro Women, Inc. Next, she thanked staff for the excellent presentations and information provided at the Council Retreat.
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CITY MANAGER REPORT
City Manager David Gassaway invited the community to purchase tickets to the State of the City address and breakfast to be held at the Fairfield Hilton Garden Inn on February 15 featuring lead economist speaker Jerry Nickelsburg, PhD, of University of California Los Angeles (UCLA). He stated there were no changes to the agenda.
CITY ATTORNEY REPORT
City Attorney David Lim had nothing to report.
CITY CLERK REPORT
City Clerk Karen Rees thanked several groups for adopting streets: the Police Dept. adopted two streets, Councilmember Panduro adopted one street, and a group from Travis – 60th Air Mobility Wing Justice League adopted a section of Linear Trail. She also thanked Linda Elkins, who started “Friends of Laurel Creek” by adopting a section of the creek, and encouraged her neighbors, Rev. Leanna Hamilton and Cathy Tracy, to each adopt sections of Laurel Creek.
PRESENTATIONS
1. Proclamation Declaring Anti-Human Trafficking presented by Councilmember Doriss Panduro. to SANE / SART staff members Kari Dorero & Melissa Nickson, who were unable to attend.
2. Proclamation declaring Martin Luther King Jr. Day presented by Vice Mayor Pam Bertani to the Fairfield Clergy Action Network (CAN) members. She stated that the CAN members would receive a framed copy of the proclamation at their meeting in February 2024.
PUBLIC COMMENTS
Alex Lunine and Olivia Kariuki from Sustainable Solano invited the community to attend a public workshop at the Adult Recreation Center on January 28 to help create a community action plan for improving the city’s air quality.
Hector Alfaro, Adjam Khan, Shaheen Shaikh, Saad Qureshi, and Hina Farooq spoke in person and Asma Shaikh, Dr. Ruby Ali, and Dr. Shahid Rehman spoke via Zoom to request City Council to draft a resolution for a cease fire in the Middle East conflict (Israel’s war in Gaza). Council agreed to bring the issue back to the full council (with Mayor Moy) at the February 6, 2024 meeting for discussion.
Convened meeting of the Successor Agency at 7:00 p.m.
SUCCESSOR AGENCY CONSENT CALENDAR
3. Resolution SA2024-01 of the Successor Agency to the Fairfield Redevelopment Agency of the City of Fairfield Approving a Facility Use Agreement Between the City of Fairfield, the Successor Agency to the Fairfield Redevelopment Agency, and Solano Garbage Company for the Use of a Successor Agency-Owned Facility
Councilmember Panduro made a motion to approve Resolution SA2024-01. Councilmember Vaccaro seconded the motion. The motion carried unanimously (6-0).
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Convened meeting of the Housing Authority at 7:01 p.m.
City Clerk Rees read the following statement: The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting.
ROLL CALL
On roll call were Commissioners Carr, Panduro, Tonnesen, Vaccaro, and Williams; and Vice Chair Bertani.
Chair Moy was absent.
HOUSING AUTHORITY CONSENT CALENDAR
4. Resolution HA2024-01 of the Fairfield Housing Authority Approving the Transfer of Portions of Land Located on Highway 12 More Commonly Known as Assessor Parcel Numbers 0032-010- 240 and a Portion of Beck Avenue from the City of Fairfield to the State of California and Authorizing the Executive Director to Execute a Quitclaim Deed
Councilmember Tonnesen made a motion to approve Resolution HA2024 -01. Councilmember Carr seconded the motion. The motion carried unanimously (6-0).
Reconvened meeting of the City Council at 7:02 p.m.
CONSENT CALENDAR
5. Approval of Meeting Minutes from December 2023
6. Resolution 2024-02 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Amendment to the Joint Use Agreement with the Solano Community College
7. Resolution 2024-03 of the City Council of the City of Fairfield Approving the Transfer of Portions of Land Located on Highway 12, More Commonly Known as Assessor Parcel Numbers 0032- 010-170, 190, 140, 230, and a Portion of Beck Avenue from the City of Fairfield to the State of California and Authorizing the City Manager to Execute a Quitclaim Deed
8. Resolution 2024-04 of the City Council of the City of Fairfield Declaring its Intention to Annex Territory (Midway Meadows) to Community Facilities District No. 2012 -2 and Authorizing the Levy of Special Taxes Therein for Annexation No. 66
9. Resolution 2024-05 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Funding Agreement (Transit and Intercity Rail Capital Program) Between the City of Fairfield and Solano Transportation Authority for the Travis Safe Route to Schools and Transit Trail Project
10. Resolution 2024-06 of the City Council of the City of Fairfield Authorizing Amendment No. 2 to Task Order No. 8 for Coastland Civil Engineering to Provide Additional Engineering and Design Services for the Waterman High Lift Pump and Power Upgrade Project, and Authorizing an Update to the Fiscal Year 2023-2024 Budget
11. Resolution 2024-07 of the City Council of the City of Fairfield Accepting a Grant Deed from Laurel Creek Holding Company, LLC and Laurel Creek Plaza, LLC and Executing Other Documents
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12. Resolution 2024-08 of the City Council of the City of Fairfield Accepting the Landscape Improvements for the Goldhill Village III Subdivision as Complete
13. Resolution 2024-09 of the City Council of the City of Fairfield Authorizing the City Manager to Approve the Police Department's Purchase of Two Unmanned Robots and to Update Lexipol Policy 711, Military Equipment, to Reflect the Change in Inventory , in Accordance with City Ordinance 2022-06
14. Resolution 2024-10 of the City Council of the City of Fairfield Authorizing the Police Department’s Exchange of PepperBall Patrol Carbine Model Launchers with PepperBall Tactical SemiAutomatic Model Launchers and Update to the Police Department’s Lexipol Policy 711 to Reflect the Change in Inventory, in Accordance with City Ordinance 2022-06
15. Resolution 2024-11 of the City Council of t he City of Fairfield Approving the Purchase of the Security Scorecard Tool from Reseller ePlus Technology Inc.
16. Resolution 2024-12 of the City Council of the City of Fairfield Approving the City Manager or their Designee as the City of Fairfield’s Authorized Public Risk Innovation, Solutions, and Management Representative
Councilmember Tonnesen made a motion to approve the consent calendar. Councilmember Vaccaro seconded the motion. The motion carried unanimously (6-0).
NEW BUSINESS
17. Minute Action Approving Mayor’s Appointments to the Golf Advisory Board, Landscape Oversight Committee, and Solano County Mosquito Abatement District Board of Trustee s.
Councilmember Tonnesen made a motion to approve the Mayor’s appointments . Councilmember Panduro seconded the motion. The motion carried unanimously (6-0).
City Clerk Rees administered the oath to: Golf Advisory Board – Jack Daly, Dennis Hooten, & Dennis Spiller
Landscape Oversight Committee – Christina Encarnacion – District 2, and Solano County Mosquito Abatement District Board of Trustees – Paul Wade.
PUBLIC HEARINGS
18. Associate Planner Jessie Hernandez recommended to Council that it open the Public Hearing and approve the First Reading and Introduction of Ordinance 2024-01 of the City Council of the City of Fairfield Amending Section 25.28.5 of the City of Fairfield Zoning Ordinance to Permit Selected Industrial Business Park Uses for Office Commercial – North Cordelia Zoned Properties South of Business Center Drive and Establish Certain Design and Operating Standards.
Vice Mayor Bertani opened the public hearing. Nora Dizon and Jose McNeil spoke on Item 18. Vice Mayor Bertani closed the public hearing.
Councilmember Vaccaro made a motion to waive the full reading, read by title only , and introduce Ordinance 2024-01 for first reading. Councilmember Williams seconded the motion. By a roll call vote, the motion carried unanimously (6-0).
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ADJOURNED MEETING AT 7:39 P.M. TO TUESDAY, FEBRUARY 6, 2024, 6:00 P.M., HARRY T. PRICE
MEMORIAL COUNCIL
_______________________________
City Clerk
_______________________________
Vice Mayor
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Agenda Item No: 3.
AGENDA REPORT
DATE:February 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202424 of the City Council of the City of Fairfield Approving Additional Transfer of Funds from Community Facilities District (CFD) No. 2 to the Solano Land Trust and Authorizing an Update to the Fiscal Year 20232024 Budget RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The Solano Land Trust has sent notice of intent to utilize funding in Community Facilities District (CFD) No. 2 to support construction of recreational facilities and amenities to provide public access and recreation at Patwino Worrtla Kodoi Dihi Open Space Park.
DISCUSSION
Solano Land Trust was founded in 1986 as the Solano County Farmlands and Open Space Foundation as a result of open space advocates, land developers, and a municipal government working together to benefit the whole community. The Solano Land Trust currently owns the following properties: Jepson Prairie Preserve, KingSwett Ranches, Lynch Canyon, Rush Ranch, and most recently Patwino Worrtla Kodoi Dihi Open Space Park.
The Solano Land Trust purchased the property called Patwino Worrtla Kodoi Dihi Open Space Park (formerly Rockville Trails Preserve) in 20112012. The property has been developed into a natural open space park with diverse outdoor recreation and learning opportunities, along with natural resource protection and agriculture. The natural area features oak woodlands, seasonal creeks, diverse wildlife, and spectacular views.
In September 2023, Solano Land Trust requested to utilize funding in CFD No. 2 to fund expenses associated with opening and maintaining Patwino Worrtla Kodoi Dihi Open Space Park which City Council approved with Resolution 2023223.
In January 2024, Solano Land Trust sent the City a Notice of Intent to utilize $838,800 in additional CFD No. 2 funds to support the remaining project management, design, outreach, signage, amenities, Packet Page 19 of 423
Agenda Item No: 3.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202424 of the City Council of the City of Fairfield Approving AdditionalTransfer of Funds from Community Facilities District (CFD) No. 2 to the Solano LandTrust and Authorizing an Update to the Fiscal Year 20232024 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Solano Land Trust has sent notice of intent to utilize funding in Community Facilities District (CFD)No. 2 to support construction of recreational facilities and amenities to provide public access andrecreation at Patwino Worrtla Kodoi Dihi Open Space Park.DISCUSSIONSolano Land Trust was founded in 1986 as the Solano County Farmlands and Open Space Foundationas a result of open space advocates, land developers, and a municipal government working together tobenefit the whole community. The Solano Land Trust currently owns the following properties: JepsonPrairie Preserve, KingSwett Ranches, Lynch Canyon, Rush Ranch, and most recently Patwino WorrtlaKodoi Dihi Open Space Park.The Solano Land Trust purchased the property called Patwino Worrtla Kodoi Dihi Open Space Park(formerly Rockville Trails Preserve) in 20112012. The property has been developed into a natural openspace park with diverse outdoor recreation and learning opportunities, along with natural resourceprotection and agriculture. The natural area features oak woodlands, seasonal creeks, diverse wildlife,and spectacular views.In September 2023, Solano Land Trust requested to utilize funding in CFD No. 2 to fund expensesassociated with opening and maintaining Patwino Worrtla Kodoi Dihi Open Space Park which CityCouncil approved with Resolution 2023223.
In January 2024, Solano Land Trust sent the City a Notice of Intent to utilize $838,800 in additional CFD No. 2 funds to support the remaining project management, design, outreach, signage, amenities, construction, and installation costs required to administer, operate, maintain, and manage Patwino Worrtla Kodoi Dihi as a publicly accessible open space park. The total cost of the project is $6.7 million, of which CFD No. 2 has contributed $165,404 in 2019, the additional $838,000 would bring CFD No. 2’s contribution to $1,004,204.
FINANCIAL IMPACT
The amount being requested for fiscal year (FY) 20232024 is $838,800 from CFD No. 2 (Fund 326).
This amount was not previously budgeted in the FY 20232024 budget and requires a budget adjustment to increase the appropriations. The FY 2023 ending fund balance for Fund 326 was $3.2 million. FY 2024 projected revenue is approximately $600k with current appropriations of approximately $520k. Staff has confirmed there is adequate funding in Fund 326 to accommodate the additional funding request.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to reject the request to approve the additional use of CFD No. 2 funds, however this will impact Solano Land Trust’s ability to complete the Patwino Worrtla Kodoi Dihi Open Space Park and open to the public.
STAFF CONTACT
Ashley Doyle, Budget Officer
(707) 4287596
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Parks and Recreation Department ATTACHMENTS:
Description
Attachment 1: Proposed Resolution
Attachment 2: Solano Land Trust Prenotice to City of Fairfield REVIEWERS:
Reviewer Action Date
Furtado, John Approved 2/6/2024 1:46 PM
Furtado, John Approved 2/6/2024 1:47 PM
Furtado, John Approved 2/6/2024 1:48 PM
Dombrowski, Delaney Approved 2/6/2024 2:05 PM
Dombrowski, Delaney Approved 2/6/2024 2:05 PM
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CITY OF FAIRFIELD
RESOLUTION NO. 2024-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING ADDITIONAL TRANSFER OF FUNDS FROM COMMUNITY FACILITIES DISTRICT (CFD) NO. 2 TO THE SOLANO LAND TRUST AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2023-2024 BUDGET
WHEREAS, Cordelia Community Facilities District (CFD) No. 2 was formed in July 1989 to fund open space acquisitions and maintenance by Solano Land Trust (formerly the Solano County Farmlands and Open Space Foundation); and
WHEREAS, Solano Land Trust has identified the need to utilize the funds to support construction of recreational facilities and amenities to provide public access and recreation at Patwino Worrtla Kodoi Dihi Open Space Park; and
WHEREAS, Patwio Worrtla Kodoi Open Space Park has been developed into a natural open space park with diverse outdoor recreation and learning opportunities that will be open to the public; and
WHEREAS, Solano Land Trust must obtain consent from the City Council to utilize CFD No. 2 funds; and
WHEREAS, an increase of $838,800 to the appropriations in CFD No. 2 Fund (Fund 326) is required; and
WHEREAS, the revised appropriation constitutes an update to the fiscal year 2023-2024 budget approved pursuant to Resolution No. 2023-149.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. Solano Land Trust has consent to utilize CFD No. 2 funds to support construction of recreational facilities and amenities to provide public access and recreation at Patwino Worrtla Kodoi Dihi Open Space Park.
Section 2. The council hereby approved a budget adjustment of $838,800 to Fund 326.
Packet Page 21 of 423Attachment 1 Page 1 of 2
RES. NO. 2024-24
PASSED AND ADOPTED this 20th day of February, 2024, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
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Agenda Item No: 4.
AGENDA REPORT
DATE:February 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202425 of the City Council of the City of Fairfield Approving the Plans and Specifications and Awarding a Contract to Globe Engineering Development (GED) for the Community Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap Closure Project and Authorizing an Update to the Fiscal Year 20232024 Budget RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The proposed Community Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap Closure Project (Project) received $543,804 in funding from CDBG to close the missing sidewalk gaps and new concrete park pathway in low to moderate income census tract neighborhoods. The proposed contract will construct approximately 14,500 square feet of new concrete sidewalk. This resolution approves the plans and specifications for the Project and awards a contract in the amount of $559,715 to Globe Engineering Development (GED), of Fairfield, CA.
DISCUSSION
City subdivisions and parks that were constructed in the 1950s and 1960s lack basic transportation infrastructurelike sidewalks. The proposed Project will construct a concrete pathway at Lee Bell Park that provides circulation through the whole park for pedestrians,C ity maintenance,and Police Department patrol vehicles. The Project also includes the installation of concrete sidewalks, ADA ramps, and ADA compliant driveway approaches within the neighborhood streets south of Texas Street and east of Pennsylvania Ave .
On May 2,2023, the Housing Authority presented the CDBG annual action plan for fiscal year (FY) 20232024, and the Project was included as a part of the plan. City Council accepted the annual action plan through Resolution No. 2023114.
Six bids were received and opened on January 31, 2024, for the Project. The bids range in price from $559,715 to $950,933. The apparent low bidder was GED in the amount of $559,715. Staff has reviewed all bids for compliance with the bid requirements and recommends that the council awards the contract to GED. GED is appropriately licensed by the Contractors State License Board to perform the Packet Page 43 of 423
Agenda Item No: 4.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202425 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Globe Engineering Development (GED) forthe Community Development Block Grant (CDBG) Lee Bell Park and Sidewalk GapClosure Project and Authorizing an Update to the Fiscal Year 20232024 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe proposed Community Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap ClosureProject (Project) received $543,804 in funding from CDBG to close the missing sidewalk gaps and newconcrete park pathway in low to moderate income census tract neighborhoods. The proposed contractwill construct approximately 14,500 square feet of new concrete sidewalk. This resolution approves theplans and specifications for the Project and awards a contract in the amount of $559,715 to GlobeEngineering Development (GED), of Fairfield, CA.DISCUSSIONCity subdivisions and parks that were constructed in the 1950s and 1960s lack basic transportationinfrastructurelike sidewalks. The proposed Project will construct a concrete pathway at Lee Bell Parkthat provides circulation through the whole park for pedestrians,C ity maintenance,and PoliceDepartment patrol vehicles. The Project also includes the installation of concrete sidewalks, ADAramps, and ADA compliant driveway approaches within the neighborhood streets south of Texas Streetand east of Pennsylvania Ave . On May 2,2023, the Housing Authority presented the CDBG annual action plan for fiscal year (FY)20232024, and the Project was included as a part of the plan. City Council accepted the annual actionplan through Resolution No. 2023114.Six bids were received and opened on January 31, 2024, for the Project. The bids range in price from $559,715 to $950,933. The apparent low bidder was GED in the amount of $559,715. Staff has reviewed all bids for compliance with the bid requirements and recommends that the council awards the contract to GED. GED is appropriately licensed by the Contractors State License Board to perform the work. The GED bid schedule is broken down in the table below.
Descrip on Globe Engineering
Development
Base Bid 1 – Sidewalk gap Closure on Illinois Street $149,475 Base Bid 2 – Lee Bell Park Concrete Path $273,130
Bid Alternate – Sidewalk Gap Closure on Great Jones
Street and Taylor Street
$137,110
Total (Base Bid 1 + Base Bid 2 + Bid Alternate)$559,715 Staff recommends awarding Base Bid 1, Base Bid 2, and Bid Alternate.
Prior to advertising the Project,staff conducted inperson public outreach with residents that will be directly impacted by the improvements to provide them with general information on the Project. Staff will reconnect with the residents before the start of construction. Staff does not anticipate any major impacts to traffic due to the nature of the work and because the work is not located on a heavily traveled roadway. Lee Bell Park will remain open throughout the construction of the Project.
FINANCIAL IMPACT
The construction authorization for this Project will be $615,687, which is the total bid amount plus a 10% contingency ($559,715 total bid + $55,972 contingency). Funding for this Project is captured in Project No. CPW050087.
$464,866 ($422,605 Base Bid 1 & 2 + $42,261 contingency) of the cost for Base Bid 1 and 2 will be completely reimbursed by the 2023 CDBG funding.
$150,821 ($137,110 Total Bid Alternate + $13,711 contingency) of the cost for Bid Alternate will be reimbursed by the remaining 2023 CDBG funding ($78,938) and remaining design budget ($10,000).
The remaining cost of $61,883 has not yet been allocated in the FY 2024 Capital Budget and will require a budget adjustment. Below is the proposed funding for the remaining portion not allocated:
$53,000 ADA Street Improvements CPW0400001/State Gas Tax (Fund 162) $8,883 Construction License Tax Fund (Fund 164)
Finance has confirmed that adequate reserves in the Funds exist and there are not any projects that will be jeopardized by this additional expenditure.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
On March 14, 2023, a public meeting was held to discuss the funding recommendations. The meeting was adjourned because it did not meet quorum.
On March 23, 2023, a public meeting was held with the Community Advisory Committee (CAC) to discuss funding recommendations for FY 20232024.
On April 1, 2023, a Public Notice was published in the Daily Republic to receive public comments on the Annual Action Plan.
ALTERNATIVE ACTION
The council may reject the bid and not award the Project. This is not recommended because this may place the City out of compliance with the Department of Housing and Urban Development’s timeliness requirement in delivering the Project. This will lead to the City losing grant funds for the Project and risking future funding from the CDBG program.
Packet Page 44 of 423
Agenda Item No: 4.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202425 of the City Council of the City of Fairfield Approving the Plans andSpecifications and Awarding a Contract to Globe Engineering Development (GED) forthe Community Development Block Grant (CDBG) Lee Bell Park and Sidewalk GapClosure Project and Authorizing an Update to the Fiscal Year 20232024 BudgetRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe proposed Community Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap ClosureProject (Project) received $543,804 in funding from CDBG to close the missing sidewalk gaps and newconcrete park pathway in low to moderate income census tract neighborhoods. The proposed contractwill construct approximately 14,500 square feet of new concrete sidewalk. This resolution approves theplans and specifications for the Project and awards a contract in the amount of $559,715 to GlobeEngineering Development (GED), of Fairfield, CA.DISCUSSIONCity subdivisions and parks that were constructed in the 1950s and 1960s lack basic transportationinfrastructurelike sidewalks. The proposed Project will construct a concrete pathway at Lee Bell Parkthat provides circulation through the whole park for pedestrians,C ity maintenance,and PoliceDepartment patrol vehicles. The Project also includes the installation of concrete sidewalks, ADAramps, and ADA compliant driveway approaches within the neighborhood streets south of Texas Streetand east of Pennsylvania Ave . On May 2,2023, the Housing Authority presented the CDBG annual action plan for fiscal year (FY)20232024, and the Project was included as a part of the plan. City Council accepted the annual actionplan through Resolution No. 2023114.Six bids were received and opened on January 31, 2024, for the Project. The bids range in price from$559,715 to $950,933. The apparent low bidder was GED in the amount of $559,715. Staff hasreviewed all bids for compliance with the bid requirements and recommends that the council awards thecontract to GED. GED is appropriately licensed by the Contractors State License Board to perform thework. The GED bid schedule is broken down in the table below.Descrip on Globe EngineeringDevelopmentBase Bid 1 – Sidewalk gap Closure on Illinois Street $149,475Base Bid 2 – Lee Bell Park Concrete Path $273,130Bid Alternate – Sidewalk Gap Closure on Great JonesStreet and Taylor Street $137,110Total (Base Bid 1 + Base Bid 2 + Bid Alternate)$559,715Staff recommends awarding Base Bid 1, Base Bid 2, and Bid Alternate.Prior to advertising the Project,staff conducted inperson public outreach with residents that will bedirectly impacted by the improvements to provide them with general information on the Project. Staff willreconnect with the residents before the start of construction. Staff does not anticipate any major impactsto traffic due to the nature of the work and because the work is not located on a heavily traveledroadway. Lee Bell Park will remain open throughout the construction of the Project.FINANCIAL IMPACTThe construction authorization for this Project will be $615,687, which is the total bid amount plus a 10%contingency ($559,715 total bid + $55,972 contingency). Funding for this Project is captured in ProjectNo. CPW050087.$464,866 ($422,605 Base Bid 1 & 2 + $42,261 contingency) of the cost for Base Bid 1 and 2 will becompletely reimbursed by the 2023 CDBG funding.$150,821 ($137,110 Total Bid Alternate + $13,711 contingency) of the cost for Bid Alternate will bereimbursed by the remaining 2023 CDBG funding ($78,938) and remaining design budget ($10,000).The remaining cost of $61,883 has not yet been allocated in the FY 2024 Capital Budget and willrequire a budget adjustment. Below is the proposed funding for the remaining portion not allocated:$53,000 ADA Street Improvements CPW0400001/State Gas Tax (Fund 162)$8,883 Construction License Tax Fund (Fund 164)Finance has confirmed that adequate reserves in the Funds exist and there are not any projects that willbe jeopardized by this additional expenditure.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONOn March 14, 2023, a public meeting was held to discuss the funding recommendations. The meetingwas adjourned because it did not meet quorum.On March 23, 2023, a public meeting was held with the Community Advisory Committee (CAC) todiscuss funding recommendations for FY 20232024.On April 1, 2023, a Public Notice was published in the Daily Republic to receive public comments onthe Annual Action Plan.ALTERNATIVE ACTIONThe council may reject the bid and not award the Project. This is not recommended because this may place the City out of compliance with the Department of Housing and Urban Development’s timeliness requirement in delivering the Project. This will lead to the City losing grant funds for the Project and risking future funding from the CDBG program.
STAFF CONTACT
Phil Layoso, Assistant Engineer
(707) 4287505
[email protected]
COORDINATED WITH
Parks and Recreation Department, Housing Services Department ATTACHMENTS:
Description
Attachment 1: Proposed Resolution
Attachment 2: Bid Results
REVIEWERS:
Reviewer Action Date
Panganiban, Ryan Approved 2/6/2024 3:14 PM
Kaushal, Paul Approved 2/6/2024 4:15 PM
Dombrowski, Delaney Approved 2/6/2024 6:08 PM
Dombrowski, Delaney Approved 2/6/2024 6:08 PM
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CITY OF FAIRFIELD
RESOLUTION NO. 2024-25
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE PLANS AND
SPECIFICATIONS AND AWARDING A CONTRACT TO GLOBE ENGINEERING DEVELOPMENT (GED) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LEE BELL PARK AND SIDEWALK GAP CLOSURE PROJECT AND AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2023- 2024 BUDGET
WHEREAS, the bid opening for the Community Development Block Grant (CDBG) Lee Bell Park and Sidewalk Gap Closure Project (Project) took place on January 31, 2024; and
WHEREAS, the apparent low bidder was Globe Engineering Development (GED), in the amount of $559,715; and
WHEREAS, staff has reviewed the bid documents from GED, and found them to be in order; and
WHEREAS, staff is recommending that the City Council award the contract to GED, as the lowest responsive and responsible bidder for $559,715; and
WHEREAS, sufficient funds were not allocated for the Project in the City’s approved fiscal year (FY) 2023-2024 Budget, thus requiring an amendment of $61,883 to cover the Bid Alternate cost; and
WHEREAS, the revised appropriation constitutes an update to the FY 2023-2024 Budget approved pursuant to Resolution No. 2023-149.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The plans and specifications for the Project are hereby approved.
Section 2. The city manager is authorized to enter into a contract with GED, for the CDBG Lee Bell Park and Sidewalk Gap Closure Project in the amount of $559,715.
Section 3. The public works director is hereby authorized to execute and administer change orders for an amount not-to-exceed 10% of the contract amount ($55,972).
Section 4. The city manager is authorized to enter into an escrow agreement for security deposits in lieu of retention for said contract, if requested by the contractor.
Section 5. The council hereby approves eliminating funding of $53,000 from the ADA Street Improvement Project (CPW070001).
Packet Page 46 of 423Attachment 1 Page 1 of 2
RESO. NO. 2024-25
Section 6. The council hereby approves a budget adjustment of $53,000 from Gas Tax Fund (Fund 162) and $8,883 from the Construction License Tax Fund (Fund 164) to Fund 252 (Project No. CPW050087).
PASSED AND ADOPTED this 20th day of February 2024, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
Packet Page 47 of 423Attachment 1 Page 2 of 2
City of Fairfield
Public Works Department
CDBG LEE BELL PARK AND SIDEWALK GAP CLOSURE
PROJECT
NAME OF PROJECT
January 31, 2024, 2:00 p.m.
DATE OF BID
NO. BIDDER AMOUNT
1 Globe Engineering Development Fairfield, CA $422,605.00 (Base Bid) $137,110.00(Bid Alternate)
2 Quimu Contracting Inc Dixon, CA $541,925.00 (Base Bid) $229,750.00 (Bid Alternate)
3 KEREX Engineering Pleasant Hill, CA $569,260.00 (Base Bid) $226,800.00 (Bid Alternate)
4 Terocons, Inc San Francisco, CA $591,050.00 (Base Bid) $221,550.00 (Bid Alternate)
5 M3 Integrated Services Santa Rosa, CA $760,690.00 (Base Bid) $275,000.00 (Bid Alternate)
6 FBD Vanguard Construction, Inc Livermore, CA $764,385.00 (Base Bid) $186,548.00 (Bid Alternate)
Engineer’s Estimate* $468,770.00
*Note: Total Bid Base (Total Bid 1 + Total Bid 2) determines the Bid Award.
Packet Page 48 of 423Attachment 2 Page 1 of 1
Agenda Item No: 5.
AGENDA REPORT
DATE:February 20, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolutions 202426 Through 202433 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Professional Service Agreements for Engineering Design Services for Fiscal Years 2024 and 2025 Capital Improvement Projects Between the City of Fairfield and Bennett Engineering Services (BEN|EN); Callander Associates Landscape Architecture, Inc. (CALA); Carollo Engineers, Inc.; Consor North America, Inc.; DKS Associates; KimleyHorn & Associates, Inc.; Nichols Consulting Engineers, Chtd. (NCE); and Rick Engineering Company RECOMMENDED ACTION
Adopt resolutions.
STATEMENT OF ISSUE
There are 42 public infrastructure Capital Improvement Program (CIP) projects programmed in the current capital budget covering fiscal years (FY) 2024 and 2025. The total estimated cost of these projects is $101 million. It is necessary for the City to retain specialized design firms to provide engineering and technical services for the preparation of contract documents (i.e. plans, specifications and cost estimates) for several of the more complex projects. Adopting the eight proposed resolutions will authorize the city manager to execute engineering design services agreements and task orders allowing the timely and efficient completion of the projects.
DISCUSSION
The Public Works Engineering Division is responsible for the development, design, contract document preparation, and bidding of the City’s infrastructure projects. Projects are planned to meet the community needs, with special emphasis on those projects that maintain the City’s economic vitality and quality of life. Based upon the number and technical complexity of CIP projects approved in the current twoyear capital budget, staff solicited a Request for Qualifications (RFQ) on October 23, 2023.
The RFQ invited qualified firms to submit Statements of Qualifications (SOQs) to prepare plans, specifications, cost estimates, technical studies, and contract documents.
The City received 15 SOQs in response to the RFQ solicitation. Each firm was provided with an opportunity to submit for any or all four project categories: parks, streets, transportation & water. Eight Packet Page 49 of 423
Agenda Item No: 5.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolutions 202426 Through 202433 of the City Council of the City of FairfieldAuthorizing the City Manager to Execute Professional Service Agreements forEngineering Design Services for Fiscal Years 2024 and 2025 Capital ImprovementProjects Between the City of Fairfield and Bennett Engineering Services (BEN|EN);Callander Associates Landscape Architecture, Inc. (CALA); Carollo Engineers, Inc.;Consor North America, Inc.; DKS Associates; KimleyHorn & Associates, Inc.; NicholsConsulting Engineers, Chtd. (NCE); and Rick Engineering CompanyRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThere are 42 public infrastructure Capital Improvement Program (CIP) projects programmed in thecurrent capital budget covering fiscal years (FY) 2024 and 2025. The total estimated cost of theseprojects is $101 million. It is necessary for the City to retain specialized design firms to provideengineering and technical services for the preparation of contract documents (i.e. plans, specificationsand cost estimates) for several of the more complex projects. Adopting the eight proposed resolutionswill authorize the city manager to execute engineering design services agreements and task ordersallowing the timely and efficient completion of the projects.DISCUSSIONThe Public Works Engineering Division is responsible for the development, design, contract documentpreparation, and bidding of the City’s infrastructure projects. Projects are planned to meet thecommunity needs, with special emphasis on those projects that maintain the City’s economic vitalityand quality of life. Based upon the number and technical complexity of CIP projects approved in thecurrent twoyear capital budget, staff solicited a Request for Qualifications (RFQ) on October 23, 2023.The RFQ invited qualified firms to submit Statements of Qualifications (SOQs) to prepare plans,specifications, cost estimates, technical studies, and contract documents.
The City received 15 SOQs in response to the RFQ solicitation. Each firm was provided with an opportunity to submit for any or all four project categories: parks, streets, transportation & water. Eight firms submitted for parks projects, eleven firms submitted for streets projects, nine firms submitted for transportation projects and nine firms submitted for water projects.
The SOQs were evaluated by a fivemember panel, which included representation from the four project categories. The SOQs were ranked by category, and the panel reviewed each project to assign the projects to the most qualified firms. The results of the project assignments are provided below:
Parks
Project Name Assigned Consulting
Firm
Project Design
Budget
Funding
Source(s)
Matt Garcia Park Phase 1 Nichols Consulting
Engineers, Chtd.
$200,000 AB1600 Parks
Linear Park Node 4 Trail –
North Texas Street to Dover
Avenue
Callander Associates
Landscape Architecture,
Inc.
$557,000 Bedroom Tax,
State Grant
Streets
Project Name Assigned Consulting
Firm
Project Design
Budget
Funding
Source(s)
2025 Rancho Solano
Pavement Maintenance
Nichols Consulting
Engineers, Chtd.
$100,000 Smith Ranch
2026 Ranch Solano Pavement
Maintenance
Nichols Consulting
Engineers, Chtd.
$100,000 Smith Ranch
2526 Pavement Maintenance Rick Engineering
Company
$150,000 General Fund
Peabody Road Widening – Air
Base Parkway to Huntington
Drive
Consor North America,
Inc.
$490,000 AB1600
Traffic/Streets,
Northeast
District
Vanden Road Widening Bennett Engineering
Services
$660,000 AB1600
Traffic/Streets,
Northeast
District
Transportation
Project Name Assigned Consulting
Firm
Project Design
Budget
Funding
Source(s)
HSIP Cycle 11 Kentucky &
Broadway Bike Lanes
Rick Engineering
Company
$100,000 Gas Tax
HSIP Cycle 11 Pedestrian
Crossing Enhancements
DKS Associates $80,000 Gas Tax
HSIP Cycle 11 Unsignalized
Intersection Visibility & Safety
Improvements
KimleyHorn &
Associates, Inc.
$150,000 Gas Tax
HSIP Cycle 11 Citywide
Systemic Signal Visibility
Upgrades
DKS Associates $320,000 Gas Tax
Travis Safe Route to Schools
& Transit Trail
DKS Associates $1,338,000 Deposits,
Regional
Grants
Water
Project Name Assigned Consulting Project Design Funding Packet Page 50 of 423
Agenda Item No: 5.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolutions 202426 Through 202433 of the City Council of the City of FairfieldAuthorizing the City Manager to Execute Professional Service Agreements forEngineering Design Services for Fiscal Years 2024 and 2025 Capital ImprovementProjects Between the City of Fairfield and Bennett Engineering Services (BEN|EN);Callander Associates Landscape Architecture, Inc. (CALA); Carollo Engineers, Inc.;Consor North America, Inc.; DKS Associates; KimleyHorn & Associates, Inc.; NicholsConsulting Engineers, Chtd. (NCE); and Rick Engineering CompanyRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThere are 42 public infrastructure Capital Improvement Program (CIP) projects programmed in thecurrent capital budget covering fiscal years (FY) 2024 and 2025. The total estimated cost of theseprojects is $101 million. It is necessary for the City to retain specialized design firms to provideengineering and technical services for the preparation of contract documents (i.e. plans, specificationsand cost estimates) for several of the more complex projects. Adopting the eight proposed resolutionswill authorize the city manager to execute engineering design services agreements and task ordersallowing the timely and efficient completion of the projects.DISCUSSIONThe Public Works Engineering Division is responsible for the development, design, contract documentpreparation, and bidding of the City’s infrastructure projects. Projects are planned to meet thecommunity needs, with special emphasis on those projects that maintain the City’s economic vitalityand quality of life. Based upon the number and technical complexity of CIP projects approved in thecurrent twoyear capital budget, staff solicited a Request for Qualifications (RFQ) on October 23, 2023.The RFQ invited qualified firms to submit Statements of Qualifications (SOQs) to prepare plans,specifications, cost estimates, technical studies, and contract documents.The City received 15 SOQs in response to the RFQ solicitation. Each firm was provided with anopportunity to submit for any or all four project categories: parks, streets, transportation & water. Eightfirms submitted for parks projects, eleven firms submitted for streets projects, nine firms submitted fortransportation projects and nine firms submitted for water projects.The SOQs were evaluated by a fivemember panel, which included representation from the four projectcategories. The SOQs were ranked by category, and the panel reviewed each project to assign theprojects to the most qualified firms. The results of the project assignments are provided below:Parks Project Name Assigned ConsultingFirm Project DesignBudget FundingSource(s)Matt Garcia Park Phase 1 Nichols ConsultingEngineers, Chtd.$200,000 AB1600 ParksLinear Park Node 4 Trail –North Texas Street to DoverAvenue Callander AssociatesLandscape Architecture,Inc.$557,000 Bedroom Tax,State GrantStreetsProject Name Assigned ConsultingFirm Project DesignBudget FundingSource(s)2025 Rancho SolanoPavement Maintenance Nichols ConsultingEngineers, Chtd.$100,000 Smith Ranch2026 Ranch Solano PavementMaintenance Nichols ConsultingEngineers, Chtd.$100,000 Smith Ranch2526 Pavement Maintenance Rick EngineeringCompany $150,000 General FundPeabody Road Widening – AirBase Parkway to HuntingtonDrive Consor North America,Inc.$490,000 AB1600Traffic/Streets,NortheastDistrictVanden Road Widening Bennett EngineeringServices $660,000 AB1600Traffic/Streets,NortheastDistrictTransportationProject Name Assigned ConsultingFirm Project DesignBudget FundingSource(s)HSIP Cycle 11 Kentucky &Broadway Bike Lanes Rick EngineeringCompany $100,000 Gas TaxHSIP Cycle 11 PedestrianCrossing Enhancements DKS Associates $80,000 Gas TaxHSIP Cycle 11 UnsignalizedIntersection Visibility & SafetyImprovements KimleyHorn &Associates, Inc.$150,000 Gas TaxHSIP Cycle 11 CitywideSystemic Signal VisibilityUpgrades DKS Associates $320,000 Gas TaxTravis Safe Route to Schools& Transit Trail DKS Associates $1,338,000 Deposits,RegionalGrants Water
Project Name Assigned Consulting
Firm
Project Design
Budget
Funding
Source(s)
Water Pipeline Freeway
Crossing
Carollo Engineers, Inc.$250,000 Water Capital
Water Distribution Valve
Replacements
Consor North America,
Inc.
$325,000 Water Capital
The intent of the RFQ solicitation was to provide the City with a “pool” of engineering design firms available to provide responsive professional engineering services for CIP projects. State contracting laws require public agencies to select engineering firms based on qualifications. The “pool” of submitted SOQs allows for flexibility in project assignment and provides the ability to initiate projects and assign additional projects to the firms as workload dictates. The project assignments are provided in the table above.
These agreements are also important to expedite grantfunded projects to meet external funding deadlines. The term of the agreements cover the twoyear term of approved capital budget ending June 30, 2025, or until the scope of the project is complete. Each agreement is prepared with a notto exceed budget, which includes the total approved capital budget for engineering design services for the projects assigned to each firm. When the City is prepared to initiate an individual project, staff will request a detailed cost proposal from the assigned firm and a Notice to Proceed (NTP) will be prepared and executed by the city manager. Any additional funding required for a project beyond the approved capital budget will subsequently be presented to the City Council for consideration and approval prior to issuance of the NTP, as needed.
FINANCIAL IMPACT
Total costs for the proposed agreements is $4.820 million. All costs associated with these agreements will be paid using funds approved in the capital budget for each project. The agreements will limit the total payment for design services to a nottoexceed amount totaling the design costs for projects assigned to each firm. Any additional funding required for a project beyond the approved capital budget will subsequently be presented to council for consideration and approval prior to issuance of a NTP, as needed.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, this request may be delayed so staff may provide the necessary information. The council may choose to not approve the proposed agreements, or they may choose to only approve certain agreements and deny others. However, these actions are not recommended due to the delay this may cause with completing priority work within the CIP.
STAFF CONTACT
Jason Riley, Assistant City Engineer
(707) 4287481
[email protected]
COORDINATED WITH
City Attorney's Office, Finance Department
ATTACHMENTS:
Description
Packet Page 51 of 423
Agenda Item No: 5.AGENDA REPORTDATE:February 20, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolutions 202426 Through 202433 of the City Council of the City of FairfieldAuthorizing the City Manager to Execute Professional Service Agreements forEngineering Design Services for Fiscal Years 2024 and 2025 Capital ImprovementProjects Between the City of Fairfield and Bennett Engineering Services (BEN|EN);Callander Associates Landscape Architecture, Inc. (CALA); Carollo Engineers, Inc.;Consor North America, Inc.; DKS Associates; KimleyHorn & Associates, Inc.; NicholsConsulting Engineers, Chtd. (NCE); and Rick Engineering CompanyRECOMMENDED ACTIONAdopt resolutions.STATEMENT OF ISSUEThere are 42 public infrastructure Capital Improvement Program (CIP) projects programmed in thecurrent capital budget covering fiscal years (FY) 2024 and 2025. The total estimated cost of theseprojects is $101 million. It is necessary for the City to retain specialized design firms to provideengineering and technical services for the preparation of contract documents (i.e. plans, specificationsand cost estimates) for several of the more complex projects. Adopting the eight proposed resolutionswill authorize the city manager to execute engineering design services agreements and task ordersallowing the timely and efficient completion of the projects.DISCUSSIONThe Public Works Engineering Division is responsible for the development, design, contract documentpreparation, and bidding of the City’s infrastructure projects. Projects are planned to meet thecommunity needs, with special emphasis on those projects that maintain the City’s economic vitalityand quality of life. Based upon the number and technical complexity of CIP projects approved in thecurrent twoyear capital budget, staff solicited a Request for Qualifications (RFQ) on October 23, 2023.The RFQ invited qualified firms to submit Statements of Qualifications (SOQs) to prepare plans,specifications, cost estimates, technical studies, and contract documents.The City received 15 SOQs in response to the RFQ solicitation. Each firm was provided with anopportunity to submit for any or all four project categories: parks, streets, transportation & water. Eightfirms submitted for parks projects, eleven firms submitted for streets projects, nine firms submitted fortransportation projects and nine firms submitted for water projects.The SOQs were evaluated by a fivemember panel, which included representation from the four projectcategories. The SOQs were ranked by category, and the panel reviewed each project to assign theprojects to the most qualified firms. The results of the project assignments are provided below:Parks Project Name Assigned ConsultingFirm Project DesignBudget FundingSource(s)Matt Garcia Park Phase 1 Nichols ConsultingEngineers, Chtd.$200,000 AB1600 ParksLinear Park Node 4 Trail –North Texas Street to DoverAvenue Callander AssociatesLandscape Architecture,Inc.$557,000 Bedroom Tax,State GrantStreetsProject Name Assigned ConsultingFirm Project DesignBudget FundingSource(s)2025 Rancho SolanoPavement Maintenance Nichols ConsultingEngineers, Chtd.$100,000 Smith Ranch2026 Ranch Solano PavementMaintenance Nichols ConsultingEngineers, Chtd.$100,000 Smith Ranch2526 Pavement Maintenance Rick EngineeringCompany $150,000 General FundPeabody Road Widening – AirBase Parkway to HuntingtonDrive Consor North America,Inc.$490,000 AB1600Traffic/Streets,NortheastDistrictVanden Road Widening Bennett EngineeringServices $660,000 AB1600Traffic/Streets,NortheastDistrictTransportationProject Name Assigned ConsultingFirm Project DesignBudget FundingSource(s)HSIP Cycle 11 Kentucky &Broadway Bike Lanes Rick EngineeringCompany $100,000 Gas TaxHSIP Cycle 11 PedestrianCrossing Enhancements DKS Associates $80,000 Gas TaxHSIP Cycle 11 UnsignalizedIntersection Visibility & SafetyImprovements KimleyHorn &Associates, Inc.$150,000 Gas TaxHSIP Cycle 11 CitywideSystemic Signal VisibilityUpgrades DKS Associates $320,000 Gas TaxTravis Safe Route to Schools& Transit Trail DKS Associates $1,338,000 Deposits,RegionalGrantsWaterProject Name Assigned ConsultingFirm Project DesignBudget FundingSource(s)Water Pipeline FreewayCrossing Carollo Engineers, Inc.$250,000 Water CapitalWater Distribution ValveReplacements Consor North America,Inc.$325,000 Water CapitalThe intent of the RFQ solicitation was to provide the City with a “pool” of engineering design firmsavailable to provide responsive professional engineering services for CIP projects. State contractinglaws require public agencies to select engineering firms based on qualifications. The “pool” ofsubmitted SOQs allows for flexibility in project assignment and provides the ability to initiate projectsand assign additional projects to the firms as workload dictates. The project assignments are providedin the table above. These agreements are also important to expedite grantfunded projects to meet external fundingdeadlines. The term of the agreements cover the twoyear term of approved capital budget ending June30, 2025, or until the scope of the project is complete. Each agreement is prepared with a nottoexceed budget, which includes the total approved capital budget for engineering design services for theprojects assigned to each firm. When the City is prepared to initiate an individual project, staff willrequest a detailed cost proposal from the assigned firm and a Notice to Proceed (NTP) will beprepared and executed by the city manager. Any additional funding required for a project beyond theapproved capital budget will subsequently be presented to the City Council for consideration andapproval prior to issuance of the NTP, as needed.FINANCIAL IMPACTTotal costs for the proposed agreements is $4.820 million. All costs associated with these agreementswill be paid using funds approved in the capital budget for each project. The agreements will limit thetotal payment for design services to a nottoexceed amount totaling the design costs for projectsassigned to each firm. Any additional funding required for a project beyond the approved capital budgetwill subsequently be presented to council for consideration and approval prior to issuance of a NTP, asneeded.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the council has any questions, this request may be delayed so staff may provide the necessaryinformation. The council may choose to not approve the proposed agreements, or they may choose toonly approve certain agreements and deny others. However, these actions are not recommended dueto the delay this may cause with completing priority work within the CIP.STAFF CONTACTJason Riley, Assistant City Engineer(707) 428[email protected] WITHCity Attorney's Office, Finance Department ATTACHMENTS:
Description
Attachment 1: Proposed Resolution Bennett Engineering Services Attachment 2: Proposed Agreement Bennett Engineering Services Attachment 3: Proposed Resolution Callander Associates Landscape Architecture, Inc.
Attachment 4: Proposed Agreement Callander Associates Landscape Architecture, Inc.
Attachment 5: Proposed Resolution Carollo Engineers, Inc.
Attachment 6: Proposed Agreement Carollo Engineers, Inc.
Attachment 7: Proposed Resolution Consor North America, Inc.
Attachment 8: Proposed Agreement Consor North America, Inc.
Attachment 9: Proposed Resolution DKS Associates
Attachment 10: Proposed Agreement DKS Associates
Attachment 11: Proposed Resolution KimleyHorn & Associates, Inc.
Attachment 12: Proposed Agreement KimleyHorn & Associates, Inc.
Attachment 13: Proposed Resolution Nichols Consulting Engineers, Chtd.
Attachment 14: Proposed Agreement Nichols Consulting Engineers, Chtd.
Attachment 15: Proposed Resolution Rick Engineering Company Attachment 16: Proposed Agreement Rick Engineering Company REVIEWERS:
Reviewer Action Date
Panganiban, Ryan Approved 2/5/2024 9:03 PM
Kaushal, Paul Approved 2/5/2024 9:08 PM
Dombrowski, Delaney Approved 2/6/2024 11:23 AM
Dombrowski, Delaney Approved 2/6/2024 11:23 AM
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CITY OF FAIRFIELD
RESOLUTION NO. 2024-26
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR FISCAL YEARS 2024 AND 2025 CAPITAL IMPROVEMENT PROJECTS BETWEEN THE CITY OF FAIRFIELD AND BENNETT ENGINEERING SERVICES (BEN|EN)
WHEREAS, the City requires the support of engineering firms to provide engineering design services for the preparation of plans, specifications and cost estimates for fiscal years (FY) 2024 and 2025 capital projects; and
WHEREAS, the City solicited a Request for Qualifications and conducted a competitive process resulting in qualifications-based selections for engineering firms to provide engineering design services; and
WHEREAS, Bennett Engineering Services (BEN|EN) has demonstrated the required technical qualifications and has been selected to provide professional engineering services for the Vanden Road Widening project.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield that certain agreement with BEN|EN for an amount not-to-exceed $660,000 to provide engineering design services for the Vanden Road Widening Project.
Section 2. The city manager is hereby authorized to do all things necessary to implement the above-mentioned agreement.
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RES. NO. 2024-26
PASSED AND ADOPTED this 20th day of February 2024, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
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P RO FE SS IO N A L S E R V IC ES A G R E EM EN T
THIS AGREEMENT is made at Fairfield, California, as of ~ 2024, by and between the City of Fairfield, a municipal corporation (the "CITY") and Bennett Engineering Services, Inc. ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit "A," which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit "A."
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.
CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit "C" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter lOB of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and ali fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509).
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through 30 June 2025; or until the scope of work is completed.
9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Revised 11/15/2023
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C le a n F le e ts re g u la tio n s. Su c h v e h icl e s m a y th e re fo re b e su b je c t to re q u ire m e n ts to re d u ce e m iss io n s o f a ir p o ll u ta n ts . Fo r m o re in fo rm a tio n , p le a s e v is it th e C A R B A d v a n ce d C le a n Fle e ts w e b p a g e a t https://ww2.arb.ca.gov/our-work/programs/advanced-clean-f/eets 11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.
This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY's behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:
14) CITY Contact:
15) E-mail:
16) Address:
17) Telephone:
Jason Riley
[email protected]
1000 Webster Avenue, Third Floor, Fairfield, CA 94533
{707) 428-7481
Notices must be given to CONSULTANT at the following:
CONSULTANTContact: ,L_.e.::, /zu_6 1l:>
E-mail:
Address:
Telephone:
/r/A--b1J tf2. bv;-IVl-uMf
/~iJ'2 J'vnn;-e,~ c/4. /t:Jtfl , ~.#J;t//4 cA- 9r;-~~I
0a)?-P 1 -f/'1 0
EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By: _
CONSULTANT
2 Revised 11/15/2023
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Exhibit A
This agreem ent is a Task O rder-based agreem ent fo r the fo llow ing pro jects w hich have been assigned to the CO NSU LTA NT:
Pro ject Nam e O riginal Design Budget
Vanden Road W idening $660,000
Task O rder Pro posals exceeding the O riginal Design Budget w ill require City Council appro val of a capital budget am endm ent fo r the specific pro ject as w ell as the authorized budget fo r this AG REEM EN T.
Task O rder Process
W hen the City is ready to initiate a pro ject, the city w ill request a Task O rder Pro posal from the consulting firm based upon the prelim inary scope of w ork and w ill negotiate the scope of work, schedule of deliverables, labor hours and fee fo r each project prior to fully executing the Task O rder. Follow ing full execution of a Task O rder, the City w ill issue a Notice to Pro ceed fo r engineering design servic es fo r the project.
G eneral Scope of W ork
The proposed scope of w ork generally consists of five task areas as fo llow s:
1. Project Management & Coordination: services incl ude, but are not lim ited to, intern al project m anagem ent, quality contro l, quality assurance, and coordination w ith regulatory agencies & utility com panies.
2. Design: services include, but are not lim ited to, the fo llow ing: conduct topographic survey; right-of-w ay resolution and preparation of grant deeds; and preparation of utility letters, plans, specifications and cost estim ates fo r 35%, 65%, 95% and final design.
3. Environmental Compliance & Permitting: serv ices include but are not lim ited to, preparing, subm itting and obtaining all required perm its and enviro nm ental review docum entation required by Federal, State, local and jurisdictional agencies.
4. Bid Support: services include, but are not lim ited to, responding to questions concern ing the plans, speci fications and estim ates as w ell as preparation of any necessary addenda.
5. Construction Support: services incl ude, but are not lim ited to, attending construction m eetings, review ing technical subm ittals, responding to Requests fo r Info rm ation (RFls), assistance w ith preparation of contract change orders and preparation of record draw ings.
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EXH IBIT "B"
PAYM ENT
1) The to tal co ntract price fo r serv ices rend e red by C O N SU LTA N T un de r this A gree m ent shall not excee d $6 60 ,0 00, or as am e nd e d, in acco rdance w ith the ho urly rates speci fi e d o n the fo llo w ing page. 2 ) Paym e nt shall be m ad e to CO N SU LTA N T on a tim e and m aterials basis. C O N SU LTA N T shall sub m it m o nthly invo ic es to the C ITY (at C ITY C o ntact's att ention) fo r the sam e . 3 ) A ny ad d itio nal m eetings or w o rk req u ired beyo nd that set fo rt h in each Task O rder Proposal shall b e m utually agree d to in w riting by the C ITY an d C O N SU LTA N T an d shall be billed on a tim e and m a terials basis to the C ITY (at the C ITY C o ntact's att entio n ). 4 Revised 11 /15/2023
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H O U R LY R AT E S
K ey Staff R a te s
NAME CURRENT
BASE RATE
BENNETT+ Y&C
Le o R u b io , P E $281
C a rlto n A lle n , Ill, P E $243
Ke ith R h o d e s, P E $268
D a n ie l Ya u , P E , T E , P TO E $281
M ic h a e l M a ssa ro , P E $255
S ta ce y Ly n ch , P E $243
To n y O za n ic h , P E $230
GEOCON
Sh a n e Ro d a c ke r, G E $165
Ja c o b B ish o p -M o se r $150
Je re m y Z o rn e , G E $165
VE SOLUTIONS
B ra d F rie d e ric h s, S E $185
JOHN CALTON
Jo h n C a lto n , E E $123
ESA
M e lissa Lo g u e , T ra n sp o rta tio n $282
D ire cto r-N o rC a l
To d d G o rd o n , En v iro n m e n tal S ci e n tist $181 Ill
Je sse H a lste d , B io lo g ist IV $244
GATES & ASSOCIATES
C a se y C ase , R LA , P re sid e nt $240
C h u ck G a rd e lla , R LA P rin ci p a l $230
CALA
K atie D e M a io $129.26
UNICO
R o b M a rke s: $229
A d a m B ish o p , P L S $204
B E N N E TT E N G IN E E R IN G SE R V IC E S + Y&C T R A N S P O R TA TIO N C O N S U LTA N T S I C ITY O F FA IR F IE LD 7 2 Packet Page 59 of 423Attachment 2 Page 5 of 20
I
!
BEN I EN
B E N N E TT E N G IN E E R IN G SE R V IC E S + Y &C T R A N S P O R TAT IO N C O N S U LTA N T S Professional Staff Rate Schedule I 2023/2024 Fiscal Year Billing Rate Charge
Classifications Class Rate
ENGINEER
10 $281
9 $268
8 $255
-- ---- -- --~
7 $243
-
6 $230
- - -- --- f----
5 $217
4 $204
3 $192
2 $179
- ·-
l $166
---- -~~ -- -
Billing Rate Charge
Classifications Class Rate
'
DESIGNER/TECH
7 $188
6 $173
---
5 $157
4 $142
3 $127
2 $111
l $96
PROJECT ADMINISTRATOR
3 $120 ----- -- --
2 $95
l $79
► Direct expenses (incl ud ing, but not lim ited to, m ileage, repro duction, postage, on line assessor m apping fees, etc.) and subconsultant costs w ill be billed at cost plus fifteen percent (15%) fo r adm inistration, coordination, and handling.
► Standard hourly rates do not apply to a dem and to perfo rm w ork during an overtim e period.
W ork required to be perfo rm ed during an overtim e period (as m andated by Califo rn ia law ) w ill be charged at a 50% prem ium . W ork m andated by Pre vailing W age law s w ill be charged accordingly.
► H ourly rates incl ude all com pensation fo r w ages, salary-related benefits, overhead, general off ice adm inistration, and profit. D irect project adm inistrative hours w ill be billed at the rate show n above.
► C lassifications m ay be added or rem oved as-needed w ithout notice. ► Changes in the requested scope of w ork or projected schedule m ay result in the revision of the pro posed fees and am endm ent to the total contract am ount. ► Rates are subject to change annually effective July l, 2024 B E N N E TT E N G IN E E R IN G S E R V IC E S + Y&C T R A N S P O R TATIO N C O N S U LTA N T S I C ITY O F FA IR F IE LD 7 3 Packet Page 60 of 423Attachment 2 Page 6 of 20
GEOCON
CONSULTANTS, INC.
G E O T E C H N IC A L ■ EN V IR O N M E N T A L ■ 0
2023 SCHEDULE OF FEES
PROFESS IONA L SERVICES
Engineering Field Technician/Special Inspector I 85/135(PW)* /hr.
Engineering Field Technician/Special Inspector II................................................................................................................. 95/140(PW)*/hr.
Engineering Field Technician/Special Inspector Ill/Equipment Operator 105/150(PW)* /hr.
Laboratory Technician/Engineering Assistant 90/hr.
Senior Laboratory Technician 110/hr.
Laboratory Supervisor 140/hr.
Word Processor/Technical Editor/Drafter 90/hr.
Research Assistant/Technical Illustrator/Senior Drafter 105/hr.
Project Coordinator/GIS Specialist 115/hr.
Staff Engineer/Geologis1/ScientisVField Supervisor 130/hr.
Senior Staff Engineer/Geclogist/Scientlst 140/hr.
Project Engineer/GeologisVScientisVConstruction Supervisor 150/hr.
Senior Project Engineer/GeologisVScientist 165/hr.
Senior Engineer/Geologis1/ScientisVCertified Industrial Hygienist 180/hr.
Associate Engineer/GeologisVScientist 210/hr.
Principal Engineer/GeologisVScientisVLitigation Support 240/hr.
Deposition or Court Appearance 425/hr.
Attorney Fees (General) 400/hr.
Overtime (>8 to 12 hrs.), Saturday, and Night Rate 1.5x Regular Hourly Rate Overtime (>12 hrs.), Sunday, and Holiday Rate 2x Regular Hourly Rate Minimum Professional Fee $500/Project
Minimum Field Services Fee (per day or call-out) ;.................................................................................................................... 4 Hours * Prevailing Wage (PW) per requirements of California Labor Code §720, et. Seq.
TRAVEL
Personnel............................................................................................................................................................................... Regular Hourly Rate Subsistence (Per Diem) $200/day
Vehicle Mileage 0. 75/mile
I EQUIPMENT & ANALYTICAL TESTS I
Nuclear Gauge Included in Technician Hourly Rate Level D PPE/Decon Rinse Equipment $50/day Pick-up Truck $140/day pH/Conductivity/Temperature Meter 60/day Equipment Truck 225/day 55-gallon drum 90/ea.
Direct-Push Rig/Operator................................. 190/235(PW)* /hr. TPHg (EPA 8015M) 90/ea.
Direct-Push Sample Liner 10/ea. TPHd/mo (EPA 8015M) 80/ea.
Equipment Trailer 100/day Fuel Oxygenate Compounds (EPA 8260B) 135/ea.
Wenner 4-Pin Earth Resistivity Meter 150/day Volatile Organic Compounds (EPA 8260B) 165/ea.
Coring Machine (concrete, asphalt, masonry) 250/day Semi-Volatile Organic Compounds (EPA 8270) 300/ea.
Dynamic Cone Penetrometer 250/day CAM 17 Metals (EPA 6010B) 200/ea.
Dilatometer (DMT) Test Equipment 800/day Single Metal (EPA 6010B) 35/ea.
Generator or Air Compressor 150/day STLC or TCLP Extraction 75/ea.
GPS Unit 160/day Soil pH (EPA 9045C) 25/ea.
Drive-Tube Sampler or Hand-Auger 50/day Organochlorine Pesticides (EPA 8081) 125/ea.
Soil Sample Tube (Brass or Stainless) 12/ea. Naturally Occurring Asbestos (CARB 435) 125/ea.
Water Level Indicator........................................................ 50/day Asbestos PLM 20/ea.
Battery-Powered Pump 75/day Asbestos 1,000-pt Count 100/ea.
Photo-Ionization Meter 150/day 48-hr/24-hr Turn-around Time 60%/100% surcharge
LAB ORATORY TESTS
CO MPACTION CURVES
4-inch mold (D1557 /D698) .
6-inch mold (D1557 /D698) ..
California Impact (CAL216) .
Check Point .
$250/ea.
250/ea.
250/ea.
100/ea.
SOIL AND AGGREGATE STABILITY
Resistance Value, R-Value (D2844/CAL301) ..
R-Value, Treated (CAL301) ..
California Bearing Ratio (D1883) .
Stabilization Ability of Lime (C977) ..
$300/ea.
325/ea.
175/pt.
200/ea.
2480 Hilborn Road, Suite 240 ■ Fairfield, California 94534 ■ Tel (925) 961-5271
BENNETT ENGINEERING SERVICES + Y&C TRANSPORTATION CONSULTANTS I CITY OF FAIRFIELD 74 Packet Page 61 of 423Attachment 2 Page 7 of 20
S O IL AND AG G REGATE PRO PERTIES
#200 Wash (D1140/C117) $90/ea. Moisture Determination, tube sample (D2216) .
Wet Sieve Analysis to #200 (D422/CAL202) 125/ea. Moisture Determination and Unit Weight (02937) ..
Dry Sieve Analysis, 1.5"+ Aggregate (06913) 350/ea. Atterberg Limits: Plasticity Index (04318) ..
Hydrometer Analysis (0422) 175/ea. Sand Equivalent (D2419/CAL217) .
Sieve Analysis with Hydrometer (0422) 200/ea. pH and Resistivity (CAL643) .
Specific Gravity, Soil (T100) 100/ea. Sulfate Content (CAL417) .
Specific Gravity Coarse Aggregate (C127) 75/ea. Chloride Content (CAL422) .
Specific Gravity Fine Aggregate (C128) 100/ea. Organic Content (02974) . $20/ea.
40/ea.
210/ea.
100/ea.
125/ea.
95/ea.
55/ea.
85/ea.
S HEA R S TRE NG T H
Unconfined Compression (02166) .
Direct Shear (3 points) (03080) .
Unconsolidated-Undrained Triaxial Shear (02850) ..
Unconsolidated-Undrained Triaxial Staged (02850) .
Consolidated-Undrained Triaxial Shear (04767) .
Consolidated-Undrained Triaxial Staged (04767) ..
Consolidated-Drained Triaxial Shear (EM1110) .
Consolidated-Drained Triaxial Staged (EM1110) ..
PERM EA BIL ITY , CO NSO LI D ATI O N AND EX PANSIO N
Permeability, Flexible Wall (05084) $315/ea.
Permeability, Rigid Wall (05856) 315/ea.
Consolidation (02435) 65/pt.
Expansion Index (04829/UBC 29-2) 225/ea.
Swell/Collapse (04546) 175/pt.
AGG R EGATE Q UALI TY
Sieve Analysis to #200 (C136) .
L.A. Rattler Test (500 rev.) (C131) .
Durability Index (D3744/CAL229) .
Fine Aggregate Angularity (CAL 234) .
Flat and Elongated Particles (04791/CAL 235) .
Percent Crushed Particles (CAL205) ..
$110/ea.
350/ea.
135/pt.
185/ea.
315/pt.
390/ea.
400/pt.
600/ea.
$125/ea.
225/ea.
165/ea.
125/ea.
150/ea.
150/ea.
CO NCRETE / M AS O NRY / REINFO RCING STE EL
Compressive Strength, Cast Cylinders (C39) $30/ea.
Compressive Strength, Cores (C42) 85/ea.
Flexural Strength Beam (C78/C293) 80/ea.
Splitting Tensile Test (C496) 80/ea.
DSA Masonry Shear (DSA-207) 75/ea.
Shotcrete Panel Coring and Comp. Strength (C1140) 100/ea.
Rebar Tensile/Bend (up to #11/#11 and larger) 275/300/ea.
CMU Compressive Strength (C140) 100/ea.
Compressive Strength, Grout (C1019/UBC 21-19) 30/ea.
Compressive Strength, Mortar (C109/UBC 21-15,16) .. 30/ea.
CMU Unit Wt., Dimen., Absorption (C140) 75/ea.
Compressive Strength, Masonry Prism (C1314) 250/ea.
HO T M IX AS PHALT
HMA Air Voids, Gyratory (T269) $525/ea.
Hamburg Wheel Tracker (T324) 1,000/ea.
Theoretical Max. Specific Gravity (D2041/CAL309) 180/ea.
Ignition/Sieve Analysis (C136/CAL202) 250/ea.
HMA Core Unit Weight (01188/CAL308) 100/ea.
% Asphalt, Ignition Method (06307 /CAL382) 125/ea.
% Asphalt, Ignition Calibration (06307 /CAL382) 400/ea.
Tensile Strength Ratio (T283) 1,000/ea.
*2X surcharge on rush turnaround for laboratory testing T E RM S AN D Co NDITI O NS
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem may apply when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum four-hour charge.
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice.
Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon's (the term "Geocon" includes Geocon's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client's injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon's total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client's project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify a// contractors and subcontractors of any /imitation of Geocon's liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon's actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon's actions or inactions. 2480 Hilborn Road, Suite 240 ■ Fairfield, California 94534 ■ Tel (925) 961-5271
B E N N E TT E N G IN E E R IN G S E R V IC E S + Y &C T R A N S P O R TAT IO N C O N S U LTA N T S I C ITY O F FA IR F IE LD 7 5 Packet Page 62 of 423Attachment 2 Page 8 of 20
Wh e r e Va lu e a n d E n g in e e r in g C o m e To g e th e r VE SOLUTIONS, INC.
2023-2025 RA T E SC H E D U LE
Stru ctu ral En gin eer
D rafter
$185 per hour
$120 per hour
650 University Avenue, Suite 110 • Sacramento, CA 9 5 825 (916) 505.0519 • Fax(916) 514.9102 • [email protected]
B E N N E TT E N G IN E E R IN G S E R V IC E S + Y&C T R A N S P O R TAT IO N C O N S U LTA N T S I C ITY O F FA IR F IE LD 7 6 Packet Page 63 of 423Attachment 2 Page 9 of 20
J Calton Engineering
Rate Schedule
Effective January 1, 2022
CLASSIFICATION
J Calton Engineering - John Calton, Principal Engineer
J Calton Engineering - CAD Technician
Materials & Direct Charges (Pre-Approved)
Auto Mileage
HOURLY RATES
$205
$125
Cost
Federal Rate
Hourly Rates to change December 31, 2024.
Effective January 1, 2025
CLASSIFICATION
J Calton Engineering - John Calton, Principal Engineer
J Calton Engineering - CAD Technician
Materials & Direct Charges (Pre-Approved)
Auto Mileage
HOURLY RATES
$225
$135
Cost
Federal Rate
Hourly Rates to change December 31, 2027.
J Calton Engineering Tax ID Number: 20-5285521
J Calton Engineering
B E N N E TT E N G IN E E R IN G SE R V IC E S + Y&C T R A N S P O R TA TIO N C O N S U LTA N T S I C ITY O F FA IR F IE LD 7 7 Packet Page 64 of 423Attachment 2 Page 10 of 20
r- ESA
~
E n viro n m e ntal S cien ce Associates &
Su b sid ia rie s: 20 2 3 S ched u le of F ees
I. Personnel Category Rates
Charges w ill be m ad e at the Catego ry hou rly rates set fo rth below fo r tim e spent on project m an agem e nt, co nsultation or m eeting s related to the project, field w ork, report preparation and review , travel tim e, etc. T im e spent o n projects in litigation, in depositions and pro viding expert testim o ny w ill be charged at the C ategory rate tim es 1.5.
LABOR CATEGORY BILLING BILLING BILLING BILLING BILLING BILLING STEP I STEP II STEP Ill STEP IV STEP V STEP VI
S e nio r P rin cip al 250 279 308 338 367 397
C o nsu ltan t
P rincip al C o nsulta nt 202 229 255 282 309 336
M a na g ing C o nsu ltant 180 201 223 244 265 286
S e nio r C o n su lta nt 142 161 181 200 220 239
A sso ciate C o nsu lta nt 128 141 153 165 178 190
C o nsu lta nt 98 110 122 135 147 159
P roje ct T ech n ic ia n 75 97 119 142 164 186
(a) The range of rates sho w n fo r each staff category reflects ESA staff qualifications, exp ertise and experience levels. These rate ranges allow our project m anagers to asse m b le the best proje ct team s to m eet the unique project requirem ents and cl ie nt expectations fo r each o ppo rt unity .
(b ) Fro m tim e to tim e, ESA retain s o utside professional and technical labor on a tem p o rary basis to m eet peak w orkload dem ands. Such contract labor m ay be charged at regular Em p lo yee Category rates.
(c) ESA reserv es the right to revise the Personnel Category Rates periodically to reflect chang es in its operating costs.
II. ESA Expenses
A. Travel Expenses
1. T ran sp o rt ation
a. Co m pany vehicl e - fixed rate + fee fo r m ileage in excess of 100 m iles. b. C o m m on carrier or car ren tal - actual expense m ultiplied by 1.15
2. Lo d ging, m eals and related travel expenses- direct expenses m ultiplied by 1.15 1 B E N N E TT E N G IN E E R IN G S E R V IC E S + Y&C T R A N S P O R TAT IO N C O N S U LTA N T S I C ITY O F FA IR F IE LD 7 8 Packet Page 65 of 423Attachment 2 Page 11 of 20
RATE SCHEDULE
EFFECTIVE THROUGH DECEMBER 2024
I. HOURLY FEES
HOURLY FEES FOR SERVICES OF: RATE PER HOUR:
Part ne r $225.00 - $240.00
P rincip al $210.00 - $225.00
A sso ci a te Princi p al $195.00 - $210.00
S en io r Asso ci ate $175.00 - $195.00
Jo b C a p ta in $155.00 - $175.00
S r. Irrigatio n D esig ne r $190.00 - $210.00
C o m m u n ity O utreach Facilitato r $175.00 - $195.00 M arketing C o o rdin ato r $125.00 - $175.00
A dm in istrative/D raft er $125.00 - $145.00
11. EXPENSES (REIMBURSABLES)
A. C o nsu ltants at ap p roxim ately the sam e rates ind icated ab o ve or on co n su ltant fee sche du les.
B . O the r direct expen ses at cost w hich m ay includ e :
1 . Printing and rep ro d u ctio n co sts.
2. M ile age and travel costs.
3 . M isce llan eo u s
H o urly rates m ay be adjusted on Jan uary 1 of each year an d shall ap p ly fo r any se rvices rende red aft er that date.
GATES
•ASSOCIATES
BENNETT ENGINEERING SERVICES+ Y&C TRANSPORTATION CONSULTANTS I CITY OF FAIRFIELD 79 Packet Page 66 of 423Attachment 2 Page 12 of 20
S t a n d a r d S c h e d u le o f C o m p e n s a tio n 2 0 2 3 -2 0 2 6 G o ld R iv e r www .ca llanderassociates.com
Recreate
Educate
Live+W ork
C onnect
Sustain
G E N E R A L
The fo llo w in g list of fe e s and reim b ursa b le exp e nse ite m s sha ll be use d in the provisio n of serv ice s d e sc rib e d in th e a g re e m e n t. Th e se a m o unts sha ll be adjuste d in Ja nua ry , up o n issua nce of an up d a te d Sta n d ar d Sc h e d ule o f C o m p e nsa tio n:
Ho u rly Ra te s
Prin ci p a l
Se nio r As so ci a te
As so ci a te
Ar b o rist/C o nstructio n M ana g er
Se nior Proje ct M ana g er
Pro je ct M an a g e r 1
Pro je c t M an a g e r 2
Jo b C a p ta in
D e sig n e r 1
D e sig ne r 2
As sista n t D esig n er
A cc o u n ting
Se nio r Project A d m in istra to r
Proje c t A dm inistrato r
$220 - $238 /ho ur
$205 - $222 /ho ur
$190 - $206 /ho ur
$190 - $206 /ho ur
$177 - $19 1 /ho ur
$162 - $175 /ho ur
$155 - $168 /ho ur
$140 _ $15 1 /ho ur
$130 - $14 1 /ho ur
$12 1 _ $13 1 /ho ur
$10 8 _ $117 /ho ur
$189 - $221 /ho ur
$141 _ $165 /ho ur
$126 - $147 /ho ur
R e im b u rsa b le Ex pe nse s Ra tes
Exp e nse s
printing an d reproductions, postage and
delivery, mileage, travel expenses {hotel I
food}, testing and outside services, and other
project related expenses
C o m m u n ic a tio ns an d In sura nc e Surc ha rg e
Su b c o n su lta n t A dm inistra tio n
co st+ 15 %
2.5% of tota l fee s
10 % of Sub co nsulta nt C o sts
PA YM EN TS
Pa y m e n ts a re du e w ithin te n da ys after m o nthly billing . C a lla nd e r A sso ci a tes reserv es the right to susp e n d se rv ic es fo r no n-p a ym e nt if pa ym e nt is not receive d w ithin a pe riod of 60 days after inv o ic e d a te . A d d itio n a lly invo ic e s 60 da ys pa st due ar e subje ct to a 1 .5% per m o nth interest c h ar g e . Re ta in e r a m o u nts, if in d ic a ted , are due up o n sig ning the ag re e m e nt and sha ll be a p p lie d to the fin a l invoic e fo r th e p ro je c t.
BURLINGAME
1633 Bayshare Highway, Suite 133
Burlingame, CA 94010
T 650.375.1313
GOLD RIVER
12150 Tributary Point Drive. Suite 140
Gold River, CA 95670
T 916.985.4366
SAN JOSE
2025 Gateway Place, Suite 285
San Jose, CA 95113
T 408.275.0565
B E N N E TT EN G IN E E R IN G S E R V IC E S + Y&C T R A N S P O R TA T IO N C O N S U LTA N T S I C ITY O F FA IR F IE L D 8 0 Packet Page 67 of 423Attachment 2 Page 13 of 20
0 CU/Wv
consulting
2023 FIRM RATE SCHEDULE
Classification S~ecific Rate of
Com~ensation
Project Oversight $213
Graphic Designer $169
Senior Project Manager $130
Project Manager $115
Senior Project Coordinator $97
Project Coordinator $86
Project Administrator $72
BENNETT ENGINEERING SERVICES+ Y&C TRANSPORTATION CONSULTANTS I CITY O F FA IR F IE L D 8 1 Packet Page 68 of 423Attachment 2 Page 14 of 20
•• •• ENGINEERING
110 Blue Ravine Rd-Suite 101
Folsom, CA 95630
916-900-6623
www.unicoenglneerlng.com
RATE SCHEDULE
UNICO Engineering, Inc.
2023-2025
OVERHEAD '/4: J 144.92%J PROFIT %: ~ ESCALATION %: J 3%)
CLASSIFICATION DIRECT LABOR HOURLY FULLY LOADED HOURLY RATE FULLY LOADED HOURLY RATE FULLY LOADED HOURLY RATE RATE RANGE RANGE2023 RANGE2024 RANGE2025
Princioal $ 90.00 $ 110.00 $ 242.47 $ 280.72 $ 249.74 $ 289.14 $ 257.24 $ 297.82 Survev Manaaer $ 75.00 $ 90.00 $ 202.06 $ 229.68 $ 208.12 $ 236.57 $ 214.36 $ 243.67 Senior Land Survevor $ 50.00 $ 80.00 $ 134.71 $ 204.16 $ 138.75 $ 210.28 $ 142.91 $ 216.59 Staff Land Surveyor $ 40.00 $ 60.00 $ 107.76 $ 153.12 $ 111.00 $ 157.71 $ 114.33 $ 162.45 Partv Chief /Prevailina Waae\ $ 70.00 $ 90.00 $ 188.59 $ 229.68 $ 194.25 $ 236.57 $ 200.07 $ 243.67 Partv Chief /Non-Prevailina Waae\ $ 40.00 $ 60.00 $ 107.76 $ 153.12 $ 111.00 $ 157.71 $ 114.33 $ 162.45 Chainman/Rodman /Prevailina Waae) $ 70.00 $ 90.00 $ 188.59 $ 229.68 $ 194.25 $ 236.57 $ 200.07 $ 243.67 Chalnman/Rodman (Non-Prevallina Waae) $ 25.00 $ 50.00 $ 77.00 $ 127.60 $ 79.31 $ 131.43 $ 81.69 $ 135.37 Draftsman/Survey Technician $ 20.00 $ 45.00 $ 53.88 $ 114.84 $ 55.50 $ 118.29 $ 57.16 $ 121.83 • Reimbursement for per diem and ml188Qe expenses shall be per the current federal reimbursement rate. , Cost of normal survey stakes and other field supplies are Included In the above rates. Special monuments, Iron stakes, etc. will be charged at cost. • Outside reproductions, services, and consultants will be charged at cost plus 10%. • Per prevalllng wage, a shift differential of 12.5% applies for any covered work shift beginning after 2PM. • Yearly prevailing wage anticipates a 3% escalation, however Increases In DIR rate determinations will be charged accordingly. • Overtime rate will be billed at 1.5 llmes the hourly rate for non-exempt employees BENNETT ENGINEERING SERVICES+ Y&C TRANSPORTATION CONSULTANTS J CITY OF FAIRFIELD 82 Packet Page 69 of 423Attachment 2 Page 15 of 20
EX H IB IT "C "
G E N E R A L P R O V IS IO N S
1) IN D EPEN D EN T C O N SU LT A N T . A t all tim es during the term of this A greem ent, CO N SU LTA NT shall be an in d e p en dent co ntracto r and shall not be an em ployee of CITY. CITY shall have the right to co ntro l CO N SU LTA N T o n ly in so fa r as the results of CO N SU LTA N T's serv ic es rendered pursuant to this A greem e nt; ho w ever, CITY shall no t have the right to contro l the m eans by w hic h CO N SULTA NT acco m p lishes serv ices ren d ered pursuant to this A greem ent. 2) LI C EN SES; PER M IT S; ETC . C O N SU LTA N T represents and w arrants to CITY that CO N SULTA NT has all lic en ses, perm its, qualifi cations, and approvals of w hatsoever nature w hich are legally required fo r C O N SU LT A N T to practice C O N SU LTA N T 's professio n. C O N SU LTA N T represents and w arrants to CITY that C O N SU LT A N T shall, at its sole co st and expense, keep in eff ect at all tim es during the term of this Agreem ent, any lice nses, perm its, an d appro vals w hic h are legally required fo r CO N SU LTA NT to practice his pro fessio n .
3) TIM E. C O N SU LTA N T shall devote such serv ices pursuant to this A greem ent as m ay be reaso nab ly necessary fo r satisfa cto ry perf orm ance of C O N SU LTA N T's obligatio ns pursuant to this Agree m ent. C O N SU LT A N T shall adhe re to the Schedule of A ctivities as described in their Executive Sum m ary .
4) C O N SU LTA N T N O T A N A G EN T . Except as CITY m ay speci fy in w riting, CO N SU LTA NT shall have no autho rity, exp ress or im plied, to act on behalf of CITY in any capaci ty w hatsoever as an agent.
C O N SU LTA N T shall have no autho rity, express or im plied, pursuant to this Agreem ent, to bind CITY to any ob ligatio n w hatso eve r.
5) A SSIG N M EN T PR O H IBIT ED . No part y to this A greem ent m ay assign any right or obligation pursuan t to this A gree m e nt. A ny att em pted or purpo rt ed assignm ent of any right or obligation pursuant to th is A greem ent shall be vo id an d of no eff ect. 6) PER SO N N EL. CO N SU LTA N T shall assign only com petent personnel to perf orm serv ices pursuant to this A greem e nt. In the event that CITY , in its sole discretion, at any tim e during the term of this A greem ent, desires the rem o val of any perso n or persons assigned by CO N SU LTA NT to perf orm servic es pu rsuant to th is A greem e nt, CO N SU LTA N T shall rem ove any such person im m ediately upon receiving no tice fr o m CITY of the desire of CITY fo r the rem oval of such person or persons. 7) STA N D A RD O F PER FO R M A N C E. C O N SU LTA N T shall perf orm all serv ic es required pursuant to this A greem ent. Serv ic es shall be perf o rm ed in the m anner and according to the standards observed by a co m pete nt practitioner of the pro fessio n in w hic h CO N SU LTA N T is engaged in the geographic al area in w hic h C O N SU LTA N T practices his profe ssion. A ll products w hic h CO N SU LTA N T delivers to CITY pursuant to this A greem e nt shall be prep ared in a w orkm anlike m anner, and confo rm to the standards of quality no rm ally ob serv ed by a pe rso n practic ing in C O N SU LTA N T's professio n. CITY shall be the sole judge as to w hether the pro duct oft he C O N SU LTA N T is satisfa ctory . 8) CA N C ELLA TIO N O F A G R EEM EN T . This A greem ent m ay be canceled at any tim e by the CITY at its discretio n up o n w ritt en no tifi cation to C O N SU LTA N T. C O N SU LTA N T is entitled to receive full paym ent fo r all serv ices pe rf orm e d an d all costs incurred up to and incl uding the date of receipt of w ritt en notice 5 Revised 11 /15/2023
Packet Page 70 of 423Attachment 2 Page 16 of 20
to c e a s e w o rk o n th e p ro je ct. C O N S U L T A N T sh a ll b e e n title d to n o fu rt h e r co m p e n sa tio n fo r w o rk p e rf o rm e d a ft e r th e d a te o f re ce ip t o f w ritt e n n o tic e to ce a se w o rk. A ll co m p le te d an d in co m p lete p ro d u c ts u p to th e d a te o f re ce ip t o f w ritt e n n o tice to ce a se w o rk sh a ll b e co m e th e p ro p e rt y of C ITY . 9 ) P R O D U C T S O F C O N S U LT IN G . A ll p ro d u cts o f th e C O N S U LT A N T p ro vid e d u n d e r th is A g re e m e n t s h a ll b e th e p ro p e rt y o f th e C ITY . 10 ) IN D E M N IF Y A N D H O L D H A R M L ES S .
a ) If A G R E E M E N T is a n a g re e m e n t fo r d e sig n p ro fe ssio n a l se rv ic e s su b je ct to C alifo rn ia C ivil C o d e § 2782.S{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 lndemnitees") 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.S{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 lndemnitees 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 lndemnitees.
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. 6 Revised 11 /15/2023
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12 ) LO C A L EM PLO YM EN T PO LI C Y. The C ITY desires w herever po ssible, to hire qualifi ed local re sid e nts to w o rk on ci ty proje cts. Local resid e nt is defi n e d as a pe rso n w ho resid es in Solano Co unty.
T he C IT Y enco u rages an active aff irm ative actio n prog ram on the part of its contracto rs, consu ltants, and d evelo pers. W hen lo cal pro je cts req uire, sub co ntractors, contracto rs, co nsu ltants an d deve lop ers w ill so lic it pro po sals fr o m qu alifi ed lo cal fi rm s w he re po ssible .
A s a w ay of respo nd in g to the pro visio ns of the D avis-Bacon A ct an d this pro gram , contractor, co n su ltants, an d develo pe rs w ill be asked, to pro vid e no m ore fr equ e ntly than m o nth ly, a rep ort w hic h lists the e m p lo yee's nam e, jo b cl ass, ho urs w o rked , salary paid , ci ty of resid ence, an d ethnic orig in . 13 ) C O N SU LTA N T N O T A PU B LI C O FFIC IA L. C O N SU LTA N T is no t a "public off ici al" fo r purpo ses of G o vern m e nt Co d e §§ 872 0 0 et se q . C O N SU LTA N T co nd u cts research an d arrives at his o r her co ncl usions, advic e, reco m m e ndatio n, o r co u n sel in de p end e nt of the co ntro l and direction of the CITY or any CITY off ici al, othe r than no rm al co ntract m o nito rin g . In ad d itio n, CO N SU LTA N T po ssesses no autho rity w ith re spect to any C ITY decisio n beyo nd these co ncl u sio ns, advice, recom m endatio n, or coun se l. 14 ) EM PLO YM EN T D EV ELO PM EN T D EPA R T M EN T R EPO RTIN G REQ U IR EM EN T S. W hen the CITY executes an agreem e nt fo r or m akes paym ent to C O N SU LTA N T in the am ount of $600 (six hu n dred do llars) o r m o re in any one cale nd ar year, C O N SU LTA N T shall pro vid e the fo llow in g info rm atio n to CITY to com ply w ith Em p lo ym e nt D evelo p m e nt D e p art m e nt (ED D ) rep ort ing req u irem e nts:
a) W hethe r C O N SU LTA N T is do ing busin e ss as a sole pro p rietorship, part ne rsh ip , lim ited liab ility part ne rship , co rpo ratio n, lim ited liab ility co rporation, non -p rofi t co rporatio n o r othe r fo rm of org an izatio n .
b) If C O N SU LTA N T is do ing busin ess as a so le pro p rietorship , C O N SU LTA N T shall provid e the full n am e, ad d ress and so ci al security num b er of the sole pro prie tor. c) If C O N SU LTA N T is do ing busin ess as othe r than a sole pro p rietorship , CO N SU LTA N T shall provide C O N SU LTA N T 'S fed eral tax id e ntifi catio n nu m b er. 7 Revised 11 /15/2023
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EXHIBIT "D"
INSURANCE REQUIREM ENTS
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. [81 Professional Liability Insurance/ Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
D Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$ _ D MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D Builder's Risk/ Course of Construction Insurance in the minimum amount of$ _ 3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers 8 Revised 11/15/2023
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liability and builder's risk policies) are to contain, or be endorsed to contain, the fo llow ing provisions:
i) The CITY , its officers, officials, em ployees and volunteers are to be covered as insureds as respect s: liability arising out of work or operations performed by or on behalf of the CONSULTANT; product s and com pleted 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 pro tect ion afforded to the CITY , its officers, officials, em ployees or volunteers. ii) For any claim s related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respect s the CITY , its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY , its offi cers, officials, em ployees or volunteers shall be excess oft he CONSULTANT'S insurance and shall not contribute with it. iii) Any fa ilure to com ply with report ing 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 w ritten notice by certified mail, return receipt requested, has been given to the CITY .
vi) The policy lim its of coverage shall be made available to the full limits ofthe policy. The minimum lim its stated above shall not serve to reduce the CONSULTANT'S policy limits of coverage.
Therefo re, the requirem ents fo r coverage and limits shall be (1) the minimum coverage and limits specified in this agreem ent, or (2) the bro ader coverage and maxim um limits of coverage of any insurance policy or proceeds available to the nam ed insured, whichever is greater. c) ACCEPTABILITY O F INSURER. Insurance is to be placed with insurers with a current A.M . Best's rating of no less than A:VII, unless otherw ise acceptable to the CITY .
VERIFICATIO N O F COVERAGE. CONSULTANT shall furn ish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsem ents are to be signed by a person authorized by that insurer to bind coverage on its behalf; on fo rms equivalent to CG 20 10 11 85, subject to CITY approval; and subm itt ed electronically thro ugh the Exigis insurance system to: certificates-fairfield@ riskworks.com.
All insurance certificates and endorsem ents are to be received and approved by the CITY befo re work com m ences. At the request of the CITY , CONSULTANT shall provide complete, certified copies of all required insurance policies, incl uding endorsem ents effect ing the coverage required by these specifications. d) SUB-CONTRACT O RS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirem ents of Exhibit D. Failure of CONSULTANTt o verify existence of sub- contract or's insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
9 Revised 11/15/2023
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CITY OF FAIRFIELD
RESOLUTION NO. 2024-27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR FISCAL YEARS 2024 AND 2025 CAPITAL IMPROVEMENT PROJECTS BETWEEN THE CITY OF FAIRFIELD AND CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. (CALA)
WHEREAS, the City requires the support of engineering firms to provide engineering design services for the preparation of plans, specifications and cost estimates for fiscal years 2024 and 2025 capital projects; and
WHEREAS, the City solicited a Request for Qualifications and conducted a competitive process resulting in qualifications-based selections for engineering firms to provide engineering design services; and
WHEREAS, Callander Associates Landscape Architecture, Inc. (CALA) has demonstrated the required technical qualifications and has been selected to provide professional engineering services for the Linear Park Node 4 Trail-North Texas Street to Dover Avenue Project.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield that certain agreement with CALA for an amount not-to-exceed $557,000 to provide engineering design services for the Linear Park Node 4 Trail – North Texas Street to Dover Avenue Project.
Section 2. The city manager is hereby authorized to do all things necessary to implement the above-mentioned agreement.
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RES. NO. 2024-27
PASSED AND ADOPTED this 20th day of February 2024, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
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PRO FESSIO N A L SER V IC ES A G R EEM EN T
THIS AGREEMENT is made at Fairfield, California, as of , 2024, by and between the City of Fairfield, a municipal corporation (the "CITY") and Callander Associates Landscape Architecture, Inc. ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit "A," which consists of the proposal submitted by CONSUL TANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit "A."
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.
CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit "C" are part of this -Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit 11D11 shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter lOB of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509).
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through 30 June 2025; or until the scope of work is completed.
9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Revised 11/15/2023
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Clean Fleets regulatio ns. Such vehicl es m ay therefo re be subject to requirem ents to red uce em issio ns of air pollutants. For m o re info rm atio n, please visit the CA R B A dvanced Clean Fleets w eb page at https://ww2.arb.ca.qov/our-work/proqrams/advanced-clean-f/eets 11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.
This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY's behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:
CITY Contact: Jason Riley
E-mail:
Address:
Telephone:
[email protected] .gov
1000 Webster Avenue, Third Floor, Fairfield, CA 94533
(707) 428-7481
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: Melissa Ruth
E-mail: [email protected]
12150 Tributary Point Dr. Suite 140,
Address: Gold River. CA 95670
Telephone: 916-985-4366
EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By: _
CONSULTANT
Revised 11/15/2023
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E x h ib it A
T h is a g r e e m e n t is a Ta s k O r d e r -b a s e d a g r e e m e n t fo r t h e fo llo w in g p ro je c t s w h ic h h a v e b e e n a s s ig n e d to t h e C O N S U LTA N T :
P ro je c t N a m e O r ig in a l D e s ig n B u d g e t Li n e a r P a r k N o d e T ra il - N o r t h Te x a s S t r e e t t o $5 5 7 ,0 0 0 D o v e r A v e n u e
T a s k O r d e r P r o p o s a ls e x c e e d in g t h e O r ig in a l D e s ig n B u d g e t w ill re q u ir e C it y C o u n c il a p p ro v a l o f a c a p it a l b u d g e t a m e n d m e n t fo r t h e s p e ci fi c p ro je c t a s w e ll a s t h e a u t h o r iz e d b u d g e t fo r th is A G R E E M E N T .
Ta s k O r d e r P ro c e s s
W h e n t h e C it y is re a d y t o in iti a t e a p ro je c t , t h e c it y w ill re q u e s t a Ta s k O r d e r P ro p o s a l fr o m th e co n s u lti n g fi r m b a s e d u p o n t h e p r e lim in a r y s c o p e o f w o r k a n d w ill n e g o ti a t e t h e s co p e o f w o r k , s c h e d u le o f d e liv e r a b le s , la b o r h o u r s a n d fe e fo r e a c h p ro je c t p r io r t o f u lly e x e c u ti n g t h e T a s k O r d e r . F o llo w in g f u ll e x e c u ti o n o f a Ta s k O r d e r, t h e C it y w ill is s u e a N o ti c e to P ro c e e d fo r e n g in e e r in g d e s ig n s e r v ic e s fo r t h e p ro je c t .
G e n e r a l S co p e o f W o r k
T h e p ro p o s e d s co p e o f w o r k g e n e r a ll y c o n s is t s o f fi v e t a s k a r e a s a s fo llo w s :
1 . Project Management & Coordination: services include, but are not limited to, internal project management, quality control, quality assurance, and coordination with regulatory agencies & utility companies.
2. Design: services include, but are not limited to, the following: conduct topographic survey; right-of-way resolution and preparation of grant deeds; and preparation of utility letters, plans, specifications and cost estimates for 35%, 65%, 95% and final design.
3. Environmental Compliance & Permitting: services include but are not limited to, preparing, submitting and obtaining all required permits and environmental review documentation required by Federal, State, local and jurisdictional agencies.
4. Bid Support: services include, but are not limited to, responding to questions concerning the plans, specifications and estimates as well as preparation of any necessary addenda.
5. Construction Support: services include, but are not limited to, attending construction meetings, reviewing technical submittals, responding to Requests for Information (RFls), assistance with preparation of contract change orders and preparation of record drawings.
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EXHIBIT "B"
PAYMENT
1) The total contract price for services rendered by CONSUL TANT under this Agreement shall not exceed $557,000, or as amended, in accordance with the hourly rates specified on the following page. 2) Payment shall be made to CONSULTANT on a time and materials basis. CONSULTANT shall submit monthly invoices to the CITY (at CITY Contact's attention) for the same. 3) Any additional meetings or work required beyond that set forth in each Task Order Proposal shall be mutually agreed to in writing by the CITY and CONSULTANT and shall be billed on a time and materials basis to the CITY (at the CITY Contact's attention). 4 Revised 11/15/2023
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S t a n d a r d S c h e d u le o f C o m p e n s a t io n 2 0 2 4 -2 0 2 6 G o ld R iv e r w w w .co llcm d1c'rm socio les.co m
Ii, :u•·:s ii
I, lu,.·11•.-
I iv•.,, \V, ,rl
( , 1111 .. - . I
GENERAL
The following list of fees and reimbursable expense items shall be used in the provision of services described in the agreement. These amounts shall be adjusted in January, upon issuance of an updated Standard Schedule of Compensation:
Hourly Rates
Principal
Senior Associate
Associate
Arborist /Construction Manager
Senior Project Manager
Project Manager l
Project Manager 2
Job Captain
Designer l
Designer 2
Assistant Designer
Accounting
Senior Project Administrator
Project Administrator
$220 - $238 /hour
$205 - $222 /hour
$190 - $206 /hour
$190 _ $206 /hour
$177 _ $191 /hour
$162 _ $175 /hour
$155 _ $168 /hour
$140 - $151 /hour
$130 - $141 /hour
$121 - $131 /hour
$108 - $117 /hour
$189 _ $221 /hour
$141 _ $165 /hour
$126 _ $147 /hour
Reim bursable Expenses Rates
Expenses
printing and reproductions, postage and
delivery, mileage, travel expenses (hotel/
food), testing and outside services, and other
project related expenses
Communications and Insurance Surcharge
Subconsultant Adm inistration
cost+ 15%
2.5% of total fees
l 0% of Subconsultant Costs
PAYMENTS
Payments are due within ten days after monthly billing. Callander Associates reserves the right to suspend services for non-payment if payment is not received within a period of 60 days after invoice date. Additionally invoices 60 days past due are subject to a 1.5% per month interest charge. Retainer amounts, if indicated, are due upon signing the agreement and shall be applied to the final invoice for the project.
26 / 2(,
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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.
CONSUL TANT 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 5 Revised 11/15/2023
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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 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 lndemnitees") 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 lndemnitees 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 CONSUL TANT 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 lndemnitees.
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. 6 Revised 11/15/2023
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12 ) LO C A L E M P LO Y M E N T P O LI C Y . T h e C IT Y d e sire s w h e re v e r p o s s ib le , to h ire q u a lifi e d lo c a l re sid e n ts to w o rk o n city p ro je cts. lo c a l re sid e n t is d e fi n e d as a p e rso n w h o re s id e s in S o la n o C o u n ty .
T h e C IT Y e n co u ra g e s an activ e affi rm a tiv e actio n p ro g ra m o n th e p a rt o f its co n tra c to rs, co n s u lta n ts, a n d d e v e lo p e rs. W h e n lo c a l p ro je cts re q u ire , su b c o n tra cto rs, co n tra c to rs, co n s u lta n ts an d d e v e lo p e rs w ill so li c it p ro p o sa ls fr o m q u a lifi e d lo c a l fi rm s w h e re p o ssib le .
A s a w a y o f re sp o n d in g to th e p ro v isio n s o f th e D a v is-B a c o n A ct a n d th is p ro g ra m , co n tra c to r, co n s u lta n ts, a n d d e v e lo p e rs w ill b e as k e d , to p ro v id e no m o re fr e q u e n tly th a n m o n th ly , a re p o rt w h ic h lists th e e m p lo y e e 's na m e , jo b cla ss, h o u rs w o rk e d , sa la ry p a id , ci ty o f re s id e n c e , a n d e th n ic o rig in . 13 ) C O N S U LT A N T N O T A P U B LI C O F F IC IA L. C O N S U L T A N T is n o t a "p u b lic o ffi c ia l" fo r p u rp o s e s o f G o v e rn m e n t C o d e §§ 8 72 0 0 et se q . C O N S U LT A N T co n d u cts re se a rc h a n d a rriv e s at h is o r h e r c o n cl u s io n s , ad v ic e , re co m m e n d a tio n , o r co u n se l in d e p e n d e n t o f th e co n tro l a n d d ire c tio n o f th e C IT Y o r a n y C ITY o ffi c ia l, o th e r th a n n o rm a l co n tra c t m o n ito rin g . In ad d itio n , C O N S U L T A N T p o s s e ss e s n o a u th o rity w ith re sp e ct to a n y C IT Y d e ci sio n b e y o n d th e se co n cl u sio n s, ad v ic e , re c o m m e n d a tio n , o r co u n s e l. 14 ) E M P LO Y M E N T D E V E L O P M E N T D E P A R T M E N T R E P O R T IN G R E Q U IR E M E N T S . W h e n th e C IT Y ex e cu te s an ag re e m e n t fo r o r m a k e s p a y m e n t to C O N S U LT A N T in th e a m o u n t o f $6 0 0 (s ix h u n d re d d o ll a rs ) o r m o re in an y o n e ca le n d a r y e a r, C O N S U LT A N T sh a ll p ro v id e th e fo llo w in g in fo rm a tio n to C IT Y to co m p ly w ith Em p lo y m e n t D e v e lo p m e n t D e p a rtm e n t (E D D ) re p o rtin g re q u ire m e n ts :
a) W h e th e r C O N S U LT A N T is d o in g b u sin e ss as a so le p ro p rie to rs h ip , p a rtn e rs h ip , lim ite d lia b ility p a rtn e rsh ip , co rp o ra tio n , lim ite d lia b ility co rp o ra tio n , n o n -p ro fi t c o rp o ra tio n o r o th e r fo rm o f o rg a n iz a tio n .
b ) If C O N S U LT A N T is d o in g b u sin e ss as a so le p ro p rie to rsh ip , C O N S U L T A N T sh a ll p ro v id e th e fu ll na m e , ad d re ss a n d so c ia l se c u rity n u m b e r o f th e so le p ro p rie to r. c) If C O N S U L T A N T is d o in g b u sin e ss as o th e r th a n a so le p ro p rie to rsh ip , C O N S U L T A N T sh a ll p ro v id e C O N S U L T A N T'S fe d e ra l ta x id e n tifi c a tio n n u m b e r. 7 Revised 11/15/2023
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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.
D Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$ _ D MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D Builder's Risk/ Course of Construction Insurance in the minimum amount of$ _ 3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers 8 Revised 11/15/2023
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lia b ility an d b u ild e r's risk p o lic ie s) are to co n ta in , o r b e e n d o rse d to co n ta in , th e fo llo w in g p ro v is io n s :
i) T h e C IT Y , its o ffi ce rs, o ff ic ia ls, e m p lo y e e s a n d vo lu n te e rs a re to b e co v e re d a s in s u re d s a s re sp e cts: lia b ility arisin g o u t o f w o rk o r o p e ra tio n s p e rfo rm e d b y o r o n b e h a lf o f th e C O N S U LT A N T ; p ro d u cts an d co m p le te d o p e ra tio n s o f th e C O N S U LT A N T ; p re m is e s o w n e d , o ccu p ie d o r use d b y th e C O N S U LT A N T ; a n d a u to m o b ile s o w n e d , le a s e d , h ire d o r b o rro w e d b y th e C O N S U LT A N T . T h e co v e rag e sh a ll co n ta in n o sp e ci a l lim ita tio n s o n th e sco p e o f p ro te c tio n aff o rd e d to th e C IT Y , its o ffi c e rs, o ffi c ia ls, e m p lo y e e s o r vo lu n te e rs. ii) Fo r an y cl a im s re la te d to th is p ro je ct, th e C O N S U LT A N T'S in su ra n c e co v e ra g e sh a ll b e p rim a ry in su ra n ce as re sp e cts th e C IT Y , its o ffi ce rs, o ff ic ia ls, e m p lo y e e s a n d v o lu n te e rs. A n y in s u ra n c e o r se lf-in su re d m a in ta in e d by th e C IT Y , its o ffi ce rs, o ff icia ls, e m p lo y e e s o r v o lu n te e rs sh a ll b e e x c e ss o f th e C O N S U LT A N T'S in su ra n c e an d sh a ll n o t co n trib u te w ith it. iii) A n y fa ilu re to co m p ly w ith re p o rtin g o r o th e r p ro v isio n s o f th e p o lic ie s in cl u d in g b re a c h e s o f w a rra n tie s sh a ll no t aff e ct co v e ra g e p ro v id e d to th e C IT Y , its o ff ic e rs, o ffi c ia ls, e m p lo y e e s o r v o lu n te e rs.
iv ) T h e C O N S U LT A N T'S in su ra n ce sh a ll a p p ly se p a ra te ly to e a c h in su re d ag a in st w h o m cla im is m a d e o r su it is b ro u g h t, ex ce p t w ith re sp e ct to th e lim its o f th e in su re r's lia b ility . v ) E a c h in su ra n ce po licy re q u ire d by th is cla u se sh a ll b e e n d o rse d to sta te th a t co v e ra g e sh a ll n o t b e su sp e n d e d , vo id e d , ca n c e le d b y e ith e r p a rty , re d u ce d in co v e ra g e o r in lim its e x c e p t a fte r th irty (3 0 ) d a y s' p rio r w ritt e n no tic e b y ce rtifi e d m a il, re tu rn re c e ip t re q u e ste d , h a s b e e n g iv e n to th e C IT Y .
v i) T h e po licy lim its o f co v e rag e sh a ll b e m a d e av a ila b le to th e fu ll lim its o f th e p o lic y . T h e m in im u m lim its sta te d ab o v e sh a ll no t se rv e to re d u ce th e C O N S U L T A N T'S p o lic y lim its o f co v e ra g e .
T h e re fo re , th e re q u ire m e n ts fo r co v e ra g e a n d lim its sh a ll b e (1 ) th e m in im u m co v e ra g e a n d lim its sp e cifi e d in th is ag re e m e n t, o r (2 ) th e b ro a d e r co v e ra g e a n d m a x im u m lim its o f co v e ra g e o f a n y in su ra n ce p o licy o r p ro ce e d s av a ila b le to th e n a m e d in su re d , w h ic h e v e r is g re a te r. c) A C C E P T A B ILI TY O F IN S U R ER . In s u ra n c e is to b e p la ce d w ith in su re rs w ith a c u rre n t A .M . B e s t's ra tin g of no le ss th a n A :V II , u n le ss o th e rw ise ac ce p ta b le to th e C IT Y .
V E R IF IC A T IO N O F C O V ER A G E . C O N S U LT A N T sh a ll fu rn ish th e C IT Y w ith o rig in a l e n d o rse m e n ts e ff e c tin g co v e rag e re q u ire d by th is Ex h ib it D . T h e e n d o rse m e n ts a re to b e sig n e d b y a p e rso n a u th o riz e d b y th a t in su re r to b in d co v e ra g e o n its b e h a lf; o n fo rm s e q u iv a le n t to C G 2 0 10 11 8 5 , su b je c t to C IT Y a p p ro v a l; an d su b m itte d e le ctro n ic a ll y th ro u g h th e E x ig is in su ra n c e sy ste m to : ce rtific a te s -fa irfie ld @ ris k w o rk s .co m .
A ll in su ra n ce ce rtifi ca te s an d e n d o rse m e n ts are to b e re ce iv e d a n d a p p ro v e d b y th e C ITY b e fo re w o rk co m m e n ce s. A t th e re q u e st o f th e C IT Y , C O N S U LT A N T sh a ll p ro v id e co m p le te , ce rt ifi e d co p ie s o f a ll re q u ire d in su ra n ce p o lic ie s, in cl u d in g e n d o rse m e n ts eff e ctin g th e co v e ra g e re q u ire d b y th e se sp e ci fi c a tio n s . d ) S U B -C O N TR A C T O R S . C O N S U LT A N T sh a ll re q u ire all su b co n tra c to rs to p ro c u re a n d m a in ta in in su ra n ce p o li c ie s su b je ct to th e re q u ire m e n ts o f E x h ib it D . Fa ilu re o f C O N S U L T A N T to v e rify e x iste n c e o f su b - co n tracto r's in su ra n ce sh a ll no t re lie v e C O N S U LT A N T fr o m a n y cl a im a risin g fr o m su b -co n tra c to rs w o rk o n b e h a lf o f C O N S U LT A N T .
9 Revised 11/15/2023
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CITY OF FAIRFIELD
RESOLUTION NO. 2024-28
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR FISCAL YEARS 2024 AND 2025 CAPITAL IMPROVEMENT PROJECTS BETWEEN THE CITY OF FAIRFIELD AND CAROLLO ENGINEERS, INC.
WHEREAS, the City requires the support of engineering firms to provide engineering design services for the preparation of plans, specifications and cost estimates for fiscal years 2024 and 2025 capital projects; and
WHEREAS, the City solicited a Request for Qualifications and conducted a competitive process resulting in qualifications-based selections for engineering firms to provide engineering design services; and
WHEREAS, Carollo Engineers, Inc. has demonstrated the required technical qualifications and has been selected to provide professional engineering services for the Water Pipeline Freeway Crossing Project.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield that certain agreement with Carollo Engineers, Inc. for an amount not-to-exceed $250,000 to provide engineering design services for the Water Pipeline Freeway Crossing Project.
Section 2. The city manager is hereby authorized to do all things necessary to implement the above-mentioned agreement.
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RES. NO. 2024-28
PASSED AND ADOPTED this 20th day of February 2024, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
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P R O F E S S IO N A L S E R V IC E S A G R E E M E N T THIS AGREEMENT is made at Fairfield, California, as of __, 2024, by and between the City of Fairfield, a municipal corporation (the "CITY") and Carollo Engineers, Inc. ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CON SU LT ANT shall provide to the CITY the services described in Exhibit "A," which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit "A."
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.
CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit "C" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509).
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through 30 June 2025; or until the scope of work is completed.
9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Revised 11/15/2023
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C le a n Flee ts regu latio n s. Su ch ve hicl e s m a y th e refo re be su b je ct to re q u ire m e n ts to re d u ce em issio n s of air po llu ta n ts. Fo r m o re info rm a tio n , p lease visit th e C A R B A d v a n ce d Cle a n Fle e ts w e b p ag e at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-f/eets 11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.
This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY's behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:
CITY Contact: Jason Riley
E-mail:
Address:
Telephone:
[email protected]
1000 Webster Avenue, Third Floor, Fairfield, CA 94533
(707) 428-7481
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: Jonathon P. Marshall
[email protected] E-mail:
Address:
Telephone:
2795 Mitchell Drive, Walnut Creek, CA 94598
925-932-1710
EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By: _
Revised 11/15/2023
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E x h ib it A
T h is a g re e m e n t is a Ta s k O rd e r-b a s e d a g re e m e n t fo r th e fo ll o w in g p ro je c ts w h ic h h a v e b e e n a s s ig n e d to t h e C O N S U LTA N T :
P ro je c t N a m e O rig in a l D e s ig n B u d g e t W a te r P ip e lin e F re e w a y C ro s s in g $250,000 Task Order Proposals exceeding the Original Design Budget will require City Council approval of a capital budget amendment for the specific project as well as the authorized budget for this AGREEMENT.
Task Order Process
When the City is ready to initiate a project, the city will request a Task Order Proposal from the consulting firm based upon the preliminary scope of work and will negotiate the scope of work, schedule of deliverables, labor hours and fee for each project prior to fully executing the Task Order. Following full execution of a Task Order, the City will issue a Notice to Proceed for engineering design services for the project.
General Scope of Work
The proposed scope of work generally consists of five task areas as follows:
1. Project M anagement & Coordination: services include, but are not limited to, internal project management, quality control, quality assurance, and coordination with regulatory agencies & utility companies.
2. Design: services include, but are not limited to, the following: conduct topographic survey; right-of-way resolution and preparation of grant deeds; and preparation of utility letters, plans, specifications and cost estimates for 35%, 65%, 95% and final design.
3. Environm ental Com pliance & Permitting: services include but are not limited to, preparing, submitting and obtaining all required permits and environmental review documentation required by Federal, State, local and jurisdictional agencies.
4. Bid Support: services include, but are not limited to, responding to questions concerning the plans, specifications and estimates as well as preparation of any necessary addenda.
5. Construction Support: services include, but are not limited to, attending construction meetings, reviewing technical submittals, responding to Requests for Information (RFls), assistance with preparation of contract change orders and preparation of record drawings.
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E X H IB IT "B "
P A Y M E N T
1) The total contract price for services rendered by CONSULTANT under this Agreement shall not exceed $250,000, or as amended, in accordance with the hourly rates specified on the following page. 2) Payment shall be made to CONSULTANT on a time and materials basis. CONSULTANT shall submit monthly invoices to the CITY (at CITY Contact's attention) for the same. 3) Any additional meetings or work required beyond that set forth in each Task Order Proposal shall be mutually agreed to in writing by the CITY and CONSULTANT and shall be billed on a time and materials basis to the CITY (at the CITY Contact's attention). 4 Revised 11/15/2023
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C a ro llo 's fe e s c h e d u le p ro v id e d b e lo w in cl u d e s h o u r ly b ill ra t e s fo r e a c h m e m b e r o f t h e p r o je c t t e a m . P e r m ile t ra v e l c o s t s a n d a n y o t h e r d ir e c t o r in d ir e c t c o s t s a r e lis t e d , in cl u d in g c o s t s fo r m a t e r ia ls a n d s u b c o n t r a c t e d s e r v ic e s f o r C a ro llo E n g in e e r s .
C arollo Engineers, Inc.
Fee Schedule
As of January 1, 2023
California
Hourly Rate
Engineers/Scientists
Assistant Professional
Professional
Project Professional
Lead Project Professional
Senior Professional
$214.00
263.00
311.00
330.00
349.00
Technicians
Technicians 161.00
Support Staff
Project Equipment Communication Expense
(PECE) Per DL Hour 14.00
Other Direct Expenses
Travel and Subsistence
Mileage at IRS Reimbursement Rate
Effective January 1, 2023
Su bconsulta nt
Other Direct Cost
Expert Witness
at cost
$.655 per mile
cost+ 10%
cost+ 10%
Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustm ents.
CAROLLO / QUALIFICATIONS / NOVEMBER 2023
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25 Packet Page 93 of 423Attachment 6 Page 5 of 11
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 5 Revised 11/15/2023
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t o c e a s e w o r k o n t h e p r o j e c t. C O N S U L T A N T s h a ll b e e n t it le d t o n o f u rt h e r c o m p e n s a t io n fo r w o r k p e rf o r m e d a ft e r t h e d a t e o f r e c e ip t o f w r it t e n n o t ic e t o c e a s e w o r k . A ll c o m p le t e d a n d in c o m p le t e p ro d u c t s u p t o t h e d a t e o f r e c e ip t o f w r itt e n n o t ic e t o c e a s e w o r k s h a ll b e c o m e t h e p ro p e rt y o f C ITY . 9 ) P R O D U CT S O F C O N S U L T IN G . A ll p r o d u c t s o f t h e C O N S U L T A N T p ro v id e d u n d e r t h is A g r e e m e n t s h a ll b e t h e p ro p e rt y o f t h e C ITY . 1 0 ) IN D E M N IF Y A N D H O L D H A R M L E S S .
a ) If A G R E E M E N T is a n a g r e e m e n t fo r d e s ig n p r o f e s s io n a l s e rv ic e s s u b je c t t o C a lifo rn ia C iv il C o d e § 2 7 8 2 .S (a ) a n d C O N S U L T A N T is a d e s ig n p ro f e s s io n a l, a s d e fi n e d in C a lifo rn ia C iv il C o d e § 2 7 8 2 .8 (c )(2 ), t o t h e f u ll e s t e x t e n t p e r m itt e d b y la w , C O N S U L T A N T s h a ll in d e m n ify , d e f e n d a n d h o ld h a r m le s s C ITY a n d it s e le c t e d o ff ic ia ls , o ff ic e r s , a g e n t s , e m p lo y e e s a n d d e s ig n a t e d v o lu n t e e r s (c o ll e c t iv e ly "C ITY ln d e m n it e e s ") fr o m a n d a g a in s t a n y a n d a ll cl a im s , lo s s e s , lia b ilit ie s , d a m a g e s , c o s t s a n d e x p e n s e s , in cl u d in g a t t o rn e y 's f e e s a n d c o s t s , t o t h e e x t e n t t h e y a r is e o u t o f, p e rt a in t o , o r r e la t e t o t h e n e g lig e n c e , r e c k le s s n e s s , o r w ill f u l m is c o n d u c t o f t h e C O N S U L T A N T . C O N S U L T A N T's d u t y t o d e f e n d s h a ll c o n s is t o f r e im b u r s e m e n t o f d e f e n s e c o s t s in c u r r e d b y C ITY in d ir e c t p ro p o rt io n t o t h e C O N S U L T A N T 's p ro p o rt io n a t e p e r c e n t a g e o ff a u lt . C O N S U L T A N T 's p e r c e n t a g e o f fa u lt s h a ll b e d e t e r m in e d , a s a p p li c a b le , b y a c o u rt o f la w , j u r y o r a r b it r a t o r . In t h e e v e n t a n y lo s s , lia b ili t y o r d a m a g e is in c u r r e d b y w a y o f s e t t le m e n t o r r e s o lu t io n w it h o u t a c o u rt , j u ry o r a r b it r a t o r h a v in g m a d e a d e t e r m in a t io n o f t h e C O N S U LT A N T 's p e r c e n t a g e o f fa u lt , t h e p a rt ie s a g r e e t o m e d ia t io n w it h a t h ir d p a rt y n e u t r a l t o d e t e r m in e t h e C O N S U L T A N T's p ro p o rt io n a t e p e r c e n t a g e o f fa u lt fo r p u r p o s e s o f d e t e r m in in g t h e a m o u n t o f in d e m n it y a n d d e f e n s e c o s t r e im b u r s e m e n t o w e d t o t h e C ITY . b ) If A G R E E M E N T is n o t a n a g r e e m e n t fo r d e s ig n p ro f e s s io n a l s e rv ic e s s u b je c t t o C a lifo rn ia C iv il C o d e § 2 7 8 2 .S (a ) o r C O N S U L T A N T is n o t a d e s ig n p r o f e s s io n a l a s d e fi n e d in C a li fo rn ia C iv il C o d e § 2 7 8 2 .8 (c )(2 ), t o t h e f u ll e s t e xt e n t a ll o w e d b y la w , C O N S U LT A N T s h a ll in d e m n ify , d e f e n d , a n d h o ld h a r m le s s t h e C ITY ln d e m n it e e s fr o m a ll cl a im s , s u it s , o r a c t io n s o f e v e ry n a m e , k in d a n d d e s c r ip t io n , b r o u g h t fo rt h o n a c c o u n t o f in j u r ie s t o o r d e a t h o f a n y p e r s o n o r d a m a g e t o p ro p e rt y a r is in g fr o m o r c o n n e c t e d w it h t h e w ill f u l m is c o n d u c t , n e g li g e n t a c t s , e r r o r s o r o m is s io n s , u lt r a -h a z a r d o u s a c t iv it ie s , a c t iv it ie s g iv in g r is e t o s t r ic t li a b ilit y , o r d e f e c t s in d e s ig n b y C O N S U L T A N T o r a n y p e r s o n d ir e c t ly o r in d ir e c t ly e m p lo y e d b y o r a c t in g a s a g e n t fo r C O N S U L T A N T in t h e p e rf o r m a n c e o f t h is A g r e e m e n t , in cl u d in g t h e c o n c u r r e n t o r s u c c e s s iv e p a s s iv e n e g lig e n c e o f t h e C ITY ln d e m n it e e s .
It is u n d e r s t o o d t h a t t h e d u t y o f C O N S U L T A N T t o in d e m n ify a n d h o ld h a r m le s s in cl u d e s t h e d u t y t o d e f e n d a s s e t fo rt h in S e c t io n 2 77 8 o f t h e C a lifo rn ia C iv il C o d e .
A c c e p t a n c e o f in s u r a n c e c e rt ifi c a t e s a n d e n d o r s e m e n t s r e q u ir e d u n d e r t h is A g r e e m e n t d o e s n o t r e li e v e C O N S U LT A N T fr o m lia b ilit y u n d e r t h is in d e m n ifi c a t io n a n d h o ld h a r m le s s cl a u s e . T h is in d e m n ifi c a t io n a n d h o ld h a r m le s s cl a u s e s h a ll a p p ly w h e t h e r o r n o t s u c h in s u r a n c e p o li ci e s a r e d e t e r m in e d t o b e a p p li c a b le t o a n y s u c h d a m a g e s o r cl a im s fo r d a m a g e s .
C O N S U LT A N T 'S r e s p o n s ib ilit y fo r s u c h d e f e n s e a n d in d e m n it y s h a ll s u rv iv e t e r m in a t io n o r c o m p le t io n o f t h is a g r e e m e n t fo r t h e f u ll p e r io d o f t im e a ll o w e d b y la w . 1 1 ) P R O H IB IT E D IN T E R E S T S . N o e m p lo y e e o f t h e C ITY s h a ll h a v e a n y d ir e c t fi n a n ci a l in t e r e s t in t h is a g r e e m e n t . T h is a g r e e m e n t s h a ll b e v o id a b le a t t h e o p t io n o f t h e C ITY if t h is p ro v is io n is v io la t e d . 6 Revised 11/15/2023
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1 2 ) L O C A L E M P L O Y M E N T P O LI C Y . T h e C ITY d e s ir e s w h e r e v e r p o s s ib le , to h ir e q u a lifi e d lo c a l re s id e n t s t o w o r k o n c it y p r o je c t s . L o c a l r e s id e n t is d e fi n e d a s a p e r s o n w h o re s id e s in S o la n o C o u n t y .
T h e C ITY e n c o u r a g e s a n a c t iv e a ff ir m a t iv e a c t io n p ro g r a m o n t h e p a rt o f it s c o n t ra c to r s, c o n s u lt a n t s , a n d d e v e lo p e r s . W h e n lo c a l p ro je c t s re q u ir e , s u b co n t r a c t o r s , c o n t ra c t o r s , c o n s u lt a n t s a n d d e v e lo p e r s w ill s o lici t p r o p o s a ls fr o m q u a lifi e d lo c a l fi r m s w h e r e p o s s ib le .
A s a w a y o f re s p o n d in g to t h e p ro v is io n s o f t h e D a v is -B a c o n A c t a n d t h is p ro g ra m , c o n t r a c t o r , c o n s u lt a n t s , a n d d e v e lo p e r s w ill b e a s k e d , t o p ro v id e n o m o re fr e q u e n t ly t h a n m o n t h ly , a re p o rt w h ic h lis t s t h e e m p lo y e e 's n a m e , jo b cl a s s , h o u r s w o r k e d , s a la ry p a id , c it y o f re s id e n c e , a n d e t h n ic o r ig in . 13 ) C O N S U L T A N T N O T A P U B LI C O F F IC IA L. C O N S U L T A N T is n o t a "p u b li c o ff ici a l" fo r p u r p o s e s o f G o v e rn m e n t C o d e §§ 8 72 0 0 e t s e q . C O N S U LT A N T c o n d u c t s re s e a r c h a n d a r r iv e s a t h is o r h e r c o n cl u s io n s , a d v ic e , re c o m m e n d a t io n , o r c o u n s e l in d e p e n d e n t o f t h e c o n t ro l a n d d ir e c t io n o f t h e C ITY o r a n y C ITY o ff ici a l, o t h e r t h a n n o r m a l c o n t r a c t m o n it o r in g . In a d d it io n , C O N S U L T A N T p o s s e s s e s n o a u t h o r it y w it h re s p e c t t o a n y C ITY d e c is io n b e y o n d t h e s e c o n cl u s io n s , a d v ic e , re c o m m e n d a t io n , o r c o u n s e l. 1 4 ) E M P L O Y M E N T D E V E L O P M E N T D E P A R T M E N T R E P O R T IN G R E Q U IR E M E N T S . W h e n t h e C ITY e x e c u t e s a n a g r e e m e n t fo r o r m a k e s p a y m e n t t o C O N S U L TA N T in t h e a m o u n t o f $6 0 0 (s ix h u n d r e d d o ll a r s ) o r m o r e in a n y o n e c a le n d a r y e a r , C O N S U L T A N T s h a ll p ro v id e t h e fo ll o w in g in fo r m a t io n to C ITY to c o m p ly w it h E m p lo y m e n t D e v e lo p m e n t D e p a rt m e n t (E D D ) re p o rt in g re q u ir e m e n t s :
a ) W h e t h e r C O N S U L T A N T is d o in g b u s in e s s a s a s o le p ro p r ie t o r s h ip , p a rt n e r s h ip , li m it e d li a b ilit y p a rt n e r s h ip , c o r p o r a t io n , li m it e d lia b ilit y c o r p o r a t io n , n o n -p r o fi t c o r p o r a t io n o r o t h e r fo r m o f o r g a n iz a t io n .
b ) If C O N S U L T A N T is d o in g b u s in e s s a s a s o le p ro p r ie t o r s h ip , C O N S U L T A N T s h a ll p ro v id e t h e f u ll n a m e , a d d r e s s a n d s o ci a l s e c u r it y n u m b e r o f t h e s o le p ro p r ie t o r . c ) If C O N S U L T A N T is d o in g b u s in e s s a s o t h e r t h a n a s o le p ro p r ie t o r s h ip , C O N S U L T A N T s h a ll p ro v id e C O N S U LT A N T 'S fe d e r a l ta x id e n t ifi c a t io n n u m b e r . 1 5 ) C ITY -P R O V ID ED IN FO R M AT IO N A N D S E R V IC E S . U p o n re q u e s t , t h e C ITY s h a ll f u rn is h to C O N S U L T A N T , a s is re a s o n a b ly p r a c t ic a b le , a v a ila b le st u d ie s , re p o rt s a n d o t h e r d a t a p e rt in e n t to C O N S U L T A N T's s e rv ic e s ; o b t a in o r a u t h o r iz e C O N S U L T A N T t o o b t a in o r p ro v id e a d d it io n a l re p o rt s a n d d a t a a s n e e d e d ; w it h p r io r a p p ro v a l in w r it in g , re im b u r s e C O N S U L T A N T fo r s e rv ic e s o f o t h e r s re q u ir e d fo r t h e p e rf o r m a n c e o f C O N S U L T A N T's s e rv ic e s h e r e u n d e r , a n d C O N S U L T A N T s h a ll a t it s so le ris k a n d d is c r e t io n b e e n t it le d t o u s e a n d re a s o n a b ly r e ly u p o n a ll s u c h in fo r m a t io n a n d s e rv ic e s p ro v id e d b y t h e C ITY in p e rf o r m in g C O N S U LT A N T's s e rv ic e s u n d e r t h is A g re e m e n t . 1 6 ) A C C E S S . T h e C ITY s h a ll a r r a n g e fo r a c c e s s t o a n d m a k e a ll p ro v is io n s fo r C O N S U LT A N T t o e n t e r u p o n p u b li c a n d p r iv a t e p ro p e rt y a s re q u ir e d fo r C O N S U L T A N T t o p e rf o r m s e rv ic e s h e r e u n d e r . 1 7 ) E S T IM AT E S A N D P R O J E CT IO N S . In p ro v id in g o p in io n s o f c o s t , fi n a n c ia l a n a ly s e s , e c o n o m ic fe a s ib ilit y p ro je c t io n s , s c h e d u le s , a n d q u a n t ity a n d /o r q u a li t y e s t im a t e s fo r p o t e n t ia l p ro je c t s , C O N S U L T A N T h a s n o c o n t ro l o v e r c o s t o r p r ic e o f la b o r a n d m a t e r ia l; u n k n o w n o r la t e n t c o n d it io n s o f e x is t in g e q u ip m e n t o r s t r u c t u r e s t h a t m a y a ff e c t o p e r a t io n a n d m a in t e n a n c e c o s t s ; c o m p e t it iv e b id d in g p ro c e d u r e s a n d m a r k e t c o n d it io n s ; t im e o r q u a li t y o f p e rf o r m a n c e o f t h ir d p a rt ie s ; q u a li t y , ty p e , m a n a g e m e n t , o r d ir e c t io n o f o p e r a t in g p e r s o n n e l; t h e in c o m in g w a t e r q u a li t y a n d /o r q u a n t it y ; t h e w a y 7 Revised 11/15/2023
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t h e C ITY 's p la n t (s ) a n d /o r a s s o ci a t e d p ro c e s s e s a r e o p e r a t e d a n d /o r m a in t a in e d ; a n d o t h e r e c o n o m ic a n d o p e r a t io n a l fa c t o r s t h a t m a y m a t e r ia ll y a ff e c t t h e u lt im a t e p r o je c t e le m e n t s , in cl u d in g , b u t n o t lim it e d to , c o s t o r s c h e d u le . T h e r e fo r e , C o n s u lt a n t m a k e s n o w a r r a n t y t h a t t h e C ITY 's a c t u a l p r o je c t c o s t s , fi n a n ci a l a s p e c t s , e c o n o m ic f e a s ib ili t y , s c h e d u le s , a n d /o r q u a n t it ie s o r q u a li t y re a liz e d w ill n o t v a ry fr o m C O N S U L T A N T's o p in io n s , a n a ly s e s , p r o je c t io n s , o r e s t im a t e s . 1 8 ) W A R R A N T IE S A N D G U A R A N T E E S . C O N S U L T A N T s h a ll n o t b e re s p o n s ib le fo r b r e a c h o f fi d u ci a r y d u t y o r lo s s o f a n t ic ip a t e d p r o fi t s fo r e c o n o m ic , in ci d e n t a l, li q u id a t e d , o r c o n s e q u e n t ia l d a m a g e s to t h e C ITY o r a n y t h ir d p a rt y . A d d it io n a ll y , C O N S U L TA N T s h a ll n o t b e re s p o n s ib le fo r a c ts a n d d e ci s io n s o f t h ir d p a rt ie s , in cl u d in g g o v e rn m e n t a l a g e n ci e s , o t h e r t h a n C O N S U L T A N T 's s u b c o n s u lt a n t s o r s u b c o n t r a c t o r s , t h a t im p a c t p ro je c t c o m p le t io n a n d /o r s u c c e s s . 1 9 ) T H IR D P A R T IE S . T h e s e rv ic e s t o b e p e rf o r m e d b y C O N S U L T A N T a r e in t e n d e d so le ly fo r t h e b e n e fi t o f t h e C ITY . N o t w it h s t a n d in g t h e re q u ir e m e n t s in S e c t io n 10 , n o p e r s o n o r e n t it y n o t a s ig n a t o ry t o t h is A g r e e m e n t s h a ll b e e n t it le d t o re ly o n C O N S U LT A N T's p e rf o r m a n c e o f it s s e rv ic e s h e r e u n d e r, a n d n o rig h t t o a s s e rt a cl a im a g a in s t C O N S U L T A N T b y a s s ig n m e n t o f in d e m n it y rig h t s o r o t h e rw is e s h a ll a c c r u e to a t h ir d p a rt y a s a re s u lt o f t h is A g r e e m e n t o r t h e p e rf o r m a n c e o f C O N S U L T A N T's se rv ic e s h e r e u n d e r . 8 Revised 11/15/2023
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E X H IB IT "D "
IN S U RA N C E R E Q U IR E M E N T S
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.
D Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime / Dishonesty Bond in the minimum amount of$ _ D MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D Builder's Risk/ Course of Construction Insurance in the minimum amount of$ _ 3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers 9 Revised 11/15/2023
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li a b ility a n d b u ild e r's ris k p o lici e s ) a re to co n ta in , o r b e e n d o rse d to co n ta in , th e fo ll o w in g p ro v isio n s:
i) T h e C ITY , its o ff ic e rs, o ff ici a ls , e m p lo y e e s a n d v o lu n te e rs a re to b e co v e re d a s in su re d s a s re s p e c ts : lia b ility a r is in g o u t o f w o rk o r o p e ra tio n s p e rf o rm e d b y o r o n b e h a lf o f th e C O N S U LT A N T ; p ro d u c ts a n d co m p le te d o p e ra tio n s o f th e C O N S U LT A N T ; p re m ise s o w n e d , o c c u p ie d o r u s e d b y th e C O N S U LT A N T ; a n d a u to m o b ile s o w n e d , le a s e d , h ire d o r b o rro w e d b y th e C O N S U L T A N T . T h e co v e ra g e sh a ll co n ta in n o sp e ci a l lim ita tio n s o n th e sco p e o f p ro te ctio n a ff o rd e d to th e C ITY , its o ff ic e rs, o ff ici a ls, e m p lo y e e s o r v o lu n te e rs. 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.
10 Revised 11/15/2023
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CITY OF FAIRFIELD
RESOLUTION NO. 2024-29
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR FISCAL YEARS 2024 AND 2025 CAPITAL IMPROVEMENT PROJECTS BETWEEN THE CITY OF FAIRFIELD AND CONSOR NORTH AMERICA, INC.
WHEREAS, the City requires the support of engineering firms to provide engineering design services for the preparation of plans, specifications and cost estimates for fiscal years 2024 and 2025 capital projects; and
WHEREAS, the City solicited a Request for Qualifications and conducted a competitive process resulting in qualifications-based selections for engineering firms to provide engineering design services; and
WHEREAS, Consor North America, Inc. has demonstrated the required technical qualifications and has been selected to provide professional engineering services for the Peabody Road Widening-Air Base Parkway to Huntington Drive Project and the Water Distribution Valve Replacements Project.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield that certain agreement with Consor North America, Inc. for an amount not-to-exceed $815,000 to provide engineering design services for the Peabody Road Widening – Air Base Parkway to Huntington Drive and Water Distribution Valve Replacements Projects.
Section 2. The city manager is hereby authorized to do all things necessary to implement the above-mentioned agreement.
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RES. NO. 2024-29
PASSED AND ADOPTED this 20th day of February 2024, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
Packet Page 101 of 423Attachment 7 Page 2 of 2
P R O F E S S IO N A L S E R V IC E S A G R EE M E N T
THIS AGREEMENT is made at Fairfield, California, as of , 2024, by and between the City of Fairfield, a municipal corporation (the "CITY") and Consor North America, Inc. ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit "A," which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit "A."
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.
CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit "C" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509).
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through 30 June 2025; or until the scope of work is completed.
9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Revised 11/15/2023
Packet Page 102 of 423Attachment 8 Page 1 of 18
C lean Fle ets reg u latio n s. Such ve h icle s m a y th e refo re be su b je ct to re q u ire m e n ts to re d u c e em issio n s of air po llutants. Fo r m o re info rm atio n , ple ase visit th e C A R B A d v an ce d C le a n Fle e ts w e b p ag e at https://ww2.arb.ca.qov/our-work/proqrams/advanced-clean-f/eets 11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.
This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY's behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:
CITY Contact: Jason Riley
E-mail: [email protected]
Address: 1000 Webster Avenue, Third Floor, Fairfield, CA 94533 Telephone: (707) 428-7481
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: Michele Johnson
E-mail:
Address:
Telephone:
[email protected]
2950 Buskirk Ave, Ste 122, Walnut Creek, CA 94597
925-433-6887
EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By: _
CONSULTANT
I/ 17 /202+ I 5:52:56 P:\l l·SJ'
District Manager Revised 11/15/2023
Packet Page 103 of 423Attachment 8 Page 2 of 18
Exhibit A
This agreem ent is a Task O rder-based agreem ent fo r the fo llow ing pro jects w hich have be en assigned to the CO N SU LTA N T:
Pro ject Nam e O riginal D esign Budget
Peabody Road W idening -A ir Base Parkw ay $490,000
to H unti ngton D rive
W ater D istributi o n V alve Replacem ents $325,000
Task O rder Pro posals exceeding the O riginal Design Budget w ill require City Council ap pro val of a cap ital budget am endm ent fo r the specifi c project as w ell as the autho rized budget fo r th is A G REEM EN T.
Task O rder Pro cess
W hen the City is ready to initi ate a pro ject, the city w ill request a Task O rder Pro posal fr o m th e consulti ng firm based upo n the prelim inary scope of w o rk and w ill negoti ate the sco pe of w ork, schedule of deliverables, labo r ho urs and fee fo r each pro ject prio r to fully executi ng the Task O rder. Follow ing full executi o n of a Task O rder, the City w ill issue a N oti ce to Pro ceed fo r engineering design services fo r the pro ject.
G eneral Sco pe of W ork
The pro posed sco pe of w ork generally co nsists of five task areas as fo llow s:
1. Project Management & Coordination: services include, but are not limited to, internal project management, quality control, quality assurance, and coordination with regulatory agencies & utility companies.
2. Design: services include, but are not limited to, the following: conduct topographic survey; right-of-way resolution and preparation of grant deeds; and preparation of utility letters, plans, specifications and cost estimates for 35%, 65%, 95% and final design.
3. Environmental Compliance & Permitting: services include but are not limited to, preparing, submitting and obtaining all required permits and environmental review documentation required by Federal, State, local and jurisdictional agencies.
4. Bid Support: services include, but are not limited to, responding to questions concerning the plans, specifications and estimates as well as preparation of any necessary addenda.
5. Construction Support: services include, but are not limited to, attending construction meetings, reviewing technical submittals, responding to Requests for Information (RFls), assistance with preparation of contract change orders and preparation of record drawings.
Packet Page 104 of 423Attachment 8 Page 3 of 18
EXHIBIT "B"
PAYMENT
1) The total contract price for services rendered by CONSULTANT under this Agreement shall not exceed $815,000, or as amended, in accordance with the hourly rates specified on the following page. 2) Payment shall be made to CONSULTANT on a time and materials basis. CONSULTANT shall submit monthly invoices to the CITY (at CITY Contact's attention) for the same. 3) Any additional meetings or work required beyond that set forth in each Task Order Proposal shall be mutually agreed to in writing by the CITY and CONSULTANT and shall be billed on a time and materials basis to the CITY (at the CITY Contact's attention). 4 Revised 11/15/2023
Packet Page 105 of 423Attachment 8 Page 4 of 18
Ho urly Rates
Consor
City of Fairfield Engineering Design Services for FY24/FY25 Capital Improvement Projects
Year 2023 Agreed Rates
Rates arc effective January I, 2023 through December 31, 2023 Labor by Classification Hourly Rate
Principal Engineer
Senior Engineer
Associate Engineer
Engineering Designer I
Engineering Designer II
Engineering Designer IV
Engineering Designer VII
Engineeering Designer IX
Professional Engineer
CAD Manager
CAD Tech*
Student Intern*
$330
$290
$220
$150
$165
$175
$204
$220
$210
$185
$135
$75
Senior Project Manager
Project Manager I
Project Manager Assistant*
Administrative Assistant"
$250
$310
$130
$120
Surveying - Office Classifications
Survey Manager
Project Surveyor
$275
$170
Surveying - Field Classifications
Party Chief"
Chainman/Rodman*
$180
$150
Other Direct Costs
Office Computer & Software
Office Phone/Cell/Fax
Reproduction
In office
Vendor
Delivery
Mileage
Other Travel
Subconsultants
Short Term Per Diem
Long Term Per Diem
Prevailing Wage**
Miscellaneous
Other Direct Costs
Included in Overhead
Included in Overhead
up to
up to
Included in Overhead
Cost
Cost
Current Federal Rate ($0.655/mi.)
Cost
Cost
$180
$120
loaded with overhead and fee
Cost
Cost
Notes:
"Overtime rates apply to these classifications and will typically be charged at 1.5 times the hourly rate **Prevailing Wage may apply for Construction Inspection and Surveying Services Other Direct Costs to be invoiced at actual cost plus fee.
All rates subject to an annual escalation of up to 5% per year Engmeering Design Services for FY24/FY25 Capital improvement Projects • City of Fairfield • November 2023 • 69 Packet Page 106 of 423Attachment 8 Page 5 of 18
(@ circlepoint
2023 TIME & MATERIALS FEE SCHEDULE*
I. Professional services will be rendered based on the following hourly rates:
Senior Executive Principal $315
Senior Managing Principal $305
Managing Principal $290
Principal $285
Associate Principal $225
Senior Project Manager $198
Project Manager $185
Senior Associate $150
Associate $128
Assistant/Coordinator $108
II. Creative services will be rendered based on the following hourly rates:
Senior Art Director
Art Director
Senior Web/Graphic Designer
Web/Graphic Designer
Ill. Supportive services will be rendered based on the following hourly rates:
Project Accountant
Administrative Support
$180
$166
$152
$122
$148
$128
IV. Provision of related services and reimbursable expenses will be charged to the client as follows:
Black and White Prints/Copies, In House
Color Prints/Copies, In House
Translation
Interpretation
Phone/Postage
Mileage
Online Surveys
Project Email Account
Eblasts
Web Hosting
Domain
SSL Certificate
Vendor & Subconsultant Services
AV/Equipment Rental
$0.20+ per page, depending on paper size
$1.89-$3.49 per page, depending on paper size
$0.27-$0.54 per word, depending on language
$150-$250 per hour
at cost
Per IRS Standard Mileage Rate
$60 each
at cost
$20 each
$300 per year
$20-25 per year
$75 per year
12% mark up for administration
at cost
V. Expert witness testimony or technical assistance on legal matters shall be provided at the rate of $350 per hour of witness and preparation time.
* Rates are effective through December 31, 2023, and subject to escalation in January 2024.
Engmeerrng Design Services for FY24/FY25 Capital Improvement Projects • City of Fairfield • i\iovember 2023 • 70 Packet Page 107 of 423Attachment 8 Page 6 of 18
D K S A s s o c ia te s
Proposed Team Member Proposed Role Base Hourly Rate
David Mahama Pri nci pa 1-i n-Cha rge
Meron Shiferaw Contract Manager/Project Manager
Gurbir Antaal Electrical Design Task Lead
Brian Cruz Project Engineer
Stephanie Lopez Project Engineer
Haruka Ichikawa Project Engineer
Josh Pilachowski Support for As-Needed Traffic Studies
Erin Vaca Support for As-Needed Traffic Studies
$315
$235
$225
$215
$195
$195
$230
$265
Description of Other Direct Cost Cost
Transportation (mileage rate per mile)
Reproduction through outside services
$0.655
Cost plus 10% for service and handling
Delivery/postage Cost plus 10% for service and handling Vendor and subcontractor services Billed at cost
Subsistence Cost plus 10% for service and handling
Engineering Design Services for FY24/FY25 Capital Improvement Projects • City of Fairfield • November 2023 • 71 Packet Page 108 of 423Attachment 8 Page 7 of 18
F R I S C H E N G I N E E R I N G , IN C .
Consulting Electrical Engineers
13405 Folsom Blvd,. Unit 600
Folsom, CA 95630
The following rates apply to hourly engineering services for design, studies, inspections, programming, testing, and management. All services will be invoiced monthly per the rate schedule:
Name
Thomas Frisch, PE
Michael Frisch, P.E.
Thomas Frisch, PE
Michael Frisch, P.E.
Martin Yarbrough
Mike Rogers
Nigel Wakefield
Nik Conant
Brian Woodin
Various Staff
FRISCH ENGINEERING INC.
2024 RATE SCHEDULE
Title
Principal Electrical Engineer
Senior Programmer
(Field work, meetings, work
review)
Senior Electrical Engineer
Senior Programmer
(Office work)
Senior Electrical Designer
Senior Programmer
Junior Electrical Designer
Junior Programmer
Phone 916.353.1025
Hourly Rate
$250 per hour
$235 per hour
$205 per hour
$185 per hour
Associate Electrical Designer $140 per hour
The above hourly rates include overhead costs such as: travel via owned vehicle for on-site work, telephone, photocopies, computer costs, copying, and insurance.
The hourly rates do not include expenses such as rental equipment, airline tickets, rental vehicles, lodging, non-incidental photocopying and materials. Miscellaneous expenses will be billed at cost + 10% as expressly listed in the project's scope of work.
Rate escalation of 5% per hour is scheduled for next January 1 and each anniversary thereafter.
Frisch Engineering, Inc. has $1 M general liability insurance, $1 M auto liability insurance, $5M umbrella liability insurance, State required workers' compensation insurance, and $3M/5M professional liability insurance.
Eng in e e rm g D e sig n Se rvice s fo r FY24 /FY25 Cap ital Im p ro vem ent Projects • City of Fairfield • Novem ber 2023 • 72 Packet Page 109 of 423Attachment 8 Page 8 of 18
F E E S C H E D U L E
EF FECTIVE THRO U GH DECEM BER 2023
STAFF CATEGORY 2023
Project Manager
Sr. Project Engineer/QA QC Manager
Senior Geologist
Sr. Project Engineer/Geologist
Project Engineer
Project Geologist
Sr. Staff Engineer/PE
Staff Engineer
Field Engineer/Geologist
Senior Technician
Lab Technician
Drafting/Cadd Tech
Contract Administration
Field Engineer/Prevailing Wage
$ 295 - $ 350
$ 220 - $ 255
$ 185 - $ 245
$ 185 - $ 235
$ 170 - $195
$ 160 - $ 175
$ 130-$150
$ 125 - $ 145
$ 150 -$ 175
$ 120 - $ 140
$120-$ 130
$ 120 - $ 145
$ 220 -$ 250
TBD *
CONSTRUCTION PHASE:
All time spent over 8 hours per day and Saturdays for field personnel will be charged at 1.5 times the hourly rate. Sunday work will be charged at twice the hourly rate. All charges are portal-to- portal and mileage will be charged at 55.5 cents per mile. Field time, including travel time, will be charged in a two-hour increment. Any chargeable time that falls in between these increments will be charged at the rate of the next two-hour increment. Prevailing wages will dictate the field rates wherever applicable.
OUTSIDE SERVICES:
Drilling rental of special equipment and other outside charges will be invoiced at cost plus 10%.
Direct contracting/billing and payment will not incur these costs. Outside services, beyond those included in the proposal, will not be performed without prior authorization from the Client.
Miscellaneous outside reimbursable expenses encountered during the performance of our work, such as drilling, field explorations, printing and other incidentals, will be billed at cost plus 10%. In lieu of a mark up, administrative hours would be billed. Outside services, beyond those included in the proposal, will not be performed without prior authorization from the Client.
The hourly rates indicated above shall remain in effect through December 2023.
These escalations are on an average of 4% per year.
* Prevailing wage will apply to field personnel performing Materials Testing work with the project- specific determination per the Department of Industrial Relations (DIR) requirements.
Engmeenn g Design Services for FY24/FY25 Capital Improvement Projects • City of Fairfield • November 2023 • 73 Packet Page 110 of 423Attachment 8 Page 9 of 18
EXHIBIT 10-H COST PROPOSAL Page 1 of3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not Allowed
Consultant or Subconsultant:
Fairfield
On-Call
Engineering
PGAdesign Contract No.: Services
"'O
0 6: ro
Cl') ,....
00 ;:J
Fringe Benefit %
+
:;, (= 0% if Included in OH)
00 ~ ~
~ BILLING INFORMATION
0 ~
cio
:,
V, ~ < ~I Christo her Kent
~ Princpal
Overhead%
70.498% +
(= 0% if Included in OH)
General Administration %
97.08% 0.00%
Date: 11/22/2023
Combined Indirect Cost Rate (ICR) %
167.58%
FEE% 10%
CALCULATION INFORMATION
Name/Job Title/Classificat ion 1
Straight
Hourly Billing Rates2
OT(1.5x) OT(2x)
Effective Date of Hourly
Rate
From To
Actual or Avg.
Hourly Rate3
~ IILandscape Architect
84.4100 01/01/23
01/01/24
01/01/25
01/01/26
$ 96.63 i - 0.00%
Hourly Range - for
classifica tions only
3 ""Q a a II II ■ ■
~ CharlaKual • ·----·· ···· " ···· "-··-··-- ·-·-··-- - ----· ~ Landscape Designer 1
~
""CJ ■ ■ •• II II ■~ ---■ 0 ■ • •- ---- ■ •••• II •••• 11 -••-••-- •-•-••-- ■ ..._ ■ • ---• :tr:~~i:essels I - - - - - - I I - - - - .....
295.8097 NIA
307.6421 N/A
319.9454 N/A N/A
157.3531 N/A NIA
163.6519 NIA NIA
170.1862 NIA NIA
176.9854 NIA NIA
124.5344 NIA NIA
129.5087 N/A N/A
134.6891 NIA NIA
140.0755 NIA NIA
133.9827 N/A NIA
139.3396 NIA NIA
144.9026 NIA NIA
150.7011 N/A N/A
116.5284 NIA NIA
121.1790 NIA NIA
126.0355 NIA NIA
131.0687 NIA N/A
133.3057 NIA NIA
138.6332 NIA NIA
144.1668 NIA NIA
149.9358 NIA NIA
o. Landscape Designer <
0 • "
~ PetraMarar ··- ---· • .... " .... 1 _,._., __ 1 ·-·-··-- 1 - -- -- I - ---· I I ~ Landscape Designer 2
a:
•
1r~~a~i~::"~esigoe, I I . ... _ _ _ . _ _ . _. . ....
2L-------------------....L----------'i....----------..;..------.&...-----..;......L.;;... __ ....;;..;.;.;;..;.. w • 1. Names and classifications of consultant (key staff) team members must be listed . .._, ~ $
$ 100.50 4.00%
$ 104.52 4.00%
$ 108.70 4.00%
01101123 12/31123 $ 53.46 0.00%
01101124 12131124 $ 55.60 4.00%
01101125 12131125 $ 57.82 4.00%
01101126 12131126 $ 60.13 4.00%
01101123 12131123 $ 42.31 0.00%
01101124 12131124 $ 44.00 4.00%
01/01125 12131125 $ 45.76 4.00%
01/01126 12/31/26 $ 47.59 4.00%
01101/23 12/31123 $ 45.52 0.00%
01101124 12131124 $ 47.34 4.00%
01/01/25 12131125 $ 49.23 4.00%
01101126 12131126 $ 51.20 4.00%
01101123 12131123 $ 39.59 0.00%
01101124 12131124 $ 41.17 4.00%
01101125 12131125 $ 42.82 4.00%
01/01126 12131126 $ 44.53 4.00%
01101123 12131123 $ 45.29 0.00%
01101124 12131124 $ 47.10 4.00%
01101125 12131125 $ 48.98 4.00%
01101126 12131126 $ 50.94 4.00%
Provide separate sheets for prime and all subconsultant firms. 1 of 3
~ llt.andscaoe Architect ..___
~~KariTanaka I·-----· I .... I .... 1-··-··--1 ·-·-··--1.:. --·-1 ----· 1 1 [
Packet Page 111 of 423Attachment 8 Page 10 of 18
EXHIBIT 10-H COST PROPOSAL Page 2 of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not Allowed
Consultant or Subconsultant:
Fringe Benefit%
+
r;i (= 0% if Included in OH)
"-" :J
(!)
':;
~ BILLING INFORMATION
0 8;
OQ
:J
-
Effective Date of Hourly
Name/Job Title/Classification 1 Hourly Billing Rates2 Rate Actual or Avg. % or $ Hourly Range - for Straight OT(1.5x} OT(2x) From To Hourly Rate3 Increase classifications only V,
':;
< n
<1)
': 2.
0 :;., 3.
-< N .,,,_
~ NOTES:
N
u, •
Q
·o •
"'-- .
3 ·o
0 < m
3 ro
;',
v
~9
~
PGAdesign
Fairfield
On-Call
Engineering
Contract No.: Services Date: 11/22/2023
Overhead%
70.498% +
(= 0% if Included in OH)
General Administration %
97.08% 0.00%
Combined Indirect Cost Rate (ICR) %
167.58%
FEE% 10%
'v
0 5:
(D
(/) ao·
::i
n
0 ;:J
l""'t .....
;:J
C
(D
2:
CALCULATION INFORMATION
Billing rate = actual hourly rate* (1 +ICR) * (1 +Fee). Agreed upon billing rates are not adjustable for the term of the contract.
For named employees enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that Classification.
Denote all employees subject to prevailing wage with an asterisks (*) For "Other Direct Cost" listing, see page 2 of Exhibit
Denote all key personnel for the project with a plus (+) •
n ;:;:
-< e. ,, ~- 3,
"' C:
•
2 0
;%
3 o·
':;
N
0 Iv w
•
--.J er,
2 of 3
Packet Page 112 of 423Attachment 8 Page 11 of 18
PGAdesign (continued)
EXHIBIT 10-H COST PROPOSAL Page 3 of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultanl: PGAdesi n Contract Ne Fairfield On-Call Date: 1112212023 l~ ............. -----;i-----1 ,--11-:,-----+-,,....._............_ ll_---l ,----ll-:,--l~ ............. ----t---;1-----i tE:B 1e=sa========a:J==a=csi===-=====it-==========!e====!i====l-==,1=se===========fla==as.1===srr:::==] 1i-,;;-,--,-----+---1 ,-...,,.......----+-,;;a--.----~~---1 ,----11-:,--i,.....a-...---------,~--;1-----i tt:::B rr:::==J
IMPORTANT NOTES:
1. List direct cost items with esumateo costs. These costs should be competJtrve in their respective industries and supported with the appropriate documentations 2 Proposed items should be consistently billed directly to all clients (Commercial entities. Federal Govt. State Govt. and local Govt. Agency) and not just when the client will pay for them as a direct cost 3 Items when 1ncuned fo1 the same purpose. 1n ~ke circumstance. should not be included in any indirect cost pool or in the overhead ,ate
4. Items such as special tooling, wil ba reimbursed at actual cost with supporting documentation (ilwo1ea)
5. Items ~sled above that would ba considered "toots of the trade" are not reimbursable as other deect cost.
6. Travel related costs should be pre-approved by the contracling agency 7 If mileage is claimed. the rate should be properly supponed by the consultant's ca1culabon of the II' actual costs for company vehicles. In addillon. the mues claimed should be supported by mileage logs 6 If a consultant proposes rental costs for a vehicle. the company must demonstrate that thtS tS their standard procedure for aH of their contracts and that they do not own any vehicles that could be used for the same purpose 3 of 3
Eng,neer,ng Design Services for FY24/FY25 Capital lmpr ovement Projects • City of Fairfield • November 2023 • 76 Packet Page 113 of 423Attachment 8 Page 12 of 18
V&A Consulting Engineers
Billing Rates
Proposed Team Member Role on Project 2024 2025
Key Team Members
Glenn Willson, PE
Chris Sheldon, PE
Alejandro Ramirez, PE
Pri nci pa I-i n-Cha rge
Senior Project Manager
Pro ject Manager
$333
$291
$27 4
$346
$302
$285
Support Staff
Michael Johannessen
Ryan Chiem
Leighton James
Pablo Jimenez
Jennifer Asher
Senior Pro ject Engineer $256 $266
Project Engineer $22 8 $237
Associate Engineer $199 $207
Graduate Engineer $166 $173
Engineering Associate $154 $160
Senior Technician $147 $153
Technician $128 $13 3
Description of Other Direct Cost
Subcontractor /Su bco nsu It ant
Soil and Coating Sample Analysis
Travel (Air/Hotel/Per Diem/Rent-a-Car)
Auto/Truck Mileage
Field Truck
Confined Space Entry Truck and Safety Equipment
Repro duction, Printing, Shipping
Prevailing Wage Work
Cost
2024 2025
Cost +10% Cost +10 %
Cost +10% Cost +10 %
@ Cost @ Cost
@ Federal Rate @ Federal Rate
$104/day $108/day
$156/day $162/day
@ Cost @ Cost
30% Markup 30% Markup
Engineering Design Services for FY24/FY25 Capital Improvement Projects • City of Fairfield • Novemoer 2023 • 77 Packet Page 114 of 423Attachment 8 Page 13 of 18
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 5 Revised 11/15/2023
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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 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 lndemnitees") 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 CON SU LTANT'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 lndemnitees 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 CONSUL TANT 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 lndemnitees.
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. 6 Revised 11/15/2023
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12 ) LO C A L EM P LO Y M E N T P O LI C Y . T h e C IT Y d e sire s w h e re v e r p o ss ib le , to h ire q u a lifi e d lo c a l re sid e n ts to w o rk o n city p ro je cts. Lo ca l re sid e n t is d e fi n e d as a p e rso n w h o re s id e s in S o la n o C o u n ty .
T h e C IT Y e n co u ra g e s an activ e affi rm a tiv e actio n p ro g ra m o n th e p a rt o f its co n tra c to rs , co n s u lta n ts, a n d d e v e lo p e rs. W h e n lo c a l p ro je cts re q u ire , su b co n tra cto rs, co n tra cto rs, co n s u lta n ts a n d d e v e lo p e rs w ill so lic it p ro p o sa ls fr o m q u a lifi e d lo ca l fi rm s w h e re p o ssib le .
A s a w a y o f re sp o n d in g to th e p ro v isio n s o f th e D a v is-B a co n A ct a n d th is p ro g ra m , co n tra c to r, co n s u lta n ts, an d d e v e lo p e rs w ill b e ask e d , to p ro v id e n o m o re fr e q u e n tly th a n m o n th ly , a re p o rt w h ic h lists th e e m p lo y e e 's na m e , jo b cl a ss, ho u rs w o rk e d , sa la ry p a id , city o f re sid e n c e , a n d e th n ic o rig in . 13 ) C O N S U L T A N T N O T A P U B LI C OF F IC IA L. C O N S U L T A N T is n o t a "p u b li c o ffi c ia l" fo r p u rp o s e s o f G o v e rn m e n t C o d e §§ 8 72 0 0 e t se q . C O N S U LT A N T co n d u c ts re se a rch a n d a rriv e s a t h is o r h e r c o n c lu s io n s , ad v ic e , re co m m e n d a tio n , o r co u n se l in d e p e n d e n t o f th e co n tro l a n d d ire c tio n o f th e C IT Y o r a n y C ITY o ffi c ia l, o th e r th a n n o rm a l co n tra c t m o n ito rin g . In ad d itio n , C O N S U L T A N T p o s s e s s e s n o a u th o rity w ith re sp e ct to an y C IT Y d e ci s io n b e y o n d th e se co n c lu sio n s, a d v ic e , re co m m e n d a tio n , o r c o u n s e l. 14 ) E M P L O Y M E N T D E V E L O P M E N T D E P A R T M E N T R E P O R T IN G R E Q U IR E M E N T S . W h e n th e C IT Y ex e c u te s an ag re e m e n t fo r o r m a k e s p a y m e n t to C O N S U L T A N T in th e am o u n t o f $6 0 0 (s ix h u n d re d d o ll a rs ) o r m o re in an y o n e ca le n d a r y e a r, C O N S U LT A N T sh a ll p ro v id e th e fo llo w in g in fo rm a tio n to C IT Y to co m p ly w ith Em p lo y m e n t D e v e lo p m e n t D e p a rtm e n t (ED D ) re p o rtin g re q u ire m e n ts :
a) W h e th e r C O N S U L T A N T is d o in g b u s in e ss as a so le p ro p rie to rs h ip , p a rtn e rs h ip , lim ite d lia b ility p a rtn e rsh ip , co rp o ra tio n , lim ite d lia b il ity co rp o ra tio n , n o n -p ro fi t co rp o ra tio n o r o th e r fo rm o f o rg a n iza tio n .
b ) If C O N S U LT A N T is d o in g b u sin e ss a s a so le p ro p rie to rsh ip , C O N S U L T A N T sh a ll p ro v id e th e fu ll na m e , ad d re ss an d so c ia l se c u rity n u m b e r o f th e so le p ro p rie to r. c) If C O N S U L T A N T is d o in g b u sin e ss as o th e r th a n a so le p ro p rie to rs h ip , C O N S U L T A N T sh a ll p ro v id e C O N S U LT A N T'S fe d e ra l ta x id e n tifi c atio n n u m b e r. 7 Revised 11/15/2023
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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.
D Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$ _ □ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D Builder's Risk/ Course of Construction Insurance in the minimum amount of$ _ 3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers 8 Revised 11/15/2023
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lia b ility an d b u ild e r's risk p o lic ie s) are to co n ta in , o r b e e n d o rse d to co n ta in , th e fo ll o w in g p ro v is io n s :
i) T h e C IT Y , its o ff ice rs, o ffi cia ls, em p lo y e e s a n d v o lu n te e rs are to b e co v e re d a s in s u re d s a s re sp e cts: lia b ility arisin g o u t of w o rk o r o p e ra tio n s p e rfo rm e d b y o r o n b e h a lf o f th e C O N S U LT A N T ; p ro d u cts an d co m p le te d o p e ra tio n s o f th e C O N S U LT A N T ; p re m is e s o w n e d , o ccu p ie d o r use d b y th e C O N S U LT A N T ; a n d a u to m o b il e s o w n e d , le a s e d , h ire d o r b o rro w e d b y th e C O N S U LT A N T . T h e co v e rag e sh a ll co n ta in n o sp e ci a l lim ita tio n s o n th e sc o p e o f p ro te ctio n aff o rd e d to th e C IT Y , its o ffi c e rs, o ffi cia ls, e m p lo y e e s o r vo lu n te e rs. ii) Fo r an y cl a im s re la te d to th is p ro je ct, th e C O N S U L T A N T'S in su ra n c e co v e ra g e sh a ll b e p rim a ry in su ra n ce as re sp e cts th e C IT Y , its o ff ice rs, o ffi ci a ls, e m p lo y e e s an d v o lu n te e rs . A n y in s u ra n c e o r se lf-in su re d m a in ta in e d by th e CI T Y , its o ffi ce rs, o ffi ci a ls, e m p lo y e e s o r v o lu n te e rs sh a ll b e e x c e ss o f th e C O N S U LT A N T'S in su ra n ce an d sh a ll n o t co n trib u te w ith it. iii) A n y fa ilu re to co m p ly w ith re p o rt in g o r o th e r p ro v isio n s o f th e p o li ci e s in cl u d in g b re a c h e s o f w a rra n tie s sh a ll n o t aff e ct co v e rag e p ro v id e d to th e C IT Y , its o ff ic e rs, o ffi c ia ls , e m p lo y e e s o r vo lu n te e rs.
iv ) T h e C O N S U LT A N T'S in su ra n ce sh a ll ap p ly se p a ra te ly to e a c h in su re d ag a in st w h o m cl a im is m a d e o r su it is b ro u g h t, ex ce p t w ith re sp e ct to th e lim its o f th e in su re r's lia b ili ty . v ) Ea c h in su ra n c e p o licy re q u ire d by th is cla u se sh a ll b e e n d o rse d to state th a t co v e ra g e sh a ll n o t b e su sp e n d e d , vo id e d , ca n c e le d by eith e r p a rty , re d u ce d in co v e ra g e o r in lim its e x c e p t a fte r th irt y (3 0 ) d a y s' p rio r w ritt e n no tice by ce rtifi e d m a il, re tu rn re c e ip t re q u e s te d , h a s b e e n g iv e n to th e C IT Y .
v i) T h e p o licy lim its o f co v e rag e sh a ll be m a d e av a ila b le to th e fu ll lim its o f th e p o li c y . T h e m in im u m lim its state d ab o v e sh a ll n o t se rv e to re d u c e th e C O N S U L T A N T'S p o lic y lim its o f co v e ra g e .
T h e re fo re , th e re q u ire m e n ts fo r co v e ra g e a n d lim its sh a ll b e (1 ) th e m in im u m co v e ra g e a n d lim its sp e cifi e d in th is ag re e m e n t, o r (2 ) th e b ro a d e r co v e ra g e a n d m a x im u m lim its o f co v e ra g e o f a n y in su ra n ce po licy o r p ro ce e d s av a ila b le to th e n a m e d in su re d , w h ic h e v e r is g re a te r. c) A C C E P T A B ILI T Y O F IN S U R ER . In su ra n ce is to b e p la c e d w ith in su re rs w ith a cu rre n t A.M . B e s t's ra tin g o f no le ss th a n A :V II, u n le ss o th e rw ise acce p ta b le to th e C IT Y .
V ER IF IC A T IO N O F C O V ER A G E . C O N S U LT A N T sh a ll fu rn ish th e C IT Y w ith o rig in a l e n d o rse m e n ts e ff e c tin g co v e rag e re q u ire d b y th is Ex h ib it D . T h e e n d o rse m e n ts a re to b e sig n e d b y a p e rso n a u th o riz e d b y th a t in s u re r to b in d co v e ra g e o n its b e h a lf; o n fo rm s e q u iv a le n t to C G 2 0 10 11 8 5 , su b je c t to C IT Y a p p ro v a l; an d su b m itte d e le ctro n ic a lly th ro u g h th e E x ig is in su ra n c e sy ste m to : ce rtific a te s -fa irfie ld @ ris k w o rk s .co m .
A ll in su ra n ce ce rtifi cate s an d e n d o rse m e n ts are to b e re ce iv e d a n d ap p ro v e d b y th e C ITY b e fo re w o rk co m m e n c e s. A t th e re q u e st o f th e C IT Y , C O N S U LT A N T sh a ll p ro v id e co m p le te , ce rt ifi e d co p ie s o f a ll re q u ire d in su ra n ce po lic ie s, in cl u d in g e n d o rse m e n ts eff e ctin g th e co v e ra g e re q u ire d b y th e se sp e c ifi c a tio n s . d ) S U B -C O N T R A CT O R S . C O N S U LT A N T sh a ll re q u ire a ll su b co n tra c to rs to p ro c u re a n d m a in ta in in su ra n ce po lici e s su b je ct to th e re q u ire m e n ts o f Ex h ib it D . Fa ilu re o f C O N S U LT A N T to v e rify e x iste n c e o f su b - co n tracto r's in su ra n ce sh a ll no t re lie v e C O N S U LT A N T fr o m a n y cla im arisin g fr o m su b -co n tra c to rs w o rk o n be h a lf of C O N S U LT A N T .
9 Revised 11/15/2023
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CITY OF FAIRFIELD
RESOLUTION NO. 2024-30
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR FISCAL YEARS 2024 AND 2025 CAPITAL IMPROVEMENT PROJECTS BETWEEN
THE CITY OF FAIRFIELD AND DKS ASSOCIATES
WHEREAS, the City requires the support of engineering firms to provide engineering design services for the preparation of plans, specifications and cost estimates for fiscal years 2024 and 2025 capital projects; and
WHEREAS, the City solicited a Request for Qualifications and conducted a competitive process resulting in qualifications-based selections for engineering firms to provide engineering design services; and
WHEREAS, DKS Associates has demonstrated the required technical qualifications and has been selected to provide professional engineering services for the HSIP Cycle 11 Pedestrian Crossing Enhancements Project, the HSIP Cycle 11 Citywide Systemic Signal Visibility Upgrades Project and Travis Safe Routes to Schools and Transit Trail Project.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute on behalf of th e City of Fairfield that certain agreement with DKS Associates for an amount not-to-exceed $1,738,000 to provide professional engineering services for the HSIP Cycle 11 Pedestrian Crossing Enhancements Project, the HSIP Cycle 11 Citywide Systemic Signal Visibility Upgrades Project and Travis Safe Routes to Schools and Transit Trail Project.
Section 2. The city manager is hereby authorized to do all things necessary to implement the above-mentioned agreement.
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RES. NO. 2024-30
PASSED AND ADOPTED this 20th day of February 2024, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
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CITY OF FAIRFIELD
RESOLUTION NO. 2024-31
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR FISCAL YEARS 2024 AND 2025 CAPITAL IMPROVEMENT PROJECTS BETWEEN THE CITY OF FAIRFIELD AND KIMLEY-HORN & ASSOCIATES, INC.
WHEREAS, the City requires the support of engineering firms to provide engineering design services for the preparation of plans, specifications and cost estimates for fiscal years 2024 and 2025 capital projects; and
WHEREAS, the City solicited a Request for Qualifications and conducted a competitive process resulting in qualifications-based selections for engineering firms to provide engineering design services; and
WHEREAS, Kimley-Horn & Associates, Inc. has demonstrated the required technical qualifications and has been selected to provide professional engineering services for the HSIP Cycle 11 Unsignalized Intersection Visibility & Safety Improvements Project.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield that certain agreement with Kimley-Horn & Associates, Inc. for an amount not-to- exceed $150,000 to provide professional engineering services for the HSIP Cycle 11 Unsignalized Intersection Visibility & Safety Improvements Project.
Section 2. The city manager is hereby authorized to do all things necessary to implement the above-mentioned agreement.
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RES. NO. 2024-31
PASSED AND ADOPTED this 20th day of February 2024, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
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Do cu Sign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8D18179F97 40
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ~ 2024, by and between the City of Fairfield, a municipal corporation (the "CITY") and Kimley-Horn and Associates, Inc. ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit "A," which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit "A."
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "B." The payments specified in Exhibit "B" shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.
CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit "B." 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit "C" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit "C" shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit "D" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit "D" shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 108 of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509).
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through 30 June 2025; or until the scope of work is completed.
9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Revised 11/15/2023
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DocuSign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8O18179F97 40 Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.qov/our-work/proqrams/advanced-clean-f/eets 11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.
This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY's behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:
14) CITY Contact:
15) E-mail:
16) Address:
17) Telephone:
Jason Riley
[email protected] .gov
1000 Webster Avenue, Third Floor, Fairfield, CA 94533
{707) 428-7481
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: Elbert Chang
E-mail:
Address:
Telephone:
[email protected]
1300 Clay Street, Ste 325
Oakland, CA 94612
510-350-0215
EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By: _
CONSULTANT
DocuSigned by:
By: ~w==a:s!sf\111 ;rn11;.irrnn,;i;-:;=---;-;:-:-':""~:-:-:-:.::--:::-::--- 2 C73863
Revised 11/15/2023
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Do cu Sign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8D18179F97 40 Exhibit A
This agreement is a Task Order-based agreement for the following projects which have been assigned to the CONSULTANT:
Project Name Original Design Budget
HSIP Cycle 11 Unsignalized Intersection $150,000
Visibility & Safety Improvements
Task Order Proposals exceeding the Original Design Budget will require City Council approval of a capital budget amendment for the specific project as well as the authorized budget for this AGREEMENT.
Task Order Process
When the City is ready to initiate a project, the city will request a Task Order Proposal from the consulting firm based upon the preliminary scope of work and will negotiate the scope of work, schedule of deliverables, labor hours and fee for each project prior to fully executing the Task Order. Following full execution of a Task Order, the City will issue a Notice to Proceed for engineering design services for the project.
General Scope of Work
The proposed scope of work generally consists of five task areas as follows:
1. Project Management & Coordination: services include, but are not limited to, internal project management, quality control, quality assurance, and coordination with regulatory agencies & utility companies.
2. Design: services include, but are not limited to, the following: conduct topographic survey; right-of-way resolution and preparation of grant deeds; and preparation of utility letters, plans, specifications and cost estimates for 35%, 65%, 95% and final design.
3. Environmental Compliance & Permitting: services include but are not limited to, preparing, submitting and obtaining all required permits and environmental review documentation required by Federal, State, local and jurisdictional agencies.
4. Bid Support: services include, but are not limited to, responding to questions concerning the plans, specifications and estimates as well as preparation of any necessary addenda.
5. Construction Support: services include, but are not limited to, attending construction meetings, reviewing technical submittals, responding to Requests for Information {RFls), assistance with preparation of contract change orders and preparation of record drawings.
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DocuSign Envelope ID: 4EBEEA79-E66A-4167-B7C9-8D18179F9740 EXHIBIT "B"
PAYMENT
1) The total contract price for services rendered by CON SU LT ANT under this Agreement shall not exceed $150,000, or as amended, in accordance with the hourly rates specified on the following page. 2) Payment shall be made to CONSULTANT on a time and materials basis. CONSULTANT shall submit monthly invoices to the CITY (at CITY Contact's attention) for the same. 3) Any additional meetings or work required beyond that set forth in each Task Order Proposal shall be mutually agreed to in writing by the CITY and CONSULTANT and shall be billed on a time and materials basis to the CITY (at the CITY Contact's attention). 4 Revised 11/15/2023
Packet Page 139 of 423Attachment 12 Page 4 of 16
DocuSign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8D18179F97 40 -ngrneerm-g-oes,gn ~erv,ces tor
9. Hourly Rates
Kimley>>>Horn
Hourly Labor Rate Schedule
Classification Rate
Analyst I $130 - $160
Analyst II $160 - $200
Professional $200 - $240
Senior Professional I $245 - $315
Senior Professional II $315 - $380
Senior Technical Support $165 - $250
Technical Support $105 - $165
Support Staff $85 - $145
Effective through June 30, 2024. Subject to annual adjustment thereafter.
Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 10% mark-up, or per the Contract Sub-Consultants will be billed per the Contract
kimley-horn.com 1300 Clay Street, Suite 325, Oakland, CA 94612 510-625-0712 BR00PUSTD.A.CCT
City of Fairfield , GM0C85040.2023 Kimleve+lorn 41
Packet Page 140 of 423Attachment 12 Page 5 of 16
DocuSign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8O18179F97 40 ENGEO
- Expect Excellence -
GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
COASTAL/MARINE GEOTECHNICS
SUMMARY OF HOURLY RA TES
PROFESSIONAL SERVICES
Effective February 2023
President
Principal.
Associate .....
Subject Matter Expert ..
Senior
Project. ..
Staff .
Assistant
Construction Services Manager II
Construction Services Manager I .
Senior Field Representative 11.
Senior Field Representative I
Field Representative .
Senior Laboratory Technician.
Laboratory Technician .
Senior GIS Developer
Senior GIS Analyst ....
GIS Analyst... .
Senior CAD Specialist .
CAD Specialist ..
Netw ork Administrator
Project Assistant.. .
..... $485.00 per hour
..... $390.00 per hour
.. $320.00 per hour
. $425.00 per hour
. $280.00 per hour
..... $245.00 per hour
. $218.00 per hour
. $176.00 per hour
.... $225.00 per hour*
............. $205.00 per hour*
. $187.00 per hour*/**
.. $167.00 per hour*/**
..... $155.00 per hour*/**
.. $191.00 per hour
. $170.00 per hour
. $201.00 per hour
..... $196.00 per hour
. $186.00 perh our
. $186.00 per hour
. $17 0.00 per hour
. $300.00 per hour
...... $155.00 per hour
* Two-hour minimum portal to portal and cancellations within 24 hours. * OVERTIME RA TES: Rates increased by factor of 1.5 for all hours worked in excess of eight (8) Monday through Friday, and the first eight (8) hours worked on Saturday. Rates increased by factor of 2.0 for all hours worked in excess of twelve (12) Monday through Friday, all hours worked in excess of eight (8) on Saturday and all hours worked on Sunday and holidays.
For Prevailing Wage projects, increase the hourly rate by $19.
Rates increased by factor of 1.25 for night shift hours (hours commencing after 4:00 p.m. or before 4:00 a.rn.); rates increased by factor of 1.875 (an additional factor of 1.5) for all night shift hours in exce ss of eight (8); rates increased by factor 2.5 for all night shift hours worked in excess of twelve (12).
ADDITIONAL SERVICES OFFERED
In addition to our core services of geotechnical, hydrolog ic and environmental engineering, including construction-phase testing and observation, ENGEO provides clients with services for establishment and management of Geolog ic Hazard Abatement Districts (GHAD) and for Entitlement and Perm itting Support (EPS). For more inform ation about these service s and associated pricing, please contact ENGEO at (925) 866-9000.
OTHER FEES
• Equipm ent and materials will be charged in additon to the abo ve hourly rates. • Outside Consultants, Subc ontracted Service s and Equipment Rental . • Expert Wilness, Depositon, Mediation, Arbitraton, or Court Appe arance (Minimum Charge) ..
TERMS
Invoices will be submitted at completion of work or at approximately four week intervals and are due and payable upon receipt. Statements will be issued at monthly intervals. Charges not paid within 30 days of invoice date will accrue a late charge at a rate of 1.5 percent pe r month. In the event it becomes necessary to commence suit to collect amount due, Client agrees to pay attorney's fees and costs, as the court may deem reasonable until amount is paid. Fees will be applicable for one year from the effective date above; thereafter, fees will be adjusted annually. Our fees will be billed using an invoice format produced by a standardized accounting softw are package. A more customized itemization of charges and backup data will be provided upon Client's requests, but at additional fees. Final reports may be withheld until outstanding invoices are paid in full.
.. Cost plus 25%
.... $2,400.00 half day, $4 ,800.00 full day
Many risks potentially affect ENGEO by virtue of entering into this agreement to perform services on behalf of client. A principal risk is the potential for human error by ENGEO. For client to obtain the benefit of a fee that includes a nominal allowance for dealing with our liability, client agree to limit ENGE O's liability to Client and all other parties for claims arising out of our perform ance of the services described in the agreement. The aggregate liability will not exceed $50,000 (ENGEO's fee, whichever is greater, but not more than $1,000,000) for professional acts, errors, or omissions, including attorney's fees and costs that may be awarded to the prevailing party and client agrees to indemnify and hold harm less ENGEO from and against all liabilities in excess of the monetary limit established above.
City of Fairfield • GM0C85040.2023 Kimley ,)) Horn . 42 Packet Page 141 of 423Attachment 12 Page 6 of 16
DocuSign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8D18179F97 40
EQUIPMENT AND MATERIALS CHARGES
DESCRIPTION COST PER UNIT ($) UNIT
Air Content Meter
Bailers (Disposable)
Coatings Thickness Kit (eg. Fireproofing, Protective Paint) Concrete Crack Monitor
Coring Machine
Double-Ring I nfiltrometer
Electronic Water Level Indicator
Engineering Analysis Software
Equipment Transport( er)
Exploration Equipment (Electric Auger)
Floor Flatness/Floor Level Equipment
Generator
GIS Website Portal Subscription
GPS Handheld Device
Drone Equipment
Hand Auger and Soil Sampler
Hydraulic Pull-Test Equipment
Interface Probe
Magnetic Particle Test Equipment
Moisture Content Test Equipment
Multi-Parameter Water Meter
pH Meter/Turbidity Meter
Photo Ionization Detector
Reinforcing Bar Locator
Sampling Tubes
Sand Cone Equipment and Material
Schmidt Hammer
Seisometer
Skidmore Wilhelm Bolt Tension Calib.
Slope Inclinometer/Settlement lndicator/VW Readout
Torque Wrench
Transfer Pump
Ultrasonic Equipment
Vapor Emission Test Kit
Vector Conversion
Vehicle, nuclear gauge, equipment, wireless communication. *Add $5.00/hr. for RTK enabled autotesting equipment.
Vehicle, equipment, wireless communication
Vibration Monitor
Water Sampling Pumps
Bridge Toll
Mileage
Parking
AutoCAD, Civil 3D, GIS, Drone Data Processing
Photocopies Black & White
Photocopies Color 11 x 17
Photocopies Color 8½ x 11
Plot - Black & White
Plot - Color
Postage
Scan - Black & White
Scan - Color
Telephone
City of Fairfield • GM0C85040.2023
7.00 hour
10.00 each
30.00 hour
20.00 each
30.00 hour
50.00 hour
5.00 hour
45.00 hour
100.00 hour
50.00 hour
40.00 hour
15.00 hour
50.00 month
10.00 hour
210.00 hour
15.00 hour
25.00 hour
2.00 hour
25.00 hour
6.00 hour
15.00 hour
10.00 hour
20.00 hour
100.00 hour
10.00 each
5.00 hour
20.00 hour
50.00 hour
40.00 hour
50.00 hour
15.00 hour
3.00 hour
50.00 hour
40.00 kit
60.00 conversion
33.00* hour
23.00 hour
1800.00 month
20.00 hour
actual actual
.98 mile
actual actual
29.00 hour
0.25 each
1.50 each
1.00 each
3.00 square foot
4.00 square foot
actual actual
1.50 each
3.75 each
0.50 minute
Kimley,>>Horn. 43
Packet Page 142 of 423Attachment 12 Page 7 of 16
D ocuS ign Envelope ID : 4E B E E A 79-E 66A -4 16 7-B 7C 9 -8D 18 17 9 F 9 7 40 GEOCON
CONSULTANTS, INC.
GEOTECHNICAL ■ENVIRONMENTAL■ MATERIALS
2023 SCHEDULE OF FEES
PROFESSIONAL SERVICES
Engineering Field Technician/Special Inspector I 85/135(PW)* /hr.
Engineering Field Technician/Special Inspector II 95/140(PW)* /hr.
Engineering Field Technician/Special Inspector Ill/Equipment Operator 105/150(PW)* /hr.
Laboratory Technician/Engineering Assistant 90/hr.
Senior Laboratory Technician 110/hr.
Laboratory Supervisor 140/hr.
Word Processor/Technical Editor/Drafter 90/hr.
Research Assistant/Technical Illustrator/Senior Drafter 105/hr.
Project Coordinator/GIS Specialist 115/hr.
Staff Engineer/Geologist/Scientist/Field Supervisor 130/hr.
Senior Staff Engineer/Geologist/Scientist 140/hr.
Project Engineer/Geologist/Scientist/Construction Supervisor 150/hr.
Senior Project Engineer/Geologist/Scientist 165/hr.
Senior Engineer/Geologist/Scientist/Certified Industrial Hygienist 180/hr.
Associate Engineer/Geologist/Scientist 210/hr.
Principal Engineer/Geologist/Scientist/Litigation Support 240/hr.
Deposition or Court Appearance 425/hr.
Attorney Fees (General) 400/hr.
Overtime (>8 to 12 hrs.), Saturday, and Night Rate 1.5x Regular Hourly Rate Overtime (>12 hrs.), Sunday, and Holiday Rate 2x Regular Hourly Rate Minimum Professional Fee $500/Project
Minimum Field Services Fee (per day or call-out) 4 Hours * Prevailing Wage (PW) per requirements of qalifornia Labor Code §720, et. Seq. -, TRAVEL
Personnel............................................................................................................................................................................... Regular Hourly Rate Subsistence (Per Diem) $200/day
Vehicle Mileage 0.75/mile
EQUIPMENT & ANALYTlr.Al. TESTS
Nuclear Gauge Included in Technician Hourly Rate
Pick-up Truck $140/day
Equipment Truck 225/day
Direct-Push Rig/Operator 190/235(PW)* /hr.
Direct-Push Sample Liner 10/ea.
Equipment Trailer .
Wenner 4-Pin Earth Resistivity Meter .
Coring Machine (concrete, asphalt, masonry) .
Dynamic Cone Penetrometer .
Dilatometer (DMT) Test Equipment .
Generator or Air Compressor .
GPS Unit .
Drive-Tube Sampler or Hand-Auger .
Soil Sample Tube (Brass or Stainless) .
Water Level Indicator .
100/day
150/day
250/day
250/day
800/day
150/day
160/day
50/day
12/ea.
50/day
Level D PPE/Decon Rinse Equipment $50/day
pH/Conductivity/Temperature Meter 60/day
55-gallon drum 90/ea.
TPHg (EPA 8015M) 90/ea.
TPHd/mo (EPA 8015M) 80/ea.
Fuel Oxygenate Compounds (EPA 82608) .
Volatile Organic Compounds (EPA 82608) .
Semi-Volatile Organic Compounds (EPA 8270) .
CAM 17 Metals (EPA 60108) ································· .. ··· .. ··· Single Metal (EPA 60108) .
STLC or TCLP Extraction .
Soil pH (EPA 9045C) .
Organochlorine Pesticides (EPA 8081) .
Naturally Occurring Asbestos (CARB 435) .
Asbestos PLM .
135/ea.
165/ea.
300/ea.
200/ea.
35/ea.
75/ea.
25/ea.
125/ea.
125/ea.
20/ea.
Battery-Powered Pump 75/day Asbestos 1,000-pt Count 100/ea.
Photo-Ionization Meter 150/day 48-hr/24-hr Turn-around Time 60%/100% surcharge lABoRATORY TESTS
COMPACTION CURVES SOIL AND AGGREGATE STABILITY
4-inch mold (D1557 /D698) ..
6-inch mold (D1557 /D698) ..
California Impact (CAL216) ..
Check Point .
$250/ea.
250/ea.
250/ea.
100/ea.
Resistance Value, R-Value (D2844/CAL301) .
R-Value, Treated (CAL301) .
California Bearing Ratio (D1883) .
Stabilization Ability of Lime (C977) .
$300/ea.
325/ea.
175/pt.
200/ea.
City of Fairfield • GM0C85040.2023 Kimley,>>Horn. 44
Packet Page 143 of 423Attachment 12 Page 8 of 16
DocuSign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8D18179F97 40
SOIL AND AGGREGATE PROPERTIES
#200 Wash (D1140/C117) $90/ea. Moisture Determination, tube sample (D2216) .
Wet Sieve Analysis to #200 (D422/CAL202) 125/ea. Moisture Determination and Unit Weight (D2937) .
Dry Sieve Analysis, 1.5"+ Aggregate (D6913) 350/ea. Atterberg Limits: Plasticity Index (D4318) .
Hydrometer Analysis (D422) 175/ea. Sand Equivalent (D2419/CAL217) .
Sieve Analysis with Hydrometer (D422) 200/ea. pH and Resistivity (CAL643) .
Specific Gravity, Soil (T100) 100/ea. Sulfate Content (CAL417) .
Specific Gravity Coarse Aggregate (C127) 75/ea. Chloride Content (CAL422) ..
Specific Gravity Fine Aggregate (C128) 100/ea. Organic Content (D2974) . $20/ea.
40/ea.
210/ea.
100/ea.
125/ea.
95/ea.
55/ea.
85/ea.
SHEAR STRENGTH
Unconfined Compression (D2166) .
Direct Shear (3 points) (D3080) .
Unconsolidated-Undrained Triaxial Shear (D2850) .
Unconsolidated-Undrained Triaxial Staged (D2850) .
Consolidated-Undrained Triaxial Shear (D4 767) .
Consolidated-Undrained Triaxial Staged (D4767) .
Consolidated-Drained Triaxial Shear (EM1110) .
Consolidated-Drained Triaxial Staged (EM1110) .
AGGREGATE QUALITY
Sieve Analysis to #200 (C136) .
L.A. Rattler Test (500 rev.) (C131) .
Durability Index (D3744/CAL229) .
Fine Aggregate Angularity (CAL 234) .
Flat and Elongated Particles (D4 791/CAL 235) .
Percent Crushed Particles (CAL205) .
$110/ea.
350/ea.
135/pt.
185/ea.
315/pt.
390/ea.
400/pt.
600/ea.
PERMEABILITY, CONSOLIDATION AND EXPANSION
Permeability, Flexible Wall (D5084) $315/ea.
Permeability, Rigid Wall (D5856) 315/ea.
Consolidation (D2435) 65/pt.
Expansion Index (D4829/UBC 29-2) 225/ea.
Swell/Collapse (D4546) 175/pt.
$125/ea.
225/ea.
165/ea.
125/ea.
150/ea.
150/ea.
CONCRETE/ MASONRY/ REINFORCING STEEL
Compressive Strength, Cast Cylinders (C39) $30/ea.
Compressive Strength, Cores (C42) 85/ea.
Flexural Strength Beam (C78/C293) 80/ea.
Splitting Tensile Test (C496) 80/ea.
DSA Masonry Shear (DSA-207) 75/ea.
Shotcrete Panel Coring and Comp. Strength (C1140) 100/ea.
Rebar Tensile/Bend (up to #11/#11 and larger) 275/300/ea.
CMU Compressive Strength (C140) 100/ea.
Compressive Strength, Grout (C1019/UBC 21-19) 30/ea.
Compressive Strength, Mortar (C109/UBC 21-15,16) .. 30/ea.
CMU Unit Wt., Di men., Absorption (C140) 75/ea.
Compressive Strength, Masonry Prism (C1314) 250/ea.
HOT MIX ASPHALT
HMA Air Voids, Gyratory (T269) $525/ea.
Hamburg Wheel Tracker (T324) 1,000/ea.
Theoretical Max. Specific Gravity (D2041/CAL309) 180/ea.
Ignition/Sieve Analysis (C136/CAL202) 250/ea.
HMA Core Unit Weight (D1188/CAL308) 100/ea.
% Asphalt, Ignition Method (D6307 /CAL382) 125/ea.
% Asphalt, Ignition Calibration (D6307 /CAL382) 400/ea.
Tensile Strength Ratio (T283) 1,000/ea.
*2X surcharge on rush turnaround for laboratory testing TERMS AND CONDmONS
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments. recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials. or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem may apply when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum four-hour charge.
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice.
Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geccon's (the term "Geocon" includes Geocon's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client's injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon's total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client's project, as well as persons and other entities not involved in the project. to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon 's liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon ·s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon's actions or inactions.
City of Fairfield • GMOC85040.2023 Kimley ,>> Horn . 4s Packet Page 144 of 423Attachment 12 Page 9 of 16
DocuSign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8D18179F97 40
CIVIL ENGINEERS
PROFESSIONAL SERVICES RATE SCHEDULE
(Effective through July 31, 2024)
Principal $280.00
Sr. Project Manager/Survey Manager $230.00
Project Manager $205.00
Associate Engineer, Associate Surveyor $160.00
Engineer Surveyor, Field Coordinator $205.00
Assistant Engineer, Assistant Surveyor $160.00
Senior Technician $140.00
Technician $120.00
Junior Technician $ I 00.00
Administrative Assistant $100.00
Clerical $85.00
2-Person Survey Crew $340.00
3-Person Survey Crew $5 I 5.00
2-~erson Additional Move - In $580.00
Court Appearance $750.00 per hr. minimum $3,000.00
EXPENSE RA TE SCHEDULE
Computer - Plot - Mylar
CD
Reproduction - In -House
Xerox print
Xerox - 8 ½ " x I I"
Color Xerox 8½"x 11"
$45.00 Each
$ 5.00 Each
$ 2.50 Per Print
$ 0.25 Per Print
$ 1.00 Per Print
Outside expenses shall be billed at cost plus 15% which include, but are not limited to, the following:
Auto Mileage
Outside Consultants
Reproduction - Outside
Travel and Expenses
Filing and Permit Fees
Delivery Service
Overnight Shipping
This Rate Schedule is based on all services being performed during regular standard working hours.
This rate schedule is effective through July 31, 2024. The rates and fees for all services performed subsequent to that date shall be increased proportionately to the increases in costs incurred by Robert A. Karn & Associates, Inc. for labor and expenses.
City of Fairfield • GMOC85040.2023 Kimley ,)) Horn . 46 Packet Page 145 of 423Attachment 12 Page 10 of 16
DocuSign Envelope ID : 4E B E E A 79-E 66A -4167-B 7C 9-8D 18179F97 40 •• I I "-.I •• E N G JN E E f~JN G
110 Blue Ravine Rd - Suite 101
Folsom, CA 95630
916-900-6623
www.unicoengineering.com
RATE SCHEDULE
UNICO Engineering, Inc.
2023-2025
OVERHEAD%: I 144.92"/ol PROFIT%: I 10%1 ESCALATION%: I 3%1
CLA SSIFICATION DIRECT LA BOR HOURLY FULLY LOADED HOURLY RA TE FULLY LOADED HOURLY RA TE FULLY LOADED HOURLY RA TE RATE RANGE RANGE 2023 RANGE 2024 RANGE 2025
Principal $ 90.00 $ 110.00 $ 242.47 $ 280.72 $ 249.74 $ 289.14 $ 257.24 $ 297.82 Survey Manager $ 75.00 $ 90.00 $ 202.06 $ 229.68 $ 208.12 $ 236.57 $ 214.36 $ 243.67 Senior Land Surveyor $ 50.00 $ 80.00 $ 134.71 $ 204.16 $ 138.75 $ 210.28 $ 142.91 $ 216.59 Staff Land Surveyor $ 40.00 $ 60.00 $ 107.76 $ 153.12 $ 111.00 $ 157.71 $ 114.33 $ 162.45 Party Chief (Prevailino Waoel $ 70.00 $ 90.00 $ 188.59 $ 229.68 $ 194.25 $ 236.57 $ 200.07 $ 243.67 Party Chief (Non-Prevailinq Waqe) $ 40.00 $ 60.00 $ 107.76 $ 153.12 $ 111.00 $ 157. 71 $ 114.33 $ 162.45 Chainman/Rodman (Prevailinq Waqe) $ 70.00 $ 90.00 $ 188.59 $ 229.68 $ 194.25 $ 236.57 $ 200.07 $ 243.67 Chainman/Rodman (Non-Prevailinq Waqe) $ 25.00 $ 50.00 $ 77.00 $ 127.60 $ 79.31 $ 131.43 $ 81.69 $ 135.37 Draftsman/Survey Technician $ 20.00 $ 45.00 $ 53.88 $ 114.84 $ 55.50 $ 118.29 $ 57.16 $ 121.83 • Reimbursement for per diem and mileage expenses shall be per the current federal reimbursement rate. • Cost of normal survey stakes and other field supplies are included in the above rates. Special monuments, iron stakes, etc. will be charged at cost. • Outside reproductions, services, and consultants will be charged at cost plus 10%. • Per prevailing wage, a shift differential of 12.5% applies for any covered work shift beginning after 2PM. • Yearly prevailing wage anticipates a 3% escalation, however increases in DIR rate determinations will be charged accordingly. • Overtime rate will be billed at 1.5 times the hourly rate for non-exempt employees City of Fairfield • GMOC85040.2023 Kimley i)) Horn . 47 Packet Page 146 of 423Attachment 12 Page 11 of 16
DocuSign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8O18179F97 40 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 CONSUL TANT 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 5 Revised 11/15/2023
Packet Page 147 of 423Attachment 12 Page 12 of 16
DocuSign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8D18179F97 40 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 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 lndemnitees") 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 CON SU LTANT'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 lndemnitees 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 lndemnitees.
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. 6 Revised 11/15/2023
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DocuSign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8D18179F9740 . 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.
The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.
As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) 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. 7 Revised 11/15/2023
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Do cu Sign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8O18179F9740 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.
D Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence D Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence D Fidelity/ Crime/ Dishonesty Bond in the minimum amount of$~---- □ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
D Builder's Risk/ Course of Construction Insurance in the minimum amount of$ _ 3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers 8 Revised 11/15/2023
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DocuSign Envelope ID: 4EBEEA 79-E66A-4167-B7C9-8D18179F97 40 liability and builder's risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be 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.
9 Revised 11/15/2023
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CITY OF FAIRFIELD
RESOLUTION NO. 2024-32
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR FISCAL YEARS 2024 AND 2025 CAPITAL IMPROVEMENT PROJECTS BETWEEN THE CITY OF FAIRFIELD AND NICHOLS CONSULTING ENGINEERS, CHTD. (NCE)
WHEREAS, the City requires the support of engineering firms to provide engineering design services for the preparation of plans, specifications and cost estimates for fiscal years 2024 and 2025 capital projects; and
WHEREAS, the City solicited a Request for Qualifications and conducted a competitive process resulting in qualifications-based selections for engineering firms to provide engineering design services; and
WHEREAS, Nichols Consulting Engineers, CHTD. (NCE) has demonstrated the required technical qualifications and has been selected to provide professional engineering services for the Matt Garcia Park Phase 1 Project, the 2025 Rancho Solano Pavement Maintenance Project and 2026 Rancho Solano Pavement Maintenance Project.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield that certain agreement with NCE for an amount not-to-exceed $400,000 to provide professional engineering services for the Matt Garcia Park Phase 1 Project, the 2025 Rancho Solano Pavement Maintenance Project and 2026 Rancho Solano Pavement Maintenance Project .
Section 2. The city manager is hereby authorized to do all things necessary to implement the above-mentioned agreement.
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RES. NO. 2024-32