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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 2025, by and between the City of Fairfield, a municipal corporation (the “CITY") and Group 4 Architecture, Research + Planning, Inc. ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.
CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT . CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS . The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT.
Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at www.fairfield.ca.gov/biz.
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through December 31, 2026. 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. Venu e for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light -duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissio ns of 2 Revised 1/26/2024
air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets 11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.
This Agreement supersedes all prior oral or written negotiations, representations or agr eements. 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: Caroline Vedder
E-mail: [email protected]
Invoices: [email protected]
Address: 1000 Webster Street, Fairfield, CA 94533
Telephone: (707) 428-7484
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: Andrea Marie Gifford
E-mail: [email protected]
Address: 211 Linden Ave, South San Francisco, CA 94080
Telephone: (650) 871-0709 ext. 218
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EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By: __________________________________
CONSULTANT
By: ___________________________________
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EXHIBIT “A”
SCOPE OF SERVICE
I. THE PROJECT
The City of Fairfield, with its approximately 115,000 residents, is seeking to evaluate its 28 current municipal facilities including but not limited to Civic Center/City Hall and Council Chambers; 10 fire and police facilities; corporation yard; Fairfield -Vacaville Hannigan Train Station, Fairfield Transportation Center, parking structure and Red Top Road building; Cordelia Library; Paradise Valley Golf Course, Rancho-Solano Golf Course and 8 other parks and recreation facilities and the housing division o ffice.
More than 100 employees representing 10 departments currently work in these facilities.
As Fairfield moves toward building out in 2050, City programs continue to evolve and expand. Technology has advanced greatly, and a pandemic has shifted our conventional way of providing services and programs – introducing many new opportunities for progra m styles, applications, communication, and collaboration. Today, the City seeks to develop a Facilities Master Plan to assess facility needs and condition; calculate growth and program demands; analyze gaps and develop an associated action plan; and develo p options and recommendation with supporting cost estimates to guide future decision making, timelines and steps forward. All in all, this effort will improve program and service efficiencies, workflow, and facility modernization to position the City for f uture years of effective municipal administration.
The successful delivery of a collaboratively developed Facilities Master Plan for Fairfield will position the city to move future capital improvement projects into design and then construction. This initial phase will be a critical determinant for the ultimate short-term, mid-term and long-term vision; and these elements must be designed with a clear financial plan an d funding strategies; deliver on the City’s ambitions, and leverage opportunities uncovered in the planning process.
II. SCOPE OF BASIC SERVICES
1. General:
1.A The intent of the Consultant’s Basic Services is to develop a Facilities Master Plan for its current 28 city -owned facilities. The city recently completed a parks, recreation and open space masterplan and the findings from that effort will be integrated into this masterplan.
1.B Consultant’s Basic Services include the services of subconsultants, including Bureau Veritas, Ten Over Studio, Aquatic Design Group and TBD Consultants.
1.C In selecting the Consultant, the Client recognizes that the Consultant has the qualifications to provide full planning, architecture, and interior design services including conceptual design, schematic design, design development, construction documents, bidding, construction administration, and post-construction phase services. The Client, at its discretion, may choose to amend this contract to add services to the Consultant’s Scope of Services for Additional Compensation if mutually agreed to by the Client and Consultant.
1.D The Consultant’s assumption is that the project will be constructed through a conventional public design-bid-build delivery method. Basic and Optional Services assume the construction work will be developed as a single bid package to be constructed in a single phase.
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1.E The Client shall provide the following for the Project as needed:
1. A Client representative who can render decisions on behalf of the Project in a timely manner.
2. Scheduling and invitations for public meetings.
3. Information about:
A. Existing site and floor plans for each of the 28 facilities.
B. Relevant previous studies prepare by or for the City of Fairfield.
C. Relevant community development information, including current and projected populations.
4. Services of other specialized consultants if needed for the Project.
5. Any other information not included in Consultant’s Basic Services or Additional Services that is reasonably needed for the Project.
1.F During each phase of the project, direction will be given to the Consultant in Project Management Team (PMT) meetings. Attending these meetings will be the Consultant, City representatives, the City’s Project Manager, and others as determined by the city.
Agreements and action items will be documented in meeting minutes.
1.G Except where otherwise specified in this agreement, summaries of decisions, design direction, establishment of project requirements may be communicated and documented through written meeting minutes and e-mails.
2. Consultant’s Basic Services: Basic Services includes the services described in this Section II.2 including subsections and subparagraphs.
2.A Task 1 Existing Conditions Evaluation. The Consultant shall:
1. Facilitate a kickoff meeting with the PMT where we will confirm project goals and objectives; review the project work plan/schedule, budget; and confirm project management and communications tools and protocols. We will also confirm the supplemental services project participation plan and potentially set target dates for the Workshops.
2. Review City-provided documents, including existing site and floor plans for each of the facilities; relevant previous studies (e.g., organizational , staffing, facility studies); and relevant community development information, including current and projected populations.
3. Provide Facilities Condition Assessment (FCA) for 24 of the 28 city-owned facilities based on the 4 already recently completed FCAs . Each FCA will include an evaluation of the following building and site systems, as required, for each facility:
A. site and infrastructure
B. exterior systems including structural frame, building envelope, wall evaluation, curtain wall, and roofing
C. fire protection and life safety
D. elevators, vertical transportation as well as specialized systems and equipment E. interior elements, food service spaces and equipment F. fungal growth, environmental features, lead-based paint and asbestos
4. Assessment of maintenance efforts to date compared with preventative maintenance recommendations including minimum day -to-day maintenance and associated costs will be based on industry standards. The Consultant will confirm all sources of existing
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data with City staff and where applicable City staff will provide existing studies and reports to be included in the FCA report
5. Comprehensive inspections will be limited to observable areas and systems as well as utilizing input from City staff regarding details of current conditions and facilities background. Inspectors will gather information for each property regarding the building system’s components, characteristics, quantity, install date, life cycle, current condition, and level of repair necessary to achieve optimal condition
6. Prepare a draft FCA Report for the City’s review and comment. Consultant will incorporate the City’s comments and prepare a final FCA Report
7. Meetings:
A. PMT meetings #1-3
8. Deliverables:
A. Project work plan and schedule
B. FCA Report
C. Meeting agendas, exhibits, and summary notes
2.B Task 2 Future Space Needs Assessment. The Consultant shall:
1. Conduct an analysis of the City’s existing operations at the current facilities. We will start by touring each facility with City representatives knowledgeable about current services, programs and operations; the purpose of these tours will be to generally familiarize our team with the opportunities and constraints of each building.
2. Measure the facilities’ current utilization and intended role and whether it is over or underutilized in its current use and capacity. We will also note the ability of each facility to not only serve its current needs but also its ability to accommodate the number of employees housed
3. Summarize industry standards, trends, and best practices in community programs and services including, discussing opportunities for operational and facility efficiencies and other benefits, and compiling recommendations aligned with City goals. We will compare and analyze communities of similar size and density, using both regional and national accepted standards, to get a better understanding of how Fairfield compares
4. Review the City’s projected growth and assess the demand for services. We will develop draft department staff space needs surveys for City review and confirmation before digital distribution. The city staff survey will give us greater insight regarding current and projected department staffing; current and anticipated future services and work trends; inter-department collaboration needs and goals and current and future participation rates of residents in City services
5. Work with City department staff through PMT meetings, interviews and surveys to review and confirm information about current and project use, space needs and staffing levels for each facility and new development within the city that may impact service and staffing needs and any known deficiencies currently affecting these needs
6. Compile and summarize the results of the survey for the PMTs review. We will also conduct follow-up interviews (in person or via web conference) with key department representatives to confirm our understanding of current and future organizational, service, staffing, and program needs and trends that will shape the development of the facilities options
7. Summarize current space allocations and prepare a draft Space Needs Assessment Report of current and projected space and adjacency needs for each City facility for the
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City’s review and comment. We will incorporate City feedback into a final Space Needs Assessment Report.
8. Meetings:
A. PMT meetings #4-6
B. Facility tours
C. Department interviews
9. Deliverables:
A. Program inventory and analysis
B. Survey instruments
C. Space Needs Assessment Report
D. Meeting agendas, exhibits, and summary notes
2.C Task 3 City Alternative Facilities Options. The Consultant shall:
1. Prepare at a minimum two (2) strategic space planning options for City facilities for review and confirmation by the PMT. Options could address the renovation of existing facilities, demolition and full reconstruction and/or new construction or an option that combines both renovation and new construction. Each option will summarize the proposed facility location and space allocation for each department/division, including summary tables and bubble diagrams as appropriate to communicate key features and distinctions between options, and areas in square feet
2. Establish a set of evaluation criteria including but not limited to cost, schedule, phasing, and alignment with city goals, that will be used to compare and evaluate the options.
This process allows a subjective evaluation that can be vetted, confirmed, and shared with key stakeholders and city leadership
3. Review the feedback and outcomes work to date with the PMT and confirm the City’s preferred space plan option(s).
4. Refine the recommended strategy to reflect City input.
5. Meetings:
A. PMT meetings #7-9
6. Deliverables:
A. Space plan options
B. Recommended Space Plan(s)
C. Evaluation criteria
D. Meeting agendas, exhibits, and summary notes
2.D Task 4 Budget and Implementation Plan. The Consultant shall:
1. Develop a project budget reflecting the recommended option(s) including a rough order of magnitude cost, proposed phases/timelines and associated next steps, as appropriate
2. Prepare an implementation plan summarizing the project process, evaluation, analysis, and recommendations, for the City’s review and comment. The plan will contain all necessary elements including issues and challenges, strategies, list of available funding mechanics to meet the City’s short-term, mid-term and long-term vision
3. Incorporate the City’s comments and prepare a final Implementation Plan
4. Prepare a presentation to City Council of both the draft and final Implementation Plan summarizing the process, recommendations, and next steps for review and approval.
5. Meetings:
A. PMT meetings #10-12
B. (2) City Council presentations
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6. Deliverables:
A. Comparative Budgets
B. Implementation Plan
C. City council presentation exhibits
D. Meeting agendas, exhibits, and summary notes
III. SUPPLEMENTAL SERVICES
1.A Task 5 Public Participation. The Consultant shall:
1. Public Workshop/Meeting #1 . Facilitate a workshop with key stakeholders and/or community members to review the draft needs assessment and the facilities analysis.
Consultant will review the current and projected program and service needs, workflow and adjacencies, support space, and inter-department adjacencies. The consultant will review trends and best practices and discuss how these m ay enhance space planning for City departments and divisions. The consultant will also explore opportunities for shared programs and services with the City’s partners
2. Public Workshop/Meeting #2 . Review and discuss each of the options at the second workshop with key stakeholders and/or community members. Workshop participants will provide feedback on the options and help evaluate each option according to the evaluation criteria.
3. Meetings:
A. (2) Public Workshops.
B. (2) virtual PMT meetings
4. Deliverables:
A. Meeting agenda, exhibits and summary notes.
IV. ADDITIONAL SERVICES
1. The following services are not included in the Consultant’s Scope of Basic Services and shall be provided if requested by the Client. The Consultant shall be compensated for Additional Services in addition to compensation for Basic Services and Reimbursable Expenses.
1.A Additional meetings beyond those identified in Exhibit A, Section II.
1.B Engineering and specialist consultants
1.C Sustainability strategy / planning
1.D Organizational consulting services
1.E Real estate consulting
1.F Environmental studies
1.G Traffic engineering
1.H The services of consultants other than those listed above.
1.I EIR services
1.J Cost estimates, other than those listed above.
1.K Scale models
1.L Computer animation.
1.M Preparation and conducting focus groups and follow up
1.N Revising drawings, designs, or other documents when such revisions are inconsistent with approvals or directions previously given by the Client, made necessary by determination by the Client or its other consultants, or made necessary by the Client’s failure to render decisions in a timely manner.
1.O Any other service not included in Section II. Basic Services.
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SCHEDULE OF SERVICES
Consultant shall complete all Basic Services Tasks 1 through 4, as described in Exhibit A, by end of December 2026.
The preliminary schedule for Tasks 1 through 4 of Basic Services is as follows.
Task 1: Existing Conditions Assessment 3 months from NTP Task 2: Future Space Needs Assessment 3 months from completion of Task 1 Task 3: City Alternative Facilities Option 3 months from completion of Task 2 Task 4: Cost Estimate and Implementation Plan 3 months from completion of Task 3
The schedule for the project overall or any phase(s) may be adjusted upon mutual agreement of the City and the Consultant to meet changing project needs.
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EXHIBIT “B”
PAYMENT
1) For and in consideration of Consultant’s Services, the CITY agrees to pay CONSULTANT a stipulated sum, but in no event shall total compensation exceed the Four Hundred and Ten Thousand Dollars ($410,000) which will not be exceeded without CITY authorization. a. Task 1: Existing Conditions Assessment $123,200
b. Task 2: Future Space Needs Assessment $119,100
c. Task 3: City Alternative Facilities Option $ 93,700 d. Task 4: Cost Estimate and Implementation Plan $ 62,700 e. Total Basic Compensation for Tasks 1-4: $398,700
f. Reimbursable Expenses Allowance $ 11,300
g. Total Maximum Compensation $410,000
h. Supplemental Services: Public Participation $ 29,800
2) Additional Services performed by the CONSULTANT for any work required by the CITY, which is not specified as part of Exhibit A, including but not limited to any changes to CONSULTANT's Services, shall be compensated by the use of the time and material fee rates below or as a negotiated stipulated sum of the attached Exhibit "B." No extra work will be compensated for unless required by the CITY in writing. The rates below will be in effect through December 31st, 2025, and are subject to annual revisions at the start of each calendar year.
Principal in Charge $280.00
Principal $270.00
Associate $250.00
Project Manager $215.00
Architect III $210.00
Architect II $200.00
Architect I $195.00
Architectural Staff III $185.00
Architectural Staff II $175.00
Architectural Staff I $165.00
Interior Designer II / Planner II $175.00
Interior Designer I / Planner I $165.00
Project Support $140.00 -$250.00
Consulting Principal $345.00
3) Payment shall be made to CONSULTANT on a stipulated sum basis, and CONSULTANT shall submit monthly invoices to the City of Fairfield, Public Works Department, Attention: pw- [email protected]. CONSULTANT shall notify the CITY in writing when the CONSULTANT’s total billing invoice is within 25% of the total authorized amount Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT and shall be billed on a time
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and materials basis or as a negotiated stipulated sum to the City of Fairfield, Public Works Department, Attention: Caroline Vedder.
Reimbursable expenses related to the Project, whether for consultant, subconsultant, or City use, and are billable at direct cost. Reimbursable expenses are in addition to compensation for Basic Services in Exhibit A and shall not exceed Eleven Thousand Three Hundred Dollars ($11, 300) without approval by the City. Reimbursable expenses include expenses incurred by the Architect and subconsultants in the interest of the Project. Such costs include, but are not necessarily limited to:
▪ Plotting of check sets and presentation drawings.
▪ Outside service scanning, printing, copying of drawings and documents of any size. ▪ In-house project -related printing/copying (black/white and color), including draft and final reports, specifications, and drawings.
▪ Outside telephone conferencing services.
▪ Postage, delivery and messenger service.
▪ Overtime expenses with prior client approval.
▪ Architectural renderings, physical and digital scale models and animations. ▪ Videos, web services, opinion surveys.
▪ Travel expenses, including mileage, tolls, lodging and meals. ▪ Sub-consultant costs.
▪ Presentation boards.
▪ Facilitation tools.
▪ Workshop accessories and facilitation materials.
▪ Software purchase and licensure on behalf of the client. ▪ Additional consultant services.
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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 t o 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 provide services under this Agreement. 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 provide services under this Agreement.
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 Services as described in Exhibit A. CONSULTANT shall not be held responsible for delays beyond its reasonable control. 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 the 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 in the manner consistent with that degree of care and skill ordinarily exercised by members of the profession in which CONSULTANT is engaged at the same time and in the same or similar geographical area. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a professional manner consistent with the aforementioned standard of care. Nothing in this Agreement shall be interpreted to require CONSULTANT to meet any higher standard of care and this paragraph shall control over any such contrary provision. The 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
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for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for the work performed after the date of receipt of the 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 work products of the CONSULTANT provided under this Agreement shall be the property of the CITY upon payment in full of all monies due to CONSULTANT. 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 (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to CONSULTANT’s proportionate percentage of fault.
CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law or jury. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court or jury having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY. b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra -hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the pe rformance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.
It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated.
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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, contractors, 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 CI TY 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.
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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 claim.
Cyber Liability Insurance in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence.
Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence.
Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants.
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________
3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respect to the CITY, its officers, officials, X
X
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employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers’ liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute to 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 affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected].
All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub-
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contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors’ work on behalf of CONSULTANT.