Fairfield City Council
July 1, 2025

PROFESSIONAL SERVICES AGREEM ENT
THIS AGREEMENT is made at Fairfield, California, as of _, 2025, 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 submitt ed 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 on line 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. 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 Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of I
Revised 1/09/2025

air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https:// ww2.arb.ca.qov/ our-worl</p roqrams/ 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: David Vong
E-mail: [email protected]
Invoices: [email protected]
Address: 1000 Webster Avenue, 3rd Floor, Fairfield, CA 94533 Telephone: (707) 428-7784
Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Leo Rubio
E-mail: [email protected] rr
Address:

Telephone:
l082SunriseAve,ste l00,Roseville,CA9566:
916.397.4481
EXECUTED as of the day first above-stated.

City of Fairfield, a municipal corporation
By: _

CONSULTANT
By:L,,~ ,:,
2 Revised 1/09/2025

EXHIBIT "A"

SCOPE OF SERVICE
Scope of Services
Client:

Consultant:

Project:

Date:

City of Fairfield
Bennett Engineering Services Inc
Markeley Lane Reconnection Project
April 10, 2025
Bennett Engineering Serv}ces -i
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Consultant's services shall be limited to those expressly set forth below, and Consultant shall hove-no-other­ obligations or responsibilities for the Project or to the Client except as agreed to in writing or as provided in this Agreement. All of Consultant's services in any way related to the Project or Client shall be subject to the terms of this Agreement.

ASSUMPTIONS:
• Design Assistance During Construction will be provided under another task order TASK 1. Project Management
Subtask 1.1. Project Development Team Meetings and Field Review Bennett Engineering Services (BEN I EN) in coordination with the City project manager, will develop the project development team (PDT) including representatives from subconsultants and appropriate City staff. BEN I EN will set up and facilitate all PDT, interagency, field review, and other project­ related meetings. The team will prepare all meeting agendas, meeting minutes, necessary supplemental materials, and meeting sign-in sheets.

ASSUM PTIONS:
• BEN JEN assumes a total of twelve (12} meetings held via teleconference and one (1) field review meeting
DELIVERABLES:
• Meeting notices, agendas, minutes, and sign-in-sheets Subtask 1.2. Project Budget, Schedule, Invoicing, Status Reports A project budget will be established and managed in collaboration with the City Project Manager for successful project delivery. A draft status report will be submitted for City approval prior to submitt al of the first invoice. BENB I EN will prepare and update the project schedule in MS Project.

BEN I EN will prepare and submit monthly invoices and status reports to the City. The status reports will include project tasks completed, deliverables submitted, and budget expenditures for that month's invoice.

DELIVERABLES:
• Project Schedule Updates, Montli/y Invoices, and Status Reports Subtask 1.3.. Quality Control
The team will prepare a quality control plan - utilizing both our existing internal controls and the guidelines as set by the City - and we will provide technical resources necessary to ensure that deliverables are complete, and that they meet the City's requirements. Reviews will be conducted by experienced staff not directly involved with the design or preparation of the deliverables. The re.view will be documented using a review form indicating the reviewer's name, date of the review, and the resolution of any comments. This task includes providing quality control reviews for the GAD, 65%, 95%, and Final PS&E submitt als.

DELIVERABLES:
• Quality Control Reviews and Forms
INITIALS:

Pagel of 15
3 Revised 1/ 09/2025

Exhibit A: Scope of Services
Ma1keley Lane Reconnection Proiect.

TASK 2. Preliminary Engineering
Subtask 2.1. Topographic Survey
UNICO will perform detailed (non-aerial) topographic surveys utilizing identical control used as part of exiting devefopment in the vicinity for overall consistency. UNICO will perform design topographic surveys along an approximately 1,200 linear foot portion of the proposed Markeley Lane from its current location at the intersection of Viking Lane along the proposed alignment to the intersection of Peabody Road.

UNICO will locate street intersection improvements such as walks, curbs, gutters, curb ramps, striping, edges of pavement, signs, fences, walls, driveways and AC slopes. UNICO will also locate all visible utilities such as utility poles, signals, manholes, valves, boxes, vaults, drain inlets, trees (size and drip circle), and other relevant features critical to design. Road cross-sections will be located at 25' intervals or closer, including all curve points, grade breaks and change in directions. UNICO will locate ground features, drainage, trees and visible utilities along the reconnection alignment at sufficient width for roadway design. Measure downs to relevant sewer and drain structures will be performed to include depth, approximate size and flow direction.

Special attention to conforms, driveways, ADA access and ADA curb ramps will be given. UNICO will locate all pre-marked USA markings (by others) and any Geotech potholes.

UNICO will map all topographic features in AutoCAD format to include 1' contours and 30 surface. UNICO will set durable project control along the corridor for future surveys and construction control.

DELIVERABLES:
• TopographicAutoCAO Base File
• Survey Control Table
• Points Files
Subtask 2.2. Boundary Survey and Mapping
UNICO will research records of surveys, subdivision maps, parcel maps, highway maps, corner record cards and deed documents for the determination of the existing right of way and parcel boundaries along the project corridor. UNICO will perform field surveying of record right of way and property monuments to resolve the right of way and parcel boundaries. UNICO will resolve the boundaries from record and field information and create an overall boundary base map. UNICO will purchase four (4) title reports for properties that may be impacted by the project to best determine rights of way, easements and other boundary constraints. UNICO will prepare a right of way and boundary LANDNET base file showing all right of way, easements, ownership details, and Parcel identification APN's. All monuments that are found within the project footprint, will be located and shown on base file for future monument perpetuation activities during the construction phase.

DELIVERABLES:
• lANDNET AutoCAD Base File
• Maps and Deeds
• Points Files
Subtask2.3. Basis of Design Technical Memo
BEN I EN will prepare the Basis for Design Technical Memorandum for City review. The memo will identify the Project requirements, key constraints, and the applied design decisions consistent with the following:
• City of Fairfield Standard Details
• City of Fairfield Engineering Design Standards
• NCHRP Report 1034
• AASHTO Policy on Geometric Design of Highways and Streets • AASHTO Roadside Design Guideline
DELIVERABLES:
• Draft and Final Basisf or Design Technical Memorandum

Revised 1/09/2025

Exhibit A: Scope ot Services
Markeley lane Rernnnection Project
Subtask 2.4. Traffic Operations Analysis
Kittelson proposes to analyze anticipated traffic volumes at the Viking Lane/Markeley Lane intersection to test roundabout operational performance against City of Fairfield operational standards.

As part of this task, Kittelson will review prior studies (including nearby traffic studies or other planning/engineering studies carried out by the City) to identify analysis volumes at the study intersection.

Kittelson assumes an appropriate available source of traffic volumes (existing and anticipate) is available to review and apply for study and that no future conditions forecast development is necessary (e.g., travel demand model runs). We will test single-lane or, if necessary, multilane roundabout geometry scenarios to identify a suitable near-term and long-term geometric configuration.

Kittelson will prepare a traffic operations memo that will describe the approach for the traffic analysis and assumptions, software choice, and tools for the traffic operations analysis, and results. The memo will also provide a recommended roundabout lane geometry.

The traffic operations memo will be circulated among key stakeholders for review and comment. Kittelson will finalize this memo addressing all comments before proceeding with the study.

DELIVERABLES:
• Draft and final traffic operations memo
Subtask 2.5. Geotechnical Report
The purpose of our services will be to evaluate the subsurface soil conditions along the project alignment and provide geotechnical recommendations for the proposed improvements. Geocon will perform a limited geologic/geotechnical literature review and review any as-built information for the site and vicinity.

Review available project maps and plans to select exploration locations.

Perform a site reconnaissance to review project limits, existing conditions, and to evaluate exploration equipment access.

Mark out exploratory excavation locations In the field for subsequent utility clearance.

Notify subscribing utility companies via Underground Service Alert (USA) a minimum of two working days (as required by law) prior to performing exploratory excavations at the site.

We assume that obtaining permission-to-enter or encroachment permit from the parcel owner will be coordinated by others.

Apply for, pay the required fees and obtain a soil boring permit from the Solano County Environmental Health Services Division (SCEHSD).

Perform four (4) exploratory borings using a truck-mounted drill rig equipped with auger drilling equipment.

Boring depths will range from 5 to 20 feet, depending on conditions encountered.

Obtain representative samples from the borings.

Upon completion, backfill the borings in accordance with SCEHSD permit requirements. Excess drilling spoils will be spread onsite.

Perform three (3) additional borings to depths ranging from 5 to 7 feet within the proposed detention basin area for the purposes off ield infiltration testing.

Perform field infiltration testing in each of the additional borings using an Aardvark permeameter.

Perform laboratory tests to evaluate pertinent geotechnical parameters.

Analyze field and laboratory data and prepare a summary report to include (but not be limited to) the following:
• Scope of work summary, project description, and field exploration summary. 5

Exhibit t,: Scope of Service,
Markeley Lans Re.connection Project.
• Site Plan showing locations of our borings and infiftration tests. • logs of the borings including depth to groundwater (if encountered). • Infiltration test results and recommended design infiltration rate(s), • Description of site geology and subsurface soils conditions. • Summary of laboratory testing program.
• Goetechnical laboratory test results.

DELIVERABLES:
• Draft and final Geotechnica/ Report
Subtask 2.6. Roundabout Conceptual Design
Kittelson will prepare a roundabout concept design for the Viking Lane/Markeley Lane roundabout. Concept development includes up to two scaled hand sketches over aerial imagery (demonstrating possible location or geometric configuration alternatives, as desired), turn template analysis to verify horizontal geometry, and identification of necessary treatments or lot adjustments to locate intersection elements like pedestrian and bicyclist crossings appropriately. Kittelson will obtain high-quality aerials and parcel/right-of-way boundary data from the City, if available. If those data are not available, Kittelson will use our Nearmap subscription to obtain aerial imagery at no additional cost to the project.

Kittelson will work with the prime and the City to verify appropriate design vehicles and paths. Concept development will support establishment of an intersection footprint. The project team will select one roundabout concept to further develop; for that concept, Kitt elson will prepare fastest path performance checks consistent with NCH RP Report 1034: Guide for Roundabouts and will subsequently prepare concept linework in CAD software for review and further development. Detailed intersection design is excluded in this scope.

DELIVERABLES:
• Up to two scaled hand sketches, including tum template analysis • CAD concept and fastest path performance checks consistent with NCHRP Report 1034 Subtask 2.7. Roundabout Gateway Concepts
Gates will prepare up to two concepts for the treatment of the proposed roundabout. This effort includes:
• Meeting with City/team to understand City's expectations on the gateway design. • Review Fairfield Train Station Specific Plan for the design guidelines and characters/materials for • the gateway design.
• Develop up to (2) draft gateway concepts.
• Att end (2) design Charett e with City and team.
• Prepare the final gateway concept based on the input received from City.

DELIVERABLES:
• Draft and Final Gateway Concepts
Subtask 2.8. Ge.ometric Approval Drawings
BEN l EN wiH work with City to confirm the proposed Project improvements and develop Geometric Approval Drawing (GAD). The GADs will be prepared as a roll plot.

DELIVERABLES:
• Draft GAD - pdf roll plot {36" wide)
• Final GAD - pdf roll plot {36" wide)
• Estimate of Probable Construction Costs at 35% level

Exhibit A: Scope of Services
Markeley Lane Reconnection Project:

Subtask 2.9. Drainage Report Validation
BEN I EN will validate the parameters in the drainage report prepared for the area by Bellecci & Associates match current requirements, including C.3, and prepare a technical memo documenting any changes needed.

DELIVERABLES:
• Draft and Final Drainage Report Update Technical Memorandum • Required Stormwater Treatment Calculations for Roadway Improvement only TASK 3. Public Outreach
Subtask 3.1. Community and Stakeholder Engagement
AIM Consulting will lead a comprehensive engagement strategy, ensuring the community is informed and involved in the planning process. Key tasks include:

Two (2) In-Person Community Workshops
• Planning, promotion, facilitation, and documentation of two in-person public workshops. • Provide bilingual materials and translation services (English and Spanish). • CoorcHnate logistics and accessibility for diverse audiences. • Develop workshop summaries and feedback reports.

Focus Meeting at Vanden High School
• Organize and facilitate a targeted stakeholder focus group at Vanden High School. • Collaborate with school administration and City staff for scheduling and outreach. • Provide bilingual support and culturally appropriate materials.

Project Website Development & Management
• Design project website content for the City of Fairfield page, complete with the branding guidelines. • Include project overview, timelines, documents, FAQs, and engagementt ools [e.g., surveys or comment forms).
• Maintain the website with regular updates throughout the engagement period.

Communication Collateral
• Create project branding, flyers, social media graphics, email newsletters, and press releases. • Coordinate translation of key materials and ensure accessibility into English and Spanish.

ASSUMPTIONS:
• City will provide meeting space at Vanden High School at no cost. • City will lead EIR technical updates and engineering scope; AIM will coordinate communication and public interface.
• AIM will not be responsible for formal translation or interpretation beyond English and Spanish. • City staff will participate in all public meetings and help with promotion through City channels.

DELIVERABLES:
• Two (2) Workshop Plans, Agendas, Materials, and Summaries • One (1) Focus Meeting Plan and Summary Report
• Project Website (live and maintained through engagement phase) • Bilingual Outreach Materials {English and Spanish)
• Final Outreach Summary Report for inclusion in grant/EIR documents TASK 4. Environmental
Subtask 4.1. CEQA Documentation
· It is anticipated that the CEOA documentation prepared for the Fairfield TSSP will be determined to have adequately addressed the proposed project and that subsequent analysis and/or documentation would not Pagec5 of 1.5
Revised 1/09/2025

Exhibit A: 5co~ of 5ervice.s
Markeley Lane Reconnection Prnject
be required for CEQA. ESA will complete a focused review of the Fairfield TSSP EIR to confirm that the EIR adequately addressed the proposed project elements, and there are no substantial changes to the project or project's circumstances nor new information that would require major revisions to the 2011 Fairfield TSSP EIR, and prepare an Addendum memorializing that analysis and conclusions for the project record.

If the results of the focused analysis determine that additional Cf QA documentation would be required (e.g., Supplemental EIR, etc.), then ESA will notify the City and ESA is available to complete that work under an amended agreement.

DELIVERABLES:
• Addendum to the 2011 Fairfield TSSP EfR
Subtask 4.2. Pre.liminary Environmental Survey Form (OPTIONAL) Once federal funding is awarded, ESA will begin preparation of analyses and documentation to satisfy the requirements of NEPA.

To initiate the NEPA review process with Cal trans District 4 Division of local Assistance, ESA will prepare a Preliminary Environmental Study (PES) form for the project in accordance with the requirements of the Local Assistance Procedures Manual (LAPM), Chapter 6. An approved PES form is required by Caltrans in order to identify and scope any environmental technical studies that Caltrans may require to support their review and approval of the project under NEPA.

DELIVERABLES:
• Preliminary Environmental Study Form
Subtask 4.3. Environmental Technical Studies (OPTIONAL) The analysis completed in the NEPA document will be supported by technical investigations and studies as follows:

Aquatic Resources Delineation Report
Satellite photos show evidence of potential wetlands in and near the project area. An aquatic resources delineation will be performed to identify and quantify any jurisdictional waters and wetlands within the project site. The wetland boundaries will be determined in the field using the presence or absence of wetland indicators according to the methodology in the USACE 1987 wetland delineation manual and the Arid West regional supplement. The boundaries of wetlands will be mapped on figures of an appropriate scale and provided to Siegfried in GIS shape files. There do not appear to be any stream or lake features with a defined bed and bank that would be subject to California Fish and Game Code Section 1602 and the report would make a statement indicating the absence of these features and riparian habitat.

A stand-alone Aquatic Resources Delineation Report (ARDR) will be prepared describing jurisdictional waters and wetlands in the project area. The report will include methods, results, and a graphic depicting the approximate size and location of any jurisdictional areas. The report will be consistent with the requirements of USACE, RWQCB and CDFW. Copies of field data sheets will be included. The report will provide the necessary documentation for developing and processing subsequent Section 401 permit and/or Waste Discharge permit application and 404 permit application. It is assumed that a Section 1602 Strearnbed Alteration Agreement will not be needed.

Botanical Survey
ESA will conduct a botanical survey of the project study area (including the proposed work areas, access routes, and staging areas) where special-status plants may occur in support of regulatory permitting. These surveys will follow the CDFW 2018 Protocol for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities. A one-day survey in the spring {April) will coincide with the flowering period of Contra Costa goldfields (Lasthenia conjugens) and ESA will also visit a reference population for this species. The results of the survey and any recommendations will be included in the Natural Environment Study report prepared for the project.

Revised 1/09/2025

Exhibit k Scope of Services
Markeley Lane Reconnection Project
Biological Resources
ESA will prepare a Natural Environment Study (NES) to identffy biological resources in the project area and analyze potential project effects. ESA will complete a background review and biological resources reconnaissance survey of the project area to assess and document protected biological resources present or those with potential to occur, evaluate potential impacts on biological resources that may result from project construction and operation, and identify applicable mitigation measures. If necessary, avoidance, minimization or mitigation measures will be identified to reduce the project's effects. The NES wlll also identify any expected regulatory permits that may be required for the project prior to construction, and if consultations pursuant to the federal Endangered Species Act (FESA) would be expected upon programming of federal funding fort he project.

Biological Assessment and Federal Endangered Species Act: Consultation If the results of the NES identify that federally listed species (e.g., California tiger salamander, Contra Costa goldfields, etc.) may be affected by the project, ESA will prepare a Biological Assessment (BA) to assess the effects of the project and to support Caltrans as the NEPA Lead Agency to complete Section 7 Consultation with U.S. Fish And Wildlife Service (USFWS). Conservation measures utilized in the BA wlll incorporate minimization measures from applicable, species-specific programmatic biological opinions, where appropriate. It is assumed that Formal Consultation would be required and that a Likely to Adversely Affect determination would result from the consultation process.

Cultural Resources and Section 106
ESA will contact the Native American Heritage Commission to request information on known sacred sites in the project vicinity and draft letters for the City, in cooperation with Caltrans, to send to Native American tribes who have requested consultation in compliance with Section 106 of the National Historic Preservation Act {Section 106}.

ESA will also complete a records search at the California Historical Resources Information System's Northwest Information Center (NWIC} to identify known locations of archaeological and historic resources.

ESA will then examine the potential impacts of the project on archaeological and historic resources, and if necessary, identify applicable avoidance, minimization or mitigation measures to avoid adverse effects to historic resources. This scope does not include a subsurface study to test for the presence of buried archaeological resources; if deemed necessary these tasks would be scoped separately.

Following these investigations, ESA will prepare cultural resources documentation in the format required by Caltrans, which would consist of an Area of Potential Effect (APE) map, a Historical Property Survey Report (HPSR) and Archaeological Survey Report (ASR}. It is assumed that no historic-era structures would be in the project area that would need to be recorded and evaluated, and preparation of an Historic Resources Evaluation Report (HRER) would not be required.

Air Quality
The project area is located within the San Francisco Bay Area A1r Basin (SFBAAB) under the Jurisdiction of the Bay Area Air Quality Management District (BAAQMD). Solano County is in a National Ambient Air Quality Standards non-attainment area for ozone and part iculate matt er 2.5 (PM2.5).

ESA will prepare an Air Quality Assessment Report (AOAR) to evaluate the project's predicted emissions for federal criteria pollutants (ozone, PM2.5, PM10, CO, NO2, SO2 and lead), MSATs, and asbestos. Emissions analyses will compare the future year "Build" scenario to the future year "No-Build" scenario, and are expected to be limited to modeling for Particulate Matter (PM) using the EMFAC modeling tool. Other criteria pollutants will be analyzed qualitatively.

It is assumed that the project will be included in a conformity Regional Transportation Plan (RTP) and Transportation Improvement Plan (TIP); therefore, regional emissions modellng will not be required.

Documentation of the project's inclusion in the conformity RTP and TIP will be included in the AQAR.

Revised 1/09/2025

Fxhitiit A: Scope of Services
Markeley lane Reconnection Project
It is assumed that the duration of project construction would not exceed three years, and that construction would not substantially impact traff ic; therefore, a construction emissions analysis will not be required as part of the AQAR.

It is also assumed that the project would not meet the criteria of a Project of Air Quality Concern (POAQC}; therefore, a hot-spot analysis would not be required. It is also assumed that the project would fall under the category of Projects with Low Potential MSAT Effects, and a qualitative MSAT analysis would be sufficient.

Air Quality Conformity Analysis
The project is located in an area designated as nonattainment for federal ozone and PM2.S ambient air quality standards. As a result, preparation of an Air Quality Conformity Analysis (AQCA) and an FHWA conformity determination will be required. ESA will prepare the AQCA based on information contained in the AQAR and inclusive of the content and format required under the Caltrans Air Quality Conformity Analysis annotated outline. It is assumed that the project would not be identified as a Project of Air Quality Concern (POAQC). ESA will also prepare presentation materials for discussion (interagency consultation) with the MTC Transportation Conformity Working Group (TCWG) for concurrent that the project is not a POAQC, and attend one TCWG meeting to present the project. Upon completion of the interagency consultation for the project, ESA will complete a Caltrans Transportation Air Quality Conformity Findings Checklist to document that all air quality conformity requirements for the project have been met, and attach the Checklist and the AQCA to an Air Quality Conformity Analysis Cover Letter for transmittal to FHWA for review and issuance of the conformity determination.

Noise
Sensitive noise receptors, including existing and planned residential uses, are located near the project area.

ESA will complete a noise analysis in the form of a Noise Study Report (NSR) to predict noise impacts associated with project construction and operation. ESA will identify applicable noise standards and thresholds, model predicted construction and operational noise as well as assess vibration levels from project construction equipment based on proximity to structures, identify predicted exceedances of applicable noise standards and thresholds, identify applicable avoidance, minimization or mitigation measures if needed to reduce noise impacts to below acceptable thresholds. Analysis of potential construction-related noise and vibration impacts will use the Roadway Construction Noise Model and vibration levels for construction equipment and building damage and human annoyance criteria published by the Federal Transit Administration. Operational impacts from the change in traffic along the roadway will be evaluated using methodology from Caltrans Traffic Noise Protocol.

Visual Impact Assessment
To assess the potential for the project to substantially change the visual environment of the project area, ESA will complete a Visual Impact Assessment Memorandum (VIA Memo). The VIA Memo will briefly describe project features, project effects and any recommended avoidance and minimization measures. The VIA Memo will follow the requirements of the Caltrans Visual Impact Assessment (for Minor level VIA Memo).

DELIVERABLES:
• Aquatic Resources Delineation Report
• Natural Environment Study
• Biological Assessment to support Formal Section 7 Consultation • Historic Property Survey Report/ Archaeological Survey Report • Air Quality Assessment Report
• MTC Transportation Working Group Consuftation Materials and Meetlng Attendance • Air Quality Conformity Analysis Report
• Noise Study Report
• Moderate Visual Impact Assessment Memorandum

Revised 1/09/2025

Exhibit A: scope of services
Markeley I.an'! Reconnection Project
Subtask 4.4. NEPA Documentation (OPTIONAL)
As applicable, ESA will prepare an Environmental Assessment (EA) to support a Finding of No Significant Impact (FONS!) for use by Caltrans District 4 Division of Local Assistance in completlng NEPA review of the project.

ESA will prepare an Administrative Draft EA for review by the project team, City and Caltrans. The EA will be completed in the required Calt rans format. Following internal review of the Adrnlnlstratlve Draft EA, ESAwill review comments and make changes as necessary, resulting in a Public Draft EA that is ready for distribution. Following public review of the Draft EA, ESA will prepare a FONS! for Caltrans' use in approving NEPA for the project.

If upon consultation with Caltrans and completion of environmental technical studies Caltrans determines that the project would qualify as Categorically Excluded from NEPA and that an EA/FONS! would not be required, ESA will prepare the required documentation to support Caltrans' application of a Categorical Exclusion {CE).

DELIVERABLES:
• Administrative Draft NEPA Document
• Public review-ready PDF of Draft NEPA Document and associated notices • Final NEPA Document; FONS/ or Environmental Commitments Record, and associated applicable notices.

Subtask 4.5. Regulatory Permits
ESA will prepare the necessary environmental permitting application packages for the project. All application packages will include: the appropriate application forms, a Supplemental Information document with additional project information, required att achments and supporting maps and/or graphics. Several of the technical studies identified above will be required as attachments for the application packages. Agency submittals are anticipated to occur through on line portals or via email and will be completed by ESA. It is anticipated that the following permit/ authorization will be needed:
• Section 401 Water Quality Certification/W aste Discharge Requirements (Regional Water Quality Control Board [RWQCB])
In addition, the following authorlzatton may be needed if the U.S. Army Corps of Engineers (USACE) determines that on-site wetlands are Waters of the U.S. • Section 404 Nationwide Permit (U.S. Army Corps of Engineers [USACE)) ESA will request an interagency pre-application meeting to solicit early design input and confirm the permitt ing approach for project implementation/ construction. In addition to the pre-application meeting this scope includes one one-hour coordination meeting with each agency to facilitate application processing (up to 5 meetings). ESA will provide up to 2.0 hours of environmental consulting support for preparation of responses to agency requests for additional information.

DELIVERABLES:
• Regulatory Permit Applications - 401/W DR and 404, if needed.

TASK 5. Right of Way Acquisitions
Subtask 5.1. Phase I Environmental, Site Assessment
A Phase I ESA will be performed to evaluate the potential presence of environmental concerns and contaminated properties at the site that may impact construction of the proposed improvements. Potential environmental concerns and contaminated propert ies that are determined to potentially pose a significant impact to the planned improvements would be further evaluated during a subsequent environmental site investigation.

Page "l of :15
Revised 1/09/2025

Exhibit A: Scope of Services
Markeley Lane Reto nnett lon Projt'<-i
The primary purpose of the ESA is to assess the site for the potential presence of recognized environmental conditions (RECs) (i.e., levels of hazardous substances and/or petroleum products warrantfng regulatory cleanup action) and the uses and conditions at properties and fa ilities in the site vicinities with the potential to cause (or have caused) an REC at the site. For the purposes of thls ESA, the "vicinity" of the site is defined as properties/facilities within 1/8 mile of the site. The ESA will be performed in general accordance with the ASTM International {ASTM) Designation E 1527-21 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.

Perform a reconnaissance of the site to assess for the presence, or make visual observations of indicators of the potential presence, of RECs on the site. These indicators may include 55-gallon drums, underground and aboveground storage tanks, chemical containers, waste storage and disposal areas, industrial facilities, discolored surficial soils, electrlcal transformers that may contain polychlor[nated biphenyls, and areas conspicuously absent of vegetation. If access is unavailable to any portions of the site, our ability to complete the assessment described herein may be hindered. Assessment of the site for wetlands, asbestos­ containing building materials, lead-containing paint, lead in drinking water, radon, methane gas, and naturally occurring substances such as arsenic and asbestos are not included in the ESA services.

Perform a visual survey of adjoining and adjacent properties from the site and from public thoroughfares to observe general types of land use and conditions surrounding the site.

Review the Standard Environmental Records Sources: Federal and State as referenced in ASTM Designation E 1527-21 to obtain information regarding the potential presence of hazardous substances and/or etroleurn products on the site or on properties within the approximate minimum search distance specified for each source, reviewing reasonably ascertainable regulatory agency files for the site and documented hazardous substance and/or petroleum product release locations near the site. The sources for these files could include the local department of environmental health, the California Regional Water Quality Control Board, and the California Department of Toxic Substances Control.

Review pertinent and reasonably ascertainable information sources to evaluate physiograph[c, geologic, and hydrogeologic conditions in the vicinity of the site.

Review and interpret reasonably ascertainable historical aerial photographs to obtain information concerning the historical use of the site and adjacent properties.

Review historical United States Geological Survey topographic maps to obtain information relative to the topography of the site, as wel] as previous development and uses of the site and properties located in the vicinity of the site.

Review documents provided by the Client. Potentially useful documents may include geotechnical, geologic, and environmental reports, site plans, plot plans, and correspondence wfth regulatory agencies.

Prepare a report summarizing the findings of the ESA for the site and qualitatively describing existing, or the potential for, RECs on the site.

ASSUMPTIONS:
• Client will coordinate site access/permission to enter. • The requested services are not part of a trust or corporate, Small Business Administration, or pre­ foreclosure real estate Phase I Environmental Site Assessment, nor is it required to meet Freddie Mac, Fannie Mae, or HUD requirements.
• The research of environmental liens and activity and use limitations (AULs) is not included in this quotation. We will rely on the Client to contract with a title company, real estate attorney or other professional to provide lien and AUL data. If requested, we can contract for an environmental lien and AUL search for an additional fee.
• Based on the size of the site, we assume that multiple database area searches and multiple sets of historical aerial photographs and historical topographic maps will not be required from the

Revised 1/09/2025

Exhibit A: Scope of Services
Markeley lane Reconnection Project
environmental database vendor (EDR). EOR will survey records for facilities and properties within a maximum of 1.0 mile beyond the site boundaries.
• The report will not include water supply well information. • Geocon has based our fee for the ESA on performing one visit to the site and that one day will be sufficient for the site reconnaissance.
• We will perform the ESA for the Client on a standard 5 to 6 week turnaround time. We will note in the report any required information that we could not obtain within the assessment and reportinq period. If data gaps are identified, we will provide an assessment of how the missing information impacts the report's findings and conclusions.
• Reliance letters are not included in this cost proposal, but we can provide them for an additional fee upon request.

DELIVERABLES:
• Draft and Fina! Phase I ESA Report
Subtask 5.2. Appraisals
All appraisals and appraisal reviews for the acquisition of real property will be prepared in accordance with the 49 CFR Part 24 and with the Uniform Standards of Professional Appraisal Practice (USPAP). A single "self­ contained" appraisal report will be prepared for each property acquisition that will contain relevant project­ related data, subject property information, market cornparables, and an analysis of the appraiser's value conclusions.

During the appraisal process, Monument will be responsible for the following procedures:
• Prepare appraisal scope, fees, and timing on a property-by-property basis. • Issue appraisal notices to property owners. Conduct field reviews of property issues with appraisers. • Make weekly contact with appraisers to update progress. • Review appraisals for quality; request changes/additions as necessary or based on preliminary communication with the City. Complete memo indicating appraisal received and forwarding for review.

Appraisals wlll be prepared in accordance with USPAP requirements, and, at a minimum, contain the following requirements:
• Adequate description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, an adequate description of the remaining property). • Items identified as personal property.
• Statement of the known and observed encumbrances, if any, location, zoning, present use, an analysis of highest and best use, and at least a five-year sales history of the property. • All relevant and reliable approaches to value consistent with established federal and federally-assisted program appraisal practices. If the appraiser uses more than one approach, there is to be an analysis and reconciliation of approaches to value used that is sufficient to support the appraiser's opinion of value.
• A description of comparable sales, including a description of all relevant physical, legal, and economic factors such as parties to the transaction, source, and method of finandng, and verification by a party involved in the transaction.
• Statement of the value of the real property to be acquired and, for a partial acquisition, a statement of value of the damages and benefits, if any, to the remaining real property where appropriate. • The effective date of valuation, date of appraisal, signature, and certification of the appraiser.

ASSUM PTIONS:
• Preliminary Title Reports to be provided by City

DELIVERABLES
Page :n of 15
Revised 1/09/2025

Exhibit A: Scope of Services
Maikeley Lane Reconnectlon Project
• Up to 3 appraisal reports.

Subtask 5.3. Acquisition and Negotiation
Based on our understanding of the project and information provided by the City, Monument assumes that the Project will require the acquisition of property rights from up to 3 owners. Monument will provide all acquisition services required for the City to purchase the right-of-way required to construct the Project. All tasks will be performed in accordance with applicable Federal, State and local regulations, and the City's internal policies and procedures. Specifically, Monument will:
• Provide aH acquisition services in a timely, efficient manner and at a reasonable cost. Work shall be performed in accordance with all applicable Federal, State, and local regulations. • Coordinate and manage the acquisition process with the City, legal counsel, design team, property owners, and tenants along with the title company, appraisers, and other consultants to insure effective cross-discipline communications.
• Review right-of-way plans, appraisal reports, title reports, appraisal maps and legal descriptions and all other pertinent documents.
• Prepare acquisition offer packages consisting. of the City's written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance, recommendation of amount of Just Compensation, plat maps and legal descriptions, and Title VI Information. • Monument's acquisition agent will meet personally with each property owner to present the City's purchase offer, explain the project design requirement, and inform him or her of the City's right-of­ way acquisition process.
• Negotiate personally in good faith with each property owner, his/her agent or representative and discuss the valuation of the property interests, gather information for consideration and address any questions or concerns that may arise during the acquisition process. • Establish and maintain an acquisition file for each property owner or property interest acquired and maintain a file checklist pursuant to the City's specifications. • Promptly transmit executed documents (acquisition agreements, executed deeds, rental agreements, statements ofinformation, offset statements, and the like) to the City for acceptance and processing.

A. report summarizing the pertinent information relative to the transaction will be included. • Prepare and submit a Letter of Recommendation to the City for any proposed administrative settlements with property owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and an explanation of the benefits and rationale behind the recommendation.
• Escrow Coordination - Coordinate opening of escrows, assist the escrow company in obtaining additional documentation as necessary to provide clear title to the City, supervise and review the closing of escrows, and review closing statements for completeness and accuracy. We will serve as liaison between the title company, escrow holder, and the City. • Recommend condemnation action when negotiations have reached an impasse. The required justrfication will be submitted in writing to the City. Our primary goal will be to reach an acceptance of the offer with each property owner. We will work with the City in recommending solutions to achieve acceptance of the offer.
• Perform any other normal procedures and processes to implement the acquisition assignment and provide any other supporting information and/or correspondence required by the City. • Provide bilingual acquisition agents, if necessary.
• Prepare all applicable forms, secure property owner's approval and signature and submit the forms to the City for review and acceptance.
• Upon completion of the acquisition process for each property or property interest, or at project completion, Monument will provide the City with the original acquisition file as well as electronic copy of files for future audit purposes.

Revised 1/09/2025

Exhibit A: Scope of Services
Markefcy l ane Reconnection Project
ASSUMPTIONS:
• 60 Day negotiating period from date of first written offer. • One offer package per impacted propettv/owner.
• Does not contain fees far condemnation support or utility coordination.

DELIVERABLES:
• Up ta 3 executed Agreements and Deeds/Easements.

Subtask 5.4.. Acquisition Mapping
Upon determination of right of way acquisition needs, UNICO will prepare plats and legal descriptions as needed for the project. Plats and legal descriptions will be prepared as needed for right of way acquisition, easements and temporary construction easements (TCE). UNICO will prepare preliminary plats and legal descriptions for agency review. Upon approval, UNICO will prepare final signed and stamped plats and legal descriptions. The exact amount and locations will be determined during design and project needs. For this proposal, UNICO will assume the preparation of six (6) plats and legal descriptions as needed for the project.

DELIVERABLES:
• Plats and Legat Descriptions (6)
TASK 6. Utility Coordination
Subtask 6.1. Utility Investigations
BEN I EN will be responsible for utility coordination throughout the project development. BEN I EN will send proposed project limits to utility owners with a City approved letter requesting verification of the location, size, depth of each facility. We will also request if the utility company believe they have higher rights than the City. Responses will be logged and mapped. Our team will identify utility impacts and will provide a summary of impacted utiHties, along with proposed resolutions. Utility conflict maps will be generated for each impacted utility.

DELIVERABLES:
• Utility '~" Letters
• Utility Tracking Spreadsheet
• Utility Conffict Maps
Subtask 6.2. Utility Relocation Coordination
During final design, BEN I EN will request relocation plans from utility companies requiring relocation.

When the relocation plans are received, BEN I EN will check the relocation design against the latest project plans for conflicts. Once the owner concurs with the liability listed, the City will then issue a Utility "C'' letter that clearly defines the impacted facility, owner's conflict resolution plan, estimated completion date, and liability.

BEN I EN will then send a copy of the Final Plans {"C" Plans) along with the Utility "C" Lett er directing the utility company to initiate relocation construction.

Should any relocation of private utility facilities be required, it is assumed that there is a franchise agreement in place and no utility agreements will be needed. BEN I EN will coordinate with private utility companies for proposed relocation within existing or new City right-of-way. In addition, it is assumed that no new water or sewer facilities will be constructed as part of the project.

If federal funding is acquired for the project, we will follow all LAPM guidelines and procedures.

ASSUMPTIONS:
• Potlwfing will be provided under amendment pending number of potential conflicts • No Utility Agreements needed
DELIVERABLES:
• Utility "B" Letters
• Utility "C" Letters
Pa,;e 13 of 15

Exhib(( A: Scope of Se;vice,
Markeley Lane Reconnection Project
• Summary af impacts and resolutions
• ROI and NTO if federal funding is used for project
TASK 7. Final Design
Subtask 7.1. 65% Plans and Estimate
Based on approved Engineering Plans, the BEN I EN team will prepare 95% PS&E utilizing AutoCAD, City Design Standards, and applicable building codes. Construction Drawings shall include:
• Title Sheet
• General Notes
• Typical Cross Sections
• Layouts
•· Profifes
• Construction Details
• Drainage Plan
• Drainage Details
• Grading Plans
• Pavement Delineation and Sign Plans
• Detour Plan
• landscape Planting and Material Plans
• Landscape Details
• Irrigation Plans and Details
• Traffic Signal Plans and Details
DELIVERABLES:
• PDF copy of the Plans (22"x34")
• Estimate, pdf and xlsx
Subtask 7.2. 95% PS&E
BEN I EN Team will respond to comments and prepare and submit Plans, Specifications, and Estimate to the City.

DELIVERABLES:
• Comment Response Matrix
• PDF copy of the Plans (22"x34")
• Estimate, pdf and xlsx
• Specifications, docx
Subtask 7.3. Constructability Review
Gannett Fleming will perform a review of the 95% PS&E package for constructability and biddability. Items in the constructability review include:
• Verify the latest versions of front-end specifications have been correctly customized for the project, and they are free of ambiguities.
• Verify all special constraints and conditions imposed on the project have been clearly identified and described.
• Visit the project site to verify site conditions and limitations have been adequately identified in the contract documents.
• Review phasing and staging specifications and plans for accuracy and completeness. • Confirm drawings for various disciplines have been coordinated for physical conflicts.

DELIVERABLES:
• Comments will be provided in redlines on the plans ondsununory spreadsheet Pag~ l.4 of 15
Revised 1/09/2025

Exhibit A: Scope of Services
Markeley Lane Reconnection Project
Subtask 7.4. Final PS&E
BEN I EN Team will respond to comments and prepare and submit Plans, Specifications, and Estimate to the City.

DELIVERABLES:
• Comment Response Matrix
• PDF copy of the Plans (22"x34")
• Estimate, pdf and xlsx
• Specifications, docx
Subtask 7.5. LAPM Coordination (OPTIONAL)
BEN I EN Team wHI assist the City in preparing the required LAPM forms for the project, including, but not limited to:
• 3-A for Project Authorization
• 9-D for DBE Contract Goals
• 13-A for Right-of-way
• 14-D and 14-E for Utilities
DELIVERABLES:
• LAPM forms in pdf format
TASK 8. Bidding Assistance
Subtask 8.1. Bidder Inquiries and Addenda
BEN I EN will be available to support the City by providing answers to Contractor inquiries and responding in writing as appropriate. BEN I EN wiH prepare addenda to contract documents as necessary.

ASSUMPTIONS
• One (1) pre-bid meeting (virtual)

EXHIBIT "B"

PAYMENT
1) For and in consideration of CONSULTANT's Services, CITY agrees to pay CONSULTANT for actual fees, costs and expenses for all time and materials expended and in no event shall total compensation under this AGREEMENT exceed FIVE HUNDDRED SEVENTY-NINE THOUSAND, FOUR HUNDRED THIRTY-EIGTH DOLLARS ($579,438) without CITY authorization. 2) Payment shall be made to CONSULTANT in accordance with the CONSULTANT's price proposal accepted by the City. CONSULTANT shall submit, and CITY shall pay monthly invoices for work performed during the previous month. For the time and material services billing shall be based on the hourly and fee rate charges set forth in Exhibit 11
B" attached hereto, and on the number of hours expended on the PROJECT by each classification of employee.
3) Extra work 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 including but not limited to contract change orders after the award of the construction contract by the City Council, or testimony in Court, shall be compensated by the use of the time and material fee rates of the attached Exhibit 11
B". No extra work will be compensated for unless required by CITY in writing. 4) CONSULTANT shall submit invoices to CITY, Attention: [email protected] and CITY shall pay CONSULTANT within 30 days of receiving a proper invoice. CONSULTANT shall notify the CITY in writing when the CONSULTANT's invoices total billing is within 25% of the total authorized amount. 18 Revised 1/09/2025

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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.

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 writt en 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 writt en notice I
Revised 1/09/2025

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 writt en 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 permitt ed 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 sett lement 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. 2 Revised 1/09/2025

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. 3 Revised 1/09/2025

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.

EJ 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. 4 Revised 1/09/2025

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

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

VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitt ed electronically via email at [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 CONSULTANTt o verify existence of sub­ contractor's insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
5 Revised 1/09/2025

Professional Services Agreement
Bennett_Markeley Ln
Final Audit Report 2025-06-11
Created:

By:

Status:

Transaction ID:
2025-06-10
Theresa Allen ([email protected])
Signed
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"Professional Services Agreement Bennett_Markeley Ln" History ~ Document created by Theresa Allen ([email protected]) 2025-06-10 - 0:24:59 AM GMT
IR.. Document emailed to Leo Rubio ([email protected]) for signature 2025-06-10 - 0:25:05 AM GMT
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0i, Document e-signed by Leo Rubio ([email protected])
Signature Date: 2025-06-11 - 4:04:31 AM GMT - Time Source: server e Agreement completed.
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