1 Revised 1/09/2025
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and Dyett & Bhatia ("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 until the scope of work is completed. 9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles
with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of
2 Revised 1/09/2025
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 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: Jessie Hernandez, Senior Planner
E-mail: [email protected]
Address: 1000 Webster Street, Fairfield, CA 94533
Telephone: 707-428-7450
Notices must be given to CONSULTANT at the following:
CONSULTANT
Contact: Rajeev Bhatia, President
E-mail: [email protected]
Address: 4001 Howe Street, Oakland, CA 94611
Telephone: 404-956-4300
EXECUTED as of the day first above-stated.
City of Fairfield, a Municipal Corporation
By:__________________________________
David Gassaway, City Manager
CONSULTANT
By:___________________________________
Rajeev Bhatia, President
3 Revised 1/09/2025
EXHIBIT “A”
SCOPE OF SERVICE
Fairfield Forward 2050 Implementation:
Phase 1 Scope of Work
This section presents the scope of work, organized into a streamlined series of tasks with objectives and consultant team member roles identified. The tasks below describe related tasks from the RFP.
A schedule showing sequence and duration of these tas ks is included at the end of this chapter.
Initials in parenthesis identify the lead firm for each task:
• D&B: Dyett & Bhatia, Urban and Regional Planners
• DRD: DiversityRDGlobal, Focused Community Engagement Specialists • VMWP: Van Meter Williams Pollack, Architects and Designers • BAE: Bay Area Economics, Economists
• EPS: Economic Planning Systems, Economists
• F&P: Fehr & Peers, Transportation Planners
TASK 1: PROJECT INITIATION AND MANAGEMENT
Objective: Initiate and manage the project, maintainin g continuous and effective coordination with City staff and City’s Project Manager.
Understand key issues, organize background material s, and clarify the work plan.
Data Needs List (Team). Prior to a kickoff meeting, prepare and provide to staff a list of documents and other materials that will help the Consultant to gain familiarity with issues and concerns rele- vant to the project. Materials may include recent project applications, staff reports for use permits and Design Review Commission meetings, any department strategic plans.
Kickoff Meeting (Team). D&B will facilitate a meeting with City staff to review project objectives; discuss project issues and challenges; review the work plan, schedule, and preliminary engagement program; clarify responsibilities and expectations; and establish communication protocols.
Ongoing Project Management (D&B). Project management and tracking will take place on an ongoing basis and will include regular biweekly Zoom meetings with the City’s project manager, coordination among consultant staff, and formal monthly progress reports to the City. D&B will participate in all meetings; other consultant team members would participate as needed. Outside of these calls and scheduled meetings, the D&B project manager and principal-in-charge will be avail- able to City staff or the project manager by email or phone. As part of this task, D&B will maintain a schedule that clearly identifies project milestones and critical path items and provides a break- down of work tasks, durations, responsibilities, and linked actions.
Scope of Work
2 Meetings Deliverables
Kick Off Meeting
Ongoing Biweekly Meetings
Schedule and Project Management Plan
Data Needs List
Kick Off Meeting Summary
TASK 2: COMMUNITY OUTREACH AND ENGAGEMENT
Community Engagement Plan (D&B, DRD, VMWP). The following scope presents a diverse range of community outreach activities to engage a broad swath of the Fairfield community. Drawing from lessons learned from the Fairfield Forward 2050 process, outreach activitie s focus on en- gaging community members where they are . The Engagement Plan will include goals, metrics, and methods for reporting back to the community. To support City outreach and engagement more broadly and build staff capacity, the Community E ngagement Plan will outline best prac- tices, timelines, and templates that can be used for any supplemental engagement, or for engage- ment processes outside of this scope of work.
Community Engagement Plan components are described below; details and objectives for each outreach activity are outlined in each task.
• Go-To Outreach Events (4). In partnership with Diversity RD, go-to outreach will fo- cus on engaging underserved Fairfield communities through canvassing, pop-up events, presentations with established groups, faith-based organizations, celebrations, and other events in the community. An engagement summary will be provided within two weeks of the event. Go-to outreach will occur as part the General Plan Implementa- tion Plan and Rezoning/Code Amendments tasks. City staff will conduct 2-4 additional engagement events using materials prepared by D&B and provide summaries, which will be incorporated into final deliverables.
• Online Survey (1). Used to confirm community priorities as part of the General Plan Implementation Plan task.
• Interdepartmental Working Groups (4). Used to build consensus, define responsibility, and identify synergies/overlaps among City departments during the General Plan Im- plementation Plan. Separately, the City may supplement these working groups with similar working groups comprised of junior and mid-level staff. • Workshops (2). Used to introduce zoning/objective design standards to the general public and Code users and solicit input on key issues/directive arc for zoning changes, objective design standards, and process improvements.
• Stakeholder Interviews/Focus Groups (22). Conducted with City departments as part of the General Plan Implementation Plan (estimated total of 10), with Code users as part of the Rezoning/Code Amendments (estimated total of 8), and with service- providing agencies for the MSR Preparation tasks (estimated total of 4). • Planning Commission Study Sessions (2, plus two optional from contingency). Em- ployed during the Rezoning/Code Amendments tasks to present key zoning and objec- tive design standards issues and get Planning Commission feedback. D&B will provide Fairfield Forward Implementation Phase 1
3 an agenda/objectives, presentations and materials, as well as planned attendance and facilitation at each of these sessions.
• Social Media and E-Blasts. D&B will produce three rounds of bilingual social media (2 pieces of collateral each round), one bilingual video, and language for four e-blasts, to be disseminated through City social media channels and DRD networks. One round of City review and incorporation of edits is assumed.
• Website Content. At the onset of the project, D&B will develop content for the City- maintained website describing each component of General Plan Implementation Phase
1. As deliverables are developed and community engagement details are finalized, D&B will provide the City with website updates for posting.
This is a suggested program , and as one of the first steps after award of contract, we would work with City staff to refine it as needed to best suit the needs of the project.
Meetings Deliverables
Interdepartmental Working Groups (2)
Go-To Outreach (4 events)
Workshops (2)
Stakeholder Interviews/Focus Groups (22)
Study Session (2, with additional 2 optional,
from contingency)
Engagement Summaries
Community Survey
TASK 3: GENERAL PLAN IMPLEMENTATION PROGRAM
Objective: Through department and city consensus building, develop an actionable General Plan Im- plementation Program that prioritizes implementing actions and tasks, assigns responsibilities, and tracks progress, in compliance with California law.
Initial Action Matrix (Team). D&B will create a preliminary list of actions associated with General Plan policies and catalog them by topic (e.g., zoning, infrastructure improvement) in an initial ac- tion matrix. In some cases, an action may advance multiple policies. F&P, WY, and BAE will sup- port development of action items, assist staff in prioritizing, and identify any potential funding sources.
Departmental Interviews (D&B). To supplement action matrix development, D&B will conduct up to 10 interviews with City departments, including the City Manager’s Office, Community De- velopment, Economic Development and Finance, Housing Services, Parks and Recreation, Police and Fire, and departments within Public Works.
Citywide Survey (D&B, DRD). After department interviews, D&B will develop a short citywide survey using an easy-to-use platform. The objective of the survey will be to confirm priority actions that departments would like to test with the community. To promote the survey, D&B and DRD will develop an accompanying Instagram Reel or video in English and Spanish to disseminate through social media. Results will be summarized in a survey report that highlights key findings Scope of Work
4 and highlights any notable differences in responses between neighborhoods and demographics groups.
Go-To Outreach (DRD, D&B). DRD will focus on canvassing and participation at two “go -to” events in Spanish-speaking communities to drive survey participation. The team will engage com- munity organizations and interest groups, including local churches and parishes, youth and senior groups, and philanthropic groups, and booths at local events and farmers’ markets around town.
Virtual events using the Facebook Live or Zoom platform with live polling capabilities may also be used if deemed effective for engaging local residents. As described above, City staff will conduct 2- 4 additional engagement events using materials prepared by D&B and provide summaries, which will be incorporated into final deliverables.
Interdepartmental Meetings (Team). Because interdepartmental collaboration will be necessary on some policies, the team will bring departments together at four working meetings (two at the initial action development phase, and two to confirm responsibilities and priorities outlined in the final Implementation Plan) to coordinate resources, spot conflicts and synergies, and integrate community input. Early meetings may be used to brainstorm and collaborate on Action Plan for- mat and structure that best serves department staff needs.
Implementation Program (D&B). The final deliverable, the Implementation Program, will in- clude two components:
1. An internal Implementation Program, organized in a matrix format grouping actions by topic and by time frame, indicating implementation time frame, responsible party, and means of monitoring progress. All statutory requirements for annual General Plan Pro - gress Reports will be included. Major capital improvements resulting from the General Plan Update— parks, streets, water/wastewater system improvements — will be one of the grouping topics, enabling prioritization and phasing. Any supplemental technical materials such as cost estimates or prioritization assumptions will be incorporated in appendices. In partnership with City staff, D&B will explore the feasibility of using an editable spreadsheet format that populates a web-based dashboard, similar to the City’s Capital Improvements Performance Dashboard. Staff will be responsible for developing and maintaining the web- based dashboard.
2. A brief, supplemental, “public-facing” version of the Implementation Program that high- lights key priorities and phases by topic. This version will be produced in English and Span- ish.
Meetings Deliverables
Interdepartmental Working Groups (4)
Department interviews (10)
Go-To Outreach (2 events)
Initial Action Matrix
Implementation Plan (internal and public-facing; ad-
min, screencheck, and public review drafts)
Community Survey and Report
Fairfield Forward Implementation Phase 1
5 TASK 4: GENERAL PLAN UPDATE COST RECOVERY AND
MAINTENANCE FEE ANALYSIS
Objective: Conduct fiscal analysis to establish an appropriate cost -recovery fee and assess feasibility and legal framework for a General Plan maintenance fee to support ongoing updates and revisions.
General Plan Update and Maintenance Fee Analysis (BAE). BAE will collaborate with City staff to obtain cost information for the General Plan Update (which may include d irect costs for con- sultants as well as the value of City staff time involved with managing and completing the General Plan Update) as well as estimates of costs for General Plan Maintenance during the expected life of the General Plan Update (i.e., before next comprehensive General Plan Update). The latter would include costs for expected Ho using Element Updates as well as other General Plan maintenance activities that City staff may identify. It is assumed that this will be a cost -recovery fee and not a development impact fee requiring a nexus analysis.
BAE will identify the quantity of residential and non-residential development that would be antic- ipated during the life of the General Plan Update and then develop a methodology to allocate the General Plan Update and Maintenance Costs over the exp ected development on an average cost per Dwelling Unit Equivalent (DUE), and if desired, on commercial per square foot basis. BAE will document cost assumptions, the anticipated amount of development to be served, the cost alloca- tion methodology, and the recommended fee schedule in a brief memo. BAE will prepare a Draft Memo for review and comment by City staff. Upon receipt of a single, consolidated set of comments on the Draft Memo, BAE will make revisions as appropriate and submit a Final Memo for the City’s use.
Meetings Deliverables
N/A Draft/Final Memo
TASK 5: REZONING AND ZONING CODE AMENDMENTS
Objective: Update the Zoning Code and Map to implement the updated Housing Element and the General Plan and ensure compliance with new State laws. D&B will lead rezoning and amendments with support from VMWP; VMWP will lead objective design standards work.
D&B’s general approach to rezoning and zoning code amendments will fall into two phases.
Phase One. Because of the time-sensitive nature of rezoning needed to accommodate a shortfall of RHNA, Phase One will consist of rezoning actions (Housing Element actions 6.1 and 6.2), zoning amendments identified in Housing Element actions, and objective design standards (ODS) for mul- tifamily and mixed-use zones (Action 2.3) will be prioritized for completion before December 2025.
Phase Two. Phase Two will focus on strategic update of development regulations for the non-res- idential zones to ensure consistency with the General Plan, promote better urban design, and ad- dress other Staff priorities. The objectives would be:
1. Ensure consistency with the General Plan.
Scope of Work
6 2. Apply a consistent format to Zoning Code provisions for non-residential zones updated in Phase 2, reflecting the approach developed for residential and mixed use zones in Phase 1.
This could include use tables and diagrams to illustrate form-based development standards as appropriate, logical organization and structure, and review and rules of measurement.
3. Modernize development standards to achieve desired built environment and placemaking outcomes, such as enhancing walkability and improving the interface between public and private realms in commercial zones (in addition to those for residential and mixed -use zones developed as part of Phase 1).
4. Evaluate use permits for any conditionally permitted uses that are frequently approved us- ing the same conditions of approval , and make appropriate adjustments to enable these uses to be permitted by-right.
5. Strategically update existing definitions and create new definitions for modern land uses not currently captured by existing definitions.
Zoning Code updates encompassed by the Scope of Work are summarized in the table below:
Housing Element Actions Requiring
Rezoning/Zoning Changes
Objective/Other Design Stand-
ards
Other Zoning (GP/State law/City Priorities)
Phase 1
(By
December
2025)
• Planning entitlement
approval processes (linked
to ODS, Action 2.4)
• Reduce minimum lot size
requirements in Low
Medium and Medium
zones (2.5)
• Rezoning and by-right
changes to sites used to
accommodate RHNA
shortfall (6.1 and 6.2)
• Define efficiency units (6.3)
• Remove constraints to
development of residential
care facilities (7.2)
• Permit farmworker
housing by-right (7.6)
• Address low barrier
navigation centers,
emergency and transitional
housing, supportive
housing, and residential
care facilities (8.2)
• Develop ODS for
multifamily and mixed
use (Action 2.3, will
address 2.4, planning
entitlement review;
and 2.7, parking and
open space review).
ODS will be
developed as building
typologies. Relevant
zoning district will
reference these
objective
development
typologies.
• As part of ODS,
incorporate
requirements that
address scenic vistas,
etc. (LU-6.7, 7.2)
• New Mixed Use Zones
• Density changes for residential
zones
• Modify target density in TSSP zone
• Translate design policies into
zoning (e.g., LU-7.1; 7.2; 7.4; 7.11)
Fairfield Forward Implementation Phase 1
7 Phase 2
(By
September
2026)
• Update design
standards for non-
residential zoning
districts (Section
25.22 and 25.24) to
promote better
urban design
• Update Section
25.30: General
Development
Regulations with
expanded section on
site design to
promote better
urban design
• New Business Flex zone
• Business Flex housing overlay
• Apply Hillside Overlay Zoning
district to Nelson Hill (LU-22.3)
• Accessory commercial units in
certain residential zones (LU-1.4)
• Amend zoning for policies related
to industrial/commercial
businesses (LU-3.3; 3.6; 3.7)
• Parcel consolidation standards
(LU-7.10)
• Parking issues:
o Update Section 25.34:
Parking and Loading per
GP direction (LU-7.3; 7.7)
o Parking and other
standards related to AB
2097 (no parking
minimums in transit
areas)
• Conditionally Permitted Uses:
Evaluate use permits for any
conditionally permitted uses that
are frequently approved using the
same conditions of approval. As
appropriate, make certain
conditionally permitted uses
permitted by-right and codify
conditions of approval in the
Zoning Ordinance, Section
25.40.6. • Definitions: Strategically update
existing definitions in Section
25.51 and create new definitions
for modern land uses that are not
currently captured by the existing
definitions (e.g., short term
rentals).
• Code Modernization for
Residential (if these are not
captured in Phase 1) and HoF:
Update development standards for
residential and Heart of Fairfield
zoning districts to achieve desired
built environment/placemaking
outcomes ((could include changes
to minimum parking standards;
Scope of Work
8 active transportation
requirements; minimum and
maximum building setbacks;
maximum building heights, FAR,
and lot coverage; minimum
landscaping, etc.)
It is assumed that City staff will address any needed updates to the Zoning Code not encompassed in the table above, including, but not limited to, procedures and administrative provisions (with the exception of conditional use permit evaluation), regulations for specific uses (such as cannabis), and non-conforming uses. Recently adopted regulations, such as for signs and wireless telecommu- nications facilities, would not be amended, nor would landscaping regulations, which already com- ply with the State’s Model Regulations for Water Efficient Landscaping.
Work tasks will be as follows:
Technical Review and Policy Matrix (D&B). D&B will c onduct a technical review of the City’s existing zoning regulations, counter handouts, Staff reports and procedures and evaluate the utility of best practices and innovative ordinance types in use by other cities. We assume Staff will provide a representative set of recent projects, including staff reports, a list of technical zoning issues iden- tified by Staff as problematic, a sample of variances granted, and standard con ditions imposed on various types of projects for the past three years. Findings will be reported in a memo.
A General Plan policy matrix will be prepared concurrently with the Initial Action Matrix described in Task 2, identifying what policies and programs relate to zoning and whether ame ndments are required for land use regulations, development standards, or review procedures . Annotations will use “plain English” commentary, with sufficient detail to indicate what changes will be made to current regulations and what additional research will be undertaken on specific topics.
Code User Interviews (D&B, VMWP). D&B will conduct eight small group interviews (four in Phase 1, four in Phase 2) with code users and stakeholders over two days to gat her input on key issues, challenges, and priorities. Participants, such as developers, architects, property owners, City staff, and officials, will be identified with City staff. Interviews, held vi rtually or in-person, will be informal to encourage candid feedback, with findings summarized in a sh ort memo highlighting common themes.
Fairfield Forward Implementation Phase 1
9 Planning Commission Study Session (D&B, VMWP). D&B will present and discuss the major issues identified by code users and community members to the Planning Commission. The team will provide recommendations for addressing gaps and problem areas in the existing regulations and achieving consistency with the General Plan through the proposed Code ame ndments. Study sessions will occur as part of Phase 1 and Phase 2.
Draft Amendments (D&B, VMWP). For each phase, an annotated outline of proposed amend- ments will be prepared to review with City staff. It will identify what existing regulations and stand- ards will be updated and what new regulations and standards are proposed. After approval of the outline, draft regulations amendments will be prepared. These will be illustrated with zoning dia- grams for form-based development standards. The scope assumes only zoning amendments will be prepared.
VMWP will work with D&B in the development of the zoning standards, primarily for Mixed Use and Multi-Family Zoning districts, which will be included in Phase 1. VMWP will model proposed zoning envelopes and test those with common building types found in the community, with various standards. ODS for building design, site planning, including parking and building locations, build- ing massing and articulation, façade patterns and building orientation and entries, as well as key building elements such as storefronts and transparency, awnings, windows and parapet copings and other key design elements for mixed-use developments. For Phase 2, the team will build on residential and mixed-use zoning and develop objective standards for commercial and retail uses, if desired. Draft amendments will be addressed in a comprehensive “redline” update. It is assumed that the structure of the overall code will remain intact. Draft amendments will include an admin draft, screencheck draft, and public review draft.
Workshops (D&B, VMWP). Two workshops (in each Phase) will be held as part of the Zoning and ODS development process to gather community input to translate the General Plan vision into guiding principles and purpose statements. Stations will present key zoning focus areas with graphics; VMWP will use community-based images to inform and refine objective standards. “Go-To” Outreach (D&B, DRD). The D&B team will conduct two (2) pop up events in English and Spanish, which may include short-term events, stop-and-share stations, and chalkboard chats to collect input from community members. Pop up outreach will also be an opportunity to raise awareness of the project in the community and drive participation in the workshop.
Hearings (D&B, VMWP). Our budget includes preparing presentation materials and attendance at up to two hearings for each phase (one each of the Planning Commission and the City Council).
These can be substituted for study sessions if desired. This scope also assumes that City staff may authorize use of contingency for up to two (2) additional study sessions, if desired.
Initial Study/Negative Declaration (D&B). D&B will prepare a CEQA clearance document, tier- ing off the General Plan EIR. This will likely be an Initial Study and Preliminary Negative Declara- tion. D&B will prepare one draft and one final version following a round of consolidated staff com- ments.
Meetings Deliverables
Workshops (2) Technical Review Memo and Policy Matrix
Scope of Work
10 Pop-Up Outreach (2)
Code User Focus Groups (8)
Planning Commission Study Sessions (2)
Decisionmaker Hearings (4, additional 2 op-
tional)
Annotated Outline of Code Amendments
Draft Code Modules with Illustrations (admin,
screencheck, and final drafts)
Initial Study/Negative Declaration (admin/final)
TASK 6: MUNICIPAL SERVICES REVIEW (MSR) PREPARATION AND
TECHNICAL RESOURCE ASSESSMENT
Objective: Develop a flexible framework for a forthcoming City MSR Update that supports addition or refinement of growth areas. This scope includes two components: 1) preparation of a framework for an MSR Update; and 2) completion of a full citywide MSR, to be authorized by the City.
Subtask 6.1 Framework for MSR Update
Subtask 6.1.1: Initiate Project and Provide Project Management (EPS). EPS will participate in a kick- off meeting to discuss and refine the overall Project goals, scope of work, schedule, contacts, and communication protocols. As part of project initiation, EPS will review relevant planning docu- ments and previous technical analyses to establish project context. In addition, EPS will attend up to three (3) project status meetings with the overall Project team.
Subtask 6.1.2: Assess Technical Resources for Municipal Services Review. EPS understands that each county’s Local Area Formation Commission (LAFCO ) is charged by the State with balancing the demand for local services with the need for environmental protection and efficient urban develop- ment. Municipal Service Reviews (MSRs) are a key tool LAFCO uses to evaluate service levels, gov- ernment structure, and delivery. In this task, EPS will assist the City with preparing for a forthcom- ing City MSR Update consistent with the Cortese-Knox-Hertzberg Local Government Reorganiza- tion Act (Government Code Section 56430) (State law).
EPS will review the previous City MSR, prepared in 2012, and the Focused MSR and Sphere of Influence (SOI) Update for Pacific Flyway Education Center, prepared in 2018, as a foundation for the City MSR Update. EPS will identify the service areas included in the previous studies and any identified issues or challenges.
After confirming any changes to the service areas, EPS will prepare Requests for Information (RFI) to be sent to each relevant service provider (e.g., City department, special district). EPS will coor- dinate with each service provider, providing the RFIs and engaging in a conversation to clarify in- formation and identifying any gaps or additional studies needed to fulfill the obligations of the MSR update process (e.g., determinations required by State law).
The RFIs will include requests for documents (if unavailable online) including, but not limited to:
- Financial reports and audits for relevant years
- Up-to-date master infrastructure plans
- General Plan documents
Fairfield Forward Implementation Phase 1
11 - Documents relating to Joint Powers Agreements
- Other Project approvals that impact MSR analysis
Each Department’s RFI will be augmented with additional questions specific to any issues affecting service providers. In addition, the RFIs will request each department identify any challenges related to efficient service delivery in new or refined growth areas, or as new planning priorities or land use scenarios emerge. EPS will work with the City to define parameters around the growth areas, new planning priorities, and land use scenarios.
EPS will prepare a summary document, entitled MSR Preparation and Technical Resource Assess- ment, which will include summaries of existing information needed for the MSR Update and any gaps in information or further studies needed. This document will also include a timeline for com- pleting any additional studies needed.
In addition to the service provider interviews, EPS is available to meet with the City and/or LAFCO staff in up to three virtual project status meetings to discuss and refine the RFIs and to identify planning and service delivery parameters.
Optional Subtask 6.2 Prepare Comprehensive MSR and Sphere of Influence (SOI) Updates
Subtask 6.2.1. Initiate Project and Provide Project Management Note: Because preparation of the Municipal Services Review and SOI Updates is a much larger effort, the scope of work in this task replaces the Task 1 language included in the original scope o f work.
However, the budget estimate for this task is distinguished between the original and optional compo- nents.
EPS will meet in-person with City staff to initiate the project, discuss expectations, and establish a common understanding of the project objectives, scope and deliverables, data needs, timelines, and responsibilities.
EPS will then facilitate a project initiation meeting that includes both Solano LAFCO and City staff.
The purpose of this meeting is to initiate the project and discuss expectations and data needs with Solano LAFCO. During the meeting, LAFCO and City staff will be asked to provide or direct EPS to all readily available information related to the project, including any historical data, relevant policies, guidelines, and regulations. The City’s General Plan and the most recently adopted budget will provide a strong baseline set of information for this effort, but any additional information that could be pertinent to the MSR and SOI Update preparation should be discussed during the project initiation meeting.
EPS will discuss general items related to the project, including the project management, communi- cation protocols, and analytical approach. The meeting will also include a review of the project schedule. The outcome of this meeting will be a clear understanding of the project scope, timelines, and expectations for all parties involved. It is recognized that Solano LAFCO has the responsibility to prepare and adopt the MSR and SOI as mandated under Govern ment Code Section 56425 and Section 56430 and to make written determinations regarding the MSR and SOI factors identified in the code.
Scope of Work
12 Also included in this task are check-ins and status updates with City and LAFCO staff on a regular basis to ensure that the project remains on schedule and on budget. These check-ins also allow EPS to respond to new ideas and directions as they emerge during the course of the work effort.
Subtask 6.2.2. Assess Technical Resources For Municipal Services Review Following preparation of the original scope of work, EPS identified the need for additional RFIs and department meetings. In addition, per direction from the City, EPS will add questions to each department regarding existing and proposed changes to the SOI boundary.
For this effort, EPS assumes that the eight service areas from the 2012 MSR are carried forward in this updated MSR and SOI Update: Water; Wastewater; Storm Drainage and Flood Control; Solid Waste; Circulation and Transportation; Law Enforcement; Fire Suppression; and Parks and Recre- ation. As part of the optional amended scope, the budget includes ten departmental meetings con- ducted virtually (one per service area , plus additional departmental meetings with Finance and Housing Services, as determined through conversations with Solano County LAFCO), conducted virtually. This task is essential to supporting further analysis and preparation of the MSR and SOI Update. It is anticipated that follow -up may be ongoing, particularly as needed to clarify and re- quest additional information related to specific issues.
In addition, EPS assumes that updates to the Infrastructure Technical Memorandum (TM) pre- pared by West Yost Associates as part of the City’s General Plan Update will be utilized in the prep- aration of the MSR and SOI Update. EPS will coordinate with West Yost to fully document current and planned service levels and delivery related to Water, Wastewater, and Storm Drainage and Flood Control in defined future growth areas. West Yost will provide a draft TM summarizing the potable water distribution and supply, wastewater treatment and collection system, storm drainage system, and flood control infrastructure for EPS and City review. West Yost will address and incor- porate two rounds of review comments and provide an updated TM to incorporate each round of review within three weeks of receiving comments. In addition , West Yost will answer questions from EPS and the City and provide additional detail as needed. It is assu med that future growth areas generally match what was analyzed by West Yost during the General Plan Update, and only minor additional analysis of the land uses and future utility needs will be required. West Yost will provide up to 54 hours of services for this task.
Subtask 6.2.3. Preparation of Municipal Services Review and SOI Updates This subtask will culminate in the final service provision report that addresses each City department under review and the City’s growth plans and service needs identified in the General Plan. The key items associated with this effort include the following:
1. Prepare Working Draft Report: EPS will document the data and analysis gather ed in sub- tasks 6.2.1 and 6.2.3 in a working draft MSR and SOI Update. Individual service area chap- ters will be submitted electronically to each department for an initial review and comment.
After incorporating any necessary updates, a complete working draft MSR and SOI Update will be p rovided to the City and Solano LAFCO electronically. EPS will revise the report based on a consolidated and nonconflicting set of City and Solano LAFCO staff comments.
Based on preferences, EPS can stagger review sequentially with eit her LAFCO or the City Fairfield Forward Implementation Phase 1
13 providing an initial round of comments followed by a secondary review before or after revisions.
2. Prepare Public Draft Report: EPS will prepare a public draft MSR and SOI U pdate based on input received on the working draft reports prepared and provide it to Solano LAFCO staff for formal public review and presentation at a Solano LAFCO public hearing.
3. Prepare Draft Final Report: EPS will prepare a draft Final MSR and SOI U pdate based on input received at the Solano LAFCO public hearing conducted and direction from the Commission.
4. Prepare Final Report: EPS will prepare a Final MSR and SOI Update based on Sola no LAFCO staff review of the Draft Final MSR and SOI Update and will provide both an elec- tronic original and paper original suitable for copying. The Report will be considered final once it is adopted by the Solano LAFCO Commission.
EPS anticipates in -person attendance at one Solano LAFCO Commission Meeting as part of this update process. EPS can be available for additional meetings on a time and materials basis, as requested. The estimated project schedule assumes a two-week period between each of the report deliverables to allow time for City, LAFCO, or stakeholder review and comments.
EPS estimates completion within approximately 9 months from engagement. Howeve r, this schedule assumes that the required data and input from relevant City departments and Solano LAFCO are provided on a timely basis. The schedule may need to be adjusted in the event of delays and/or meeting scheduling beyond the control of EPS. EPS is prepared to begin work upon authorization to proceed. EPS understands certain City General Plan Amendments and CEQA Reports must be adopted prior to the Public Draft MSR and SOI Update release, so the schedule is presented as a best estimate with the understanding that the actual project schedule may be refined during project initiation and updated, if necessary, and upon consultation with the client, on a periodic basis. The schedule may be subject to additional changes to accommo- date the statutory public notice period for the MSR and SOI Update before a public hearing, which could potentially delay the public hearing timing if there are any outstanding comments on the administrative draft. The actual timeframe and specific dates will be determined in co- ordination with the City and LAFCO.
Meetings Deliverables
MSR Prep:
Kickoff meeting with City
Six (6) virtual project status meetings
Service provider interviews
MSR Preparation and Technical Resource Assessment
Optional Full MSR:
Kickoff meeting with City
Kickoff meeting with City & LAFCO
Internal Project Meetings (10)
In-Person LAFCO meetings (3)
Working Draft Report, Public Draft Report, Draft Fi-
nal Report, and Final Report.
Scope of Work
14 TASK 7: CLIMATE ACTION PLAN CHECKLIST
Climate Action Plan (CAP) Checklist (D&B). D&B will develop a CEQA Compliance Checklist to streamline CEQA review for future development projects under CEQA Guidelines 15183.5. The checklist will include basic project information and determine if the development aligns with the City’s GHG reduction plan. It will identify key attributes and best practices for residential and non- residential projects to ensure consistency with the City’s GHG policies. This streamlined approach will allow for efficient CEQA tiering and ensur e consistency across project analyses. An admin, screencheck, and final draft of the checklist is assumed.
Meetings Deliverables
N/A CAP Checklist (admin, screencheck, final)
TASK 8: DEVELOPMENT REVIEW CHECKLISTS
Development Review Checklist (D&B). Our team can create detailed development review check- lists tailored to the City’s specific needs, organized by building type, objective design standards, and other relevant factors. These checklists will serve as a streamlined tool for staff, developers, and stakeholders, ensuring that all development proposals align with zoning regulations, design stand- ards, and City goals. The checklists will be set up to be electronically fillable. This scope includes a total budget for development of up to four checklists at $12,000 each, with specific checklist topics to be determined at a later date. This amount represents a not -to-exceed maximum. This task in- cludes two working meetings with Planning staff to determine checklist topics. Admin, screencheck, and final drafts are assumed.
Meetings Deliverables
Working meetings with Planning staff (2) Up to 4 checklists (admin, screencheck, final)
Fairfield Forward Implementation Phase 1
15 Budget
The guaranteed maximum fee for the scope of work identified in our proposal for the project is $599,324. With the proposed contingency of $90,000, the total budget is $689,324. This fee will not be exceeded provided there are no changes in the Scope of Work. The worksheets on the following pages show detailed hours and budget by task and sub -task for all team members. Two tables are shown: one for hours and one for fees. Fees include all personnel costs, sub-contractors’ costs, and direct costs, and delivery of products identified in the Scope of Work. Direct costs include work- shop materials and printing.
BUDGET ASSUMPTIONS
Our cost proposal is based on the following assumptions:
• Meeting Attendance. The budget assumes attendance at meetings as shown in the Scope of Work. Meetings with City Staff will occur as needed throughout the planning process, as specified in the Scope of Work. All meetings are assumed to be attended by D&B, with sub-consultant attendance as noted or as required. Costs of additional meeting attendance would be on a time and materials basis if requested; such costs are not included within the guaranteed maximum fee.
• Consolidated Comments and Direction. Unless otherwise noted in the Scope of Work, City staff will provide a single set of consolidated, non-conflicting comments on the review drafts of all documents. Unless otherwise specified, each product will be finalized following one round of staff revi ew; additional iterations and reviews will be considered additional service.
• QA/QC Review. At the onset of the process, D&B will provide a detailed schedule with review time for each task and subtask, to be agreed upon with City staff. Before submittal of any admin draft, senior -level staff will conduct a thorough QA/QC process and fully review deliverables. For the Implementation Plan and zoning changes, a comment and re- sponse matrix will be prepared to ensure all staff comments are addressed. • Presentations, Agendas, Meetings Summaries. D&B will prepare agendas, handouts, presentations, and meeting summaries upon conclusion of engagement tasks . D&B will also prepare presentations for all decision-maker meetings that we attend as well as a memo to support preparation of staff reports. As decision-maker meetings are structured around review of products, these products would be forwarded to City staff in advance of the meet- ings. Meeting summaries will be brief recaps of topics discussed and will not constitute actual meeting minutes.
• Electronic files. Electronic files of all documents will be provided in PDF and Word via email or file transfer service. PDFs will be provided in high -resolution print format and lower-resolution web -compatible format, as appropriate. D&B will also provide native electronic files of all documents created by the consultant team upon completion of the project – these may be in Word or for graphic -intensive documents, in Ad obe InDesign.
Maps will be provided in Illustrator or ArcGIS format, depending on native format.
Scope of Work
16 • Printed Documents. The consultant team will assume responsibility for printed outreach materials (e.g. large format maps, handouts, etc.). D&B reserves the right to bill actual costs in the event they exceed the estimates. In this event, substantiation of costs will be provided. • Reallocation by Task/Subconsultant. D&B reserves the right to reallocate budget by task or consultant team member, provided the overall project budget is not affected.
Proposal for Fairfield Forward 2050 Implementation Phase 1
HOURS BY TASK
June 30, 2025
Task 1 Task 2 Task 3 Task 4 Task 5 Task 7 Task 8
Startup and
Ongoing
Management
Community
Outreach and
Engagement
General Plan
Implementation
Plan
Cost Recovery
and
Maintenance
Fee Analysis
Rezoning and
Zoning Code
Amendments
6.1 MSR Review
6.2 Optional
Full MSR/ SOI
Study*
CAP Checklist Development
Checklist
Dyett & Bhatia
Rajeev Bhatia, Principal-in-Charge 4 20 12 2 60 4 4 10 16 132 Alison Moore, Associate Principal, PM 36 42 28 8 140 10 4 20 40 328 Michael Dyett, Participating Principal 8 120 128
Associate 12 48 24 160 40 80 364
Planner/Urban Designer II 12 60 220 4 60 356
Planner/Urban Designer 44 34 120 50 248
Senior GIS Specialist 8 56 8 72
Project Associate/Admin 60 32 2 100 10 39 243
Sub-Total 72 274 138 12 976 14 20 80 285 1,871
Van Meter Williams Pollack
Rick Williams or Karen Murray 4 16 30 50
Ruchira Gaur, Associate 8 42 50
John Doyle, Sr. Urban Designer 4 20 140 164
Preeti Srinivasan, Urban Designer 20 136 156
Sub-Total 8 64 0 0 348 0 0 0 0 420
Economic and Planning Systems
Amy Lapin, Principal 4 44 73 121
Miles Cressy, Associate 4 60 198 262
Research Analyst 50 60 110
Production 4 16 20
Sub-Total 8 0 0 0 0 158 347 0 0 513
Bay Area Economics
Matt Kowta, Principal 3 4 50 57
Olivia El-Sadr Davis, Associate 3 4 80 87
Sub-Total 6 0 8 130 0 0 0 0 0 144
West Yost, Civil Engineers
Doug Moore, Engineering Manager 4 12 16
Melissa Duffy, Senior Engineer 9 42 51
Sub-Total 0 0 13 0 0 0 54 0 0 67
Fehr & Peers, Transportation
Sarah Chan, Principal 10 10
Ashlee Takushi, Project Manager 15 15
Ian Barnes, Technical Advisor 2 2
Grace Chen, Transportation Planner 4 4
Staff Engineer/Planner 11 11
Sub-Total 0 0 42 0 0 0 0 0 0 42
Diversity RD Global, Outreach
Senior Consultant 5 48 53
Bilingual Outreach Team 40 40
Interpretation/Translation 40 40
Sub-Total 5 128 0 0 0 0 0 0 0 133
TOTAL HOURS 99 466 201 142 1324 172 421 80 285 3,190
TOTAL
Task 6
Proposal for Fairfield Forward 2050 Implementation Phase 1
BUDGET BY TASK
June 30, 2025
Task 1 Task 2 Task 3 Task 4 Task 5 Task 7 Task 8
Startup and
Ongoing
Management
Community
Outreach and
Engagement
General Plan
Implementation
Plan
Cost Recovery
and
Maintenance
Fee Analysis
Rezoning and
Zoning Code
Amendments
6.1 MSR
Review
6.2 Optional
Full MSR/ SOI
Study*
CAP Checklist Development
Checklist
Dyett & Bhatia
Rajeev Bhatia, Principal-in-Charge 265$ 1,060$ 5,300 $ 3,180 $ 530 $ 15,900$ 1,060 $ 1,060 2,650 $ 4,240 $ 34,980 $ Alison Moore, Associate Principal, PM 210 7,560 8,820 5,880 1,680 29,400 2,100 840 4,200 8,400 68,880 Michael Dyett, Participating Principal 265 2,120 - - - 31,800 - - - - 33,920 Associate 175 2,100 8,400 4,200 - 28,000 - - 7,050 14,000 63,750 Planner/Urban Designer II 155 1,860 9,300 - - 34,100 - 620 - 9,300 55,180 Planner/Urban Designer 155 - 6,820 5,270 - 18,600 - - - 7,750 38,440 Senior GIS Specialist 165 - - 1,320 - 9,240 - 1,320 - - 11,880 Project Associate/Admin 110 - 6,600 3,520 220 11,000 - - 1,100 4,310 26,750 Direct Cost - 1,000 - - 1,000 - - - - 2,000 Sub-Total 14,700 46,240 23,370 2,430 179,040 3,160 3,840 15,000 48,000 335,780 Van Meter Williams Pollack
Rick Williams or Karen Murray 250 1,000 4,000 - - 7,500 - - - - 12,500 Ruchira Gaur, Associate 175 - 1,400 - - 7,350 - - - - 8,750 John Doyle, Sr. Urban Designer 155 620 3,100 - - 21,700 - - - - 25,420 Preeti Srinivasan, Urban Designer 135 - 2,700 - - 18,360 - - - - 21,060 Sub-Total 1,620 11,200 - - 54,910 - - - - 67,730 Economic and Planning Systems
Amy Lapin, Principal 310 1,240 - - - - 13,640 22,630 - - 37,510 Miles Cressy, Associate 205 820 - - - - 12,300 40,590 - - 53,710 Research Analyst 165 - - - - - 8,250 9,900 - - 18,150 Production 125 - - - - - 500 2,000 - - 2,500 Sub-Total 2,060 - - - - 34,690 75,120 - - 111,870
Bay Area Economics
Matt Kowta, Principal 320 960 - 1,280 16,000 - - - - - 18,240 Olivia El-Sadr Davis, Associate 180 540 - 720 14,400 - - - - - 15,660 Sub-Total 1,500 - 2,000 30,400 - - - - - 33,900
West Yost, Civil Engineers
Doug Moore, Engineering Manager 369 - - 1,476 - - - 4,428 - - 5,904 Melissa Duffy, Senior Engineer 300 - - 2,700 - - - 12,600 - - 15,300 Sub-Total - - 4,176 - - - 17,028 - - 21,204
Fehr & Peers, Transportation
Sarah Chan, Principal 315 - - 3,150 - - - - - - 3,150 Ashlee Takushi, Project Manager 230 - - 3,450 - - - - - - 3,450 Ian Barnes, Technical Advisor 335 - - 670 - - - - - - 670 Grace Chen, Transportation Planner 220 - - 880 - - - - - - 880 Staff Engineer/Planner 190 - - 2,090 - - - - - - 2,090 Sub-Total - - 10,240 - - - - - - 10,240
Diversity RD Global, Outreach
Senior Consultant 200 1,000 9,600 - - - - - - - 10,600 Bilingual Outreach Team 100 - 4,000 - - - - - - - 4,000 Interpretation/Translation 100 - 4,000 - - - - - - - 4,000 Sub-Total $1,000 $17,600 - - - - - - - 18,600
TOTAL FEE 20,880$ 75,040$ 39,786$ 32,830$ 233,950$ 37,850$ 95,988$ 15,000 48,000$ 599,324$ Contingency (~15%) 90,000.00 $
GRAND TOTAL $ 689,324.00
Notes:
*Optional Task 6.2 requires authorization by the City . Optional Task 6.2 budget additional to budget for Task 6.1; should the City authorize this task, tota l budget is $133,838 Task 8 represents a maximum, "up to" amount for 4 ch ecklists at $12,000 each Staff may approve up to 2 additional Planning Commis sion meetings from contingency TOTAL Hourly
Rate
Task 6
Aug. Sept. Oct. Nov. Dec. Jan. Feb. Mar. Apr. May June July Aug. Sept. 2025 2026
T asks
Project Initiation and Management
Community Outreac
h
and Engagement
General Plan Implementation
Program
GP Cost Recovery and
Maintenance Fee Analysis
Rezoning and Zoning
Code Amendments
Municipal Services R
eview (MSR)
Preparation
CAP Checklist
Development Checklists
1 2
3 4
5 6
7 8
Proposed Schedule
City of Fairfield - Fairfield Forward 2050 Implementation Phase I July 2, 2025
Kickoff Meeting
Pop-up OutreachFinal ProductPLANConsultant E ffort
Draft Product
Public HearingOnline Survey Stakeholder InterviewsInterdepartmental Meeting
PLAN
MSR
PLAN
Working
Draft Report
Engagement Plan
Technical Review and
Policy Matrix
Action Matrix
Admin Draft
Action
Plan
Draft
Memo
Annotated
Outline
Phase 1
Phase 1
Code
Package
Phase 2
Code
Package
Annotated
Outline
Phase 2
Phase 2
Draft
LAFCO
Hearing
Public
Draft
Report
Draft Final
Report
Screencheck
Action
Plan
Admin Draft Screencheck
Admin Draft Screencheck
Phase 1
Admin
Draft
Phase 1
Screencheck Phase 2
Screencheck
PLAN
Planning Commission/
City Council Meeting
Workshop
CAP
CHECK
LIST
4 Revised 1/09/2025
EXHIBIT “B”
PAYM
ENT
As outlined in the Scope of Services (Exhibit A), the project consists of eight tasks. Task 6 is further divided into two subtasks: Task 6.1 and Task 6.2. *Task 6.2 is an optional task that will only proceed if a project applicant enters into a reimbursement agreement with the CITY to fund that portion of the work. Accordingly, payment for Tasks 1 through 5, Task 6.1, Task 7, and Task 8 will be made separately from any payment for Task 6.2, as detailed below.
1) This agreement is for a total not-to-exceed amount of $599,324 which includes Tasks 1-5, 6.1, 6.2*, and 7, 8 ($503,336 + $95,988)
Tasks 1-5, 6.1, 7, 8:
The contract price for services rendered for tasks 1-5, 6.1, 7,8 shall be $503,336.00.
Task 6.2*:
The contract price for subtask 6.2 services shall be $95,988.00.
Payment shall be made to CONSULTANT;:
Dyett & Bhatia
4001 Howe Street
Oakland, CA 94611
2) On a time and materials basis, the CONSULTANT shall submit monthly invoices to:
Community Development Department
City of Fairfield
1000 Webster Street, Second Floor
Fairfield, CA 94533
Send invoices to:
[email protected]
3) 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 and materials basis to the Community Development Department.
[Continue to next page]
5 Revised 1/09/2025
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 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 CONS ULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice 6 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 written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of dete rmining 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. 7 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 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. 8 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.
Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________. 3) IN
SURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers 9 Revised 1/09/2025
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 i n
e
xcess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.
Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically 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 CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.