1 Revised 1/09/2025
PROFESSIONAL SERVICES AGREEMENTTHIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and Ascent Environmental, Inc. DBA Ascent ("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 atthe 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 allfacilities 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 thisAgreement. 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 ofthis 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 forwork 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 atwww.fairfield.ca.gov/biz. 7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this referenceincorporated herein. 8) TERM. This agreement shall be in effect through 2 years of execution date or until the scopeof 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 packagedelivery vehicles operated in California may be subject to the California Air Resources Board Advanced 2 Revised 1/09/2025
Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage athttps://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets11) 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: Jonathan Atkinson E-mail: [email protected] Address: 1000 Webster Street, 2nd Floor, Fairfield, CA 94533 Telephone: (707) 428-7387 Notices must be given to CONSULTANT at the following: CONSULTANT Contact: Christine Babla E-mail: [email protected] Address: 455 Capital Mall, Suite 300, Sacramento, CA 95814 Telephone: (619) 366-3468 EXECUTED as of the day first above-stated. City of Fairfield, a municipal corporation By:__________________________________ David Gassaway, City Manager CONSULTANT By:___________________________________ Christine Babla, Principal 3 Revised 1/09/2025
EXHIBIT “A” SCOPE OF SERVICE
www.ascent.incASCENT ENVIRONMENTAL, INC. DBA ASCENT // 455 CAPITOL MALL, SUITE 300, SACRAMENTO, CA 95814 // O 916.444.7301 F 916.444.3927 March 26, 2026Anna Guiles, Deputy Director of Community DevelopmentCity of Fairfieldvia email: [email protected]: Proposal for Fairfield Forward 2050 ImplementationDear Ms. Guiles: Thank you for meeting with us to discuss your goals for the Fairfield Forward 2050 Implementation program. We have carefully tailored our approach to address each component of the effort. The budget presented in our proposal represents our best effort to support the City through each implementation task. We recognize that budget constraints are an important consideration, and we’re prepared to work with City staff to adjust our scope and approach if needed, based on staff capacity and involvement, to ensure the successful implementation of Fairfield Forward 2050.Thank you for your consideration of our proposal. We are available to begin work immediately and look forward to collaborating with the City of Fairfield on this important initiative. Sincerely, Christine Babla, AIA, AICP, LEED AP Chelsey Norton Payne, AICPPrincipal Project Director p: 619.366.3468 p:916.306.2621 e: [email protected] e: [email protected] an Ascent principal, Christine Babla is authorized to solicit business and enter into contracts on behalf of the firm. Federal Taxpayer Identification Number: 27-1537109
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SCOPE OF WORK AND BUDGETSCOPE OF WORKTASK 1. PROJECT INITIATION AND MANAGEMENTTask 1.1. Kickoff MeetingThe Ascent team will attend a kickoff meeting with key staff from the City to discuss the City’s priorities for the first phase of implementing Fairfield Forward 2050, review and confirm the project schedule and deliverables, clarify roles and responsibilities, and establish communication protocols. Task 1.2. Review of Existing Data The Ascent team will prepare a data request list to gather information from the City. We will review the2050 General Plan, Housing Element, specific plans and development plans, Downtown Guidelines,Zoning Ordinance, Climate Action Plan, draft General Plan Implementation table, draft Objective Design Standards, and other relevant City documents. Task 1.3. Team Meetings, Coordination, and Project Management Ascent will schedule monthly check-in meetings with City staff to provide status updates and coordinate on deliverables throughout the General Plan Phase I implementation process. Ascent will prepare monthly invoices with progress reports. This task will also cover “informal” communications with project team members and contracting time, up to the allocated amount shown in the budget.Task 1 DeliverablesKickoff meeting agendaDocument and data request listMonthly coordination calls Monthly invoices and progress reports TASK 2. COMMUNITY ENGAGEMENTTask 2.1. Targeted Stakeholder OutreachAscent will conduct targeted outreach to stakeholders, including up to 16 stakeholder interviews. This includes interviews with developers, architects, and property owners to understand challenges with the current zoning code regulations and solicit feedback on the proposed zoning amendments and objective design standards.Stakeholder outreach might also include interviews and conversations with partner agencies with responsibility for supporting General Plan implementation. Task 2.2. Planning Commission and City Council Study Sessions and Adoption HearingsAscent will prepare for and attend up to four study sessions or adoption hearings with the Planning Commission and City Council. This includes meetings or hearings on the General Plan Implementation Program and Zoning Amendments. It is assumed that other components of the scope, including the Objective Design Standards and Climate Action Plan checklist can be addressed at the same adoption hearings covering the General Plan Implementation Program or Zoning Amendments. For this task, the Ascent team will assist City staff in presenting to the Planning Commission and City Council. Ascent will prepare and present PowerPoint presentations and provide a peer review of the staff reports. This task assumes that City staff will prepare the staff report and complete the required noticing.Task 2 Deliverables16 Stakeholder interviewsPresentations for Planning Commission and City Council meetings
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TASK 3. GENERAL PLAN IMPLEMENTATION PROGRAM The City accomplished a major milestone in adopting Fairfield Forward 2050. To ensure the new General Plan has the desired result and serves as an effective tool for guiding public improvements and private development in Fairfield, the City must now adopt the Implementation Program. This requires careful consideration of City priorities, staff resources, and available funding. There are many important decisions to make during this phase. Our approach emphasizes consensus-building across City departments, establishing buy-in from those involved in implementing the vision of the new General Plan, and creating focused, action-oriented plans that are clear, unambiguous, and achievable. Task 3.1. Review Draft Action Matrix Ascent will begin by reviewing the draft Action Matrix developed as part of the City’s initial work on the project to catalog policies, responsible departments, and short-, mid-, and long-term actions. Ascent will also briefly review the General Plan policies in all elements relative to the draft Action Matrix, identify potential gaps, and make recommendations for potential additional actions for City staff to consider. Task 3.2. Interdepartmental Committee Meetings Ascent staff will attend up to four meetings with the Interdepartmental Committee made up of City staff from various departments, including Community Development, Public Works, Parks and Recreation, Finance, Housing, Police, Fire, and the City Manager’s Office. The purpose of the Committee meetings will be to align priorities, identify areas of overlaps or conflict, establish realistic timelines, identify the preferred format for the Implementation Program document/tool, and generally work toward consensus on how to implement the vision and policies of Fairfield Forward 2050. Task 3.3. General Plan Implementation Program Ascent will work with City staff to determine the desired format for the General Plan Implementation Program, with the goal of creating a practical and implementation-focused tool that City departments can actively use as a strategic planning tool. Following review of the initial draft Action Matrix, meetings with the Interdepartmental Committee, and determination of the desired format, Ascent will prepare an Administrative Draft Implementation Program that contains the proposed programs to implement the vision and policies established in Fairfield Forward 2050. Implementation programs will be organized by the elements included in the General Plan with an indication of the policies that are being implemented. Each program will be classified as a short-, medium-, or long-term priority, and a specific timeline will be assigned, as appropriate. Each program will also identify the City departments responsible for leading and supporting implementation. Ascent will prepare an initial Administrative Draft Implementation Program for review by the Interdepartmental Committee. Following review by City staff and meetings with the Interdepartmental Committee to build consensus around the Implementation Program, Ascent will prepare a Screencheck Draft Implementation Program for final review by City staff. Ascent will make one final round of revisions and prepare the Public Review Draft Implementation Program for review by the community and decision-makers. Following adoption hearings, Ascent will prepare the Final General Plan Implementation Program. Task 3 Deliverables Interdepartmental Committee Meetings (4) Administrative Draft Implementation Program Screencheck Draft Implementation Program Public Review Draft Implementation Program Final Implementation Program TASK 4. GENERAL PLAN COST-RECOVERY AND MAINTENANCE FEE ANALYSIS EPS will review and confirm land use projections included in the 2050 General Plan, which will be used for allocating General Plan costs. In addition, EPS will work with the City to identify the total amount of General Plan–related costs, including the cost of the recent General Plan Update and ongoing revisions. The costs for the General Plan, which serve both existing and new development, will be allocated based on the proportion of the demand generated by new development only. EPS will prepare a cost allocation model to appropriately assign costs to new development. Proportions of costs may vary by subarea, as determined through conversations with
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the City. The fee for each land use will be derived by dividing the proportional General Plan costs by the projected development in that land use category. EPS will work with the City to determine the preferred approach to administering the fee. Typically, jurisdictions charge general plan cost-recovery and maintenance fees at the time of building permit issuance, so fees are often related to building permit fees. For example, some jurisdictions charge general plan cost recovery fees based on a dollar value per building permit valuation, as a percentage surcharge on the sum of all planning and building permit fees, or as an additional permit fee per residential unit and nonresidential building square foot basis. EPS assumes this fee will not be developed as a nexus-based development impact fee consistent with the California Mitigation Fee Act. To inform the fee approach and understand comparative fee levels, EPS will conduct a comparison of similar fees in selected peer jurisdictions. The goal will be to ensure that the proposed fees are generally aligned with selected jurisdictions. In addition, EPS will evaluate the relative financial burden that the fee will place on new development in Fairfield. After reviewing the analysis and recommended approach with City staff, EPS will prepare a fee study that documents the assumptions and methodology used to establish the General Plan cost recovery fee. EPS will be available to attend up to one City Council meeting related to the new General Plan fee. The cost estimate reflects in-person attendance at the public hearing. Deliverables under this subtask will include an Administrative Draft Fee Study Report for City staff review and comment, and a Public Review Draft Report, incorporating any City comments. EPS may prepare a Final Report following presentation to the City Council, if needed. Task 4 Deliverables Draft and Final Technical Analysis Table Sets Administrative Draft General Plan Cost-Recovery and Maintenance Fee Study Report Public Draft Fee Study Report Final Draft Fee Study Report, if needed TASK 5. ZONING ORDINANCE AMENDMENTSTask 5.1. Objective Design Standards Ascent will initiate this task with a focused meeting to review the City’s goals and objectives for the Objective Design Standards for multi-family and mixed-use development (ODS), including reviewing relevant City documents and regulations as they pertain to design regulation within the City; recent development applications or completed residential projects; current issues related to design, community character and approvals; the preferred format (either as a standalone document or incorporated into the City’s zoning ordinance); and a discussion of how the City envisions using the document. Following the meeting, Ascent will prepare an annotated outline to confirm the structure, components, and format of the ODS. Ascent will then build on the annotated outline to develop tailored design criteria, annotate and integrate photos, and develop other related graphics to create a concise, graphically formatted set of Objective Design Standards. Ascent’s scope and budget assumes preparation of an Administrative Draft, Public Review Draft, and Final ODS. Task 5.2. Zoning Amendments to Implement the General Plan Ascent will prepare focused amendments to the zoning code to implement the General Plan, adjust use permit requirements where desired, modernize definitions, and align the General Plan Land Use Map and Zoning Diagram. This task includes three drafts, including an Administrative Draft, Public Draft for review by the Planning Commission and City Council, and Final version to reflect changes made at the public hearings. It is assumed that the existing structure of the Zoning Code will not change. The focused zoning code amendment includes the following components: Zoning Districts and Development Standards. Ascent will work with City staff to prepare updates to the zoning districts and development standards to implement the land use designations of the 2050 General Plan. This task includes establishing new zoning districts, including for the Suisun Valley Gateway, North Texas Street, Solano Town Center, Hale Ranch Overlay, and Business Flex zones, along with new standards for parking and open space
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requirements, building placement, setbacks, height, bulk, and massing and building articulation. Ascent will also review and update other zoning regulations to implement the General Plan, including parking regulations, density standards, accessory commercial uses in certain residential zones, parcel consolidation standards, and other targeted updates to development standards for commercial and residential zones to implement the General Plan and modernize the zoning code. Use Permit Requirements. Ascent will work with City staff to review and evaluate use permits for conditionally permitted uses that are frequently approved using the same conditions of approval and make adjustments to development standards to enable these uses to be permitted by right. Ascent will also work with City staff to codify conditions of approval in the Zoning Code. Definitions. Ascent will review and strategically update definitions for compliance with State law and consistency with the General Plan, and create new definitions for modern land uses not currently defined in the code. General Plan and Zoning Map Amendments. Ascent will support City staff in preparing zoning map amendments to rezone sites consistent with the General Plan. City staff has also indicated that clean-up revisions to the General Plan Land Use Map are needed. Ascent will provide GIS mapping support and peer review of staff reports and noticing documents, but we assume City staff will provide clear direction on the scope of map amendments and take the lead on property owner noticing and other administrative tasks to implement the rezone of properties. This task also assumes the City provides a GIS map package of the Zoning Diagram and General Plan Land Use Map. Task 5 Deliverables Administrative Draft Objective Design Standards Public Review Draft Objective Design Standards Final Objective Design Standards Administrative Draft Zoning Amendments Public Review Draft Zoning Amendments Final Zoning Amendments TASK 6. CAP CHECKLIST Ascent will develop a CAP Consistency Review Checklist to assist project applicants in determining whether a project is consistent with the CAP. The purpose of the checklist will be to provide a streamlined review process for proposed development projects that are subject to discretionary review and trigger environmental review pursuant to CEQA. Projects that demonstrate consistency with the CAP and the General Plan may be able to conclude no additional significant environmental effects in their CEQA review. Projects that do not demonstrate consistency may, at the City’s discretion, include a more comprehensive project-specific analysis of GHG emissions consistent with CEQA requirement. It is important to note that the City’s CAP only meets the requirements of CEQA Guidelines Section 15183.5(b) through 2030, as that was the only GHG reduction target that can be met with the CAP’s suite of GHG reduction measures. The CAP is not qualified through the horizon year of 2050 and therefore, only discretionary development projects with operational years starting in 2030 or earlier would be able to use the consistency checklist for CEQA streamlining. An Administrative Draft, Screencheck Draft, and Final checklist is assumed. Task 6 Deliverables Administrative Draft CAP Checklist Screencheck Draft CAP Checklist Final CAP Checklist
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TASK 7. CEQA COMPLIANCETask 7.1. CEQA Exemption – Within the Scope of the General Plan EIR The City of Fairfield General Plan Update and Climate Action Plan EIR (State Clearinghouse No. 2021080289) is a program EIR that considered the environmental effects from implementation of the General Plan policies and buildout under the land use designations. This buildout includes the Housing Element opportunity sites, including accessory dwelling unit projections, and remaining capacity available as part of the Heart of Fairfield Specific Plan and the Fairfield Train Station Specific Plan. Per State CEQA Guidelines Sections 15168 and 15183, the General Plan EIR can be used as the CEQA document for subsequent activities consistent with the General Plan. Ascent will prepare documentation (i.e., memorandum or environmental checklist) to document how the General Plan Implementation Plan and proposed rezoning and zoning amendments that implement the Housing Element and General Plan are within the scope of the General Plan such that the impacts were addressed in the certified General Plan EIR and no additional environmental review is required (statutorily exempt). This documentation will address the requirements under CEQA Guidelines Section 15183 to verify that no new and potentially significant off-site or cumulative impacts that were not disclosed in the General Plan EIR, or more severe adverse impacts than discussed in the General Plan EIR, or if there are specific significant effects which are peculiar to the project that cannot be addressed by uniformly applied development policies or standards. This task includes preparation of documentation supporting three separate actions: (1) adoption of the General Plan Implementation Plan, (2) adoption of the Housing Element rezoning and housing-related text amendments, and (3) adoption of Zoning Ordinance amendments for consistency with the General Plan. Task 7 Deliverables Draft CEQA Documentation (Technical Memos or Environmental Checklists) Screencheck CEQA Documentation (Technical Memos or Environmental Checklists) Final CEQA Documentation (Technical Memos or Environmental Checklists)
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EXHIBIT “B” PAYMENT 1) The total contract price for services rendered by CONSULTANT under this Agreement is not-to-exceed $400,000. 2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices via email 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. 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 to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement.2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession. 3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary. 4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever. 5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory. 8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice 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 determining the amount of indemnity and defense cost reimbursement owed to the CITY. b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages. CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. 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 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. 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 INSURANCEa) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES If checked below, the following insurance is also required. Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________. 3) INSURANCE PROVISIONS a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers X
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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 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.