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 Kimley-Horn and Associates, Inc. ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.
CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT . CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS . The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509) and online at www.fairfield.ca.gov/biz.
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through December 31, 2028. 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
3 Revised 1/09/2025
EXHIBIT “A”
SCOPE OF SERVICE
9 3. COMPLETE TASK LIST
Kimley-Horn’s project manager,Michele Johnson, PE, will work closely with City of Fairfield Project Manager and other city staff to manage, design, and provide engineering support services leading to the construction of the project. The scope of work is described below. Kimley-Horn will perform the servicesexpressly described herein in accordance with this Scope of Services. Kimley-Horn shall receive detailed direction from the City of Fairfield’s Project Manager.
Assumptions:
· Federal funding will not be used for any phase of this project. · The 1300 linear feet of roadway widening extend between the Dobe Lane and Huntington Drive intersections.
· Improvements to the northbound traveled way will be limited to pavement maintenance (seal coat) and refreshing existing striping as needed.
· Environmental Clearance for Phase 1 improvements is included along with the Fire Station 39 improvements.
· The City will provide rights of entry to access private property for environmental clearance and design related field work, including geotechnical testing, topographic surveys, potholing and other design related field reviews.
· Fees for City encroachment permits will be waived for all site visits and field explorations (including borings and potholing). No additional permits are needed for fieldwork (including borings and potholing).
· One consolidated set of City comments will be provided for the 35%, 65% and 95% PS&E reviews. The comments will be provided by the City based on the agreed-upon project schedule.
· Traffic Index (TI) will be provided by the City.
· Design of roadway rehabilitation is not included in the project scope. City will provide pavement treatment locations, specifications and details. It is assumed that the pavement rehabilitation treatments will not result in changes to pavement grade. · Turn pocket lengths will be designed to match existing and no operations analysis to determine storage length is required.
· Drainage and stormwater treatment will be directed to existing stormwater systems. Analysis of the capacity of the existing systems is not included.
· Stormwater Pollution Prevention Plan will be prepared by the City’s Contractor. · Retaining walls and other structure work is not included in the design and PS&E; design to include structural features can be included for additional fee. · Utility relocation or construction of new utility facilities will be designed and provided by others. · Utility conflicts are expected to be limited to overhead electric and communication poles. · Utility agreements are not included in Kimley-Horn's efforts. Kimley-Horn can support the City in preparing Utility Agreements for an additional fee.
10 · The City has issued a Notice to Relocate to AT&T to relocate their pole just south of the Fire Station 39 driveway at Dobe lane. Any additional utility relocation coordination for Fire Station and Phase 1 improvements will be performed by the City. · Construction staking will be performed by the City’s Contactor. · Arborist will inventory up to 25 trees within the project limits. · Existing median trees will not be impacted by the project and need not be included in the Arborist Report.
· Support for implementation and configuration of InSync adaptive signal control equipment is not included in this scope of work.
· Contractor’s staging and traffic control plans will be reviewed and approved by the City and not included in this scope of work.
· Preparation or review of City-prepared signal timing plans is not included in this scope of services. City will be responsible for preparing traffic signal timing plans incorporating all new vehicle movements for Phase 1 and Phase 2. Signal timing parameters will include recommended timing durations based on CA- MUTCD guidelines.
· The City will provide boilerplate for project specifications. · VMT is not expected to increase with the project improvements · AB52 consultation will be done by the City. Kimley-Horn can add this scope of work if requested.
· At Peabody Road & Dobe Lane, it is assumed that all traffic signal poles will be protected in place, except that all west side poles will be replaced to accommodate new Peabody Road widening.
· At Peabody Road & Huntington Drive, it is assumed that all traffic signal poles will be protected in place.
· Vehicle and bicycle detection is assumed to be inductive loop-based.
Task 1: Project Management & Coordination
Kimley-Horn has reviewed the City’s Scope of Services included in the RFP , and we have developed a detailed scope that provides a clear and concise outline of actions and milestones that seeks to meet the goals and objectives of the Peabody Road Widening – Air Base Parkway to Huntington Drive Project through Phase 2 Final PS&E. Our scope below will draw upon Kimley-Horn's diverse technical expertise, design experience, and effective construction document production to provide City staff and decision-makers with the information needed to construct the desired improvements. For the purposes of scope and fee preparation, the project duration (through Phase 2 Final PS&E) is expected to be 18 months.
Task 1.1: Administration & Quality Control
Michele Johnson will manage the project’s daily operations, including coordination with subconsultants and task leaders. Her coordination and management responsibilities will include tracking progress, managing invoices and reports, maintaining project files, and managing the scope, schedule, and budget.
Kimley-Horn shall:
11 § Prepare and maintain a Critical Path Method (CPM) schedule for the project. § Provide input and monthly updates for inclusion in the master Critical Path Method (CPM) schedule. § Prepare and maintain a Submittals Register including scheduled and actual submittal dates, review periods and receipt of comments.
§ Prepare a risk register and update it at key milestones or as reasonably required. § Monitor and manage the budget and proactively identify and document scope risks via a Scope Change Request letter.
Invoices and Progress Reports
Kimley-Horn will prepare and submit monthly invoices and progress reports that will identify services performed on each task the preceding month. Progress reports and invoices will be submitted 4 weeks following the end of the month. Format of invoices will be agreed upon at the beginning of the project with the City. The monthly progress report and invoice will include a summary of activities performed, budget status by task, issues identified/resolved during the billing period, and anticipated work during the next Period. Support documentation for direct expenses and subconsultant charges will be attached.
Risk Register
The Kimley-Horn team will prepare and maintain a risk register which will serve as a living document that will be updated at key milestones of the project to reevaluate risk and actively change the risk rating as needed, to match project advancements. Michele will bring to the City project manager’s attention any risks that are sensitive to project updates and could potentially impact project schedule.
CPM Schedule
Kimley-Horn will follow a critical path method (CPM) schedule and update it on a monthly basis. The schedule will define key milestones, interdependencies between environmental, traffic, outreach, and design tasks, critical decision points, agency review timelines, and deliverable deadlines. Kimley-Horn will coordinate with pertinent subconsultants as needed to update the schedule on a monthly basis.
Quality Control
The project manager will work with our QC/QA manager, Matt Weir, PE, to develop a project-specific quality control plan that incorporates the contract requirements. Disciplinary reviews, interdisciplinary reviews, senior/independent reviews, quality assurance management (QAM) reviews, and documentation are quality control activities that are part of our regular QC/QA procedures. Our quality process uses a color-coded system for the checker, updater, and verifier/back-checker for each deliverable (PS&E and reports).
1.2 Kick-off Meeting
Key members of the Kimley-Horn team will attend an in-person kick-off meeting with the City project management team. We will review and refine the scope of work, project schedule, communications protocol, and deliverables.
The team will also discuss staff expectations, data needs, and the community outreach approach. The fee assumes attendance by two Kimley-Horn staff, along with leads from the City.
1.3 City Coordination and Project Review Meetings
Kimley-Horn and subconsultant team representatives shall meet periodically with the City of Fairfield as described below to discuss the project, present design options, review alternatives, etc. Kimley-Horn shall organize, schedule, and prepare agenda and meeting minutes for the following meetings:
12 § Bi-weekly project status meetings with City (up to 4 meetings) (virtual) (through Phase 1 PS&E) § Monthly project status meetings with City (up to 15 meetings) (virtual) (Phase 2 PS&E) Task 1 Deliverables
§ Meeting Agendas (kick-off and project review meetings) § Draft and Final Meeting Minutes (kick-off and project review meetings) § Invoices and Progress Reports
§ CPM Schedule
§ Submittal Register
§ Risk Register
Task 2: Design
Task 2.1 Public Outreach and Stakeholder Coordination
To support the City’s public outreach efforts, Kimley-Horn will prepare exhibits, two-dimensional plan view and cross section renderings, and flyers/handouts for up to two public outreach meetings with residents and businesses as necessary.
Task 2.1 Deliverables
§ 2D Rendering Exhibits (PDF)
§ Informational Flyer (PDF)
Task 2.2 Review of Background Documents
The Kimley-Horn team will review available documents related to Fire Station 39, including environmental and technical studies, the Fairfield Train Specific Plan, Fairfield General Plan, Solano Transportation Authority Active Transportation Plan and other available documents provided by the City.
Task 2.3 Site Investigations
Kimley-Horn will participate in one field walk with City staff during the design phase. Up to two additional site visits are anticipated for site investigations to review existing utilities, drainage features, and signal and lighting equipment.
Arborist Tree Inventory
SBCA, the Project Arborist, will tag and inventory all trees on west side of Peabody Road between Huntington Drive and Air Base Parkway. Metal number tags will be tagged to each tree. The Arborist Report will contain the following tree data:
· Species
· Common name
· DBH (Diameter at 4.5' above soil grade)
· Canopy spread
· Health and structural conditions
· City protected tree status/designation
· Suitability for retention
· Tree Protection Zone
13 · Pertinent arborist comments (pruning, health mitigation, defects) · Tree Location Map
· Summary Report
The City of Fairfield has a Tree Ordinance that requires a permit for removal or trimming of all trees on public property, and several protected species of tree on private property. Kimley-Horn will provide an ISA-certified arborist to inspect and catalogue all trees forecasted to be impacted by the project, and aid in securing all necessary city permits and propose any tree mitigation requirements that are a consequence of the project.
Task 2.3 Deliverables
§ Arborist Report (PDF)
§ Tree Inventory (XLS)
Task 2.4 Geotechnical Studies
Our investigation will include a field exploration program, laboratory testing, preparation of a formal report, and related geotechnical consultation services. We propose the following scope of services:
· Perform a site reconnaissance to review project limits and site logistics, evaluate drill rig access and mark out boring locations in the field for subsequent utility clearance. · Obtain a no-fee encroachment permit from the City of Fairfield. We have assumed no other permits and/or rights-of-entry will required for our field explorations. · Notify subscribing utility companies via Underground Service Alert (USA) a minimum of 48 hours (as required by law) prior to drilling operations.
· Provide basic traffic control measures during drilling operations. We have assumed cones and signage at our immediate work areas will be sufficient and a dedicated traffic control crew will not be required. · Retain the services of a California C-57 licensed driller to drill up to 6 shallow borings with a truck- mounted rig equipped with solid flight augers. We will log the soils encountered in the borings in accordance with the Unified Soil Classification System and collect representative soil samples that will be returned to our laboratory for further examination and testing. Upon completion, we will backfill the borings with compacted soil cuttings. Two of the borings will be subjected to borehole percolation testing as outlined below. Excess soil cuttings (if any) will be spread onsite near each borehole. We have assumed our borings will be situated just outside of the southbound roadway shoulder. · Fit percolation test boreholes with perforated PVC standpipe and backfill with gravel. The holes will then be pre-saturated (filled) with domestic water then subjected to percolation trials wherein the water level in each borehole is recorded at time intervals after filling. Upon the conclusion of testing, the standpipes will be removed, and the boreholes will be topped with compacted soil cuttings. · Perform laboratory tests on selected soil samples to evaluate pertinent geotechnical parameters.
Laboratory testing assignments will be based on the soils conditions encountered in our borings; testing for gradation, plasticity, unconfined compressive strength, R-value and lime stabilization percentage is anticipated.
· Prepare a formal report with the results of our investigation. The report will include (but not be limited to) the following:
o Site vicinity map
o Site plan showing the locations of the exploratory borings o Logs of the exploratory borings, including depth to groundwater (if encountered) o Borehole percolation test results
14 o Laboratory test results
o Anticipated excavation characteristics
o Subgrade preparation and grading recommendations
o Suitability of onsite materials for use as engineered fill and import fill recommendations o Utility trench excavation and backfill recommendations o Wet weather grading considerations
o Pavement recommendations
o Exterior concrete flatwork recommendations
Task 2.4 Deliverables
§ Draft Geotechnical Investigation Report (PDF)
§ Final Geotechnical Investigation Report (PDF)
Task 2.5 Utility Coordination
Task 2.5.1 Preliminary Utility Coordination
Kimley-Horn shall draft letters for the City's use in requesting utility mapping and information request letters for existing utility record plans, as-builts, and system maps. Kimley-Horn will perform one field review to visually confirm mapping provided by utility owners. Existing utility facilities shall be mapped and provided in AutoCAD format to be shown on the final design plans. Kimley-Horn will coordinate with the appropriate utility owners regarding service impacts and possible conflicts. Kimley-Horn will be the City's "Point of Contact" with the utilities and pertinent applications for service. Kimley-Horn will coordinate with PG&E for service tie-ins for street lighting and irrigation.
Task 2.5.2 Final Utility Coordination and Certification Kimley-Horn will perform the following related to final utility coordination:
§ Provide conflict maps for each utility owner. It is assumed that conflicts are limited to overhead electric and communication poles
§ Participate in up to three in person field meetings with utility owners § Request a determination of liability from each owner to identify financial responsibility for relocations § Incorporate utility relocation designs by others and requirements for coordination into the final plans and specifications
§ Provide documentation indicating that known utility conflicts identified during design have been addressed based on information provided by utility owners
§ Draft "Notice to Owner" for the City to sign and send to utilities for relocations as appropriate Utility Agreements and Reports of Investigation are not included in the budget but can be provided for additional fee.
Task 2.5 Deliverables
§ Utility Mapping Request Letters (DOC)
§ Utility Conflict Maps (PDF)
§ Notices to Owner (DOC)
§ Utility Agreements (DOC) (Optional)
§ Reports of Investigation (DOC) (Optional)
15 Preparation of Plans, Specifications and Estimate
Design shall be in accordance with AASHTO and City design Standards. The design and plan sheets shall be developed utilizing AutoCAD/Civil 3D (2024) and reference the City of Fairfield 2021 Standard Details and Caltrans 2025 Standard Plans. Technical specifications shall be based on Caltrans published 2025 Standard Specifications and Standard Special Provisions.
Phase 1 PS&E
Phase 1 PS&E is limited to near-term improvements to accommodate the addition of the new Fire Station 39 driveway as the fourth leg of the Peabody Rd – Dobe Lane intersection. The near-term improvements are defined as the following traffic signal modifications:
§ Add new westbound through-left turn (Phase 4) vehicle movements. (Phase 4 and Phase 8 will operate in east-west split phasing.) No new pedestrian phases are included in Phase 1. § Replacement of the existing Type 1-B pole with new Type 1-B pole adjacent to the new Fire Station 39 driveway. The new Type 1-B pole will include top-mounted 3-vehicle head mounting configuration (replacing existing 2-vehicle head configuration). If required by intersection lighting analysis, a Type 15TS street lighting pole will be used instead of Type 1-B pole. Vehicle loop detection and Emergency Vehicle Preemption (EVP) for the westbound direction (Phase 4).
§ Bicycle loop detection for all existing bicycle lanes. § Installation of new traffic signal vehicle heads on new and existing poles.
Phase 2 PS&E
Phase 2 PS&E is limited to improvements on Peabody Road from Air Base Parkway to Huntington Drive to add two southbound lanes on Peabody Road (between Dobe Lane and Huntington Drive), new bike lanes, median, curb, gutter, sidewalk and landscaping. This will require traffic signal modification including adding new northbound left-turn (Phase 5), removal of near-term Phase 1 poles and replacement with new poles, ADA curb ramp upgrades, and addition of a new east-west crosswalk on the north leg (with new pedestrian signal heads, Type 2 posts, and pedestrian push buttons).
Traffic Signal and Lighting
The traffic signal plans will be prepared at a scale of 1 inch = 20 feet and will include layout of traffic signal poles and equipment, signal controller cabinet, service cabinet, conduit routing, pull boxes, wiring, and population of the pole and equipment schedule for the intersection at Peabody Road & Dobe Lane and Peabody Road & Huntington Dr. Vehicle and bicycle detection is assumed to be inductive loop-based, but can be changed to video detection based on City preferences and comments during the 35% design phase.
At Peabody Road & Dobe Lane, it is assumed that all traffic signal poles will be protected in place, except that all west side poles will be replaced to accommodate new Peabody Road widening. Vehicle traffic movements will be remain from Phase 1 and new Phase 8P pedestrian phase across the northern leg will be added. Rhythm adaptive cameras will be added to Peabody Rd mastarms and auxiliary cabinet with central InSync unit will be added to existing traffic signal cabinet.
At Peabody Road & Huntington Drive, it is assumed that all traffic signal poles will be protected in place. Traffic signal improvements at this location will only include ADA push button upgrades. 16 The traffic signal interconnect plans will also be prepared at a scale of 1 inch = 20 feet and will include layout of conduit routing, pull boxes, fiber-optic cable, and fiber-optic termination panels between existing traffic signal cabinets at Peabody Road at Dobe Lane and Peabody Road at Huntington Drive/Whitney Drive.
The lighting plans will also be prepared at a scale of 1 inch = 20 feet and will include layout of lighting poles, conduit routing, pull boxes, and potential PG&E service connection points for the limits of the road widening (Peabody Road from Huntington Drive/Whitney Drive to Dobe Lane). Placement of new lighting poles will be determined based on photometric analysis.
Landscaping and Irrigation
The landscape planting plans will include layout, species and quantities of proposed street trees as well as planting at medians and bioswales along Peabody Road between Dobe Lane and Huntington Drive. Interstitial planting area between Fire Station and Peabody Road Expansion will be incorporated to tie into newly installed planting and irrigation. Existing trees to remain will be coordinated with project arborist and follow City requirements for tree protection and replacement guidelines.
Irrigation plans will comply with MWELO regulations and include calculations demonstrating compliance. Planting and irrigation details will be coordinated with the City standards to ensure ease of repair and maintenance.
The following plan sheets are anticipated for Phase 2 PS&E deliverables, except as noted:
§ Title Sheet (1)
§ General Notes, Legend and Abbreviations (1)
§ Project Control (1)
§ Demolition Work, tree removal and protection (4)
§ Typical Sections (2)
§ Layout and profile (1"= 20' scale) (6)
§ Construction Details (12)
§ Drainage Plans (1"=50' scale) (4)
§ Drainage Profiles (2)
§ Drainage Details (3)
§ Utility Plans (1"=50' scale) (4)
§ Stormwater Treatment Details (4)
§ Erosion Control Plans (1"=50' scale) (4)
§ Temporary Water Pollution Control Plans (8)
§ Construction Area Signs and Stage Construction Plans (12) § Planting Plans (7)
§ Irrigation Plans and WELO Calculations (6)
§ Planting and Irrigation Details (3)
§ Traffic Signal Schedules –complete conductor schedule (up to 2 sheets) § Traffic Signal Details (up to 2 sheets)
§ Street Lighting Details (up to 1 sheet)
§ InSync Adaptive Details (up to 1 sheet)
17 Task 2.6 Phase 1 95% PS&E
Task 2.6.1 95% Plans
The Kimley-Horn team will meet by phone with the City to review comments on the preliminary design included in this proposal. Based on comments and discussion with the City, Kimley-Horn will prepare 95% Plans, Specifications (technical provisions), and Estimate of probable construction cost (PS&E) documents. For quicker turnaround, traffic modifications are proposed to utilize scanned .pdf plans of the City’s traffic signal record drawings for Peabody Rd – Dobe Lane as the project base.
The following plan sheets are anticipated for Phase 1 PS&E deliverables:
§ Title Sheet with vicinity map, including general and more detailed call out of project location (1 sheet) § General Notes and Legend (1)
§ Traffic Signal Plans and Schedules (2) – including removal plan § Details, if needed (1)
The traffic signal plans will be prepared at a scale of 1 inch = 20 feet and will include layout of traffic signal poles and equipment, signal controller cabinet, service cabinet, conduit routing, pull boxes, wiring, and population of the pole and equipment schedule.
The City had requested AT&T relocate their utility pole (with street light) south of the Fire Station driveway at Dobe Lane during Phase 1 construction, Kimley-Horn will perform the following services as part of the Phase 1 95% Plans to support the City’s utility coordination efforts along with the Fire Station 39 project:
Kimley-Horn will prepare utility coordination exhibit to relocate existing AT&T overhead infrastructure outside of the limits of Phase 1 driveway. It is assumed that City will discuss work directly with AT&T and prepare any necessary coordination agreements. AT&T coordination and review of agreements for Phase 1 is not included in this scope of services.
Kimley-Horn will conduct intersection lighting analysis for installation of Phase 1 street lighting at the intersection for City review prior to preparing the 95% Plans. The intersection lighting analysis will consider the inclusion of new west-side street light poles (either stand-alone or as part of traffic signal poles).
The 95% PS&E documents will be submitted to the City for review and coordination with others.
Task 2.6.2 95% Specs
Kimley-Horn will prepare the project specifications in Caltrans Standard Specifications format, in conformance with the 2025 Caltrans Standard Specifications and City’s Standard Special Provisions. The City will provide boilerplate specifications to be used as a template.
Task 2.6.3 95% Estimate
Kimley-Horn will prepare detailed quantities for individual bid items and construction cost estimates for each submittal. Unit prices will be developed using the Caltrans Construction Cost Database or other sources approved by the City. Estimates will include quantities and costs for each pay item, pertinent supplemental work items and applicable contingencies.
18 Task 2.6 Deliverables
§ Electronic Plans in .pdf format (24”x36”)
§ Specifications in MS-Word format
§ Estimate in MS-Excel format
§ Photometric Analysis Results (.pdf)
Task 2.7 Phase 1 Final PS&E
Task 2.7.1 Final Plans
The Kimley-Horn team will review City comments on the 95% PS&E documents and discuss them by telephone with the City. Kimley-Horn will complete a comment response matrix to track comments and the associated response from Kimley-Horn and ultimate resolution and action. Based on the comments and discussion with the City, Kimley-Horn will advance the construction documents to 100% PS&E design.
Kimley-Horn will submit 100% checkprint plans for City review. It is expected that any comments received from the checkprint will be editorial in nature. Any major design changes at this stage in the project will be considered additional services. Kimley-Horn will incorporate City comments into 100% final bid documents.
Task 2.7.2 Final Specs
Comments received from the City on the 95% PS&E submittal will be reconciled and relevant comments incorporated into the Final PS&E package.
Task 2.7.3 Final Estimate
Kimley-Horn will update the contract quantities and corresponding construction cost estimates for the 95% submittal.
Task 2.7 Deliverables
§ Final Plans in 24”x36” on mylar
§ Final Plans on 11”x17” on bond
§ Final Plans to be provided to City of Fairfield via eTransmit in AutoCAD format § Final Specifications will be provided in electronic and hardcopy formats § Final Estimate of probably construction cost will be provided in electronic and hardcopy format § Plans will be signed and sealed by a State of California registered civil engineer § Start-up timing sheets
Task 2.8 Phase 2 35% Conceptual Plans and Estimate
Task 2.8.1 35% Plans
Kimley-Horn will develop the Design Criteria document to summarize project design criteria, or the City’s review and approval prior to developing the 35% plans. Design criteria changes after the City’s approval of the Design Criteria document shall constitute a basis for an increase in design fees.
The 35% Conceptual Plans will include typical cross sections, layout, limits of earthwork, conceptual stormwater treatment areas with preliminary calculations and preliminary drainage design (layout).
Design for traffic signal and streetlighting improvements will not be included in the 35% submittal.
Task 2.8.2 35% Estimate
The Kimley-Horn team will prepare a preliminary engineer’s estimate based on the 35% plans. 19 Task 2.8 Deliverables
§ Design Criteria Memo
§ 35% Plans (PDF)
§ 35% Engineer’s Estimate (PDF)
Task 2.9 Landscaping Concept Plan
Conceptual landscape plans will be drafted, taking into account surface utilities, existing trees to remain, initial sizing for stormwater/bioswales, ROW adjacencies and crossings. One illustrative plan with sections will be presented to City staff depicting the planting and landscape layout strategy. After review, comments will be incorporated into a single plan to move forward into 65% design.
In coordination with the Arborist, a Draft Tree Disposition Plan will also be drafted to show trees to be removed, trees to remain, and those to be protected during construction.
Task 2.9 Deliverables
§ Landscape Concept Plans (PDF)
§ Draft Tree Disposition Plans
Task 2.10 Drainage Report & Stormwater Control Plan
Kimley-Horn will prepare a Stormwater Control Plan (SWCP) according to the requirements of the Stormwater Control Plan Checklist on page 14 of the Solano Stormwater Alliance Stormwater C.3 Guidebook 2024 ed. Post construction treatment requirements will be assessed and Integrated Management Practice (IMP) measures will be sized and designed. Kimley-Horn will delineate and classify Drainage Management Areas (DMAs) to determine runoff factors and water quality runoff rates. An initial layout to identify collection points and suitable locations, and preliminary sizing calculations will be prepared to support the roadway cross section and frontage layout. Kimley- Horn will determine required design revisions including but not limited to moving collection points and revising DMAs, adjusting curbs, sidewalks, and other surface features to create adequate surface area for the IMPs, reconfiguring the existing conveyance system up to 200’ of proposed pipe, and acquiring Right-of-Way.
Calculations will be finalized and submitted with the 65% design plans.
A Drainage Report will be prepared that includes drainage area mapping exhibits and calculations to support roadway design storm bypass flow of IMPs for up to 6 bioretention areas. Drainage Calculations will also be prepared to support changes to the roadway cross section for up to 10 gutter capacity calculations.
Assumptions:
IMPs will be sized to provide treatment for all the contributing impervious area within the right-of-way, including existing impervious area.
Hydromodification will not be required because Union Creek between the project outlet and Suisun Marsh is non-susceptible.
IMPs will be distributed through the project and located at the back of curb. IMPS will be unlined, flow-through bioretention facilities due to the presence of Hydrologic Soil Group D soils.
IMP sizing will use the Contra Costa Clean Water Program's IMP Sizing Calculator. 20 Kimley-Horn will respond to one (1) round of reasonable and ordinary City comments as part of this task. Reasonable and ordinary are comments that are minor and corrective in nature and do not alter the scope of work. As the level of effort associated with this task is difficult to predict, Kimley-Horn assumes up to a maximum of twenty (20) hours will be required.
Task 2.10 Deliverables
§ Draft and Final Stormwater Control Plan (PDF)
§ Draft and Final Drainage Report (PDF)
Task 2.11 Phase 2 65% PS&E
Task 2.11.1 65% Plans
Comments received from the City on the 35% plans and estimate submittal will be reconciled and relevant comments incorporated into the 65% PS&E package.
Traffic Signal and Lighting
Based on the approved roadway geometry, Kimley-Horn will conduct photometric analysis for the project areas to determine location and wattage for Peabody Road street lighting poles and Dobe Lane intersection safety lighting luminaries.
65% plans will include the following sheets:
· Title Sheet (1)
· General Notes, Legend and Abbreviations (1)
· Typical Sections (2)
· Layout and profile (1"= 20' scale) (6)
· Construction Details (4)
· Drainage Plans (1"=50' scale) (4)
· Utility Plans (1"=50' scale) (4)
· Stormwater Treatment Details (4)
· Erosion Control Plans (1"=50' scale) (4)
· Temporary Water Pollution Control Plans (8)
· Construction Area Signs and Stage Construction Plans (12) · Traffic Signal Plans – including removals (up to 2 sheets) · Traffic Signal Schedules – only pole schedule will be completed at this stage (up to 2 sheets) · Street lighting Plan (2 sheets)
· Interconnect Plan (2 sheets)
· InSync Adaptive Camera layouts (1 sheet)
· Landscape Plans
· Tree Disposition Plans and Tree Removal Permit Application Task 2.11.2 65% Specs
Kimley-Horn will prepare a project specifications outline in Caltrans Standard Specifications format, in conformance with the 2025 Caltrans Standard Specifications and City Standard Special Provisions. 21 Task 2.11.3 65% Estimate
Kimley-Horn will prepare detailed quantities for individual bid items and construction cost estimates for each submittal. Unit prices will be developed using the Caltrans Construction Cost Database or other sources approved by the City. Estimates will include quantities and costs for each pay item, any supplemental work items and applicable contingencies.
Task 2.11 Deliverables
§ 65% Plans (PDF)
§ 65% Project Special Provisions Outline (DOC)
§ 65% Engineer’s Estimate (PDF)
§ Responses to 35% Submittal Comments (XLS)
§ Tree Disposition Plans and Tree Removal Permit Application (PDF) Task 2.12 Phase 2 95% PS&E
Task 2.12.1 95% Plans
Comments received from the City on the 65% PS&E submittal will be reconciled and relevant comments incorporated into the 95% PS&E package.
The 95% plans will include the following additional sheets:
· Title Sheet (1)
· General Notes, Legend and Abbreviations (1)
· Project Control (1)
· Demolition Work, tree removal and protection (4)
· Typical Sections (2)
· Layout and profile (1"= 20' scale) (6)
· Construction Details (12)
· Drainage Plans (1"=50' scale) (4)
· Drainage Profiles (2)
· Drainage Details (3)
· Utility Plans (1"=50' scale) (4)
· Stormwater Treatment Details (4)
· Erosion Control Plans (1"=50' scale) (4)
· Temporary Water Pollution Control Plans (8)
· Construction Area Signs and Stage Construction Plans (12) · Planting Plans (7)
· Irrigation Plans and WELO Calculations (6)
· Planting and Irrigation Details (3)
· Traffic Signal Schedules –complete conductor schedule (up to 2 sheets) · Traffic Signal Details (up to 2 sheets)
· Street Lighting Details (up to 1 sheet)
· InSync Adaptive Details (up to 1 sheet)
22 Task 2.12.2 95% Specs
Kimley-Horn will prepare a project specifications in Caltrans Standard Specifications format, in conformance with the 2025 Caltrans Standard Specifications and Standard Special Provisions. The City will provide boilerplate specifications to be used as a template.
Task 2.12.3 95% Estimate
Kimley-Horn will update the contract quantities and corresponding construction cost estimates for the 95% submittal.
Task 2.12 Deliverables
§ 95% Plans (PDF)
§ 95% Project Special Provisions (DOC)
§ 95% Engineer’s Estimate (PDF)
§ Responses to 65% PS&E Comments (XLS)
Task 2.13 Phase 2 Final PS&E
Task 2.13.1 Final Plans
Comments received from the City on the 95% PS&E submittal will be reconciled and relevant comments incorporated into the Final PS&E package.
Task 2.13.2 Final Specs
Comments received from the City on the 95% PS&E submittal will be reconciled and relevant comments incorporated into the Final PS&E package.
Task 2.13.3 Final Estimate
Kimley-Horn will update the contract quantities and corresponding construction cost estimates for the 95% submittal.
Task 2.13 Deliverables
§ Final Plans (22”x34” PDF)
§ Final Project Special Provisions (DOC)
§ Final Engineer’s Estimate (PDF)
§ Responses to 95% PS&E Comments (XLS)
Task 3: Environmental Compliance & Permitting
Task 3.1 Technical Documentation
Task 3.1.1 Air Quality
Kimley-Horn will assess air quality emissions in accordance with the Bay Area Air District’s recommended methodologies set forth in the CEQA Air Quality Handbook. The analysis will be prepared in accordance with the CEQA criteria, standards, and provisions. The following outlines our approach:
Existing Conditions/Regulatory Framework. The project is located within the San Francisco Bay Area Air Basin, which is under the jurisdiction of the Bay Area Air District. Baseline meteorological and air quality data developed through the California Air Resources Board (CARB) will be utilized for the description of existing 23 ambient air quality. Air quality data from the nearest air quality monitoring station will be included to help highlight existing air quality local to the project area. Construction Emissions. Kimley-Horn will calculate construction emissions using California Emissions Modeling (CalEEMod) software. Emissions will be calculated based on the project’s scope and assumptions regarding construction equipment and scheduling, and associated vehicle trips. The air pollutant emissions during construction will be compared to the Bay Area Air District thresholds of significance. Construction- related mitigation will be identified as necessary.
Operational Emissions. Kimley-Horn will qualitatively evaluate mobile source emissions with the assumption that traffic volumes and VMT will not increase.
· Localized Emissions. Kimley-Horn will qualitatively evaluate localized effects and health risk for construction and operations with the assumption that construction would be short term and operations would not increase traffic volumes.
Odors. Kimley-Horn will provide a qualitative odor analysis from the construction and operation of the proposed project.
Plan Consistency. Project consistency will be evaluated against the Bay Area’s Air Quality Management Plan (AQMP). Attainment Plan consistency is primarily concerned with the long-term influence of a project on air quality in the Air Basin.
Task 3.1.2 Noise
The noise study will quantify both construction and operational noise levels, as well as construction vibration.
The analysis will examine whether the project noise would generate a substantial temporary or permanent increase in ambient noise levels in the project’s vicinity in excess of applicable standards. The following outlines our approach:
Existing Conditions and Regulatory Setting. Noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site. A site visit will be conducted, and noise level measurements will be taken along the project area. The noise monitoring survey will be conducted at up to five separate locations (approximately four short-term measurements and one long-term measurement) to establish baseline noise levels in the project area. Noise recording lengths are for the short-term measurements are anticipated to require approximately 15 minutes at each location and the long-term measurement is anticipated to be approximately 24-hours.
Construction Noise. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence. Noise impacts from construction sources will be analyzed based on the anticipated equipment, construction phase duration, and typical equipment specifications. The noise analysis will examine whether construction noise would generate a substantial temporary increase in ambient noise levels in the vicinity of the project in excess of City standards.
Vibration. An analysis of construction vibration impacts will be based on the Federal Transit Administration’s (FTA) vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area, specific construction activities, and Noise Ordinance specifications. The analysis will examine whether the project would generate excessive groundborne vibration or noise. Mobile Source Noise. Traffic noise will be assessed qualitatively with the assumption that traffic volumes will not increase.
Task 3.1.3 Biology
As a subconsultant to Kimley-Horn, BKF will conduct a database search of the California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB), the California Native Plant Society (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California listings, and the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation online system and Critical Habitat mapper to 24 preliminarily identify any special-status biological resources known to occur within the general vicinity of the project site. This will allow BKF to focus their field investigation on federally and State listed species known to occur within the vicinity of the project site. In addition, BKF will review U.S. Department of Agriculture soil data, historic/current aerial photographs, and U.S. Geological Survey topographic maps to further assess the ecological conditions within the project site. Following the literature review, BKF will systematically survey the project site to document baseline biological conditions and evaluate the site’s potential to support special-status plant and wildlife species. Special-status species refer to those plant and wildlife species that are federally or State listed, proposed, or candidates, plant species that have been designated a California Rare Plant Rank by the California Native Plant Society; species that are designated as Fully Protected; Species of Special Concern, or Watch List species by the California Department of Fish and Wildlife. The field survey will be conducted by a qualified biologist(s) to document the presence/absence of special-status biological resources, or to determine the potential for occurrence of such resources that may not be detectable when the literature review is conducted. Notes will be taken on all plant and wildlife species observed onsite during the field survey. In addition, the location of any special-status plant and wildlife species and vegetation communities will be mapped, if present on-site. Vegetation communities occurring within the project site will be classified in accordance with the vegetation descriptions provided in A Manual of California Vegetation (Sawyer et al. 2009). Data collected during the field survey will provide an overall understanding of the project setting and biological resources potentially occurring in the area.
BKF will then prepare a technical report to summarize the information and results obtained during the literature review and field survey, document all plant, wildlife, and vegetation communities observed, and determine the potential for any special-status species to occur on or within the vicinity of the project site. In addition, the report will provide an analysis of anticipated project-related impacts to biological resources and identify any additional biological surveys, mitigation measures, and/or permit requirements that may be required prior to implementation of the proposed project. Site photographs taken during the field survey and Geographic Information Systems figures will be included in the report to further enhance written text and visually identify specific biological information as it relates to the project site.
Our initial review of the project impact area noted that while this area is heavily developed, there are recent adjacent records for special-status plants (e.g., Contra Costa goldfields) and wildlife (e.g., Swainson’s hawk).
Accordingly, we included a field survey as part of our scope to identify the potential for these special-status species to occur and/or be impacted by the project. This includes surveying a half-mile buffer (where accessible) around the project to identify potential nesting and foraging sites for Swainson’s hawk, as the local CDFW office is sensitive to the presence of this species.
Task 3.1.4 Cultural
The Kimley-Horn team will perform a records search request from the California Historical Resources Information System (CHRIS) at the Northwest Information Center (NWIC) to identify any previously documented archaeological resources in the project area, and the sensitivity for inadvertent discovery. This scope assumes that the City would be responsible for AB52 consultation and the consultation would be summarized in the CEQA document.
Task 3.1.5 Traffic
In accordance with SB 743 requirements, a VMT analysis must be performed for any project that adds capacity to the local or regional roadway network. Appropriate travel demand model will be used to identify any potential VMT impacts. Kimley-Horn will use localized travel demand model adopted by the City to identify potential VMT impacts, and the findings will be summarized and shared with the City. VMT impacts will be based on the net change in regional VMT with the implementation of the project. The following scenarios will be considered for the VMT analysis:
· Horizon Year No Project Conditions
· Horizon Year Plus Project Conditions
25 The results and findings of the VMT analysis will be documented in technical memorandum format with graphics as deemed appropriate by Kimley-Horn. We will prepare and submit an electronic (PDF) copy of the draft report to the City. We will address one set of consolidated, non-conflicting Client comments on the draft memorandum. If the comments require additional analysis or data collection beyond that provided for in this Scope of Services, this work will be considered as an additional service. Any additional comment responses, regardless of origin, will also be considered as an additional service. Kimley-Horn will prepare and submit an electronic (PDF) copy of the final technical memorandum to the City.
Task 3.1.6 Phase I Initial Site Assessment
As a subconsultant to Kimley-Horn, Geocon will assess the site for the potential presence of RECs (i.e., levels of hazardous substances and/or petroleum products warranting regulatory cleanup action) and the uses and conditions at properties and facilities in the site vicinity with the potential to cause (or have caused) an REC at the site. For the purposes of this Phase I ISA, the “vicinity” of the site is defined as properties/facilities within ¼ mile of the site.
The Phase I ISA services will include:
· A reconnaissance of the site to assess for the presence or make visual observations of indicators of the potential presence, of RECs on the site. These indicators may include 55-gallon drums, underground and aboveground storage tanks, chemical containers, waste storage and disposal areas, industrial facilities, discolored surficial soils, electrical transformers that may contain polychlorinated biphenyls, and areas conspicuously absent of vegetation. If access is unavailable to any portions of the site, our ability to complete the assessment described herein may be hindered. Assessment of the site for wetlands, asbestos-containing building materials, lead-containing paint, lead in drinking water, radon, methane gas, and naturally occurring substances such as arsenic and asbestos are not included in the Phase I ISA services.
· Performing a visual survey of adjoining and adjacent properties from the site and from public thoroughfares to observe general types of land use and conditions surrounding the site. · Reviewing the Standard Environmental Records Sources: Federal and State as referenced in ASTM E 1527-21 to obtain information regarding the potential presence of hazardous substances and/or petroleum products on the site or on properties within the approximate minimum search distance specified for each source. reviewing reasonably ascertainable regulatory agency files for the site and documented hazardous substance and/or petroleum product release locations near the site. The sources for these files could include the local department of environmental health, the San Francisco Bay Regional Water Quality Control Board, and the California Department of Toxic Substances Control. · Contacting local public agencies by telephone or in writing to obtain readily ascertainable information regarding permits and violations related to hazardous materials and petroleum products. · Reviewing pertinent and reasonably ascertainable information sources to evaluate physiographic, geologic, and hydrogeologic conditions in the vicinity of the site.
Task 3.1 Deliverables
§ Air Quality Assessment
§ Noise Assessment
§ Biological Report
§ CHRIS Records Search Results
§ VMT Memorandum
§ Phase I ISA
26 Task 3.2 CEQA Documentation
Task 3.2.1 IS/MND
Kimley-Horn will prepare a draft Initial Study document for the Phase 2 work, utilizing the technical studies noted above to include the following sections:
· Introduction. This section will introduce the Initial Study, describe the purpose of the Initial Study and determination for the preparation of the appropriate environmental document and will provide a brief summary of the findings of the updated Initial Study.
· Project Description. The project description will provide a detailed, yet concise, description of the proposed project. Any discretionary actions needed to implement the project will be identified. The project description will also include an environmental setting component to detail the baseline physical setting and characteristics of the project site, as well as the setting and character of adjacent land uses and the surrounding area.
· Environmental Analysis. This section will provide an expanded discussion of the environmental issues as presented in the City’s Environmental Initial Study checklist. Each checklist question will be presented and discussed. The initial study and environmental checklist will include the following 20 environmental issue areas included in the CEQA Guidelines Environmental Checklist:
I. Aesthetics
II. Agricultural and Forest Resources
III. Air Quality
IV. Biological Resources
V. Cultural Resources
VI. Energy
VII. Geology and Soils
VIII. Greenhouse Gas Emissions
IX. Hazards and Hazardous Materials
X. Hydrology and Water Quality
XI. Land Use and Planning
XII. Mineral Resources
XIII. Noise
XIV. Population and Housing
XV. Public Services
XVI. Recreation
XVII. Tribal Cultural Resources
XVIII.Transportation/Traffic
XIX. Utilities and Service Systems
XX. Wildfire
· Mandatory Findings of Significance. This section of the document will provide a discussion of the project’s impacts, as they relate to the mandatory findings of significance under CEQA. Similar to the discussion in the Environmental Analysis section, a response will be presented for each of the 27 Mandatory Findings of Significance questions, as found in the Initial Study Checklist. Any mitigation measures developed to reduce adverse impacts will also be identified. · Appendix. Technical Studies prepared for the project will be included as an appendix to the document.
Once the Administrative Draft Initial Study is completed, it will be presented to the City for review and comment.
Kimley-Horn will review the findings with the City to validate the direction of environmental document to be prepared (Mitigated Negative Declaration is anticipated).
Kimley-Horn will prepare a 2nd Administrative Draft IS/MND in response to one consolidated set of comments from the City on the Administrative Draft Initial Study.
Kimley-Horn will prepare a Public Review Draft IS/MND in response to one consolidated set of comments from the City and one consolidated set of comments from the Client on the 2nd Draft IS/MND.
Kimley-Horn will upload the IS/MND to CEQAnet and file the IS/MND with the County Clerk, on behalf of the City.
Kimley-Horn will draft the Notice of Completion (NOC) and Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (NOI), for posting with the IS/MND. This scope assumes all fees will be paid by the City. Kimley-Horn will print up to three hard copies of the IS/MND, for delivery to the City. This scope assumes the City would distribute the hard copies of the IS/MND, as appropriate.
Task 3.2.2 Response to Comments/MMRP
Kimley-Horn will prepare and submit a first draft Mitigation Monitoring and Reporting Program (MMRP) to the City with the 2nd Administrative Draft IS/MND. In response to one consolidated set of comments from the City on the First Draft MMRP, Kimley-Horn will also prepare and submit a Second Draft MMRP to the City.
In response to comments received from the public during circulation, Kimley-Horn will prepare a Final IS/MND.
Kimley-Horn will prepare draft responses to comments received on the IS/MND, for City review. This task includes revisions to the Final MND in response to one round of City comments. This scope assumes up to 50 hours of Kimley-Horn staff time for this task. It is assumed that the City will file and post the Notice of Determination.
Task 3.2.3 Environmental Meetings and Coordination
The Kimley-Horn team will participate in monthly meeting with the Client virtually, and coordinate with the Client as needed throughout the CEQA process via emails and calls. Kimley-Horn will maintain a project schedule for the tasks outlined in Task 3, including monthly updates, as appropriate. This task includes up to 60 hours of Kimley-Horn staff time. The level of effort in this task is an estimate and the Client will be billed the actual cost to complete the task. Any additional work over the agreed upon amount will required prior approval from the Client prior to initiating work efforts.
Task 3.2.4 Permitting
Our initial review of the project did not identify any potential waters of the US or waters of the State or protected wetlands that would be impacted. Accordingly, we do not anticipate any permitting for impacts to drainages or wetlands as a component of the project. At this time we do not anticipate impacts to special-status species.
However, our biological resources assessment will identify any potentially jurisdictional features and the potential for special-status species to occur. In lieu of that information and based on our desktop assessment indicating no need for environmental permitting, we do not include scope or cost for this task in this proposal.
Task 3.2 Deliverables
§ Administrative Draft IS/MND, Screencheck Draft IS/MND, Public Draft IS/MND and Final IS/MND § MMRP
§ Notice of Completion
28 § Notice of Intent to Adopt a Negative Declaration
Task 4: Right-of-Way & Surveying
Task 4.1 Topographic Survey
Survey Control
UNICO will utilize agency approved North American Datum (NAD83) and North American Vertical Datum (NAVD88) benchmarks as the basis of our work and will set durable control points throughout the project for utilization of surveys and future construction control. UNICO will prepare a control report of all major control points used for the project.
Topographic Surveying and Mapping
UNICO will provide hi-resolution orthorectified imagery of the full project corridor scaled to the ground control as a design and visual aid, mainly for 2D planimetric and striping purposes. The limits of the imagery will cover the full intersection of Peabody Road and Air Base Parkway and continue northerly along Peabody Road to a point approximately 50 feet beyond Markeley Lane at the width as provided by design team.
UNICO will perform design topographic surveys at full street width along Peabody Road from a point approximately 60 feet north of Huntington Drive to a point approximately 100 feet south of Dobe Lane at which UNICO will then perform design topographic surveys at the westerly half street width of Peabody Road to a point approximately 100 feet north of Air Base Parkway. UNICO will locate visible street intersection improvements such as walks, curbs, gutters, curb ramps, striping, edges of pavement, signs, fences, walls, driveways and AC slopes. UNICO will also locate all visible utilities such as utility poles, signals, manholes, valves, boxes, vaults, drain inlets, trees (size and drip circle), and other relevant features critical to design. Road cross-sections will be located at 25’ intervals or closer, including all curve points, grade breaks and change in directions, roadway pavement shots will be located at 5’, 10’, 15’ and 20 feet from the face of curb and open field locations will be shot at 5’, 10’, 15’ and 20 from edge of pavement. UNICO will locate ground features, drainage, trees and visible utilities along the reconnection alignment at sufficient width for roadway design. Measure downs to relevant sewer and drain structures will be performed to include depth, approximate size and flow direction. Special attention to conforms, driveways, ADA access and ADA curb ramps will be given. UNICO will locate all pre-marked USA markings (by others) and any Geotech potholes. UNICO will map all topographic features in AutoCAD format to include 1’ contours and 3D surface.
Task 4.1 Deliverables
§ Survey Control Table (PDF)
§ Survey Control Sheet (PDF)
§ Topographic AutoCAD Base File (DWG)
§ Orthorectified Imagery
§ Points Files (XLS)
Task 4.2 Right-of-Way Surveying and Mapping
UNICO will research records of surveys, subdivision maps, parcel maps, highway maps, corner record cards and deed documents for the determination of the existing right of way and parcel boundaries along the project corridor.
UNICO will perform field surveying of record right of way and property monuments to resolve the right of way and parcel boundaries. UNICO will resolve the boundaries from record and field information and create an overall boundary base map. UNICO will purchase four (6) title reports for properties that may be impacted by the project to best determine rights of way, easements and other boundary constraints. UNICO will prepare a right of way and boundary LANDNET base file showing all right of way, easements, ownership details, and Parcel Identification 29 APN’s. All monuments that are found within the project footprint, will be located and shown on base file for future monument perpetuation activities during the construction phase.
Task 4.2 Deliverables
§ LANDNET AutoCAD Base File (DWG)
§ Maps and Deeds (PDF)
§ Points Files (XLS)
§ Title Reports (XLS)
Task 4.3 Right-of-Way Engineering
Pre-Construction Record of Survey (Monument Preservation) UNICO will prepare a Pre-Construction Record of Survey base on a prepared LANDET base mapping depicting the survey methods and procedures. The Pre-Construction Record of Survey will also fulfill the Monument Preservation requirement and facilitate future acquisitions Acquisition Support
Upon determination of right of way acquisition needs, UNICO will prepare plats and legal descriptions as needed for the project. Plats and legal descriptions will be prepared as needed for right of way acquisition, easements and temporary construction easements (TCE). UNICO will prepare preliminary plats and legal descriptions for agency review. Upon approval, UNICO will prepare final signed and stamped plats and legal descriptions. The exact amount and locations will be determined during design and project needs. For this proposal, UNICO will assume the preparation of six (6) plats and legal descriptions as needed for the project.
Task 4.3 Deliverables
§ Pre-Construction Record of Survey (PDF)
§ Plats and Legal Descriptions (PDF)
Task 4.4 Appraisals and Acquisitions
Associated Right of Way Services, Inc. (AR/WS) will provide right of way services for impacts to the subject properties:
NO APN OWNER ADDRESS
1 0170-032-290 LBM PARTNERSHIP LP 2455 Huntington Drive 2 0170-032-200 QUIK STOP MARKETS INC 2985 Peabody Road
Right-of-Way Project Management and Consulting
· Establish work process with Client and schedule, manage and coordinate all real estate functions. · On-going consultation, meetings and recurring project management duties. · Coordinate with Client, City, appraiser, property acquisition agent, and if necessary, legal counsel. · Assistance with analyzing various courses of action. Work with Client and City to resolve problems and recommend solutions.
· Contract management, budget monitoring and control, and project reporting. · Monitor compliance with applicable state laws, regulations, and guidelines. 30 · Maintain accurate records. Monitor work plan and workflow. · Order title reports for the above subject properties and coordinate with title company.
Appraisal
· The City of Fairfield is an Intended User.
· Appraisals are to be provided to Client and City staff as directed. · Appraisals to be prepared in accordance with California Eminent Domain Law; California Government Code Section 7260 et seq.; and Uniform Standards of Professional Appraisal Practice requirements, except as jurisdictionally exempt.
· The owner or a designated representative will be invited by the appraiser to accompany him/her during the inspection of the property.
· Appraisals to be prepared in an Appraisal Report format in accordance with Uniform Standards of Professional Appraisal Practice, Standard Rule 2-2.
· The appraisal reports will commence upon receipt of Client’s written authorization to proceed, adequate appraisal maps, preliminary title reports, and design plans. · Appraisals are for the “Fair Market Value” of the properties as per California Code of Civil Procedure, Section 1263.320.
· The appraiser will issue the necessary public acquisition informational brochure to all owners. · In accordance with the California Code of Civil Procedure Section 1263.330, the market value of the property acquired will not include consideration of any increase or decrease in the value of the property that is attributable to any of the following:
o The project for which the property is taken;
o The eminent domain proceeding in which the property is taken; o Any preliminary actions of the acquiring authority relating to the taking of the property. · If revisions are made to the property or assignment requirements during the appraisal process or upon completion of the report, appraisal time to address these revisions will be billed on an hourly basis in accordance with the AR/WS Fee Schedule. (Optional Service) Negotiation/Acquisition
· AR/WS to prepare acquisition documents. Said documents include, but are not limited to: offer letter, appraisal summary statement and summary of the basis for just compensation, summary statement pertaining to the acquisition of real property or an interest therein, purchase agreement, deed, and public acquisition brochure. It is assumed that easement deed language will be provided by the Client or City.
AR/WS will initiate and maintain individual acquisition files. All acquisition documents to receive City’s written approval as to form prior to use in the field.
· AR/WS will present approved written offer to the property owners. · AR/WS will negotiate to acquire partial acquisitions, including potential temporary construction easements, identified by the Client or City. We are assuming there will be negotiations with up to 3 property owners and no lessees.
· All discussions for the acquisition of property or an interest therein will be directed to result in the payment of just compensation.
· If settlement with owners is reached pursuant to the City approved appraisal or City approved administrative settlement, AR/WS will prepare a Memorandum of Settlement for transmittal to City, reviewing the issues. This memorandum will require City written approval before implementation of any settlement agreement.
31 · AR/WS will make every reasonable effort to acquire property on behalf of the City expeditiously through agreement with its owner and to avoid litigation. This may necessitate greater levels of effort in the negotiations phase and, where appropriate, should continue after eminent domain has been initiated. City will provide ongoing feedback to AR/WS as to authorization for settlements. · AR/WS will establish a process of coordinating escrow closings and reviewing escrow instructions.
Where there are escrow closings, preparation of escrow instructions will be completed by title company.
Approval of conditions of title and escrow instructions, including but not limited to, “subject to” title exceptions, will be done by City.
· If agreement with all owners cannot be reached, AR/WS will advise City that negotiations have reached an impasse. The City will consider scheduling of an action in eminent domain including the required public necessity hearing.
Task 4.4 Deliverables
§ Preliminary Reports or Condition of Title Guarantees prepared by a title company (PDF) § Draft Notice of Decision to Appraise for Client review and approval (DOC) § Appraisal Reports (PDF)
§ Draft Acquisition Documents for Approval (DOC)
§ Memorandum of Settlement and Signed Agreement (upon settlement.) (PDF) § Notice that negotiations have reached an impasse (if needed.) (PDF) Task 5: Bid Support
Task 5.1 Phase 1 Pre-Bid Meeting
Kimley-Horn shall attend the virtual pre-bid meeting (if deemed necessary by the City).
Task 5.2 Phase 1 Bid Support
Kimley-Horn shall respond to questions concerning the plans, specifications & estimates prior to bid opening, and prepare up to one addenda, if required.
Kimley-Horn shall review construction bids received and make recommendation to the City for award of a construction contract. Kimley-Horn will tabulate the bids received and evaluate general compliance of bids with the bidding documents. Kimley-Horn will provide a summary of this tabulation and evaluation.
Task 6: Construction Support
Kimley-Horn will provide limited construction phase services as specifically set forth below.
Task 6.1 Phase 1 - Construction Meetings
Kimley-Horn will attend a Pre-Construction Conference to be conducted by the City before the start of construction.
Kimley-Horn will attend up to 3 virtual construction meetings , to be led by the Construction Manager, to respond to questions concerning the plans, specifications, and estimates.
Task 6.2 Phase 1 - Site Visits
Kimley-Horn will make up to 1 visit to the project at the request of the City in response to questions arising from the progress of the work. Kimley-Horn will not supervise, direct, or control Contractor's work, and will not have authority to stop the Work or responsibility for the means, methods, techniques, equipment choice and use, 32 schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for failure of Contractor to comply with laws. Kimley-Horn does not guarantee Contractor’s performance and has no responsibility for Contractor's failure to perform in accordance with the Contract Documents.
Kimley-Horn is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement.
Kimley-Horn shall participate in the final walk through of the constructed project and assist in the preparation of a punch list of items in need of work. The City or Resident Engineer will verify punch list items are completed by the Contractor.
Task 6.3 Phase 1 - Review Submittals
City will review all submittals for Phase 1.
Task 6.4 Phase 1 - Respond to RFls
Kimley-Horn will respond to up to 2 Contractor requests for information made in accordance with the Contract Documents and issue necessary clarifications and interpretations. Any orders authorizing variations from the Contract Documents will be made only by Client.
Task 6.5 Phase 1 - Prepare CCOs
The Kimley-Horn team may recommend Change Orders to the Client and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. One change order, impacting one page of the project plans is included in this scope of work.
RFIs, change orders, or construction support exceeding the stated limits shall be considered Additional Services.
Preparation of record drawings (based on Contractor’s as-built drawings) is not included in this scope of services.
It is assumed that Contractor’s as-built drawings will be incorporated into base for Phase 2.
Task 6 Deliverables
§ Responses to RFIs (PDFs)
§ CCOs (22”x34” PDFs)
4 Revised 1/09/2025
EXHIBIT “B”
PAYMENT
1) For and in consideration of CONSULTANT's Services, CITY agrees to pay CONSULTANT for actual fees, costs and expenses for all time and materials expended and in no event shall total compensation under this AGREEMENT exceed ONE MILLION ONE HUNDRED SEVENTY-EIGHT THOUSAND, TWO HUNDRED THIRTY-TWO DOLLARS ($1,178,232) without CITY authorization. 2) Payment shall be made to CONSULTANT in accordance with the CONSULTANT's price proposal accepted by the City. CONSULTANT shall submit, and CITY shall pay monthly invoices for work performed during the previous month. For the time and material services billing shall be based on the hourly and fee rate charges set forth in Exhibit “B” attached hereto, and on the number of hours expended on the PROJECT by each classification of employee.
3) Extra work performed by the CONSULTANT for any work required by the CITY which is not specified as part of Exhibit “A” including but not limited to, any changes to CONSULTANT's Services including but not limited to contract change orders after the award of the construction contract by the City Council, or testimony in Court, shall be compensated by the use of the time and material fee rates of the attached Exhibit “B”. No extra work will be compensated for unless required by CITY in writing. 4) CONSULTANT shall submit invoices to CITY, Attention: [email protected] and CITY shall pay CONSULTANT within 30 days of receiving a proper invoice. CONSULTANT shall notify the CITY in writing when the CONSULTANT's invoices total billing is within 25% of the total authorized amount.
Category/Title
Billing Rate $380 $375 $345 $280 $250 $210 $190 $175 $160 Task 1 Project Management & Coordination 12 16 136 4 40 76 40 324 $ 90,960 $ - $ - $ - $ - $ - $ 90,960
1.1 Administration & Quality Control 12 80 68 40 200 $ 52,840 $ 52,840
1.2 Kickoff Meeting 8 8 4 20 $ 6,880 $ 6,880
1.3 City Coordination and Project Review Meetings 8 48 40 8 104 $ 31,240 $ 31,240 Task 2 Design 18 72 229 542 723 856 966 103 3,509 $ 748,345 $ - $ 22,715 $ - $ 3,000 $ - $ 774,060
2.1 Public Outreach and Stakeholder Coordination 12 18 4 36 20 27 117 $ 24,140 $ 24,140
2.2 Review of Background Documents 6 8 4 18 $ 4,910 $ 4,910
2.3 Site Investigations 16 15 18 22 27 16 114 $ 28,225 $ 28,225
2.3.1 Arborist Tree Inventory $ - $ 3,000 $ 3,000
2.4 Geotechnical Studies 2 4 6 $ 1,690 $ 22,715 $ 24,405
2.5 Utility Coordination 40 106 62 208 $ 52,080 $ - $ - $ - $ - $ - $ 52,080 Preliminary Utility Coordination 6 12 18 $ 3,780 $ 3,780 Final Utility Coordination and Certification 40 100 50 190 $ 48,300 $ 48,300
2.6 Phase 1 95% PS&E 1 13 4 56 52 126 $ 27,495 $ - $ - $ - $ - $ - $ 27,495 95% Plans 1 4 1 20 40 66 $ 13,425 $ 13,425 Preliminary Utility Exhibit (for City coordination with AT&T) 2 2 8 12 $ 3,120 $ 3,120 Phase 1 Intersection Lighting Analysis 1 4 4 9 $ 1,915 $ 1,915 95% Specs 4 16 20 $ 4,860 $ 4,860 95% Estimate 2 1 8 8 19 $ 4,175 $ 4,175
2.7 Phase 1 Final PS&E 1 10 3 20 16 50 $ 12,165 $ - $ - $ - $ - $ - $ 12,165 Final Plans 1 4 1 8 12 26 $ 6,005 $ 6,005 Final Specs 2 1 8 11 $ 2,775 $ 2,775 Final Estimate 4 1 4 4 13 $ 3,385 $ 3,385
2.8 Phase 2 35% Conceptual Plans and Estimate 11 34 44 44 96 8 237 $ 47,975 $ - $ - $ - $ - $ - $ 47,975 35% Plans 10 30 40 44 88 8 220 $ 44,390 $ 44,390 35% Estimate 1 4 4 8 17 $ 3,585 $ 3,585
2.9 Landscaping Concept Plan 12 4 30 10 56 $ 12,590 $ 12,590
2.10 Drainage Report & Stormwater Control Plan 5 8 95 55 142 305 $ 66,915 $ 66,915
2.11 Phase 2 65% PS&E 10 35 74 168 219 307 20 833 $ 168,140 $ - $ - $ - $ - $ - $ 168,140 65% Plans 4 26 48 138 206 287 20 729 $ 144,015 $ 144,015 65% Specs 4 7 24 20 5 60 $ 15,065 $ 15,065 65% Estimate 2 2 2 10 8 20 44 $ 9,060 $ 9,060
2.12 Phase 2 95% PS&E 16 8 46 123 174 243 325 30 965 $ 200,085 $ - $ - $ - $ - $ - $ 200,085 95% Plans 16 4 37 91 152 237 295 30 862 $ 176,470 $ 176,470 95% Specs 2 7 30 12 4 55 $ 13,945 $ 13,945 95% Estimate 2 2 2 10 2 30 48 $ 9,670 $ 9,670
2.13 Phase 2 Final PS&E 10 35 58 176 53 124 18 474 $ 101,935 $ - $ - $ - $ - $ - $ 101,935 Final Plans 4 30 48 166 50 112 18 428 $ 90,690 $ 90,690 Final Specs 4 3 8 4 2 4 25 $ 6,455 $ 6,455 Final Estimate 2 2 2 6 1 8 21 $ 4,790 $ 4,790 Task 3 Environmental Compliance & Permitting 8 23 39 82 144 100 114 15 525 $ 129,365 $ - $ 6,500 $ 7,550 $ - $ - $ 143,415
3.1 Technical Documentation 14 17 8 43 114 15 211 $ 48,390 $ - $ 6,500 $ 7,550 $ - $ - $ 62,440 Air Quality 6 4 12 30 52 $ 12,070 $ 12,070 Noise 6 4 8 30 15 63 $ 13,695 $ 13,695 Biology 9 9 $ 2,250 $ 7,550 $ 9,800 Cultural 2 8 24 34 $ 7,250 $ 7,250 Traffic 2 15 30 47 $ 11,625 $ 11,625 Phase I Initial Site Assessment 6 6 $ 1,500 $ 6,500 $ 8,000
3.2 CEQA Documentation 8 9 16 40 65 100 238 $ 60,385 $ - $ - $ - $ - $ - $ 60,385 IS/MND 8 9 8 30 50 80 185 $ 46,875 $ 46,875 Response to Comments/MMRP 8 10 15 20 53 $ 13,510 $ 13,510
3.3 Environmental Meetings and Coordination 4 30 34 68 $ 18,280 $ 18,280
3.4 Permitting 2 4 2 8 $ 2,310 $ 2,310 Task 4 Right-of-Way & Surveying 18 46 45 12 121 $ 28,360 $ 50,000 $ - $ - $ - $ 54,271 $ 132,631
4.1 Topographic Survey 6 12 18 $ 3,600 $ 28,980 $ 32,580
4.2 Right of Way Surveying and Mapping 2 8 27 37 $ 7,820 $ 7,300 $ 15,120
4.3 Right of Way Engineering 6 12 18 $ 5,070 $ 17,991 $ 23,061
4.4 Appraisals and Acquisitions 10 20 18 48 $ 11,870 $ 50,000 $ 61,870 Task 5 Bid Support 4 4 8 16 $ 4,560 $ - $ - $ - $ - $ - $ 4,560
5.1 Phase 1 Pre-Bid Meeting 2 2 2 6 $ 1,860 $ 1,860
5.2 Phase 1 Bid Support 2 2 6 10 $ 2,700 $ 2,700
5.3 Phase 2 Pre-Bid meeting $ - $ -
5.4 Phase 2 Bid Support $ - $ - Task 6 Construction Support 2 10 4 34 24 74 $ 17,230 $ - $ - $ - $ - $ - $ 17,230
6.1 Phase 1 - Construction Meetings 1 2 6 9 $ 2,325 $ 2,325
6.2 Phase 1 - Site Visits 4 8 12 $ 3,180 $ 3,180
6.3 Phase 1 - Review Submittals 1 4 5 $ 1,215 $ 1,215
6.4 Phase 1 - Respond to RFls 2 8 8 18 $ 3,830 $ 3,830
6.5 Phase 1 - Prepare CCOs 2 2 2 8 16 30 $ 6,680 $ 6,680
6.6 Phase 1 - Record Drawings $ - $ -
6.6 Phase 2 - Construction Meetings $ - $ -
6.7 Phase 2 - Site Visits $ - $ -
6.8 Phase 2 - Review Submittals $ - $ -
6.9 Phase 2 - Respond to RFls $ - $ -
6.10 Phase 2 - Prepare CCOs $ - $ -
6.11 Phase 2 - Record Drawings $ - $ - TOTAL HOURS 40 125 430 86 772 941 1,015 1,017 143 4,569 Subtotal Labor: $15,200 $46,875 $148,350 $24,080 $193,000 $197,610 $192,850 $177,975 $22,880 $ 1,018,820 $ 50,000 $ 29,215 $ 7,550 $ 3,000 $ 54,271 $ 1,162,856 Other Direct Costs $ 15,376 $ - $ - $ - $ - $ - $ 15,376 Labor Escalation $ 15,006 $ 15,006 Travel/Mileage/Outside Printing/Courier Services/Etc. $ 370 $ 370 TOTAL COST: $ 1,034,196 $ 50,000 $ 29,215 $ 7,550 $ 3,000 $ 54,271 $ 1,178,232 BR00PUSTD.A.CAT
Kimley-Horn and Associates, Inc.
Sr.
Professional I
Support
Staff
Sr.
Professional II
Sr.
Professional II Kimley-Horn
Total Cost
Kimley-Horn
Total Hours
ARWS
Total Cost
Subconsultants
Note: The cost shown herein represents an estimate based on the anticipated scope of work, level of effort, and assumed labor categories and rates. The labor categories shown are for estimating purposes only. The categories and rates presented are not intended to represent all personnel or billing rates, and actual staff and billing rates may vary from those shown. All work will be performed in accordance with the contract terms and will not exceed the agreed upon not-to-exceed amount.
CITY OF FAIRFIELD
Peabody Road Widening - Air Base Parkway to Huntington Drive Project (#CPW070103) Total
Project
Cost
Unico
Total Cost
SBCA
Total Cost
MNS
Total Cost
Geocon
Total Cost
Sr.
Professional I Professional Analyst II Analyst II Analyst I
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EXHIBIT “C”
GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant t o this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to 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 t heir 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
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to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY 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.
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12) LOCAL EMPLOYMENT POLICY . The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.
The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.
As a way of responding to the provisions of the Davis -Bacon Act and this program, 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.
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form wit h 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
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 o wned, 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.