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 Kleinfelder, Inc. ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement.
CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT . CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS . The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428- 7509) and online at www.fairfield.ca.gov/biz.
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through December 31, 2026. 9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. 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 1 Revised 1/09/2025
air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets 11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT.
This Agreement supersedes all prior oral or written negotiations, representations or agr eements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:
CITY Contact: Ryan Panganiban
E-mail: [email protected]
Address: 1000 Webster Street, Fairfield, CA 94533
Telephone: (707) 428-7017
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: Reyhaneh Rahbar-Rastegar
E-mail: [email protected]
Address: 2601 Barrington Court, Hayward, CA 94545
Telephone: (925) 484-1700
EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By:__________________________________
CONSULTANT
By:___________________________________
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KLEINFELDER 2601 Barrington Court, Hayward, CA 94545 p | 925.484.1700 f | 510.887.5932 April 11, 2025
Kleinfelder Project No.: M2401278.001P
Mr. Ryan Panganiban
City of Fairfield Public Works Department
1000 Webster Street Fairfield, CA 94533
SUBJECT: Proposal for Special Inspection and Materials Testing Services North Texas Recreation Facility- Volumes 1 & 2
2030 N. Texas Street, Fairfield, CA 94533
Dear Mr. Panganiban:
Kleinfelder is pleased to present this proposal to provide construction materials testing and special inspection services for the above referenced project. The purpose of our services will be to provide City of Fairfield, and your design professionals with field data and inspection oversight necessary to assess the conformance of the project with applicable project plans and specifications. The following proposal presents our understanding of the project, the scope of services we anticipate providing, an estimate of our fees, authorization, and our limitations.
Kleinfelder is committed to providing quality services to its clients, commensurate with their wants, needs, and desired level of risk. If a portion of this proposal does not meet your needs, or if those needs have changed, Kleinfelder stands ready to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications such as changes in scope, methodology, scheduling, and contract terms and conditions may result in changes to the risks assumed by the clien t, as well as adjustments to our fees.
PROJECT UNDERSTANDING
In the process of developing this proposal, Kleinfelder ha s reviewed project specific documents and specifications including:
• Permitted plans and specifications prepared by Callander Associates, Group 4 Architecture, BKF Engineers, Natron Resources, Geocon, and RW Consulting Engineers with a permit date of November 21, 2022.
The estimated durations, quantities and services provided should be considered approximate and subject to change based on the contractor’s final schedules and methodology. We have based our estimate and proposed scope on our experience with similar projects , a review of the 2022 California Building Code (CBC) and a cursory review of the above noted documents.
EXHIBIT "A"
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KLEINFELDER 2601 Barrington Court, Hayward, CA 94545 p | 925.484.1700 f | 510.887.5932 The above project includes improvements for North Texas Recreation Facility that consists of two volumes:
Volume 1- Site Improvements: site improvements for North Texas Recreation Facility is in 4.43 acres with access to the linear park pathway. The work generally consists of, but is not limited to the following: site demolition, clearing grading, installation of drainage, water sewer & electrical utilities, concrete pathway, asphalt parking lot, picnic areas, shade shelters, wayfinding, play equipment, multi-use turf fields, fitness equipment, multi -use courts, ramps, fencing, landscaping and irrigation as spe cified in the contract documents and as directed by the City engineer.
Volume 2- Building Improvements: building improvements for 2030 North Texas consists of a new one- story type V-B recreation center and trash enclosure.
If the project understanding is different than described, please contact us so we can adjust our scope and accompanying fees.
SCOPE OF SERVICES
Kleinfelder’s project manager assigned to this project is Reyhaneh Rahbar-Rastegar, PhD, PE, who will oversee services for this project supported by our dispatchers, engineers, technicians, and staff to complete the scope of services described in this submittal. We will use our Hayward office as our base, however, with additional supplemental support when needed from our other offices with inspectors and technicians appropriately certified and approved by the jurisdictional authority to perform inspection or testing services on each element of work being observed, tested, or inspected.
A description and budget estimate of our proposed scope of services is presented in the following task summaries. A detailed breakdown of the estimated labor hours and costs for the project are included in Table 1.
Task 1 – Project Kick-Off / Safety
Our Project Manager will attend the project kickoff meeting with the project team when field work starts.
Prior to the start of field activities, Kleinfelder will prepare a site -specific Health and Safety Plan (HASP).
The HASP provides guidelines for personal protection equipment and safety procedures to be used by Kleinfelder staff during field operations. Th e HASP will be specific to Kleinfelder’s field activities during construction and should not be relied upon by others, as their onsite activities wi ll greatly differ from Kleinfelder’s scope of services.
Task 2 – Special Inspection and Materials Testing
Based on our review of the project plans, specifications, and the requirements of the 2022 California Building Code (CBC), we anticipate the following services:
• Soil compaction observation and testing (reports only); on a periodic basis at the direction of your representative to provide inform ational testing for your evaluation of adherence to the project plans, specifications, and recommendations of the geotechnical report . Test reports will be forwarded to the Geotechnical Engineer of Record. Kleinfelder will not be assuming responsibility as the Geotechnical Engineer of Record.
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KLEINFELDER 2601 Barrington Court, Hayward, CA 94545 p | 925.484.1700 f | 510.887.5932 • Asphalt concrete inspection and testing ; Our services will include periodic field density testing during placement of asphalt concrete pavement. Batch tickets will be periodically verified for conformance to the project plans and samples will be obtained at the batch plant and delivered to our laboratory for testing.
• Concrete placement sampling and testing; Our services are anticipated to include periodic cast- in-place concrete placement testing by an ACI certified testing technic ian. Slump and temperature tests will be performed, and concrete specimens will be cast for compressive strength testing in accordance with the project specifications and local jurisdiction requirements. Concrete specimens will be picked up and delivered to our laboratory after the initial on-site curing period. It is our understanding that inspection of the reinforcement steel and placement will be performed by others. Kleinfelder can provide these services if desired following our receipt of appropriate authorization. • Shop & Field welding and Bolted Connections inspection of structural steel (including material identification); Our services will include periodic observation and inspection during field and shop welding and fabrication (including reinforcing steel and architectural framing) and review of procedures and welder qualifications. Continuous observation and inspection wi ll be performed during all full penetration and groove welds. Ultrasonic testing will be performed on a periodic basis when required. During st ructural steel high strength bolting and fit up our services will include periodic observation of torquing and tensioning of all high strength bolts involved in critical connections as required by the plans and specifications. Samples of high strength bolts, washer, and nut assemblies will be tested by our inspectors prior to use on the project.
• Post-Installed anchor inspection services; Our services will include continuous observation during placement of proprietary anchors and epoxy rebar. We have initially assumed only those items included in the project plans. Observation will be made of the product used, expiration date if applicable, and conformance of installation to the ICC product research report and manufacturer recommendations. We have assumed that pull testing of anchors i s not required. Should this be required or requested we will prepare an estimate and scope of services for approval prior to performing these tests. If additional anchor or epoxy inspection is required due to contractor means and methods, we will inform yo u of this change and any modification to our anticipated fee to accommodate these additional inspections. • Non-Shrink grout placement and sampling ; Our services will include periodic observation and sampling of non-shrink grout placed in the field beneath steel columns. Compressive strength samples will be prepared and returned to our laboratory following initial on-site cure. • Structural Masonry testing; Our services are anticipated to include periodic sampling/casting of composite specimens. It is our understanding that all inspection of the structural masonry will be performed by others.
• Materials laboratory support services will be performed in conjunction with the field-testing and observation described above in accordance with the plans, specifications, and local jurisdictional requirements to evaluate that the materials comply with project requirements and are suitable for their intended use. During concrete construction, our services are anticipated to include compressive strength testing of structural concrete strength specimens. During masonry construction our services are anticipated to include compressive strength testing of composite masonry block prisms. During earthwork construction our services are anticipated to include moisture density relationships (Proctor curves), moisture testing, plasticity index testing, and sieve analy sis. During steel construction our services are anticipated to include tension verification by Skidmore Wilhelm and compression testing of non -shrink grout samples. During HMA placement our services are anticipated to include binder content, maximum theoretical density and sieve analysis.
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KLEINFELDER 2601 Barrington Court, Hayward, CA 94545 p | 925.484.1700 f | 510.887.5932 Task 3 - Project Management & Reports
• Project Management
Our Project Manager will provide oversight of the project and review daily field reports for the purpose of reviewing construction compliance. Items found in noncompliance with the project requirements will be brought to the attention of the general contractor’s construction superintendent and if not resolved, designated design professionals, and your responsible representative. • Reports
Our field staff will prepare electronic daily field reports detailing work items observed with a copy provided to the general contractor/superintendent prior to leaving the site. Upon completion of the project, we will provide a final summary report to doc ument the observation and testing services conducted.
It should be noted our services will not include: (1) review of project plans and specifications with respect to local codes or reports prepared for the site or project; (2) supervision, direction, or acceptance of the contractor's work; (3) interpretation or modification of the project plans or specifications; or (4) job site safety.
ESTIMATED FEES
Based on the scope of services presented, we have developed a tentative budget estimate of $150,329 in connection with Special Inspection and testing Services. Should the final construction schedule require a lesser or greater amount of service than that estimated herein, the cost for construction testing services would vary accordingly. A detailed summary of our estimated fees is presented in Tables 1 and 2 for your review.
BASIS OF CHARGES
We propose our services be compensated on a time-and-expense basis and based on a 4-hour minimum for our field inspectors with hourly increments thereafter. Mileage charges will be invoiced at a rate the current IRS reimbursement rate per mile (currently $0.655 per mile. All services will be invoiced on a portal-to-portal basis from our servicing offices. For estimation purposes, we have assumed our Hayward office. Services requested and not listed in this proposal may be provided upon authorization and will be charged in accordance with the Fee Schedule. Our proposed unit rates for this project are as follows:
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KLEINFELDER 2601 Barrington Court, Hayward, CA 94545 p | 925.484.1700 f | 510.887.5932 Technician Services:
Special Inspector – PW Group 1 (Welding NDT Testing) $263.00/hour Special Inspector – PW Group 2 (Welding and HS bolts) $247.00/hour Special Inspector – PW Group 3 (Soil Compaction and Testing) $220.00/hour Special Inspector – PW Group 4 (Concrete) $200.00/hour Special Inspector – Non-Prevailing Wage Shop Welding Inspection $135.00/hour Technician – sample delivery $120.00/hour
Vehicle Mileage $0.700/mile
Other Services:
Project Manager $236.00/hour
Senior Principal Engineer $315.00/hour
Admin/Word Processing/Dispatch $115.00/hour
Other Labor Charges:
Minimum show up time Minimum 4-hours
Work from 4 to 8 hours 1-hour increments
Work over 8 hours 1.5 times hourly rate
Work over 12 hours 2.0 times hourly rate
Swing Shift and Graveyard Shift 1.4 times hourly rate
Saturdays 1.5 times hourly rate
Sundays/Holidays 2 times hourly rate
While we are diligent in our review of the project schedule and plans, it may be possible for deviations to occur once the project has begun. The actual cost of our services will depend largely on the contractor's efficiency and actual schedule and progress, as well as impact of weather and work stoppages, all of which are beyond our control. Our total fees may also fluctuate depending on the contractor’s approach and scheduling of construction sequences, work force, and jurisdictional requirements and events, which occur during the project that cannot always be predicted in advance.
Overtime work can significantly impact our testing and inspection budget for the project. While we will be diligent in our attempts to keep overtime to a minimum, please be aware that contractor scheduling and performance are the primary causes for overtime work. Proficient contractor performance and scheduling minimizes additional testing and inspection time, consequently resulting in lower total fees. In the event conditions arise which are beyond our control, were unknown at the time this proposal was prepared, unanticipated based on the available information, or differ significantly from the assumptions shown below, we may need to revise our scope of work and estimated fees to complete the project.
Should this occur, we will contact you for authorization before exceeding the project budget.
ASSUMPTIONS
During our proposal preparation certain assumptions were required. Based on information available during our preparation of this proposal the following assumptions apply:
• It is anticipated that work will be conducted during standard construction hours (6AM – 4PM). • This proposal excludes the cost of any equipment ( i.e., scaffold, scissor lifts, telescopic booms, ladders, shoring, etc.) to gain access to any area requiring inspection or sampling of materials. 7 M2401278.001P/HAY25P180670 Page 6 of 7 April 11, 2025 © 2025 Kleinfelder www.kleinfelder.com
KLEINFELDER 2601 Barrington Court, Hayward, CA 94545 p | 925.484.1700 f | 510.887.5932 • There is no overtime, night, or weekend work anticipated during construction for our staff; • Continuous Field/Shop Welding is not anticipated as part of our estimate. • Special Inspection of Concre te and Masonry is assumed, per your direction, to be provided by others.
• Kleinfelder will not assume responsibility or the role of the Geotechnical Engineer of Record. All density test data will be provided on an information basis to your team and will need to be provided to the Geotechnical Engineer of Record. Any field recommendations will need to be provided by the Geotechnical Engineer of Record.
PREVAILING WAGE PROJECT
The California Prevailing Wage Law requires payment of a local “prevailing wage” to workers on publicly funded projects. This includes projects “paid for in whole or in part out of public funds” and has been expanded to include various types of payments, credits and monetary equivalents provided by the State or public entity. The Prevailing Wage Law extends to geot echnical engineering consultants, their soils/material testing and building inspection personnel. Services subject to prevailing wage are typically non-professional field services and are applicable during design as well as construction. This law significantly increases employee wages for qualified activities on publicly funded projects. It is our understanding that this project falls under the definition of a prevailing wage project.
DISPATCH COORDINATION
Kleinfelder’s central dispatch for the Bay Area Region may be reached at (925) 225 -4575 or [email protected] between the hours of 7:00 AM and 3:00 PM. Please provide 24 -hours’ notice for us to coordinate requested site visits. For weekend and/or night work, please provide as much notice as possible so that we may accommodate your project scheduling needs.
LIMITATIONS
Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions and at the date the services are provided. Klein felder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. Even with diligent monitoring, construction defects may occur. In all cases the contract or is solely responsible for the direction and quality of the work, adherence to plans and specifications, and repair of defects.
SAFETY
The safety of our employees is of paramount concern to Kleinfelder. You will be notified if the location of your project represents a potential safety concern to our employees. Unsafe conditions for fieldwork will require a modification of our estimated sc ope of work and associated fees. We will advise you of the additional costs necessary to mitigate these unanticipated conditions, if applicable. 8 M2401278.001P/HAY25P180670 Page 7 of 7 April 11, 2025 © 2025 Kleinfelder www.kleinfelder.com
KLEINFELDER 2601 Barrington Court, Hayward, CA 94545 p | 925.484.1700 f | 510.887.5932
AUTHORIZATION
Acceptance of this proposal will indicate that you have reviewed the scope of services and determined that more services than are being proposed at this time are not needed or wanted at this time.
Kleinfelder will consider proceeding under the City of Fairfield professional service agreement and we assume that the City will issue a work order for the proposed services. The proposal will remain in effect for 45 days from the date shown on the proposal and thereafter shall be null and void unless a contract has been signed for the work requested.
CLOSURE
We appreciate the opportunity to present our proposal for Special Inspection and Construction Materials Testing Services for this project. If you have questions regarding this proposal, our services and fees or if additional information is required, please contact Reyhaneh Rahbar-Rastegar at [email protected].
Sincerely,
KLEINFELDER, INC.
Reyhaneh Rahbar-Rastegar, PhD, PE Jeremy Mason, PE
Project Manager Vice President/ Senior Principal Engineer Attachments: Table 1 & 2 - Cost Summary
9 Revised 1/09/2025
EXHIBIT “B”
PAYMENT
1) For and in consideration of Consultant’s Services, the CITY agrees to pay CONSULTANT a stipulated sum, but in no event shall total compensation exceed One Hundred and Fifty Thousand, Three Hundred and Twenty-Nine Dollars ($150,329) which will not be exceeded without CITY authorization. 2) Additional services performed by the CONSULTANT for any work required by the CITY, which is not specified as part of Exhibit A, including but not limited to any changes to CONSULTANT’s Services, shall be compensated by the use of the time and material fee rates or as a negotiated stipulated sum of the attached Exhibit “B”. No extra work will be compensated for unless required by the CITY in writing. 3) Payment shall be made to CONSULTANT on a stipulated sum basis and CONSULTANT shall submit monthly invoices to the City of Fairfield, Public Works Department, Attention: pw- [email protected]. CONSULTANT shall notify the CITY in writing when the CONSULTANT’s total billing invoice is within 25% of the total authorized amount Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT and shall be billed on a time and materials basis or as a negotiated stipulated sum to the City of Fairfield, Pu blic Works Department, Attention:
Caroline Vedder.
10 Site Hours Quantity Rate Fee Subtotal
Visits Per Visit (Hrs./ Tests)
SOIL GRADING AND COMPACTION TESTING
Compaction Testing and Sampling
Prevailing Wage Group 3 6 8 48 $220.00 $10,560.00
Technician - sample pick up and delivery 1 4 4 $126.00 $504.00 Mileage 700 $0.700 $490.00
Laboratory Testing
Modified Proctor (ASTM D1557) 2 $304.00 $608.00
Sieve Anlysis (C&F ASTM D422) 2 $210.00 $420.00
Atterberg Limits (ASTM D4318-A) 2 $231.00 $462.00
ESTIMATED SUBTOTAL $13,044.00
PROJECT MANAGEMENT, REVIEWS, ADMINISTRATION, AND REPORTING Administration and Dispatching 5 $115.00 $575.00
Project Management 5 $236.00 $1,180.00
Senior Principal Engineer 1 $315.00 $315.00
Health and Safety Plan (Lump Sum) 1 $525.00 $525.00
ESTIMATED SUBTOTAL $2,595.00
TOTAL ESTIMATED FEE FOR TESTING AND INSPECTION SERVICES TABLE 1
COST SUMMARY FOR CONSTRUCTION TESTING AND INSPECTION SERVICES NORT
H TEXAS RECREATION FACILITY (VOLUME 1)
CITY OF FAIRFIELD
$15,639.00
EXHIBIT "B"
11 Site Hours Quantity Rate Fee Subtotal
Visits Per Visit (Hrs./ Tests)
CAST-IN-PLACE CONCRETE INSPECTION AND TESTING
Identify, Sample, and Test Reinforcing Steel
Prevailing Wage Sample/Tag Sample Delivery - identify and sample 5 8 40 $200.00 $8,000.00 Concrete Placement Inspections
Prevailing Wage Group 4 - cast cylinders, and perform field tests 5 8 40 $200.00 $8,000.00 Pick-up cylinders after 24 hour cure period
Technician 5 3 15 $126.00 $1,890.00
Mileage 1500 $0.700 $1,050.00
Laboratory Testing
Reinforcing Steel Tests (Tensile and Bend) 2 $200.00 $400.00 Concrete Compression Tests (5 Sets of 5) 25 $42.00 $1,050.00 ESTIMATED SUBTOTAL $20,390.00
POST INSTALLED EPOXY DOWELS AND ANCHORS INSPECTION
Inspection and Testing Services
Prevailing Wage Group 4 Special Inspector- Post-installed anchors 10 8 80 $200.00 $16,000.00 Mileage 1000 $0.700 $700.00
ESTIMATED SUBTOTAL $16,700.00
NON-SHRINK GROUT INSPECTION AND TESTING SERVICES
Inspection and Testing Services
Prevailing Wage Group 4 - Baseplates Grout Testing and Sampling 5 8 40 $200.00 $8,000.00 Pick-up samples
Technician 5 3 15 $126.00 $1,890.00
Mileage 1000 $0.700 $700.00
Laboratory Testing
Concrete Compression Tests (4 Sets of 5) 25 $42.00 $1,050.00 ESTIMATED SUBTOTAL $11,640.00
STRUCTURAL STEEL WELDING INSPECTION AND TESTING
Structural Steel Shop Fabrication
Non-Prevailig Wage Special Inspector - Shop Fabrication 15 8 120 $142.00 $17,040.00 Mileage 1500 $0.670 $1,005.00
Structural Steel Field Inspection
Prevailing Wage Group 2 Inspector - Field Erection 15 8 120 $247.00 $29,640.00 Prevailing Wage Group 1 Inspector - Field UT Testing 3 8 24 $263.00 $6,312.00 Mileage 1800 $0.700 $1,260.00
ESTIMATED SUBTOTAL $55,257.00
HIGH STRENGTH BOLTING INSPECTION
Inspection and Testing Services
Prevailing Wage Group 2 Inspector- HS bolts inspecion 5 8 40 $247.00 $9,880.00 Skidmore Wilhelm Tension Device 1 $79.00 $79.00
Mileage 500 $0.700 $350.00
Laboratory Testing
Bolt Assembly Suite (Bolt, Nut, Washer) 1 $300.00 $300.00 ESTIMATED SUBTOTAL $10,609.00
PROJECT MANAGEMENT, REVIEWS, ADMINISTRATION, AND REPORTING Administration and Dispatching 28 $115.00 $3,220.00
Project Management, Reviews 28 $236.00 $6,608.00
Senior Principal Engineer 2 $315.00 $630.00
Mileage 250 $0.700 $175.00
Final Letter 1 $2,100.00 $2,100.00
ESTIMATED SUBTOTAL $12,733.00
TOTAL ESTIMATED FEE FOR TESTING AND INSPECTION SERVICES 5% escalation
2025 $142,968.00
2026 $150,116.40
COST SUMMARY FOR CONSTRUCTION TESTING AND INSPECTION SERVICES NORTH TEXAS RECREATION FACILITY (VOLUME 2)
CITY OF FAIRFIELD
$127,329.00
TABLE 2
12 Revised 1/09/2025
EXHIBIT “C”
GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession.
3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in 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 to cease work on the project. CONSULTANT shall be entitled to no further compensation for work 13 Revised 1/09/2025
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. 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. 14 Revised 1/09/2025
The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.
As a way of responding to the provisions of the Davis -Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS . When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non -profit corporation or other form of organization.
b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number. 15 Revised 1/09/2025
EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form 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 liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
X
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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.
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