08-040, Kleinfelder consulting AGREEMENT FOR CONSTRUCTION TESTING AND SPECIAL
INSPECTION SERVICES BETWEEN THE CITY OF CUPERTINO
AND ~~2755
KLEINFELDER
THIS AGREEMENT is made and entered into this~~ay of 1^ ~ ~ , 2008
by and between the City of Cupertino, a municipal corporation, hereinafter referred to as
CITY, and Kleinfelder, hereinafter referred to as C~NSULTANT.
RECITALS, Project, and Construction Testing and Special Inspection consultant
services for the Mary Avenue Bicycle Footbridge Project; and
WHEREAS, Kleinfelder has the necessary prafessional expertise and skill to
perform Construction Testing and Special Inspection services required.
NOW, THEREFORE, the purpose of this Agreement is to retain Kleinfelder as
CONSULTANT TO THE CITY to perform those services specified in Exhibit A of this
Agreement.
THE PARTIES HEREBY AGREE AS FOLLQWS:
Section 1. Scape of Services.
CONSULTANT shall perform those services specified in detail in Exhibit A, entitled
"Scope of Work", which is attached hereto and incorporated herein.
Section 2. Term of Agreement.
The term of this AGREEMENT' shall be commence on Apri124, 2008, and continue
through Apri130, 2009 , inclusive, subject to the provisions of Exhibit A, of this
AGREEMENT. In the event that the services called for under this AGREEMENT are
not completed within the time specified above, the City Manager may extend the time for
completion. This section does not preclude the recovery of damages for delay by either
party.
Section 3. Schedule of Performance.
The services of CONSLTLTANT are to be completed according to the schedule set out in
Exhibit B, entitled "Schedule of Performance", which is attached hereto and incorporated
herein. CONSULTANT is not responsible for delays beyond CONSULTANT'S
reasonable con.trol.
Ci#y of Cupe~tino
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Section 4. Compensation.
The compensation to be paid to CONSULTANT for professional services and
reimbursab(e expanses shall not exceed $50,000.00 (Fifty Thousand Dollars). The rate
and schedule of payment is set out in Exhibit C, entitled "Compensation", which is
attached hereto and incorporated herein.
Section 5. Method of Pa~ment.
The CONSULTANT shall furnish to the CITY a detailed statement of the work
performed for compensation during the term of this Agreement. Consultant may submit
monthly invoices for interim progress payments during the course of each phase.
Section 6. Independent Contractor.
It is understood and agreed that CONSULTANT, in the performance of the work and
services agreed to be performed by CONSIJLTANT, shall act as and be an independent
contractor and not an agent or employee of CITY; and as an independent contractor,
CONSULTANT shall obtain no rights to retirement benefits or other benefits which
accrue to CTTY'S employees, and CONSULTANT hereby expressly waives any claim it
may hava to any such rights.
Section 7. No Third Part~ights•
CONSULTANT'S services under this agreement are intended for the sole benefit of
CITY and shall not create any third party rights or benefits.
Section 8. Project Coordination.
(a) CITY: The City Manager shall be representative of CTTY for all purposes under
this agreement. Ralph Qualls, Director of Public Works, is hereby designated as
the CITY PROJECT MANAGER for the City Manager, and sha11 supervise the
progress and execution of this agreement.
(b) CONSULTANT: CONSULTANT shall assign a single CONSLILTANT
PROJECT MANAGER to have overall responsibility for the progress and
City of Cupertino
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execution of this agreement for CONSULTANT. Tom Loomis is hereby
designated as the PROJECT MANAGER for CONSITLTANT. Should
circumstances ar conditions subsequent to the execution of this agreement
require a substitute CONSiJLTANT PROJECT MANAGER for any reason, the
CONSULTANT PROJECT MANAGER designee shall be subject to the prior
written acceptance and approval of the CITY PROJECT MANAGER.
Section 9. Assi~nability / Sub consultants / Employees.
The parties agree that the expertise and experience of CONSULTANT are material
considerations for this Agreement. CONSULTANT shall not assign or transfer any
interest in this Agreement or the performance of any obligations hereunder, without the
prior written consent of CITY, and any attempt by CONSLJLTANT to so assign this
Agreement or any right~, duties, or obligations arising hereunder shall be void and of no
effect.
CONSULTANT shall be responsible for employing or engaging all persons necessary to
perform the services of CONSULTANT hereunder. No sub consultant of
CONSULTANT will be recognized by CITY as such; rather, all sub consultants are
deemed to be contractors of CONSULTANT, and it agrees to be responsible for their
perforxnance. CONSULTANT shall give its collective professional attention to the
fulfillment of the provisions of this agreement by all of its employees and sub
consultants, if any, and shall keep the work under its control. If any employee or sub
consultant of CONSULTANT fails or refuses to carry out the provisions of this
agreement or appears to be incompetent or to act in a disorderly or improper manner,
such emplayee or sub consultant shall be discharged immediately from the work under
this agreement on demand of the PROJECT MANAGER.
Section 10. Indemnification.
GONSULTANT shall defend, indemnify, and hold harmless CITY, its offcers, agents
and employees of any and all claims, suits, demands, loss, or liability and expenses,
including reasonable attorney's fees, accruing or arising out of or resulting, in any way,
C+ty of Cupe~tino
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from the work perfbrmed under this Agreement to the extent due to #he negligent acts
(active or passive) or omissions by CONSULTANT'S officers, employees, or agents.
The acceptance of said services and duties by CITY should not operate as a waiver of
such right of indemnification. This provision of Section 9 shatl survive the term of the
AGREEMENT.
Section 1 l. Insurance Requirements.
CONSULTANT shall furnish to the CITY within 15 days following the execution of this
Agreement, the required certificates and endorsements to provide the City satisfactory
proof that Consultant has taken out for the entire period required by this Agreement, as
further described below, the following insurance and endorsements, in a form sarisfactory
to City and with an insurance carrier satisfactory to City, authorized to do business in
California and rated by A. M. Best & Company "A" or better, financial category size
FSC Class VII or better or that is otherwise acceptable to the City, which will protect
those described below from claims described below which arise or are alleged to have
arisen out of or result from the acts or omissions of Consultant for which Consultant may
be legally liable, whether performed by Consultant, or by those employed directly or
indirectly hy it, or by anyone for whose acts Consultant may be liable:
A. Workers' Compensation and Employer's Liability Insurance:
Workers' compensation insurance indicating compliance with State's workers'
compensation laws and employer's liability insurance with a minimum of one
million dollars ($1,000,000.00) per accident for injury, death or disease to any
employee. The poiicy shall contain an endorsement waiving all rights of
subrogation against the City, its officers, officials, employees or volunteers. In
the event Consultant is self-insured, it shall furnisb Certificate of Permission to
Self-Insure signed by DepartmenT of Industrial Relations Administration of Self-
Insurance, State of California.
B. Professional Liability, General Liability and Automobile Liability Coverage:
1. Automobile Liability Insurance shall include coverage for bodily injury
and property damage for owned (if any), hired and non-owned vehicles
City of Cupertino
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and shall not ba less than two million dollars ($2,000,000.00), combined
single limit for any one occurrence.
2. Comprehensive or Commercial General Liability Insurance shall include
coverage for bodily injury, property damage and personal injury for
premises operations, product/campleted operations and contractual
liability. The amount of the insurance shall not be less than one million
dollars ($1,000,000.40) per occurrence and two million dollars
($2,000,000.00) aggregate, combined single limit. {Claims made policies
are not acceptable.} Consultant shall also provide aggregate limits
endorsement and primary insurance endorsement.
3. Professional liability Insurance (including Contractual Liability) shall
include coverage for claims for professional acts, errors or omissions and
shall not be less than one million dollars {$1,000,000.00) per claim, and
two miilion dollars ($2,000,0OO.OQ) in the aggregate. This coverage shall
be maintained for a period of 5 years after completion of the agreement.
C. Additional Insurance Provisions
1. The CITY shall have the right to inspect or obtain a copy of the original
policies of insurance.
2. On Consultant's Commercial General Liability policy and Automobile
Liability Policy, City of Cupertino and their affiliates, directors, officers,
officials, partners, representatives, employees, consultants, sub consultants
and agents, shall be named as additional insured, but only with respect to
liability arising out of work or operations performed by or on behalf of the
Consul~tant including materials, parts or equipment furnished in connection
with such work or operations. General liability coverage can be provided in
the form of an endorsement to the ConsultanYs insurance (at least as broad as
ISO Form CG 20 37 07 04 or CG 20 10 11 85), as a separate Owner's and
Contractor's Protective Liability Policy, or on the Entity's own form.
City of Cupertino
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3. The general, auto, and professional Iiability policies shall be endorsad to
provide primary insurance coverage for all claims related to the services
provided under this contract.
4. The certificate of insurance shall state the policy will not be cancelled without
thirty (30) days written notice to the CITY.
5. All policies, endorsements, certificates, and/or binders shall be subject to
approval by the City Manager of the City of Cupertino as to form and content.
These requirements are subject to amendment or waiver if so approved in
writing by the City Manager.
6. If Consultant fails to maintain any required insurance, City may take out such
insurance, and deduct and retain amount of premium from any sums due
Consultant under this Agreement.
Section 12. Nondiscrimination.
CONSULTANT shall not discriminate, in any way, against any person on the basis of
race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin in
connection with or related to the performance of this Agreement.
Section 13. Termination.
A. CITY or CONSULTANT shall have the right to terminate this Agreement without
cause, by giving not less than thirty (30) days written notice of termination.
B. If CONSULTANT fails to perform any of its material obligations under this
Agreement, in addition to all other remedies provided by law, GITY may
terminate this Agreement upon thirty (30) days written notice if consultant fails to
take steps to correct such failure within the notice period.
C. CITY'S City Manager is empowered to terminate this Agreement on behalf of
CITY.
City of Cupertino
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D. I~i the event of termination, CONSULTANT shall deliver to CITY, copies of all
reports, documents, and other work performed by CONSULTANT under this
Agreement, and upon receipt thereof, CITY shall pay CONSULTANT for
services performed and reimbursable expenses incurred to the date of termination.
Section 14. Governing Law•
CITY and CONSULTAN'I' agree that the law governing this Agreement shall be that of
the State of California.
Section 15. Compliance With La.ws.
Consistent with its professional standard of care, CONSITLTANT shall comply with all
applicable laws, ordinances, codes and regulations of the federal, state, and local
governments.
Section 16. Confidential Information.
All data, documents, discussions, or other information developed or received b~ or for
CONSULTANT in performance of this Agreement are confidential and not to be
disclosed to any person except as authorized by the CITY, or as required by law.
Section 17. Ownershi~ of Materials.
All reports, documents, or other material developed or discovered by CONSULTANT or
any other person engaged directly or indirectly by CONSULTANT to perform the
services required hereunder shall be and remain the property of CITY to be used solely
for this PROJECT. Hard copies of consultants work product shall constitute the project
deliverables. Electronic documents, if any, shall be provided as a courtesy only without
any warranty or guarantee. The CITY holds CONSULTANT harmless for any reuse of
or modification to the documents.
Section 18. Waiver.
CONSULTANT agrees that waiver by CITY of any breach or violation of any term or
condition of this Agreement shall not be deemed to be a waiver of any other term or
City of Cupertino
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condition contained herein or a waiver of any subsequent breach or violation of the same
or any other term or condition. The acceptance by CITY of the performance of any work
or services by CONSULTANT shall not be deemed to be a waiver of any term or
condition of this Agreement.
Section 19. Consultant's Books and Records.
A. CONSULTANT shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or docum:ents evidencing or relating
to charges for services, or expenditures and disbursements charged to CITY for a
minimum period of three (3) years, or for any longer period required by law, from
the date of final payment to CONSULTANT pursuant to this Agreement.
B. CONSULTANT shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for
any long~r period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be
provided to CITY for inspection at City Hall when it is practical to do so.
Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at CONSULTANT'S address indicted for receipt of notice in this
Agreement.
D. Where CITY has reason to believe that such records or dacuments may be lost or
discarded due to dissolution, disbandment, or termination of CONSULTANT'S
business, CITY may, by written request by any of the above-named officers,
require that custody of the records be given to CITY and that the records and
docurnents be maintained in City Hall. Access to such records and documents
shall be granted to any party authorized by CONSITLTANT, CONSULTANT'S
representatives, or CONSLTLTANT'S successor-in-interest.
City of Cupertino
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E. Due to state funding on this project, the City and Consultant and all sub
consultants shall comply with the Uniform Administrative Requirements for State
and Local Governments set forth in the Code of Federal Regulations (CF`R), Title
49, Part 18. In addition, the City and Consultant agree to comply with the cost
principles and procedures set forth in Office of Management and Budget Circular
A-87. The City and Consultant agree that a reference to either Office of
Management and Budget (OMB} Circular A-87 of the code of Federal
Regulations, Title 49, Chapter 1, Part 31, whichever is applicable, and the Code of
Federal Regulations, Title 49, Part 18, will be included in any subcontracts
entered into as a result of this agreement.
Section 20. Interest of Consultant.
CONSULTANT covenants that it presently has no interest, and shall not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any manner or
degree with the performance of the services hereunder. CONSULTANT further
covenants that, in the performance of th'is agreement, no sub consultant or person having
such an interest shall be employed. CONSULTANT certifies that no one who has or will
have any financial interest under this agreement is an officer or employee of CITY. It is
expressly agreed that, in the performance of the services hereunder, CONSULTANT
shall at all times be deemed an independent CONSULTANT and not an agent or
employee of CITY.
Section 2 i . Gifts.
A. CONSULTANT is familiar with CITY'S prohibitian against the acceptance of
any gifl by a CITY officer or designated employee, which prohibition is found in
the City of Cupertino Administrative Procedures.
B. CONSULTANT agrees not to offer any CITY officer or designated employee any
gift prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach of this
Agreement hy CONSULTAN'T. In addition to any other remedies, CITY may
City of Cupertino
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have in law or equity, CITY may terminate this Agreement for such breach as
provided in Section 13 of this Agreement.
Section 22. Notices.
All notices and other communications required or permitted to be given under this
Agreement shall be in writing and shall be personally served or mailed, postage prepaid
and return receipt requested, addressed to the respective parties as follows:
To CITY: Terry W. Greene .
City Architect
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
408 777 3248 ~
408 777 3333 Fax
To CONSULTANT: Farid Alunad
Kleinfelder
2011 North Capitol Avenue
San 3ose, CA 95132-1009
408 586 7611
408 586 7688 Fax
Notice shall be deemed effective on the data personally delivered or, if mailed, three (3)
days after deposit in the mail.
Section 23. Venue.
In the event that suit shall be brought by either party hereunder, the parties agree that
venue shall be exclusively vested in the state courts of the County of Santa Clara, or
where otherwise appropriate, exclusively in the United States District Court for the
Northern District of California, San Jose, California.
City of Cupertino
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Section 24. A~reement Binding/Prior A~reements and Amendments.
The terms, covenants, and conditions of this agreement shail apply to, and shall bind, the
heirs, successors, executors, administrators, assigns, and sub consultants of both parties.
This AGREEMENT, including all Exhibits attached hereto, represents the entire
understanding of the parties as to those matters conta.ined herein. No prior oral or written
understanding shall be of any farce or effect with respect to those matters covered
hereunder.
This AGREEMENT may only be modified by a written amendment duly executed by the
parties to this Agreement.
Section 25. Casts and Attorneys Fees.
The prevailing party in any action brought to enforce the terms of this agreement or
arising out of this agreement may recover its reasonable costs and attorneys' fees
expended in connection with such an action from the other party.
Section 26. Electronic Transmission of Information.
From time to time, the CONSULTANT may transmit design or other information to the
CITY, CITY'S Representative, or Contractor via electronic transmission. The CITY,
CTTY'S Representative, or CONTRACTOR shall not be entitled to and hereby agrees not
to alter or modify any such informatian without the express written consent of the
CONSLJLTANT. Similarly, the CITY, CITY'S Representative, and Contractor shall not
use any information for any purpose not expressly covered by this Agreement. The
CONSULTANT shall not be responsible for any destruction or corruption of such
information during or after transmission to CITY, CITY'S Representative, and
Contractor and shall be entitled to appropriate additional compensation in the event
retransmission or recreation is reyuired.
Notwithstanding the foregoing, the Contractor may use electronically transmitted
infarmation to prepare submittals, as-built drawings and record drawings.
City of Cupertino
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CONSULTANT shall not be responsible for any changes made by the CONTRACTOR
or for the CONTRACTOR'S work product.
Section 27. Job Site Safetv.
In no event shall CONSULTANT be responsible for job site safety issues. Such issues
shall be the responsibility of the Construction Contractors, who shall be required by
CITY to defend, indemnify, and hold harmless CONSULTANT and CITY for such
issues.
Section 28. Dispute Resolution.
Any dispute related to the services hereunder shall be resolved by the parties pursuant to
applicable iaw.
Section 29. Caltrans Post Award Audit.
The attached Exhibit D, entitled "Cost Proposal" is subject to a post award audit. After
any post award audit recommendations are received, the cost proposal shall be adjusted
by the Consultant and approved by the Ciry to conform to the audit recommendations.
The Consultant agrees that individual items of cost identified in the audit report may be
incorporated into the Agreement at the City's sole discretion. Refusal by the Consultant
to incorporate the interim audit or post award recommendations will be considered a
~ breach of the Agreement terms and cause for termination of the Agreement.
City of Cupertino
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BASIC AGREEMENT ~a ~
WIT'NESS THE EXECUTION HEREOF on the CITY OF CUP'ERTINO
day and year first herain above written. a mu ' ipal o oration
APPROVED TO FO : ~ J ~j ~ ~ date ~i?~. ZZ ~ ~
j ~ Ralph Qualls, Director of P ic Works
, ' Attorney
Attest: ~ -d~
Kimberly Smith, ' lerk
1 Q300 Torre Avenue
Cupertino, CA 95014
4d8 777 3223
NOTARY PUBLIC CERTIFICA'TION CONSULTANT
State of Califomia KLEINFELDER '
County af ~~,~~~'~C~'~ 2011 North Capitol Avenue
On ~/_m /}r ~~~before me, San Jose, CA 95132-1009
Phone: 408 586 7611
~
Nota Public, personally appeared By'
~r t-~ h r~~ ~l1 Signature
Date: - / - o , 2007
known to me (or proved to me on the basis of /
satisfactory evidence) to be the person (s) whose Name: ~ir'/5 ~ih~SVY~
name (s) is / are subscribed to the within Title: ~P.q'T oY~-~ !~v`a^-ac]~ G-~ ~~7
~
instrument and acknowledged to me that he / she
Tax I.D. No. (
/ they executed the same in his / her / their
capacity (ies), and that by his / her / their
signature (s) on the instrument the person (s) or Project No.: 2005-9449
the entity upon behalf of which the person (s} File No.: 74,009.16
acted, executed the instrument. Contract Amount: $50,000.00
Account No.: 428-9449-93U0
WITNES hand and official ~al.
_,~G~`
, Signature of Notary Public
~ .
~ P.O. No. : D ~
YVONNE BARNARD
_
N .
y COMM. NO. 1670358
pC NOTARY PUBLIC • CALIFORNIA y
= ALAMEDA COUNTY ,~jI~~:1-~'
My Comm. Expires May 26, 2010 N L /
(
City of Cupertino
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EXHIBIT "A"
SCOPE OF WORK
MARY AVENUE BICYCLE FOOTBRIDGE PROJECT
CITY OF CUPERTINO, CALIFORNIA
This is an exhihit attached to, and made a part of, the Agreement between the City of
Cupertino City") and Kleinfelder ("Consultant") for the provision of professional Construction
Testing and Special Inspection services ("Services"}.
The duties and services for Consultant on the Mary Avenue Bicycle Footbridge Project, include,
but are not limited to, the activities listed below. ConsultanYs services shall not include
responsibility for Contractor's nor utility companies' means, methods, operations or resuits of
the construction worlc.
A. Construction Phase
Consultant shall perform industry standard construction testing and special inspection services in
conformance with both Caltrans and City requirements.
Consultant shall provide report of the testing and special inspections as required by Caltrans and
the City.
END OF EXHIBIT "A"
Cily of Cupercino
Kleinfelder Exhibit A 1 of 1'
Qasic Agreement
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
MARY AVENUE BICYCLE FQO'FBRIDGE PROJECT
CITY OF CUPERTINO, CALIFORNIA
This is an exhibit attached to, and made a part of, the Professional Services Agreement
between the City of Cupertino ("City") and Swinerton Kleinfelder ("ConsultanN') for the
provision of professional Construction Testing and Special Inspection services ("Services").
Approximate Bride Constraction Schedule
1. Construction Phase: April 7, 2008 through Apri130, 2009
END OF EXHIBIT "B"
City of Cupertino
Kleinfelder Exhibit B-1 of 1
Basic A~-eement
EXHIBIT "C"
COMPENSATION
MARY AVENUE BICYCLE FOOTBRIDGE PROJECT
CITY OF CUPERTINO, CALIFORNIA
This is an exhibit attached to, and made a part of, the Professional Services Agreement between
the City of C~pertino ("City") and Kleinfelder (`~Consultant") far the provision of professional
Construction Testing and Special Inspection services ("Services").
BASIC SERVICES
City will pay Consultant for Services, on a Time and Materials Basis Not to Exceed FIFTY
THOUSAND DOLLARS ($SO,OOO.Op}, which sum includes casts for industry standard
reimbursable expenses.
ADDITI~NAL SERVICES
There are no Additional Services Funds iden~ified as a part of this Agreement. Consultant will not
he compensated for services performed outside the Scope of Work identified in Exhibit A.
INVOICES
All payments shall reauire a written invoice from Consultant in a form acceptabie to City. City
shall make payment on approved amounts within each invoice within 30 days of receipt.
BILLING RATES: See attached Proposal
END OF EXHIBIT "C"
City of Cupertino
Kleinfelder
Basic Agreement
Exhibit G1 of 1
KLElNFELDEfd
EXPECT MORE~'
January 10, 2008
File No.: 01201 PROP
Mr. Rafey Khan
Swinerton Management & Consulting
4455 Nelson Avenue
Concord, California 94520
SUBJECT: Proposal to Provide Materials Testing and Speciai Inspection
Services for the Proposed Mary Avenue 8icycle Foot Bridge,
Cupertino, California
Dear Mr. Khan:
Kieinfeider is pleased to submif this proposal to pravide materials testing/observatian
and special inspection services for the proposed Bridge lacated in Cupertino, Caiifornia.
Kleinfelder is committed to providing quality service 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, Kleinfe{der will consider appropriate
modifications, subject to the standards of care to which we adhere as professionals.
Mod~fications such as changes in scope, methodology, scheduling and contract terms
may result in changes to the risks asscrmed by the client, as well as adjustments to our
fees.
PURPOSE AND SCOPE OF SERViCES
The purpose of our material #esting services (specia{ inspection) is to monitor whether
the observed work by the contractors is in compliance with the project plans and
specifications, Calkrans Standard Specification, and City of Cupertino requiremen#s.
Also, our scope wiil include soi) compaction testing during backfilling. lt is understood
that Kieinfelder is nat the geotechnical engineer of record far the above referenced
project.
Concrete (Caltrans Section 90)
• Sampling coarse and fine aggregate from the batch plant prior to placement for
labora#ory testing qualification,
• Observation of placement of conc~ete
• Sampling of concrete during p~acement and preparation of compression test
specimens
012o1PROP (SJ07P009) n6 Page 1 of 4 January 10, 2008
Copyright 2008 Kleinfelder
KLCINSFI_3~)ER 2t111 Nor1h ('apitol Avenue, S~n J~se, CA 9513? 1009 (40R) 586-7h11 (4081 556-7GII8 (ax
• Sampling of concrete during placement and preparation of compression test
specimens
• Monitoring of mix #ime and testing of concrete for temperature, and consistency
• Transpar~ation, curing and compression testing of concre#e test cylinders
Structural Steel
• Observation of shop weiding
• Review of welder certificates & welding procedures
• Obtaining and checking steef mil! certificates as per project specifications
• Observation of #he structural steel in the job site
• Ultrasonic and Magnetic Particle testing of the welds
• High strength bolt testing and installation inspection
Soils
• Compaction testing of the backfilf
• Laboratory moisture-density test
Piles
• Gamma testing and cross sanic logging
Fees
We propose to per#orm the above scope of services on a time and materials portal-to-
portal basis pec aur 20~6 Fa(I Bay Area Fee Schedule (attached). Based on our
relafionship with Swinerfon Management 8 Consulting, we have discounfed our
rates for fechnicians.
Technician and Equipment Services:
Special Inspector concrete and structural steel (prevailing wage rate) $85.00/hr.
Concrete compression $25.00/each
Coarse and fine aggregate sieve analysis (CAL -202) $135.QO/sample
Sand Equivalent (CAL-217) $105.OOIsample
Durabifity lndex, Coarse and Fine (CAL-229} $275.00/sample
Administrative $75.OO/hour
Praject management/ Senior engineer $50.00/hour
Vehic{e
$ fl.75/mile
Piles #esting:
Mobilization {assuming 2 trips) $525.OO/day
Cross sonic logs (3 per pile x 8=24) $157.50/log
Data report {assuming 2 reports based on 2 trips) $525.00/repo~t
01201PROP (SJ07P009) nb Page 2 of a Janua 14, 2008
Copyright 2008 Kleinfelder ry
KLFINFEIDFR 2011 North Capitol Avenue, San Jc~se, CA 95132-1009 (408i 5li6Jb11 (408) 586-76t38 fax
Basis for Technician Labor Charges
Other Charges
Work from 0 to 8 hours 2-hour increments
Work over 8 hours 1.5 times houriy rate
Work over 12 hours 2.0 times hou~ly rate
Swing Shift and Graveyard Shift 1.5 times hourly rate
Saturdays 1.5 times hourly rate
Sundays/Holidays 2 times hourly rate
Kleinfelder will maintain communication with Swinerton Management team during the
course of work to update work progress and budget status on a regular basis. In the
event that activities beyond our control dsvelop during the course o# the project, such
as time and tests not contemplated in this proposal (or required for retesting faiied
items), we will communicate these conditions with Swinerton Managemen# team.
PREVAlLING WAGE PROPOSALS
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 pubiic 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 ex#ends to geotechnicaE engineering consultants, their soi(s/material #esting
and buifding inspection personnel. Services subject fo prevailing wage are typically
non-professional field services and are applicable during design as wefl as construction.
This law significantly increases empl~yee wages for qualified activities on publicly
funded projects. lt is our understanding that this project falls under the definition of a
prevailing wage projec#. Therefore, we have increased our hourly rates for field services
that we believe are subject to prevailing wage. If this project is not cansidered a
prevailing wage project, pleas~ contact us for a revision to the cost esfimate. We also
need to be notified if certified payroll is required. If you informed us that the project is
not subject to prevaifing wage and later it is determined to be a prevailing wage project,
you agree to reimburse Kleinfelder, Inc. the fee difference for any and afl prevaifing
wage services and associated penalty.
AUTHORIZATION
We understand that you wilf send over to us a purchase order authorizing us to perform
the services outlined here in. If you have any questions regarding this proposal piease
contact us at the telephone number provided below.
LIMITATIONS
As our client, please recognize that construction monitoring is a technique employed to
reduce the risk af problems arising during construction. Provision of construction by an
engineer is not insurance, nor does it constifute a warranty or guarantee of any type.
Even with diligent constn.iction monitoring, some construction defects may be missed.
ln al1 cases, the contractor shall retain responsibility for the quality of the work and for
01201PROP (SJ07P009) nb Page 3 of 4 January 10, 2008
Copyright 2008 Kleinfetder
KLFINFELDER ~011 Vorlfi Capitol Avei3ue, San ~ose, CA 95132-7009 (~F081 586-7G11 f408} 586-7688 fax
adhering to plans and specifications and for repairing defects regardless of when they
are found. We do not undertake the guarantee of construction nor production of a
completed project canforming to the project plans and specifications.
CLOSURE
We thank you for the opportunity fo present this proposal for consideration and look
forward to the opportunity to work with Swinerton Management & Consulting. If you
have any questions regarding our proposed scope af work or the associated fees,
please do not hesitate to contact ~arid Ahmad at (408) 586-7611.
Sincerely,
KLEINFELDER WEST, INC.
~
Fard Ah ad, Ef Catheri e EIlis, GE, CE
Materials Group Manager Geosciences Graup Manager
Enclosure: 2006 Fall Bay Area Fee Schedule
General Conditions
Client agrees to #he Scope of Work described in this Proposal and Cost Estimate and
the General Conditions attached and incorporated herein.
By:
Client Name
Title:
Date:
Please sign and make a capy for your fiies, then return the entire propasal in the
envelope provided.
01201PROP (SJ07P009) nb Page 4 of 4 January 10, 2008
Copyright 2008 Kieinfelder
KLElNFELDCR 2011 North Capitol Avenue, San ~ose, CA 95132-1009 (408) ~86-7611 (408) 785-7688 fax
~ ~ ~ ~i a~ ~ ~ ~ 11• ~
. ~ ~ ~ ~ ~ ~ ~
~ ~ i ~ ~
PROFESSIONAL STA~F RATES"`
Non-Prevailing Prevailing
Wage Wage
Professional $ 133 / hour $ 138 J hour
Staff Professionai I $ 151 / hour $ 154 / hour
Sta(f Professional !I $ 164 J hour $ f 64 / hour
Project Professional $ 175 / hour $ 175 / hour
Assistant Project Manager $ 160/ hour $ 160 / hour
Project Manager l $ 183 / haur $ 183 / hour
Project Manager il $ 188 / hour $ 188 ! hour
Project Manager III $ 224 ! hour $ 224 / hour
Senior Professionai $ 200 I hour $ 200 / hour
Senior Project Manager $ 218 / hour $ 218/ hour
Principal Professional $ 224 ! hour $ 224 / hour
Senior Principal $ 274 / hour $ 274 / hour
Pro~ram Manager I/ Client Manager $ 224 ! hour $ 224 / hour
Senior Program Manager $ 249 / hour $ 249 ! hour
V.P., Project Manager $ 258 / hour $ 258 ! hour
ADMINISTRATtVE/TECHNlCAL STAFF RATES
Non-Prevailing Prevailing
Wage Wage
Administrafsve/Word Processor $ 90 / hour $ 90/ hour
Construction Inspecfor 1 $ 110 / hour $ 110 / hour
Construction Inspector 11 $ 122 / hour 122 / hour
Construction Inspector III $ 133 / hour $ 138 / hour
Project Administrative $ 110 / hour $ 110 / hour
Technician t......----~ $ 9i / hour $ 102 / hour
7echnician 11 $ 100 J hour $ 1041 hour
Technician 111 $ 110 / hour $ i 11 / hour
Technician lV $ 120 / hour $ 120 / hour
Senior Technician $ 122 / hour $ i 221 hour
Supervisory 7echnician $ 151 / hour $ 154 ! hour
Draftsperson $ 103 / hour $ 103 / hour
CADD Ope~ator $ 122 ! hour $ 122 / hour
Designer $ 134 / hour $ 134 / hour
Minimum Charges FQr Offiice Time Per Day One Hour a#
Applicable Rate
Incremental Gharges For Testing and inspectiori .......................................................Four Hour
Increments
ExperE Wi#ness Two Tirnes
Normal ftate
Plus Expenses
hAppfies to all professional rates including but not limited to civil, mechanical, chemical, electrical, geotechnical
and environmental engineers; industrial hygisnists; geologists; hydrogeologists; hydrologists; and computer
specialist
Fall 2006 Klsinfelder Bay Area Fee Schedule Non-Prevailing Wage - 68A
Preva+ling Wage - PWBB
BASIS OF CHARGES
Listed herein are typical prices for services most frequenily performed by Kleinfelder. Prices for other
services provided by the firm or other services not listed will be given upon request, as well as
special quotations for programs fnvoNing volume work.
2. The cfient agrees to limit the consultanYs liability to the clisnt and to all contractors and
subcontractors on the project due to professional negligent acts, errors or omissions of the
consultant to the sum af $25,000 or the consultanYs fee, whichever is greater. The consultanYs
liability {as previously described) on Materiats Testing projects wiEl be limited to the greater of
$2,500 or the amount of the consultanYs fee.
3. Invoices wil! be issued on a periodic basis, or upon completion of a projeci, whichever is sooner_
The net cash amount of this invoice is payable ori presentation of the invoice. If nat paid within 30
days after the date of the invoice, the unpaid balance shall be subject to a FINANCE CHARGE of
1.5% per month, which is an ANNUAL PERCENTAGE RATE of 18%.
4. A two-hour minimum charge wiil be made for all field services. A four-hour mirtimum charge wlll
be made for any field services in excess of two hours. A six-hour minimum charge wil! be made
for field services in excess ~f four hours per day. An eight-hour minimum charge will be made for
field services in excess of six hours per day. A one-hour minimum charge per day will be made
for any office services.
5. Time worked in excess of 8 hours per day and weekend\holiday work will be charged at 1.5 times
the hourly rate. Time worked in excess of 12 hours per day ++v~fl be charged at 2 times the hourly
rate.
6. Per diem will be charged at a rate of $115 per day per person or expenses plus 20%, whichever is
greater. Per diem will be charged for all projects in excess of 50 miles from tha nearest
Kleinfelder office.
7. Outside services will include a 20% markup unless otherwise noted.
8. In the event of a significant increase in fue! costs during a g+ven year, a fuel surcharge of 0 to 3%
may be added to all invoices.
9. Unless otherwise stated in the proposal, proposed fee includes standard invoicing with time detail
summary. Invaicing backup {timesheets, daily field reports, or work summaries) wil! be included
only if requested and witl be at addnional cost.
10. Certified payroil for prevailing wage projects will be provided only if reguested and an additional
hour of administrative time will be charged for each pay period.
17. We are protected by Worker's Compensation Insurance (and/or Employer's Liability Insurance),
and by Public Liability Insurance for bodily injury and property damage, and will furnish certificates
thereof upon request. We assume the risk of damage to our own supplies and equipment. 1f
your contract or purchase order places greater responsbilities upon us or requires further
insurance coverage, we, specifically dlrected by you, will take out add+tional insurance (if
procurable) to protect us at your expense, but we shail not be responsible for property damage
from any cause, including fire and explosion, heyond the amounts of coverage of our insurance.
12. Atl non-environmental and uncontaminated samples may 6e cfisposed of at Kleinfelder's
discration 30 days after submission of final report, unless pr3or arrangements are made. All
environmental samples may be returned to clients at Kieinfefder's discretion 30 days after
submission of final report, unless prior arrangements are made.
13. Proper disposal or handling of soil boring cuttings, well development and purge waters,
decontamination solutions, and other contaminated/potentially contaminated materials is the
responsibility of the client. Kleinfelder can provide containers for onsiie containment and can
advise the client regarding proper handling procedures.
(Revised 12/0&)
KLEINfELOER, iNC. GENERAL CONDITIONS {MATER1AlS TES7ING SERVECES)
1. 5ervices. This Agreement is entered into beiween Gfent and beinfelder, Inc. (`ConsuHanY} wherein Client engages Consultans to provide professbnal services (`Sennces") in
connecGon with the project described in the proposal ('ProjecP) to which these General Conddions are attached. Client agrees lhat services not speci(icaliy descnbed in ihe Scope o(
Services idenfi6ed in Consuttani's proposal are not included in the Scope oi Services descnbed by Consuitant This Agreement, InGuding the proposal, these Generai Canditb^s,
ConsuRanYs Addenda and Fee Schedule, represenfs the entlre Agreement behveen ihe parties and supercedes any and afl agreements between the parties, either oral or in writing,
including any purchase orwork order issued by Cifent.
2 Pavment, Ct'~ent shaN pay invoices upon receipi. lnvoices not paid within thirty (30) days of the invoice date shall be subject to a late payment fee of 1 Y: °/a per month frnm the dale
of invoice. Additionalty, Consultant may, upen flve {5) calendar days' notice fo Client, suspend all Services untii paid in full and may terminate the AgreemeM.
3. Prevaltl~u Waqes. It is ClienCs legal responsibility to deiarmine whether the Project is covered under prevailing wage regulations. Unless Clkni speciff;ally iniorms Consuftant in
writing that+lie Project is a prevailing wage proJect and is identlfied as such in Consultant's Scope oE Ser~ces, Client agrees to reimburse Consultant and to defend, indemnify and hold
harmless Consultant from and against any liability, induding costs, fines and ariorneys' (ees, resulting from a sutrsequent detertninaUon that the Proje~l was covered under prevailing
wage regulations.
4. Work Product. 5eroices provided under this Agreement, including all reports, iniormalion, recommendatfons, oc opinions ('Reports") prepared or issued by Consuttani, are for lhe
excluslve use and benefit of Client w its agenis in connection with the Projed, are not intended to iniorm, guide or otherwise influence any other entities or persons with respect lo any
particular business transactions, and shoald not be relled upon by any enti6es or persons other than Ciieni or its agents for any purpose other than the Project. Client will not disVlbute
or wnvey such Reports to any other persons or entities withoui ConsultanYs prior writlen consent which shall indude a release ot Coasuitant from 1'~abifity and indemnificatbn by the
lhird party. Consu0.anYs Repo~ts, boring logs, maps, field data, drawings, lesl results and other work produGs are part of ConsultanPs professional services, do nol constituie goods or
products and are copyrighted waics of Consulhant. However, such rApyfght is not intended to IimR ihe CIie~Cs use of its work product In connectlon with the Project.
5. Standard of Care. Consultant will s#rive to perform Ihe Services in a manner consistent with that level of care and skill ordinarily exercised by membars of the ConsultanYs
protession practicing in Ihe same bcality under similar circumstances at the Ume the services are performed. This Agreement creates no other representa6on, warranty or guarantee,
express or impEied.
6. Limitation o( Liabititv. Consu{tanCs potenfial liability to Client and others is grossly disproportionate to ConsultanYs fee due to ihe size, scope, and value o( the Projact. Therefore.
unless Client and Consuftant otherwise ag~ea in writing in consideration for an increase in Consulianfs fee, Client, including its direclors, oNicers, partne~s, employees, agents,
contractors and their respective assgns, agree to limll Consuftanfs liabiliiy {whether arising from contract, statutory violation or to~t) lo the greater of $2,500 or ihe amount of
ConsultanYs fee. This limitation of liability shall apply to all pl~ases of Services performed in connec6on with this ProJecf, whether subsequent to or prior to the execution of this
Agreement. 1n no event shall Consulfant be liable for consequential, incidental or spedal damages.
7. Construc6on Observafion. 1f included in the 5ervlas, ConsultanYs services durirg construcbon, shall be limlted to observation and tesfing of consUuction operaUons. Consultant
shali not be responsibie for constant or exhaustive inspectio~ of the work, ihe means and memods of construction or the safety procedares employed by Crrenfs contraotor.
Performance of construdion observation services does not constitute a warranty or guarantee o( any type, since even with diligent observation, some construction detects, def~iencies
or omissions in the Contractors work may occur. Clienl shaN hokl its contractor solely responsibfe for the quality and completion of the Project, induding construdion in accordance wifh
the construction documents. Any duty hereunder is !or the sole benefit of the Client and not for any third pariy, induding the contractor or any sub~ntractor. Client, or its designees,
shall noMy Consultant at least twenty-(our (24) hours in advance ot any field tesLs and observations required by tt~e construction documents.
8. Certifications. Cansultant shall sign certificafions only if {a) Consultant approves lhe torm oi such certification prior to fhe sommsncement o( Services, (b} such certification is
induded in ConsultanYs Services, (c) the ceRification is limited to a statemant of professional opinion and does not consUtu[e a warranty or guarantee, express or impl'~ed. Any
certification shall not retieve any entify of its obllgations.
9. Samaies• All samples shali remain the property of the ClienL Client shall promptly, at its cost, remove and lawtully dispose ot samples, cuttings and hazardous materials. It
approptiafe, Consultant shatl preserve samples obtalned no longer than saty (60J days after ihe issuance oi any document ihat includes the data obtained (rom ihose samples. After
lhat date, Consuftant may dispose of ihe samples or return them ta Ciient at ClienYs cosl.
10. Client Responsibilities. Client shall bear sole responsibility (or (a) Jobsite safety; (b) ~oUfying third parUes including any govemmental agency or prospective purchaser, ot the
existence oi any hazardous or dangerous materials bcated in or around 1he Project site; and (cf providing and updating Consultant with atxuraie information regarding existing
conditions, inciuding the ex6stence o( hazardous or dange~ous materials, proposed Project site uses, fhe correct location of ProJed property boundaries, any change in Projecf plans.
and aN subsurface installations, such as pipes, tanks, cables and utilifies within the Project site. Ciient shall cooperate with ail requests by Cor~suffsnt, induding obtalning permission ior
access to the Projed site. Clieot reteases ConsulYani from fiabiliiy tor any incorrect advice, judgment or decision based on inaccuraie information furnished by Client or others. If
reasonable precaufrons will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a malerial or substance, including hazarcfous materials, encounier2d on
the site, Consultant shall immediately stop work in lhe affecled area and reporf th2 condilion to Client.
11. Etectronic Media. Because data slored on electronic media pn deteriorate undetected a be modi(led wifhout ConsvltanPs lmowledge, ths Client aCCepfs responsibility for the
completeness or ~eadability of the electronic media afler an acceptance perlod of 30 days from delivery ofi fhe electron~ files.
12. Indemniflcatlon. To the fullest extent permitted by law, Client, including its directors, otf~ers, paMers, employees, agents, conUaclors and their respective xssgns, agrees to
indemnify, de(end, and hold harmless ConsuAant, its directors, officers, employees and subconVactors from and against all cfaims, liability, damages, or expenses ("Cfaims°) arising out
of, in connedion with or relaiing to any alleged act, failure to act, or other conduct of Consultant, induding but not limited 10, Ciaims alieging the negl(gence or other fautt ot Consultant,
but spedficaily e~ccepting Claims arising out o( Consuttant's sole negligence or wlllfuf miscondud. Ciient shall indemni(y Consultant even rf Clieni is paNally or wholly wlthout tauK for
such Claims.
13. Disaute Resolution. The parlles shatl attempt resolution of any dispute arising under or related to this Agreement by medation. Notwithstanding the foregoing, in lhe event of
Client non•paymeni, Consultant may, at iLs sole option, waive mediation. Either party may demand mediatlon by serving a wriflen notice on ihe otner party staling the essental nature of
the dispute. The mediatlon shall be conducted in acxordance with ihe AAA Construction induslry Med+ation Rules then in effect within foriy-fwe {45} days Gom the service of notice. 7he
parties shail share ihe (ees equaly. If inedia[wn fails, efther pariy may InstiUite litigation in the state or federal cou~t of lhe county in which ConsulfanYs office issuing the proposal is
located. The prevailing party shall be endtfed to atlorneys' fees, cost, including costs incurred in the mediation and cosis of enforcement of any judgment The parties expressly waive
any statute of limitations for a longer period of time and agree ihat any aC6on sha~ be brought within one year from Ihe date of Co~ultanf s final invoice. The parties expressly waive any
and ail r'ghts to a trial by ]ury in any acfion, proceeding or counterclaim brought by either of the parties against the other with respect to aoy matter relatlng to, arising out ot or in any way
conneded with ihis Agreement
14. Chanqed Co~dftions. If during ihe course of performanca of ihis Agreement conditions or circumstances are discovered which were nol contemplated by Consultant at the
commencement oi tfiis Agreement, Consuftant shall notify Cllent of the newly discovered conditions or arcumstances, and Client and Ca~suttani shatl renego6ate, in good taith, the
terms and conditions of th+s Agreement 1f amended tarms and conditions cannot be agreed upon wifhin thirty {30) days after notice, Consulfant may terminate this Agreement and
Consultant shail be paid for its services through ihe date of termination.
15. Goveminp Law. The laws o( tl~e State where the Agreementwas entered into sha~ govern interpretation of this Agreement. If any term is deemed unenforceabie, the remainder
of the Agreement shall stay in fukl fo~e and e(fect.
16. Addi6onal Provisions. Neither paRy may assign its interest in this Ag2ement wiihout fhe prior written consent of the other. Any modification to this Agreemenl will be effective
only if it is in writing signed by the party to be bound, except that lf Consuttant has periormed services in reliance on C1ienY5 verbal approval to proceed, Client sha{I be bound by such
verbal approval. One or more waivers of any term, condition or covenant by either party shail not be construed zs a walver of any o~er term, condifion or covenan4 Th+s Agreement
may be signed in counte~part
01201PROP (SJ07P009) nb January 40, 2008
Copyright 2008 K{einfeider